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Agenda 08-19-08 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA AUGUST 19, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof DISTRI T I City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). s:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING REVISED AGENDA August 19, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. September 2, 2008 City Commission Meeting at 6:30 p.m. and Regular CRA Meeting immediately thereafter. (CRA moved from September 9, 2008) 2. September 16, 2008 City Commission Meeting rescheduled to September 18, 2008 at 6:30 p.m. B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation by Susan Chapman of the Solid Waste Authority to the City of Boynton Beach of an award for Outstanding Efforts in Recycling. 1 Revised Agenda Regular City Commission Boynton Beach, FL August 19, 2008 3. Presentation by Ms. Charlotte Pelton, President, The Waters Pelton Organization, Inc., regarding the Capital Campaign Feasibility Study/ 501(c)(3) Foundation. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Accept the resignation of Eleanor Daly, a regular member of the Library Board. B. Appointments: Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (2) IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Cemetery Board Alt 1 yr term to 12/08 I Weiland Code Compliance Board Alt 1 yr term to 12/08 II Hay Code Compliance Board Reg 3 yr term to 12/09 Mayor Taylor Community Relations Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/08 IV Ross Education & Youth Advisory Board Stu N/V 1 yr term to 12/08 IV Ross Library Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Library Board Reg 3 yr term to 12/09 IV Ross Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Special Budget Workshop - July 28, 2008 2 Revised Agenda Regular City Commission Boynton Beach, FL August 19, 2008 2. Regular City Commission - August 5, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award a piggyback to Palm Beach County Bid #08-060jCB awarded on June 20, 2008 for one year to Allied Universal Corporation to purchase bulk Sodium Hypochlorite (Liquid Chlorine) for an estimated annual expenditure of $179,670. 2. Award the "REPAIRS OF TWO (2) BRIDGES WITHIN THE CTIY OF BOYNTON BEACH", Bid #049-2413-08jOD to Bridge Master Construction LLC in the amount of $58,349.50 with a 10% contingency in the amount of $5,835.95 for a total expenditure of $64,185.45. 3. Multi-award Bid #057 -1412-08jOD, "ANNUAL SUPPLY OF BRASS FITIINGS AND ACCESSORIES" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications providing domestic merchandise and can provide commodity in a timely fashion to our warehouse for an estimated expenditure of $55,000. 4. Approve a one (1) year extension on Bid #025-1510-05jJA for the "ONE YEAR CONTRACT FOR THE UPGRADE AND MAINTENANCE OF THE NEAX PHONE SYSTEM FOR THE CITY OF BOYNTON BEACH" awarded to Shared Technologist of Deerfield Beach, FL and approved on July 5, 2005 in the amount of $34,272 for the second extension - maintenance only. 5. Approve a piggyback of Somers, New York District Bid #5296 for the purchase of a 2009 Sutphen Heavy Duty SL-75 Quint from Sutphen Corporation for the amount of $613,715.88 with the immediate payment option. 6. Approve a piggyback with the City of Greenacres RFP #07-003, SPECIAUZED DEBT COLLECTION SERVICES, to Penn Credit Corporation, for the City's Collection Services at a commission rate of 17% of collected funds. 7. Approve a "Temporary Sulfuric Acid Surcharge", Bid #01l-2821-08fJA, "ANNUAL SUPPLY FOR SULFURIC ACID" to Shrieve Chemical Company of Woodland, Texas with an estimated expenditure for additional transportation charges of $15,427.50. 8. Approve a piggyback of GSA Contract #GS-07F-9491G for the purchase of four (4) emergency bypass pumps from Godwin Pumps of America, an authorized vendor under the GSA contract, for a total expenditure of $113,836.49. 3 Revised Agenda Regular City Commission Boynton Beach, FL August 19, 2008 9. Approve the purchase of two sculptures from the Avenue of the Arts year long, on loan program, for permanent display in the City for a total of $34,000, plus the expenditure of $6,000 to construct a base with electric and water for one of the sculptures. C. Resolutions 1. Proposed Resolution No. R08-086 RE: Ratifying a Memorandum of Understanding (MOU) between the City of Boynton Beach and SEIU, Florida Public Services Union, Blue Collar Unit regarding Work Breaks for shift and non-shift employees in Division 28 11 (Public Water Treatment). 2. Proposed Resolution No. R08-087 RE: Approving and authorizing execution of a Memorandum of Agreement between the State of Florida Department of Health, Palm Beach County Health Department and the City of Boynton Beach to provide Influenza and Pneumococcal vaccinations for a specific targeted group of Boynton Beach Senior Citizens. 3. Proposed Resolution No. R08-088 RE: Approving and authorizing execution of three Conditional Permit Agreements between the Lake Worth Drainage District (LWDD) and the City of Boynton Beach in support of the City's construction of the new regional force main. 4. Proposed Resolution No. R08-089 RE: Approving and authorizing execution of the First Addendum to Extension and Amendment to Agreement with the City of Boynton Beach and Paul W. Smith Enterprises, Inc. d/b/a Boynton Transit Advertising Company. 5. Proposed Resolution No. R08-090 RE: Approving and authorizing execution of Task Order No. U08-7-03 in the amount of $32,936 to Erdman Anthony of Florida, Inc., to provide professional engineering services for Section B of the Raw Water Main Interconnect project, plus an owner's contingency of 10% in the amount of $3,294 for a total budget appropriation of $36,230. 6. Proposed Resolution No. R08-091 RE: Approving and authorizing execution of Amendment No. 3 to Task Order U-04-18-2 for Stanley Consultants, Inc. in the amount of $62,081 providing for the development of a GPS protocol to incorporate existing and new field collected GPS data in the existing utilities base maps and development of a methodology to link, or georeference, existing as-built drawing images in Laserfiche format to the utilities base maps. 4 Revised Agenda Regular City Commission Boynton Beach, FL August 19, 2008 7. Proposed Resolution No. R08-092 RE: Approving a 12 month contract with Commercial Risk Management, Inc., for workers' compensation third party administration (TPA) services, with option of two one-year extensions for $24,500. Contract to be effective October 1, 2008. 8. Proposed Resolution No. R08-093 RE: Ratifying the actions of the South Central Regional Wastewater Treatment & Disposal Board on July 31, 2008: a. Accept 2008/2009 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures; b. Authorize the establishment of a user rate in Fiscal Year 2008- 2009 for wastewater in the amount of $.9977/1,000 gallons for Operations and Maintenance and $.1940/1,000 gallons for Reserves, bringing the total to $1.1917/1,000 gallons; c. Authorize Board to establish a reclaim user rate to consumers (Del ray and Plant) for Fiscal year 2008/2009 as follows: $0.16139/1,000 gallons; d. Accept the 2008/2009 Organization Chart and Salary Range Revisions as well as the two job description revisions and the addition of a new job position. D. Approve reduction in surety for the project known as Sea view Park Townhomes, reducing the required amount from the current value of $284,623.69 downward to $12,400. E. Approve the use of $2,000 from Commissioner Hay's Community Investment Fund for the Lena Rahming/Maude Ford Lee Scholarship Fund to provide assistance to former HeadStart students to attend college. F. Approve the full release of surety for the water and sewer improvements at the projects known as Boynton Town Center and Boynton Village in the amount of $113,794.10. G. Accept the written report to Commission of purchases over $10,000 for the months of May and July 2008. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None 5 Revised Agenda Regular City Commission Boynton Beach, FL August 19, 2008 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Country Inns and Suites (SPTE 08-006) Agent: Robert E. Currie of Currie, Sowards, Aguila Architects Owner: Anand Patel LLC (Anand Patel, Managing Partner) Location: 2201 South Federal Highway Description: Request for a one-year site plan time extension for site plan development (NWSP 06-026) for construction of a 42,367 square foot, 62 room hotel and a 9-foot height exception (HTEX 06-008, approved on November 21, 2006, thereby extending the one-year time extension to May 21, 2009. IX. CITY MANAGER'S REPORT: A. Discussion for new Towing Services Contract model B. Provide direction regarding future action plan for construction of a new Police Administration Building on City-owned property at the corner of Gateway Boulevard and High Ridge Road and the sale of bonds in the amount of $25M to fund this project. C. Congress Avenue Community Park: 1. Reconfirmation and authorization to move forward with Phase I construction 2. Pre-qualification of construction bidders 3. Authorization to enter into agreement for FRDAP Grant Award (Proposed Resolution No. R08-094) X. FUTURE AGENDA ITEMS: A. September 2, 2008 - Regular City Commission meeting at 6:30 p.m. - Regular CRA meeting immediately thereafter (moved from 9/9/08) B. City Hall Chambers BBTV Upgrades CIP Project -September 2, 2008 C. Electronic Agenda Comparative Cost Analysis -September 2, 2008 D. September 9, 2008 -- City Commission Hearing/Adoption of Proposed FY 2008/2009 Budget (1st Hearing) at 7:15 p.m. E. Adoption of Final Fire Assessment Rate Resolution - September 9, 2008 6 Revised Agenda Regular City Commission Boynton Beach, FL August 19, 2008 F. September 18, 2008 - City Commission Budget Public Hearing - Adoption of FY 2008/2009 Budget (2nd and Final hearing) at 6:30 p.m. G. American Assembly Implementation Recommendations - September 18, 2008 H. Review of NE 12th Avenue Canal - (Tabled on August 5, 2008 to September 18, 2008) I. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach - October 7, 2008 J. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - November, 2008 K. 2008 Recreation and Parks Strategic Plan Update - January, 2009 L. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund. (Tab/ed on August 5, 2008) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-007 RE: Amending the City's Comprehensive Plan to Implement the 2008 Evaluation and Appraisal Report; providing for Amendment of the Future Land Use Element, Transportation Element, Utilities Element, Conservation Element, Recreation and Open Space Element, Housing Element, Coastal Management Element, and Intergovernmental Coordination Element of the Comprehensive Plan and providing for adoption of a Revised Future Land Use Map. 2. Proposed Ordinance No. 08-020 RE: Amending Land Development Regulations, Chapter 2 "Zoning", by creating a new Section B, entitled "Additional Uses and Regulations on Collector or Arterial Roads". 7 Revised Agenda Regular City Commission Boynton Beach, FL August 19, 2008 3. Proposed Ordinance No. 08-021 RE: Amending the Land Development Regulations, Chapter 2 "Zoning", Section 5 to delete reference to June 13, 1975. 4. Proposed Ordinance No. 08-023 RE: Amending the provisions of the City of Boynton Beach Code of Ordinances which prohibits the sale of alcoholic beverages on Sunday mornings. 5. Proposed Ordinance No. 08-024 RE: Amending Ordinance 08-003 to correct the omission of Lot 44 from the legal description, reconfirming inclusion in the Community Redevelopment Area of the property described as Gulfstream Gardens. 6. Proposed Ordinance No. 08-026 RE: Amending the Community Redevelopment Plan to clarify that enclaves and other properties annexed into the City that are within the previously designated boundaries of the CRA are part of the Community Redevelopment Area and therefore subject to jurisdiction of the Community Redevelopment Agency. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-027 RE: Approving the abandonment of existing utility easements at Trinity Church International, 7255 South Military Trail, Lake Worth, FL. Proposed Resolution No. R08-095 RE: Accepting an easement from International Church Trust #1 for water and sewer utilities and/or other appropriate purposes on, over and across said property . 2. Proposed Ordinance No. 08-028 RE: Amending the Land Development Regulations, Chapter 21, Zoning, Section 5.B, Signs Allowed in Industrial Zoning Districts, to reduce the maximum height of freestanding signs from twenty (20) feet to ten (10) feet. D. Resolutions: None E. Other: None 8 Revised Agenda Regular City Commission Boynton Beach, FL August 19, 2008 XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CIlY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105) THE CIlY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNIlY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVIlY CONDUCTED BY THE CIlY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEASf TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVIlY IN ORDER FOR THE CIlY TO REASONABLY ACCOMMODATE YOUR REQUESf. REVISED AGENDA 8/15/08 4:00 P.M. S:\CC\WP\CCAGENDA\AGENDAS\year 2008\081908 Revised.doc 9 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August 19,2008 August 4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) C"') 0 C":)::;j D September 16,2008 September 2, 2008 (Noon) o November 18,2008 November 3, 2008 (Noon) : =1-< c:= -<0 D October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (NOonf,' (")-rr r-m 1""'10 .r:- ;0-< :I:Iot ~.Z (I)...... ~ Announcements/Presentations 0 City Manager's Report :J: 00 - ,.,z 0 Administrative 0 New Business - NA TURE OF .. '"'TlCD AGENDA ITEM 0 - aPl 0 Consent Agenda Legal C ",~ :0 0 Code Compliance & Legal Settlements 0 Unfinished Business :z: 0 Public Hearing 0 RECOMMENDATION: Allow presentation by Susan Chapman of the Solid Waste Authority to the City of Boynton Beach. EXPLANATION: The Solid Waste Authority will be making a brief presentation and presenting an award for Outstanding Efforts in Recycling to the City of Boynton Beach for the great partnership and teamwork that the city has shown through their efforts in recycling. This award is being given to all 38 municipalities for their valuable efforts in recycling and to recognize them for their participation. PROGRAM IMPACT: This presentation will raise awareness of the benefits and importance of recycling in the City of Boynton Beach. FISCAL IMP ACT: None AL TERNA TIVES: Not to allow presentation. ~~ - City Manager's Signature Assistant to City Manager Cfwt./ City Manager's Office Department Name City Attorney! Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC III.-ANNOUNCEMENTS & PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gJ August 19, 2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20,2008 (Noon) 0 September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) 0 October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 (Noon) [gJ Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda D Legal 0 Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing 0 RECOMMENDATION: To hear a presentation by Ms. Charlotte Pelton, President, The Waters Pelton Organization, Inc. regarding the Capital Campaign Feasibility Study that was conducted for Congress Avenue Community Park and Barrier- Free Playground and her recommendation (Exhibit A) regarding the development of a non-profit organization in Boynton Beach. A full copy of the study is attached as Exhibit B. EXPLANA TION: The Recreation & Parks Department was interested in forming a non-profit organization to raise funds for park projects. In June 2006, at the request of the late Assistant City Manager Wilfred Hawkins, City staff began investigating the possibility of developing a non-profit organization that could not only raise funds and be eligible to receive grants for park projects, but also for various projects benefitting the City. In August 2007, staff received approval to assist with forming the 501 c3 non-profit and developing an initial board of directors. The concept of forming a non-profit organization with a broad focus was not well received by key organizations in the community. Congress Avenue Community Park and Barrier-Free Playground is a multi-million dollar project. The Waters Pelton Organization, Inc. was contracted to determine if a fund raising campaign for this type of park was feasible. Through this study, potential donors were identified, with Wilfred Hawkins being the main contact to these individuals. Following the loss of Mr. Hawkins, Ms. Pelton met with staff to determine which potential donors were still approachable. The list was pared down significantly since Mr. Hawkins had a strong relationship with a majority of the contacts. PROGRAM IMP ACT: There are two key discussion points for the Commission to consider at this juncture: I) Appointment of Initial Board of Directors - The Foundation By-Laws currently provide for the Steering Committee to present a list of candidates to the City Commission for the establishment of an initial Board of Directors. However, when this item was brought back for reconsideration at the August 21, 2007 Commission Meeting a motion was passed "to approve with the adjustment this not come back before Commission and have no involvement in future actions of this SOlc3." (Exhibit C-excerpt from minutes). Also, one of the primary concerns raised by the Chamber of Commerce regarding the formation of a foundation was the linkage of the City to the foundation (Exhibit D - Chamber Letter dated 9/27/07)). Therefore, staff recommends that the recruitment and selection of the initial Board of Directors be established by the Steering Committee. The Steering Committee will be comprised of two staff members, two Recreation and Parks Advisory Board Members and two community stakeho lders. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 2) Start up (seed) funding for initial development and pre-campaign action plan. Our consultant estimates start up costs for the foundation to be approximately $75,000. which represents less than 10% of the estimated construction costs for the Congress Avenue Community Park Project. With a successful capital campaign this initial investment could be recouped. This would include professional services of a consultant for approximately 25 hours a month for the first year ($60,000) to assist with: 1) the development of a marketing strategy (and materials) to communicate to key constituencies; 2) assist with fine tuning the organization's goals and objectives and identify unmet needs of the community and City; 3) develop a recruitment strategy and campaign plan for a strong Board of Directors, 4, develop a public relations plan to enhance the organization's profile in the community; 5) identify gift opportunitIes from potential donors; and 6) research and assemble a prospective donor database. The remaining amount (est. $15,000) would be for marketing materials, brochures, campaign materials, etc. lnitially it was conceived and subsequently included in the By-Laws as a qualification of a Board Member / Duector) that "Directors shall be required to make an annual financial contribution and are encouraged to utilize the "falf share" guideline of one (1 %) of their annual income unless their personal circumstances do not permit such a contribution. " However, this specific method of identifying initial seed money (specific dollar amount) could potentially discourage candidates. It can also serve to be limiting with higher level donors. Stafhvill adjust the language in the By-laws to appropriately address the Director's level of participation/donations. FISCAL IMPACT: : N/A - A decision on the seed funding will be raised for discussion and action under the Cll) Manager's Report/Congress Avenue Community Park portion of this meeting. No action is necessary at this time. ALTERNATIVES: N/A j-'. --1e: (. ~: ~~. J20 7');. .~ : L. ~ . r__ \ c.. l...- . ~ Department Head's Signature City Manager's Signature Assistant to City Manager L?lttL-, Department Name City Attorney / Finance S'\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC EXHIBIT A Bovnton Beach Community Foundation Timeline THE WATERS PELTON ORGANIZATION, INC. FUND RAISING. PLANNING. MARKETING COMMUNICATIONS 477 South Rosemary Avenue, Suite 315 West Palm Beach, FL 33401 Telephone (561) 626-0026 FAX (561) 626-9119 Proposed Timeline for the Boynton Beach Community Foundation July 2008 Dallas I Fort Worth Denver Sacramento Tampa West Palm Beach -- THE WATERS PELTON ORGANIZATION, INC. 1 FUND RAISING. PLANNING. MARKETING COMML!NICl\'rlON5 Boynton Beach Commumty FoundatIon __m_____..__._.__ ___. _~,,~ .__._________m___._.___________~._._._rlmclll-:~ Background The Recreation & Parks Department was interested in forming a non-profit organizanon to ralse funds for park projects, and in ] une 2006, at the request of the late _'\ssistant Cnv :'vfanager \Xhlfred Hawkins, City staff began invesuganng the possibility of developing a nOI1- profit organization that could not only raise funds and be eligible to receive grants for park projects, but also for varlOUS projects benefitting the City. In _August 2007, staff received approval to assist \llith forming the 501 ~3 non-profit and developing an initial board of directors. As a result, the Boynton Beach Community Foundation (the Foundation) is planned to be created as a not-for-profit 501 (c) (3) organization in order to provide Boynton Beach area residents and other concerned citizens the opportunity to support initiatives that are close to their hearts, and improve the quality of life for all in their beloved city. The proposed rrussion of the Boynton Beach Community Foundation IS to plan, encourage. support and promote community improvement and growth through solicnaoon and administration of funding projects on behalf of the City, which as Sl s t educational, recreational and cultural ventures for the benefit of the residents of the Greater Boynton Beach area. The Foundation's board of directors and other interested volunteers ,vill work closely with individual donors, corporations, philanthropic organizations and foundations In partnership with the city to serve it~ purpose The City of Boynton Beach, through its Recreation and ParkJ Department, provides facilities, programs and services to meet the recreational needs of its citizens. The Congress A \'enue Community Park and Barrier-Free Playground, a Recreaoon and Parks Department project that builds on the far-reaching vision of the Americans with Disabilities Act, is planned to be the tIrst project to be developed by the Foundation 111 collaboration with the cny. The: proposed park is planned to encompass a barrier-free playground where all children can play, surrounded by acres of accessible recreational and therapeutic opportunities that stimulate the mind and the senses for the young and the elderly, no matter their level of abilities In preparation for a possible campaign to raise funding for the park, The Waters Pelton Organization, Inc. (WPO), was retained to conduct a Campaign Feasibility Study to determine the validity of the Case for Support, the availability of community leaders, and the prospect of financial support for the construction projects. Through this study, potential donors were identified, v.,>ith \X'ilfred Hawkins being the main contact to these indiViduals. Following the loss of I\1r. Hawkins, Ms. Pelton met ,vlth staff to determine which potential donors were still approachable, and the resulting list of potential participants was pared down significantly since I\1r. HawkIns had a strong relationship ,,>ith a majority of the contacts. A total of 22 key community leaders and potential donors prO\Tided input and participation in the study process. <..._ - ... _u_ _~......__.___ --.--......_-_....- THE WATERS PELTON ORGANIZATION,INC. Fu-..:n RAISI."';C . PLA"'~I'C; . MAHKE'll'Je CllM~\:'lC^TI(I"'.;S Bovnton Beach Community Foundation Timeline Recommendations In assessing the community, one of the most important elements of the process is evaluating the fIndings and comparing them to the realities of a community. Based on our findings a.nd analysis of information provided by study participants, the following actions are recommended: 1. Fully define and articulate the organization's purpose, the community's needs that the Foundation aims to meet, and its future goals and objectives to meet those needs; and develop the materials necessary to communicate this information to key constituencies. These materials should proactively address questions involving the relationship between the Foundation and the City of Boynton Beach so that potential donors and! or volunteers have clarity on these issues prior to any additional movement toward a development effort. Because the concept of forming a non-profIt organization with a broad focus was not well received by key organizations in the community, steps also need to be taken to address these concerns to ensure that key leaders are on board with the concept. 2. Move forward with the development of a strong board of directors by reaching out to those within Boynton Beach at the highest leadership levels in preparation for a future campaign, and initiate a comprehensive program to identify and evaluate future campaign leadership prospects. This is the most critical next step, as the fIndings of the Feasibility Study clearly indicate that future success will depend greatly on the Foundation's leadership structure as well as the strength of a future campaign organization. Although a strong core group of prospective leaders were identifIed, many of these people have little or no connection to the community and! or the Foundation's immediate circle of volunteers, and a greatly broadened cross section of community leadership will be necessary to implement the campaign strategies and provide access to the entire community of those who might consider support of this project. Specific attention should be given to cultivation and recruitment of individuals who could potentially provide or access the top or lead gifts. This cultivation and recruitment process should begin immediately. _____.P_______.____ ---------..-----------------------------..----.---- THE WATERS PELTON ORGANIZATION, INC. 3 flJ"JD RAISING. Pt.ANNING . MARKETING C{)MMll~ICt\T1O~S Bovnton Beach Commumtv FoundatlOn ---,---.---.---..--- __________~___.______~__________Jlmei ill, 3. Develop a leadership awareness strategy and action plan to educate and cultivate business and community leaders and philanthropists about the purpose of the Foundation, and to also educate them regarding the proposed plans for the park project and its impact on those it will serve. Within this strategy should be a targeted public relations plan to enhance the organization's profile in the community. The primary concentration of this effort should begin as an integral part the campaign preparation program. The plan should involve communication of needs of the community and how its efforts will meet those needs and should be targeted to groups within the vanous campaIgn constituencies n including top corporate leadership, foundations, prominent tndividuals and other volunteers. Our experience suggests that the most effective method for gaining community support of the Foundation and, ultimatelv this park project is through one-on-one meenngs between the Foundation's leadership and leaJing area business and civic leaders. This program will serve to enlarge the potential volunteer base required for the campalgn, as weil as develop additional contacts for prospective funding opportunities, and should include individuals and organizations from outside the Boynton Beach area that would have an interest in the project because of the target populations it aims to serve. 4. Adopt the $11 million goal outlined in the Case for Support only as an internal overall working goal and give strong consideration to seeking input from potential donors as to the elements most appealing to them in order to consider a phased approach to a future campaign. This phased approach should be actively discussed during the pre-campaign period when the initial identification of campaign participants and the cultivation of lead and upper level gifts take place. Once proper leadership and donor education has been completed and appropriate campaign leadership has been identified, the Board should then determine hO'\v and when to move forward with the formal campaign. This process should include consideration of phasing or other alternative approaches to funding the elements of the plan. 5. Adopt a twelve (12) month schedule for this effort and re-evaluate the prospects for a successful campaign at that point based upon recruitment success and the economic climate. ".._____._....n_. _....._ .____...~.~_.__._m..___.m__._.._.__..__.__.____.. __..m_~__uu THE WATERS PELTON ORGANIZATION, INC. + Ft'"n RAI!'I'G . PLA'\JNING . MAHKETING COMMll'Il:,'\TIO~~ Bovnton Beach Community Foundation Timeline Timeline We recommend a 12 month organizational development and pre-campaign planning phase as follows: Months 1-3 ~ Fully define/ref me the organization's purpose first articulated in the draft Articles of Incorporation and Bylaws in preparation for filing for incorporation. ~ Fully identify unmet community needs that the Foundation aims to meet and develop future goals and objectives to meet those needs. ~ Identify specific concerns and develop strategies to address those concerns identified during the course of the study related to the "broad focus" of the Foundation. ~ Develop marketing materials necessary to communicate this information to key constituencies. ~ Develop a strategy for recruiting a strong board of directors. ~ File for incorporation of foundation once the initial board is in place. Months 4-6 ~ Develop a leadership awareness strategy and action plan to educate and cultivate business and community leaders and philanthropists about the purpose of the Foundation, and to educate them regarding the proposed plans for the park project and its impact on those it will serve. Within this strategy should be a targeted public relations plan to enhance the organization's proftle in the community. ~ Initiate a comprehensive program to identify and evaluate future campaIgn leadership prospects. ~ Initiate a program to cultivate individuals who could potentially provide or access the top or lead gifts and seek input as to the elements most appealing to them in order to consider a phased approach to a future campaign. ~ Identify dedication/memorial gift opportunities based upon plans and input from potential donors. Months 7-12 ~ Develop prospect identification/ donor cultivation program targeting donors capable of gifts of $10,000 and above. ~ Research and assemble prospective donor database and determine which prospective donors have the capacity for making gifts of $100,000 or more. ~ Make a determination as to how and when to move forward with the formal campaign, considering phasing or other alternative approaches to funding the elements of the plan. ~-------- THE WATERS PELTON ORGANIZATION, INC. 5 FUND RAISING. PI.ANNING . MA.RKETINGCOMMllNICAT10NS EXHIBIT b Congress Avenue Community Park and 8aITjer-~ree Plav~rouJl(t____ .__._.__ l'amtal Campaign hasibilitv Stud\ Report THE WATERS PELTON ORGANIZATION, INC. FUND RAISING. PLANNING. MARKETING COMMUNICATIONS 477 South Rosemary Avenue, Suite 315 West Palm Beach, FL 33401 Telephone (561) 626-0026 FAX (561) 626-9119 Capital Campaign Feasibility Study Final Report The City of Boynton Beach and the Boynton Beach Community Foundation February 2008 Dallas / Fort Worth Denver Sacramento Tampa West Palm Beach -~---_.~-------~-_....- THE WATERS PELTON ORGANIZATION, INC. F1.~Nl) RAISING. PLANNING. MARKETING COMMt:NICATIONS Conlrress Avenue Community Park and Barrier-Free Plavlrround CaDita] CamDail!n Feasibilitv Study Renort Table of Contents Section Page I. Background ....................................................................... 3 II. Purpose and Objectives ......................................................... 4 III. Methodology ...................................................................... 6 IV. Summary of Findings ............................................................. 7 1. Public Image and Awareness ................................. 7 2. Need and Importance of the Project ........................ 8 3. Community Financial Support........... ........... ... ........ 11 4. Pace-Setting Gifts ................................................ 12 5. Leadership ......................................................... 14 6. Economic Trends....... ................ .... .... ...... ........... 16 7. Competition for Philanthropic Support & Timing. . . . . . . . . . . . 17 V. Recommendations .................................................................. 18 Appendices Appendix I - Study Participants ................................. 21 Appendix II - Case for Support .................................... 23 THE WATERS PELTON ORGANIZATION, INC. 2 FUND RAIsING. PI....\l'I.'NING . MARKETING COMMUNICATIONS Congress Avenue Community Park and Barrier-hee Playground ._."-",,-_.._,,-,,_. CaPItal Campaign reasibility Stud, kepun Background Founded in 2006, the Bqynton Beac/; Community Foundation (the Foundation) will become a not- for-profit 5Ul(c)(3) organization in order to provide Boynton Beach area residents and other concerned citizens the opportunity to support initiatives that are close to weir hearts, and improve the gualit:y of life for all in their beloved cm-. The mISSIon of the Boynton Beach Community Foundation will be to plan, encourage, support and promote community improvement and growth through solicitation and administration of funding projects on behalf of the City, \vruch assist educational, recreational and cultural ventures for the benefit of the residents of the Greater Bovnton Beach area. The Foundation plans to \vork closely with individual donors, corporations, philanthropic organizations and foundations in partnership with the city to serve its purpose. The City of Boymon Beach, through its Recreation twd ParkJ Department, provides facilities, programs and services to meet the recreational needs of its citizens. The Congress Avenue Community Park and Barrier-Free Playground, a Recreation and Parks Department project that builds on the far-reaching vision of the Americans \vith Disabilities j\ct, is planned to be the tirst project to be developed by the Foundation in collaboration with the city. The proposed park is planned to encompass a barrier-free playground \vhere all children can play, surrounded by acres of accessible recreational and werapeutic opportunities that stimulate the mind and the senses for the voung and the elderh', no matter weir level of abilities. In preparation for a possible campaign to raise funding for the programs outlined, The Waters Pelton Organization, rne. (\'Z'POl, was retained to cunduct a Campaign Feasibility Study to determine We vabdity of the Case for Support, the availability of community leaders, and We prospect of financial support for the construction projects. A. total of 22 key community leaders and potential donors provided input and participation in the study process. A full listing of participants is enclosed in the Appendix section of this report, as is the complete Case for Support. ~-----------"~-'-_._.._- ---" THE WATERS PELTON ORGANIZATJON.INC. .1 H!ND RAISING. PLA1'-.'NING . MARKETING COMM1;NICATmN<;; CODlrress Ayenue Community Park and Barrier-Free PlaYl!round Caoita] Camoai!!D Feasibility Study Reoort Purpose and Objectives The purpose of this study was to evaluate the potential for securing the necessary funding for the park project as outlined in the Preliminary Case for Support. The major objective was to interview a representative cross-section of business and community leaders in the area to determine their awareness and understanding of park and recreational programs and services within the City of Boynton Beach, to seek their opinions regarding the formation of the Foundation to raise funds for a variety of initiatives developed in partnership with the city, and to determine their receptiveness to actively participating and financially supporting the proposed capital campaign for the new park facilities proposed to be built. Several areas of public opinion were surveyed, primary of which were the following: 1. To determine the current public image and the level of general public awareness of City of Boynton Beach Recreation and Parks facilities, programs and services. 2. To determine how readily community leaders and prospective donors accept the urgency of the City's proposed plans. 3. To determine how readily community leaders and prospective donors accept the concept of the Foundation and whether its initial park project campaign would have broad-based financial support from businesses, foundations, individuals and organizations capable of making significant financial gifts. 4. To determine the interest level of local community leaders relating to active participation in the leadership organization of the proposed campaign. 5. To determine the availability of pace-setting gjfts needed to achieve the financial goal of approximately $11 million. 6. To determine the current and future economic trends and projections for the area. THE WATERS PELTON ORGANIZATION, INC. 4 FUND RAISING. PLANNING. MARKETING COMMUNICATIONS ( oogress A venue Communilv Park and Barrier-rree Playground Capila] Campaign reasibililv Studv Report ~ To determine if any competing campaigns or fund raising efforts \vould hinder the ayailability of leadership or financial support. 8. To determine the appropriate timing for a campaign effort. --~-~ THE WATERS PELTON ORGANIZATION, INC. :; H;ND RAISING. PLANNING. MA.RKETING COMMrrl\'ICA nONS Conl!fess Avenue Communi tv Park and Barrier-Free Plavl!found CaoitaI Carnoailtl1 Feasibilitv Study Reoort Methodology An Ad Hoc steering committee comprised of both city employees and residents worked with WPO to compile a list of 54 prospective interviewees. Individuals were identified according to their potential for contributing to, or otherwise participating in and supporting the proposed Capital Campaign. Once the list of prospective interviewees was compiled, various key contacts were assigned the task of calling these individuals to determine if they would be willing to participate in the study. Once interviewees agreed, meetings were scheduled by WPO's staff and interviews were completed between February and September 2007, by WPO President Charlotte Pelton. In preparation for the personal interviews with potential donors, selected community leaders and city officials, a preliminary Case for Support document was prepared which described the purpose of the Foundation, and the plans for the park and its associated capital reqUltemen ts. A copy of the Case for Support was given to each interviewee prior to the scheduled appointment and was used as a focal point for each interview. A copy of the Case for Support is included in the Appendix Section of this report. In addition to the on-site interview process, a questionnaire was mailed to 93 potential participants to provide an opportunity for additional participation in the study. Finally, each study participant was sent a personal letter of thanks at the conclusion of the study. This was a way of expressing appreciation for the time and input given to the City of Boynton Beach, the Boynton Beach Community Foundation and WPO during the study process. The consultants wish to acknowledge the leadership of Parks Superintendent Jody Rivers and Director of Recreation & Parks Wally Majors throughout the course of this study. WPO also gives thanks to members of the Steering Committee who helped contact study participants, and acknowledges those who took time from their busy schedules to participate. THE WATERS PELTON ORGANIZATION, INC. 6 FUND RAISING. PLANNING. MARKETING COMMUNICATIONS Congress Avenue Communltv Park and Barrier-hee Playground ~--~-_.._.__.--- , apital Campawn Feasibihtv Study Renort Summary of Findings The following represents a summary of tin dings uf the Campaign Feasibility Study, as well as conclusions reached by the consultants with respect to each of the areas presented, and the recommendations, which emerge from these conclusions. 1. Public Image and Awareness The majority of study respondents (650/0) were not familiar with the recreational services offered by the City of Boynton Beach, and, as a result, was not able to prO\'ide am' impression of those services. This is the result of participants comprising a good number of community leaders from outside of Bovnton Beach area. Keep in mind that . - this is a qualitative study, and the sample size is also not large enough to draw any conclusions regarding the recreation services offered by the city; nor does it allow any definitive conclusions regarding the gualitv of those services. Among those who are familiar with the services, there \vere mixed opinions. Among reasons cited: . '~) er/.!iceJ appear to be concentrated in diJtrict l. and it appecm almoJt IlU Jerrices are alwilable in diJtrict 4. " . 'The city exjJen.ellceJ delqYJ ill getting thingJ done; city olfieialr are Jlo~' to mOIJe. " . '1f'e haz'e waited way too long to make thir /Iappen. " . 'U:-e have lJJell-maintained park.r(faci/itieJ. " . 'The community haJ been voeal about tlJi.r procu.r. " . 'There could be better diJtributiol1 q(fundr (amOJ~g the variouJ dzstrictJ). " 1>{ost respondents were also not able to comment on the image and reputation of the City's recreational services among those \\'ho live in the Bovnton Beach area and use them. \Xiben asked about the concept of the Boynton Beach Community Foundation as a supporting organization to partner with the city in support of these types of projects, 82%, of study respondents agreed with the concept. -~-----~- -~-------_._._- THE WATERS PELTON ORGANIZATION, INC. FeND RAISING. PUNNING. MARKETING COMMUNICATION" Comrress Avenue Community Park and Barrier-Free Plavll:round Canital Camnaill:Il Feasibilitv Study Renort Among the few who did not agree with the concept, the following reasons were cited: . "Not sure if there will be wider appeal to donors bryond those in Bqynton Beach. ': . "Building a trust is an enormous task. I don't believe public will want to give to something linked to a municipality. " . "I am not willing to support this if it takes funds awqy from other non-proftts providing important social services for the neecfy. " 2. Need and Importance of the Project Sixty five percent (65%) of respondents agreed that the park's components are important in terms of the needs of the community. How important are the proposed facilities in terms of addressing important community needs? . Very important (36%) . Important (29%) o Somewhat important (12%) o Somewhat unimportant (6%) . Very unimportant (6%) liIUnsure (12%) There was also a very strong response in support of the overall plan as articulated in the Case for Support, with the majority believing that the need for these facilities is real, and that the case is well articulated as presented. THE WATERS PELTON ORGANIZATION, INC. 8 FUND RAISrNG . PLANN1NG . MARKETING COMMUNICATIONS Congress Avenue Communilv Park and Barrier-hee I'Javgrl'und -"---". ( apital Campaign }easibilitv Stud, Repon Do yOll agree with the proposed plans as summarized in the preliminary Case for Support? .Yes (80%) .No (13%) DUnsure (7%) Among reasons cited when asked how persuasive the plan is: . '1t allolJlS the communi!)' to get involved emotional{v andjinancial!v. " . ''I+'"e are saving green .rpace for families, especial Iv for mat!)! that don't have much (due to their disabilities) I'. . 'ThiJ would be a si.\: on a scale of 1-10, but onb a tbree forJolkJ of tbe.v hal!e no experience 1Jilt!; organi:::fltion.r, Juch as the ARC. Ivho Jet7le the dirabled and t/7eirjamilieJ. " . 'This iJ a jeel good pro/ect but not Jure thiJ iJ saltable to tbe broader m!1l1l1N11ity. " . 'TersuaJiz1e. " . "1 'el)' perJuasizJe. " . '1t addreJseJ the need well and getr to tbe point. It Jhould attract intereJt. ,. . lYe are in the forefront. . '1t j)as a dual purpose -- helps childrm and adultJ in general community aJ well aJ those u'ho an handicapped. " . "Tbe case JUpporls netd. " Among the stronger components: . "The uJater jeatureJ makes thiJ a go-to cmttr. The tact that it IOr/l'ee to children and families. " . "It will attract thoJe uJith links to special netd.r. " . 'The city Jhould SUI7JI()' tht client Jet (disabled); tbl(J' could foml a partnership 1Jith tht: cit')!. " . 'Thert: iJ nothing available lzke thiJ park in Boynton/Delrq)' South area. " . '1t would J(nle the need to mlightm (those in) tbt: COJI!l(Y. " . "OzJerall the plan zs well thought out, JJ.dh accessibility and intflplqJ' between parents and children for interaction. Lots of educational aspectJ art: good. " . 'The Imter park feature - olitrall concept iJ uniqm. .. -~- --- ~-_. ---- ---- ---- --,----- THE WATERS PELTON ORGANIZATION,INC. q Ft 'ND RAlSING . PLANNING. MARKETING COMMLJl\ilCATJoNS Comrress Avenue Community Park and Barrier-Free Plavl!round Caoital Camoailm Feasibilitv Studv Renort Among the weaker components: . 'The Bonsai gardens - who will take care if them?" . "I had a sense that it was all kid-onlY based. " . 'The average citizen is clueless. This is a lot if monry, especiallY when so ma'!)1 others issues are important, such as crime and housing. " . "Change it to aim at the general population} including "what is in it for me". It serves all the disabled -- how ma'!)1 if these 18 7}OOO people are in the City if Bqynton Beach?" . "It appeals to nalTowaudience (disabled and their families)". . '1t is a nice idea, but is it going to fly and be maintained? I am concerned regarding how it might attract the homeless, drug.r, etc. " . '1t is not just jOr children but also senior citizens from local facilities who could take dqy tnps. Position it as a destination jOr senior activities as wel/. " A couple of items cited as missing that should be considered to be added: . "Better emphasize how inclusive the pro/ect is - that it qffects all ages. " . How about adding a fishingpond (stocked)?" How important are these plans for the development of this park compared to other needs in the community? . High Priority (24%) . Necessary (29%) o Low Priority (24%) DUnsure (24%) While the majority of respondents believe the project is needed, almost one quarter think it has a low priority when compared to other pressing needs, and almost one quarter were unable to rate it when compared to other community needs. Respondents cited concerns over the economy, with issues over unemployment, housing and taxes, as troubling. They also mentioned that while this project is appealing in terms of addressing the ability of the disabled to access parks, social service agencies should be ranked as a higher priority due to the impending tax cuts and the area's economic woes. THE WATERS PELTON ORGANIZATION, INC. 10 FuND RAIsING. PLANNING. MARKETING COMMUNICATIONS Congress Avenue Community Park and Barrier-hee Playground .-.--".--. Vanllal Campaign Feasibilil\' Study Renort 3. Community Financial Support In analyzing the potential sources of income in response to a campaign, several areas of support were taken into consideration including individual philanthropy, corporations, foundations and government grants. It was understood that the identification of suftlcient potential sources of support at the appropriate levels would be vital In evaluating the probable success of a campaign at this time. Based upon the estimated capital needs outlined ($11 million remaining). do you feel that the community will be receptive and financially supportive of a campaign to complete the park? .Yes (31%) . Possibly (44%) DNo (12.5%) DUnsure (12.5%) \X'hile more than 30% of study partiCipants feel the community would support a campaign, the majority expressed some level of reservation about a campaign at this time due to a number of external factors including the economy and the perceived lack of major philanthropists within Boynton Beach, as well as the newness of the Foundation and its lack of a track record. \X'hen asked if the proposed campaign goal was realistic and attainable, less than 300(} thougbt it was realistic at this time, and another 12% were eitber unsure or believe it migbt possibly be only if a major donor or two came forward to lead the way. One respondent suggested that a leadership gift from a major local corporation might cause the community to rally behind the effort, while another suggested that a phased project would allow the Foundation to expetience success with a smaller goal. ~_.~- ---~---_.- THE WATERS PELTON ORGANIZATION, INC. II Ft !ND RAlSING . PLANNING. MARKETING COMMr.:NlCATlONr.,: Conl!Tess A venue Community Park and Barrier-Free Plavl!Tound Caoital Camoaign Feasibilitv Study Reoort Among the project's major assets going into a capital campaign: . "It has somethingjor everyone." . "Quite a bit has alreacfy been donated. " . "It is multi-generational and provides opportunities jor events, art shows, Very Special Arts, and fundraisingfor other or;gani~tions. " . "It will help put Bqynton Beach on the map. " . 'The concept; the partners. " . 'The open space, natural areas. The accessibility off of Congress from most points in city. " . '1t is unique and people will feel good about giving to it. " . 'The prqject concept, the property and location. " . 'That it is benefiting the handicapped" . 'The need and passion jor the need; the community is excited about the concept. " Among possible obstacles to the success of a campaign: . "Overall uncertainty of the economic climate and so maf!)' unknown if big pieces - housing, taxes medica/, etc." . "Getting people stirred up in prqject serving a minority if clients. " . The City's record if lack qf success. " . 'The neighbors' acceptance in terms if hours if operation, the numbers if people, etc." . "Not reaching $ goals (appearance if failure). " . "Competing capital prqjects such as the children's museum." 4. Pace-Setting Gifts Most felt that the lead gift is within reach if the Foundation properly communicates with and cultivates potential donors and attracts the right leaders to lead the Foundation and the campaign. Based on the gift chart. do you feel the top gift ($1 million) is attainable? .Yes (65%) . Possibly (23%) o Unsure (12%) THE WATERS PELTON ORGANIZATION, INC. 12 FUND RAISING. PLANNING. MARKETING COMMI.:'N1CA110NS ConlZress A venue CommuJJltv Park and Barner-hee Playground Capital CampaHW beaslbJiily Study Report Do you feel the Foundation can obtain the top-level gifts ranging from $250,000 to $1 million? .Yes (41%) . Possibly (47%) DNo (6%) o Unsure (6%) It should be noted that a number of study participants are experienced in both raising funds as well as in giving gifts, and therefore base their opinions on past personal expenences. These expenences cause them to indicate the potentia! for success, recognizing that is wholly dependent upon the recruitment of appropriate leaders, and proper donor education and cultivation before asking for any significant gifts. When asked about this proiect on their own list of giving priorities and whether they personally would consider a gift to the campaign, almost 650(1 of respondents consider it a low priority, and 41 % said that they \vould not consider a gift at this time. Manv cited giving to social service agencies as a higher priority, including those related to seniors, children and healthcare. However more than 5Uo/() of respondents said that the\' would consider providing a gift, pointing to the need for the Foundation to build a strong leadership for the organization and begin a donor communication, education and cultivation program in anticipation of a future campaign. --~.~~---~-~- ___ _____ _". __ ~_'_.H._. __ THE WATERS PELTON ORGANIZATION, INC. 1 ~ FeND RAcSIN"G . PLANNING. MARKETING COMMlJNICATJON~ Comrress Avenue Community Park and Barrier-Free Plavllfound Caoital Camoailffi Feasibilitv Study Revort Would you be willing to make a personal contribution to the campaign? .Yes (35%) .Perhaps (24%) DNa (41%) In addition, 1/3 of study respondents said that they would possibly consider a gift in memory of former Vice Mayor Robert Ensler, the man who championed this project from its beginning. In addition, almost 30% of respondents also stated that their companies might also consider a donation as well. 5. Leadership Many study participants have had experience as volunteers in fund raising campaigns and understand the work required to achieve success. When asked if they would consider becoming an active supporter and/or member of the Foundation, 15% stated that they would. When asked if they might consider being a campaign volunteer, more than 40% stated that they would consider a role, and a few also stated that they would also consider a leadership position. This is a very positive response to the possibility of future involvement in the campaign, but also further emphasizes the need to concentrate on identifying and cultivating the right leaders who could inspire these volunteers toward success, keeping in mind that the single most critical factor in the success of any campaign is leadership recruitment. THE WATERS PELTON ORGANIZATION, INC. 14 FUND RAIsING. PlANNING. MARJffiTIN'GCOMMUNlCA110NS Congress A venue Communitv Park and Barrier-free Plavground C aDital CamDmgn feasibility Stud\' Renor1 Who do you feel would be the most effective person (or persons) to serve as the General Chairman for the campaign. and who are other prominent individuals that should be involved in the campaign organization? Among those identified: . Someone who has overcome the mindset of their disability, such as Greg Rice. . Billy and Dan Bowman . Bob Ensler's wife . :\1ichae1 \X/einer -land use attorney; Gene Moore; Jim Comparato . George and Wilma Elmore . Bob Taylor . Bob Hill . Carrie Parker Hill . Stormy N arm Stormett It was also suggested that the Foundation seek out advice from those who have been closely tied to other organizations that work with disabled individuals and their families to identify possible candidates to help lead the campaign. The most critical first step, however, is the development of the board of directors for the Foundation itself, keeping in mind that there needs to be a very clear separation between city government and the Foundation so that there is no perception of cronyism among or favoritism toward those involved. - --"~-_.- .--- ---- THE WATERS PELTON ORGANIZATION, INC. ,- t:' FrrNO RAISlNG . PUNNING. MARKE1'JNG COMMl:NICATIONS Comrress Ayenue Community Park and Barrier-Free PlaYl!Tound Caoital Camoailffi Feasibility Study Reoort 6. Economic Trends How would you rate the current economic climate? . Good (36%) . Improving(21 %) o Poor (36%) o Unsure (7%) As one might expect, many study participants expressed concerns about the local economy. Among reasons mentioned are the sharp downturn in the real estate market and its spillover impact in construction related jobs, taxes, the cost of insurance, and healthcare costs. Consideration must also be given to the fact that these external conditions have the possibility of continuing to impact the economy for the next couple of years. THE WATERS PELTON ORGANlZATION,INC. 16 FUND RAISlNG . PLANNING. MARKETING COMMUNICA'nONS Congress A venue Community Park and Barner-l-ree I'lav!(round .._----. (am tal Campai!(n l'easibilllv Stud\ Report 7. Competition for Philanthropic Support and Timing of the Campaign A number of local campaigns were identitled during the course uf the smdv process including: . The Boca Raton Hospital (now on hold) . The South Florida Science Museum . Social service organizations (with expressed concerns over pending tax cuts) . United Way of Palm Beach County Se,"eral study participants commented that there are always a number of campaigns that are active or in the stages of development, and the majority of respondents (17%) stated at this effort should proceed after the board of the Foundation has been properly built and based upon the availability of the right campaign leadership. _._-~--~- "- -- - .-_._--~--_._- THE WATERS PELTON ORGANIZATION, INC. 1 FUND RAISING. PLANNING. MARKETING COMMCNJC..\TlON,S Cone:ress Avenue Community Park and Barrier-Free Plavl!:round CaDital Camoail!n Feasibilitv Studv Reoort Recommendations In assessing the community, one of the most important elements of the process is evaluating the fIndings and comparing them to the realities of a community. Based on the consultant's fIndings and analysis of information provided by study participants, the following actions are recommended: 1. We recommend the Foundation fully define and articulate the organization's purpose, the community's needs that the Foundation aims to meet, and its future goals and objectives to meet those needs; we also recommend it develop the materials necessary to communicate this infonnation to key constituencies. These materials should pro actively address questions involving the relationship between the Foundation and the City of Boynton Beach so that potential donors and/or volunteers have clarity on these issues prior to any additional movement toward a development effort. 2. We recommend that current volunteer leaders of the Boynton Beach Community Foundation move forward with the development of a strong board of directors, reaching out to those within Boynton Beach at the highest leadership levels, in preparation for a future campaign. We also recommend the Foundation initiate a comprehensive program to identify and evaluate future campaign leadership prospects. This is the most critical next step, as the fmdings of the Feasibility Study clearly indicate that future success will depend greatly on the Foundation's leadership structure as well as the strength of a future campaign organization. Although a strong core group of prospective leaders were identifIed, many of these people have little or no connection to the community and/or the Foundation's immediate circle of volunteers, and a greatly broadened cross section of community leadership will be necessary to implement the campaign strategies and provide access to the entire community of those who might consider support of this project. Specific attention should be given to cultivation and recruitment of individuals who could potentially provide or access the top or lead gifts. This cultivation and recruitment process should begin immediately. THE WATERS PELTON ORGANIZATION, INC. 18 FUND RAISING. PLANNING. MARKETING COMMUNICA110NS Conf?Jess A venue Communitv Park and Bamer-rree Plavground _.._,~.- CaPItal Campaign reasibililv Study ReflOl1 3. We recommend the Foundation's board of directors develop a leadership awareness strategy and action plan to educate and cultivate business and community leaders and philanthropists about the purpose of the Foundation, and to also educate them regarding the proposed plans for the park project and its impact on those it will serve. Within this strategy should be a targeted public relations plan to enhance the organization's profile in the community. The primary concentration of this effort should begin as an integral part the campaign preparation program. The plan should involve communication of needs of the community and how its efforts will meet those needs and should be targeted to groups within the ,'anous campalgn constituenCles -- including top corporate leadership, foundations, prominent individuals and other volunteers. Our experience suggests that the most effective method for gaining community support of the Foundation and, ultimately this park project is through one-on-one meetings bet\veen the Foundation's leadership and leading area business and civic leaders. This program will serve to enlarge the potential volunteer base required for the campaign, as well as develop additional contacts for prospective funding opportunities, and should include individuals and organizations from outside the Bovnton Beach area that would have an interest in the project because of the target populations it aims to serve. 4. We recommend that the $11 million goal outlined in the Case for Support should be adopted only as an internal overall working goal and that strong consideration be given to seek input from potential donors as to the elements most appealing to them in order to consider a phased approach to a future campaign. This phased approach should be actively discussed during the pre-campaign period when the initial identification of campaign participants and the cultivation of lead and upper level gifts take place. Once proper leadership and donor education has been completed and appropriate campaign leadership has been identified. the Board should then determine how and when to move forward with the formal campaign. This process THE WATERS PELTON ORGANIZATION, INC. II} FeND RAISIN\. . PUNNING. MARKETING C()MMeNIC:\TION~ COOlrress Avenue Community Park and Barrier-Free Plavl!:round Caoital Camoail!:ll Feasibility Study Reoort Appendix I - Study Participants Robert Arkin Retired Scott Badesch CEO United Way of Palm Beach County Dari Bowman Community Volunteer Paul Bremer Trustee Marshall E. Rinker Foundation Gale Howden Vice President of Community Relations and Marketing Palm Beach Post Lance Howden Director of Administration Lytal, Reiter, Clark, Fountain & Williams, LLP Shelly King Retired Elaine and Bernard Lern Trudy McConnell Vice President of Community Relations Quantum Foundation Commissioner Carl McKoy City of Boynton Beach Commissioner Karen Marcus Palm Beach County Patricia & Stanley Moss Lisa Peterfreund Community Volunteer Victoria Regan General Manager WPBF Channel 25 THE WATERS PELTON ORGANIZATION, INC. 21 FUND RAISING. Pl..ANN1NG . MARKET1NG COMMUNICATIONS r. Boynton Beach's Boundless Vision r ' t d f"l f t . n Play , . f' t _ I. Laugh , . , " L_ . , ' I I . .-' Live I.. r! ! \;. ,.~ Without Limits --.J The Congress Avenue Community Park and Barrier-Free Playground --' The Boynton Beach Community Trust, Inc. Inaugural Project .__J In Partnership with the City of Boynton Beach Recreation and Parks Department A sense of COIvIMl.'NITI'...1t Starts in Parks -~ ',.- , The Boynton Beach Community Trust, Inc. A trust created for our citizens, by our citizens, to enhance our community's guality of life. Founded in 2006, the Boynton Beach Community Trust represents, promotes and serves the Boynton Beach community. The Trust, which will become a not-for-profit 501 (c) (3) organization in 2007, will provide citizens the opportunity to support initiatives that are close to their hearts, and improve the quality of life for all in their beloved city. The Boynton Beach Comm.unity Trust will work closely with individual donors, corporations, philanthropic organizations and foJrrdations in partnership with the city to serve its purpose. The mission of the Boynton Beach Community Trust is to plan, encourage, support and promote community improvement and growth through solicitation and administration of funding projects on behalf of the City, which assist educational, recreational and cultural ventures for the benefit of the residents of the Greater Boynton Beach area. The Congress Avenue Community Park and Barrier-Free Playground, a project that builds on the far-reaching vision of the Americans with Disabilities Act, is the first project to be developed by the Trust. Boynton Beach Community Trust Steering Committee Wilfred Hawkins, Assistant City Manager Debbie Majors, Grants Coordinator Wally Majdrs, Director of Recreation & Parks Janelle Sloan, Resident Jody Rivers, P~rks Superintendent Patti Hammer, Resident ~::' r Play, lauah, live without limits. l. ~- i j The City of Boynton Beach, in partnership with the Boynton Beach Commuruty Trust, Inc., ha, " vision to create a completely barrier-free public park on 13 acres at Congress Avenue Communin . , Park that will provide children and adults of all abilities the chance to laugh. play, gro\.v and learn together. A barrier-free playground where all children can play '"vill be the cro\.vning je\.vel of the park. It will be surrounded by acres of accessible recreational and therapeutic opportunities that stimulate the mind and the senses for the young and the elderly, no matter their level,)f abilities. Special needs children will be able to experience the joy and anticipation uf a fun-tIlled day at the park, rather than excluded, frustrated and embarrassed by their inabilities tn (wercome the barriers that exist at most parks and playgrounds today. Parents and grandparents with bmited abilities will delight in the \.vide variety of opportunities they will have to barrier-free pIal' with their children ;IfiLl grandchildren. Picture a child with cerebral palsy able to enjoy the thrill of a splash fountain, or ;, wheelchair-bound grandfather sailing hobby boats \vith his grandchildren, :md vau \vill begin to set the promise this park has to foster meaningful memories and relationships forgeneratiuns t( ) cum., l Realizing the need for a barrier-free park in Palm Beach C:ounty where uver 18",UOU disabled residents reside, representatives of agencies that offer services for special needs individuals, including the United \X'ay, United Cerebral Palsy, Lions Club, American Red Cross, and Deaf Service Center i were invited to participate in a design charette to determine the elements needed in a "boundless" l park, and to create a master plan. A wide variety of programs for children, teens, adults and seni, )r<; will be developed, inciuding arts and crafts, dance and movement, after-schuol programs, summer -; and holiday camps, field trips, wheelchair tennis, fitness programs. ,md gardenmg. The follO\ving pages will further explain the need for this important park, and share \.\'ith you' Jur boundless vision for a place in our community where differences are celebrated because peuple ,)t all ._..J abilities can plav and learn together. Thank \'ou for taking the time to renecr on this projecr. , . Sincerely, L...l ~7,r- ...-.". Jerry Taylor Mavor " ~ The Citv ofBoynwn Beach's Boundless VisuJn P!a\., Laugh, Lin \\'it~out Lln1l' c ~ What does boundless mean? Facts and faces tell the story of the endless benefits of a multi-generational barrier-free 11 park to our community. .' l Wide open opportunity... I ~J Meet Adam and Brandon Susser, 6-year-old twin brothers, and two of the !!1 thousands of children who will have the chance to play together in Boynton j Beach's 13 acre barrier-free park. So much more than a playground, this unique park will allow special needs individuals and their friends and families to "1 interact and play at a splash fountain, sensory garden, hobby boat pond, I I walking trails, outdoor stage and more, Nowhere else in South Florida will .J such a wide variety of outdoor recreational and therapeutic activities be offered in one place to support our county's 187,000 special needs citizens, For kids '1 I like Adam and Brandon, this will be one place where they don't have to think I J about overcoming barriers to enjoy each other's company. They only have to think about having fun. l J "'1 Unrestricted access... J 'The barrierfree park will be a great asset to everyone in the community, Removing bam.ers al/ows children and adults of aI/ ages and abilities to fullY access their '1 community. It will be a place where grandparents with disabilities or frailties can bring I ~, their children, and adults with disabilities can er!Jqy. " -Pat Murphy, Associate Executive Director United Cerebral Palsy of Palm 1 J Beach and Mid-Coast Counties, rne. ....., ; _J Play without limits... .~~., 'The new facility at Congress Avenue Community Park Wil/ complement nicelY what Palm "I Beach County has a/reaqy provided ~y w~y of accessible recreation to people with disabilities, j Where the County has developed a new facility concentrating on indoor recreation} sports training and art education} this wonderful park wi// provide outdoor unstructured plqy which wi" "1 stimulate the senses and foster creative plqy in an inclusive social environment. " ~j -Joan Hutchinson, Supervisor of Therapeutic Services for Palm Beach County "1 _J Endless fun... I I 'The addition of a bam'erfree plqyground, interactive water p/~y area and a j sensory garden in South County wil/ benifit a// children and gives them many choices! The barrierfree park and bam.erfree plqyground wil/ aI/ow children of a// . ! abilities to plery} socialize} learn and interact with each other. The interactit'e water i ,..j p/~y area lets children cool rff and have fun. The sensory garden wi// stimulate the senses, be educational and an er!Jqyable plery experience for al/!" 1 -Jackie Lambert, Program Coordinator, Therapeutic Recreation, Palm j Beach County Parks and Recreation Department \ i .J The City of Boynton Beach's Boundless Vision Play, Laugh, Live Without Limits 4 .~ < Unlimited learning... "~f children engage in the stimulating em'iromnent ofa bamer-free pic:yground, th~y are able to experience sensory, motor, social, and cognitive skills in varying degrees 0/ difficul!)'. The opportuniry to gain these e>.pen'mceJ in at! tl/lJtructtmd IJ'C:l' allou!J a . , child to progress with learning at hIS or her OU'll pace and mOl)e to t!,e JJext most important thing be or sbe medJ to learn. " -W.K. Kellogg Foundation, "Able to Play: Mobilizing Communities for Children of All Abilities" .,. , Immeasurable bonding experiences... "1 e:xperienced a grou.zl~g enthusiasm as I revieu!ed piansfor tiN Congress AI'{'J!!tI Boundless Plavground alld Park. rr-hat a tremendous project, e.rpecialh' sim! 1/ u'ell integrates the entire communi!)' ,/J it stimulates all the humall sellses/ Sell/OI' adults, and those ~f all generations and abilities, u///! use this beaut~/ul spare. 7~/i/,: concept iJ tmb exciti'J,g and a u!{mderful modelfor other C01JJ1JJ/mitie.r. " - Christine Beatty. :\merican Council on Aging representatlye l Inexhaus.tible joX'" "The equipment prr:Jl!ides such a u!onderful opportunzt)'jor all childrfl/. It /s such a )~y to see the pride in. the/ace of a child u,ho has difficul(l' plc:ying Oll . traditional equipm~nt. J once saU' a young girl pl~yillg JJJith her brotber on a "; boundless pl~yground. She inJomled me that b~fOre tbe plc:yground JPaJ built her br.other had to sit in bzs )Jibeelchair and JPatch elJeryone else plc:r at the j)ark. It 11'as Wi] depressing. NOll' that he is able to plc:v with his peers he has become a happY carefree child like he IPas b~fore he began usin.g a ui/}eelchair. " -Stacy Staebell, Facility Manager II, Therapeutic Recreation, Palm Beach County Parks and Recreation Department '~~fart p~er:: -:;t:i"~ ':~ i" :: "il .,';- .. tni 1--'. ._"~. ~ .", - ': ,-'.~-, ....'" '- cHsa[b~ preverrt:s .......'1 ;:;~ 'T:; '~,_, S ., ,...,.,-,.- .,.." ,_ "", ,.,w~. (-', -' : f;' ....t,::::;::,. " ~p~a'y-gr{)fJ;ri \r~ ." ',,~, .- " '::~l~~'e ~.s :;. '-<on: ::~: ~ I::'!i" ) ""1:= The Citv of Boynton Beach', Boundless Visl< JO Pla\", Laugh, LIve \'{"ithcJut Lam:, -.-.. ~ . - ==.~ - -- - ------ I.,. 4' .,eI -11-;':;tr.. .__u I.. ...e. "',,,,,,.,,.- ,P,.",....". ...".,,?;:.. . P' . . "~""'.~<@'J11 l~'.'!f '.L.. ' .".""~.";i:"'1'n.tc'.;jh,,~liJ ~ J..' "'t,..,.],W'''' ,.;;.'1"J;;"^~'~i;;:{;,;~'>,..>",.,. '~.: ", '.'~!-'C .. J~" ~ f':\ G~~ >!.' Wide Open apport nitie for Barrier-Free Fun. Symbolically, the park is arranged like a small village with the Boundless Center and plazas at its center. A symbolic spring-fed stream implies the importance of water as the source of vitality for village life, and several play "castles" along the edge of the village mark the transition to an agrarian or naturalistic countryside. €";"~''*'~''';' ~" i I ~ ti~~ l~J t;, ';;-. !;V: 5':, &:- ~" il :1 ,I 'I i I I I I f" " Endless Recreational and Therapeutic Activities ) Play Space r-, The play area will be made up of three separate play structures to provide access for different levels of competency. The play areas will be configured so that more than 70% of the playground is n universally accessible to children with physical disabilities. They incorporate sensory rich activities tJ for children with developmental and sensory disabilities, such as cerebral palsy, Down syndrome, iJ autism, hearing and visual impairments, and they include rigor and challenge for all children. 0 Splash Fountain and Palm Court This interactive splash fountain plaza will have spray jets through which the children can run and n play. This feature allows for aquatic fun for children that can not use a conventional swimming pool. Palm Court will be a place for flexible seating under a shady palm canopy with a clear view of LJ the activities in the splash fountain plaza. n ( J ~. .~ Sensory Garden lj This garden will surround visitors with sensory experiences, including plants and other natural 0 elements of various sights, textures, smells and sounds. People with sight disabilities will be able to touch plants with different textures and smell different scents. Wetlands n A wetlands area in the park will provide opportunities to teach and learn about conservation efforts, L. protection of wetlands, and habitats for birds and other wildlife while enjoying the nature of Florida. n ~.l Hobby Boat Pond I " U This pond will offer children and adults, especially those confined to a wheelchair, the opportunity n to expand their physical realm by allovling visitors to sail remote control hobby boats. U Walking Trails Walking trails with, different surface treatment will meander through the park offering visitors n different experiences with every turn of the trail. The trails will go through a variety of landscape L.J including bamboo knolls, upland forests and wetlands creating opportunities for environmental 11 ~ducation. " U Art in Public Spaces Art and sculpture will create thematic features to define the different areas of the park. One such r 1 \ : example will be the use of sculptural features to reinforce the streambed/riverbed theme. U Play Stage ""1 I , ; I A play stage, located on the banks of a pond, will offer visitors the opportunity for cultural l.......J \ exhibitions and children's performances. A grassy slope will provide an amphitheater-like feeling. , . The Boundless Center ' , U This 4,000 square foot center will become the home of the City's therapeutic recreation programs. r 1 While the City makes every effort to integrate people with all abilities into its programs, there is a !I , ' need for programs that reach out to specific disabilities. A dire need exists in Palm Beach County I · u for after-school programs specifically for children with disabilities, which this center can provide. (1, t ; I i U r ~ i The City of Boynton Beach's Boundless Vision Play, Laugh, Live Without Limits 8 U I i I Frequently Asked Questions Q. fl"/lat n:/Jes d.lj(i iel'e/s 0/ dHabi/itles IS tUI jidrk aeJli!!la/ ,10 Li,:,/J!llllloa'a!t:'. A The park will be designed and developed tel accommodate every type of ability regardless of rh:. level of disability and will depend on the caregiver. Elderly individuals \vho are in \vheelchairs ( :1 walkers, or who have difficulties \vith mobility, will be able to enjew the park \vith the help,)f a caregiyer. Grandparents and parents \vho are disabled in une \vay or another can hrinf:': thclr grandchildren to the park. Indi\'iduals of all agcs are expected to use and enle,,' the park. It 1S n, ,T only for children. 0. lFhat kinds o/aetit'z/ies )~'zi/ be offered at the park? A. A wide variety of programs for children, teens, adults and seniors will be developed, includin~ arts and crafts, dance and movement, recreation programs, after-school programs, summer and holiday camps, field trips, social programs, \vheelchair tennis, tltness programs, and gardening. 0. LFhat partners/Jips halle_yotf delle/oped to help Jlfpp0J1 this pro/ect? A. \,\'e are \vorking \vith representatives of agencies that offer services for special needs individu:w,. including the 'United 'Way, United Cerebral Palsy, LJ(JilS Club, American Red Cross, and the Deaf Service Center on the design charette and master plan for the park. O. rr~v does a eit) entity that operates 011 ta.Y dol/an needjimdillf!, Jlfpp0J1? A. The Boynton Beach Community Trust was created to make our City better and stronger than If can be on just tax dollars alone. Through creating a public/private partnership through the Trusl we can reach out to individuals, corporations and fuundations that have the wherewithal to suppon programs \vithout incurring greater tax burdens on (Jur citizens. The City of Boynton Beach has provided $4 million as an in-kind land gift for the park, and has designated $2.5 million to create the Barrier-Free ~layground. The City is providing signitlcant funding for this project, but it simp Iv can't do it alone. ~~." 'Q. Hou' u1zil)!otfjimd park maintenance and opemtion.r:' A. Park maintenance and operations for the Boundless Park has been identified in the Bovntun Beach Recreation and Parks Strategic Plan that addresses development of parks and staftlng needs over the next five years. \"XiTe have alsu designated fund raising opportunities to create an endowment for the park that can be used to fund operations. Q. l.foat is the timingfor building the park? A. \,\'e have already received from the Cir;..' $2.5 million for the first phase of the project, the Barrier-Free Playground, and a $4 million land gift in-kind. With a strong fund raising effort, we hope to raise the majority of remaining funds needed over the next t\velve months, and break ground on the park in late fall 2007. The City of Boynton Beach's Boundless Vision Plav. Laugh, Ln'e W'ith, Jut Llrnl1 ~ -1 Project Budaet and Preliminary Gift Table . , The City of Boynton Beach has developed the budget below for the Boundless Park project. With a $4 million land gift and an additional $2.5 million donation from the City, the campaign has already obtained 43% of the $15 million project cost. The remaining $8.5 million is expected to be raised ,.-. . through the Boynton Beach Community Trust from individuals, corporations and foundations. Boynton Beach Boundless Park Capital Campaign Budget Land $4,000,000 Site Preparation $395,000 ,- .. Utilities $878,000 Boundless Community Center Buildings $2,194,000 Site Structures $912,000 . , Water Features $242,000 Paving $896,000 - . Landscaping $1,537,000 Fixtures $435,000 Recreation Elements $891,000 Public Art $270.000 Total Capital/Land Costs $12,650,000 Endowment $2.350.000 Total Project Cost $15,000,000 City of Boynton Beach Land In-Kind Donation $4.000.000 Campaign Goal $11,000,000 City of Boynton Beach Donation for Playground/Infrastructure $2.500.000 Total Remaining to Be Raised $8,500,000 Boynton B~ach Boundless Park Capital Campaign Gift Table tp Reach $11,000,000 Goal ~::' Number of Gifts Gift Amount Total Cumulative Total % to Goal 1 $2,500,000 $2,500,000 $2,500,000 23% SOLD* 2 $1,000,000 $2,000,000 $4,500,000 41% . , 2 $750,000 $1,500,000 $6,000,000 55% 4 $500,000 $2,000,000 $8,000,000 73% 5 $250,000 $1,250,000 $9,250,000 84% 6 $100,000 $600,000 $9,850,000 90% 8 $50,000 $400,000 $10,250,000 93% 8 $25,000 $200,000 $10,450,000 95% ; 10 $15,000 $150,000 $10,600,000 96% 15 $10,000 $150,000 $10,750,000 98% 25 $5,000 $125,000 $10,875,000 99% - ~ 50 $1,000 $50,000 $10,925,000 99% 100 $500 $50,000 $10,975,000 100% 250 $100 $25,000 $11,000,000 100% *City of Boynton Beach Donation The City of Boynton Beach's Boundless Vision Play, Laugh, Live Without Limits 10 J :~ x HIE';:;: T Meeting Minutes City Commission Boynton Beach, Florida ____.-.-._ _._n.__._ ____________ .. _ August_2~:L~Q!>? Motion Vice Mayor Rodriguez moved to approve Ordinance 07-022. Commissioner Weiland seconded the motion. Mayor Taylor indicated he believed the City Manager provided valuable input and he would hate to see him leave the board, but deferred to his discretion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 07-023 RE: Amending sections 26-9 and 26-34 of the City's Code governing rates for potable water, wastewater and capital facilities charges. City Attorney Cherof read proposed Ordinance 07- 023 by title only. Motion Vice Mayor Rodriguez moved to approve Ordinance 07-023. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: Mayor Taylor announced there was a request to reconsider the formation of a 501(c)(3) as not-for-profit. Vice Mayor Rodriguez indicated he sent a note to staff to put this back on the agenda and he offered a motion to reconsider it. He thought staff worked hard to develop this 26 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 concept that could only lead to good things for the City especially with the taxing situation and the potential reduction of further taxes. He thought implementation of this idea would provide for the ability to apply for dollars that were not previously applied for and would only benefit the citizens of Boynton Beach. Mayor Taylor explained the last time they asked for reconsideration, the motion failed. He deferred to the Attorney if they could reconsider the issue. Attorney Cherof explained because the motion was framed in the negative, the motion to reconsider was appropriate. Mayor Taylor advised he was in favor of the idea with one caveat, which was staff was going to help get this off the ground. They were going to select the committee and bring it back. He thought to keep it clean, they should not be involved at all and they should not select the people. He thought to just let City staff do the ground work and then whoever was selected and the Steering Committee would go from there. Carisse LeJeune, Assistant to the City Manager, explained they already had it in mind to do that. Commissioner McCray questioned why they were going to bring it back after it had been voted down. Vice Mayor Rodriguez explained he sent an email out last week informing the City Manager and the Commission that he would bring this back for reconsideration. Mr. Bressner thought the email was sent on Thursday. Commissioner McKoy explained he had concerns at the last meeting and thought this item could very easily become criticized with the fact the Commission was involved. He explained the Commission directs the City Manager and he directs the staff. Commissioner Weiland explained he was on vacation when this was heard, and he read the emails and news clipping on his Blackberry. He was surprised it did not pass and thought being able to form a nonprofit to go after dollars was a positive thing. He appreciated the Mayor requesting to clean it up and depoliticize it. He thought it was a plus for the City to go after private dollars for public benefit. He appreciated Commissioner McCray's opinion but thought after the newspaper article, he felt it would be put back on the agenda even if the Vice Mayor had not put it on. Woodrow Hay, explained under the normal course of events for a SOl(c)(3), it was just paperwork that needed to be completed. He questioned why the Commission needed to approve it and whether the corporation was independent. 27 Meeting Minutes City Commission Boynton Beach, Florida --_.._.---~._-"---, -_.._~ --.------. August 21, 2007 Mr. Bressner responded there was significant staff work involved with getting the corporation off the ground and the Articles of Incorporation. The issue would return to the Commission to ensure they could use public resources, to a certain extent, when the 501(c)(3) would be approved. He explained one of the issues the 501(c)(3) organization would be focused on, was the Boundless Playground, which is a City project. He clarified once the funding organization was created and they made the determination of what criteria to use, they become a funding vehicle. They needed to get policy direction as to whether or not this was good community wide and whether or not they authorize their work. Mr. Hay questioned whether the 501(c)(3) would be dissolved if not doing a good job. Mr. Bressner responded they could not dissolve it. Mr. Hay served on the CCC (Concerned Citizens Concerned about our Children), which was a 501(c)(3), as the Vice Chair. Don Fenton, 2556 SW 23rd Drive, announced he was a founding director of the Boynton Beach YMCA, and was recently appointed as the Chairman for the Professional Advisory Board for the YMCA Foundation. He advised that in this country there is a remarkable amount of money raised through the private and not public side for charitable organizations. The mission statement of the 501(c)(3) is to work on the Boundless Park. He asked where the basic funding to hire a skilled leader was and about how would they raise money. He asked if there were any partnership outreach made to other 501(c)(3) areas, where there was skilled leadership in the area. He asked if anyone approached anyone to help run the Boundless Playground. Mr. Fenton viewed this initiative as outreach of big government messing with the private side and he questioned the appropriateness of it. He explained he personally donates money to his favorite charities and would not want to donate a dime to a 501(c)(3) that was run by government for government projects. He explained that was his tax write off and there is a trade off. He asked whether government would reduce his taxes commensurately with his donations and what would Boynton Beach do to enhance that write-off. Mr. Bressner explained the reason for establishing the 501(c)(3) originally by the City was to allow it to compete with funding in areas that the City as a governmental entity cannot compete for. There are many other foundations that, as rule, do not make funding available to government and this would open doors for funding that the City is blocked from. He explained the City can compete for some funding, but those opportunities were few and far between. The corporation would be spun off from the City once the Board of Directors was appointed. The corporation serves as a funding vehicle for the Boundless Playground and maybe others. It would open up a wide variety of activities for the betterment of the community. 28 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Mr. Fenton thought the City had the opportunity to raise funds through taxes but thought the City was getting the issues confused. He considered it an invasion of the public sector getting into what was traditionally in the country, a great public enterprise. Vice Mayor Rodriguez explained once established, it was totally independent, and once established, any organization could apply for funds. It was not exclusive and in fact, the City may not get any funds at all. Mr. Bressner explained they were charting new ground. Heb Suss, 1711 Woodfern Drive, explained it was his understanding there was $2.M raised for the Boundless Park. He asked if any monies were taken from the General Fund. Mr. Bressner explained $2.5M was set aside by the City Commission from the Capital Improvement budgets and that was the public investment in that project at this time. The total cost of that project including all phases was anticipated to be $9M and there was a significant funding gap. Mr. Bressner thought they could accomplish more if there were other funding opportunities that were not necessarily tax dollars. Mr. Bressner explained they authorized the planning work and final design on the park facility. There had been limited fund raising activities as far as the contact of potential donors, and they were trying to identify others which would be turned over to the Foundation. Mr. Suss explained he had received some assurances that Commissioner Ensler's name would be part of the park. Mayor Taylor explained that item was not on the agenda. Commissioner McCray inquired when Mr. Bressner was in Tallahassee, whether he was successful in obtaining funding for the measure. Mr. Bressner responded there were no available funds to obtain. Commissioner Weiland seconded the motion. Vice Mayor Rodriguez respectfully requested Commissioner McKoy recuse himself because of his ownership stake in a SOl( c)(3) corporation in Boynton Beach that may potentially compete for these dollars in the future with this new organization. Commissioner McCray disagreed with the request. Vote The motion passed 3-2, (Commissioners McKoy and McCray dissenting.) Commissioner Weiland stated if the norm up until this point was the private sector was the entity seeking dollars to be contributed to different organizations, that was great. He thought it was a good idea to step out of the box and be able raise money for the City of Boynton Beach. 29 Meeting Minutes City Commission Boynton Beach, Florida -----_._---~-- August 21, 2007 Mayor Taylor explained the whole concept was to appoint a board to apply for monies out of reach of the norm. He explained the City may apply for funding and they have some other needs. This would provide an opportunity in the future to have another funding source the people of the City might like to have some day. Commissioner McKoy agreed the City needs organizations and the City needs assistance in seeking funds for projects that will benefit all the residents of the City. He believed in this concept and acknowledged that maybe the concept was something new, but felt the intent of the 501(c)(3) was to be separate and independent from the City and it was very much a part of the City. He indicated he could not support the item. Motion Vice Mayor Rodriguez moved to approve with the adjustment this not come back before Commission and have no involvement in future actions of this 501(c)(3). Commissioner Weiland seconded the motion that passed 3-2, (Commissioners McCray and McKoy dissenting.) XIV. ADJOURNMENT There being no further matters to come before the Commission, the meeting properly adjourned at 8:54 p.m. CITY OF BOYNTON BEACH: Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez ATTEST: Commissioner - Ron Weiland Janet M. Prainito Commissioner - Mack McCray City Clerk Commissioner - Carl McKoy Catherine Cherry-Guberman Recording Secretary (Transcribed from one recording) (08-24-07) 30 Chairman Trustee EXHIBIT D Companies Bethesda Memorial Hospital Commerce Bank ":ompson Associates, Ine Florida Power & Light Co. The Palm Beach Post JMW A Architects 2007 Board of Directors Qairman of the Board September 27, 2007 Devon Coughlan, Elk, ChriStll, & Bakst LLP Mayor Jerry Taylor Chair- Elect 2008 City of Boynton Beach Jim Guilbeault, 100 East Boynton Beach Blvd. Culinan) Solutions, Inc. Boynton Beach, FL 33425 Immediate Past Chair Barbara Barlage, Dear Mayor Taylor, Re/lvfl1x Direct Directors Carole Aronson, The membership of the Boynton Beach Chamber of Commerce is Renaissance Title of tile Palm Beaches concerned about the City's recent initiative to form a non-profit agency Kathlein Ambridge, for the apparent purpose of :filling the gap in City projects and services Exit Realh} created by recent state mandated tax cuts. Tile Destinations Group Buck Buchanan, As the Commission mayor may not be aware, of the Chamber's The Tomorroll' Connectioll over-700 members, there are over 30 non-profit agencies. Most of these Shaun Castillo, agencies deliver services within Boynton Beach and to the benefit of the Sun-Sentinel Boynton Beach community. The services provided by our non-profits Robert D' Angelo, ":ompson Associates, [nc include making food available to the poor, engaging m family Lou Frazer, strengthening, child abuse prevention, providing clothing, school Holidlll} Inn Boynton Beach supplies, shelter and educational opportunities to those who otherwise William Marcacci would not have the opportunity or ability to receive these services. The Cypress Creek COUlltn} Club fact that these services are currently being provided by non-profits Marie Neshe, relieves a substantial burden which otherwise would fall upon the City. JFK Medical Center Tony Newbold, .As is often reflected in the local media, many non-profits Florida Power & Light Co. consistently struggle to raise enough money to support their essential. Rob Silio, operations. With the downturn in the housing market, the ability of non- GRT Ad Ser"Jices Robert B. Taylor, Jr.. profits to raise the money they need to provide essential services is likely Bethesda Memorial Hospital to become even more challenging. The Chamber membership is, Steve Waxelbaum, therefore, very concerned with the City's intent to form a non-profit The Palm Beach Post agency which will directly compete with existing non-profits for limited Maria Werrlein, sponsorship and donor dollars. If the City's efforts, however well- Commerce Bank . intentioned, result in other non-profits not being able to succeed, the Elliott Williams, overall impact on the Boynton Beach community will be a negative one. COJ1lmunications Resol/rce Management, Corp. Weare certainly in favor of the City attempting to alleviate the JamesWilliams, IMINA Architects burdens which may result from a decrease in tax revenue. It may even be Glenn P. J ergensen, appropriate for the City to seek to raise donations for specific and targeted President & CEO projects such as the boundless community park project for children with Greater Boynton Beach disabilities. However, creating a non-profit without specified goals or a Chamber "I Commerce defined mission. statement to act as an ad hoc fundraising entity for the City, while it may sound like a simple solution to the problem of decreased tax revenues, will likely have a far more negative than positive impact upon the greater Boynton Beach community. 639 E. Ocean Ave., Ste. 108, Boynton Beach, FL 334351 (0) 561-732-95011 (F) 561-734-43041 e1 www.bovntonbeach.org I email: Chamber@boyntonbeach.org Page 2 It is, therefore, the position of the Chamber of Commerce that the City should abandon its attempts to establish a non-profit agency under the City's auspices and instead focus its efforts on supporting the many extremely well run and beneficial non-profit agencies that already exist within the City. Regards, Devon Coughlan Glenn Jergensen Board Chair 2007 President & CEO Cc: Vice Mayor Rodriguez Commissioner Weiland Commissioner McKoy Commissioner McCray 639 E. Ocean Ave., Ste. 108, Boynton Beach, FL 334351 www,bovntonbeach.org I email: Chamber@boyntonbeach.org ()1~ 3 J .-U </ v. AOMINlSTRATlVE C,I'1 duz./(. ITEM A. ~Ot'~ ~cc-hJ ~ p; t 10 ~ 1:- ';i~ i (1l , J) , .... ;fi::; , ::0: 00 P- rJ-- 2t 3 ~ i?;'\ '1? ~ lfl#t. /'2" L, ~11"-'1 f)oI'-i1"~ ~ Dld-! ----------------------------- ~ jL,;y'y01 J I ~J ILi~ '1 &~ &J" "}'~,, -7" ./'I :1rY' plB G t.-- ..)--1 11 J-nGf P-fYJ h f+ v-c.., ~D /~~{ ]'l' L" /~~IIJ ~ b~ l:t IU ?fal~ u/J ~ I ff) ?J.-) v s ' ":,0' ~l"" ~cL( ". &'-p^, J:JcJo J1:P jlO(L,-rL. ,J-,~j)- 61J 61 ~v-D 3?><./-?fi ,Oir v'" V. ADMINISTRATIVE ITEM B. APPLICANT ELIGIBLE FOR APPOINTMENT 8/19/08 Last Name First 1st Choice 2nd Choice 3rd Choice Name Dwork Jonathan Planninq & Dev. Bd. Caudell Scott Police Officers' Retirement Trust Fund Grace Joyce Arts Commission Norfus Victor Planninq & Dev Bd. Rodriguez Luis Education & Youth Adv. Bd. (STUDENT) Timm H. Warren Planninq & Dev Bd. ALTERNATES AVAILABLE FOR REGULAR APPOINTMENTS PRESENT POSITION MEMBER NAME NAME OF BOARD ON BOARD Jamie LaTour Code Compliance Board Alternate S:\CC\WP\BOARDS\APPMENTS\Board Year 200B\Applicants Eligible for Appointment B 19 OB.doc 1 VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Connnission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office IZI August 19,2008 August 4. 2008 (Noon) D October 21 , 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5. 2008 October 20, 2008 (Noon) D September 16, 2008 September 2, 2008 (Noon) D November 18, 2008 November 3,2008 (Noon) D October 7, 2008 September 15,2008 (Noon) D December 2, 2008 November 17, 2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM IZI Consent Agenda D Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: A motion to piggyback the Palm Beach County Bid #08-060/CB awarded on June 20, 2008 for one year to Allied Universal Corporation to purchase bulk Sodium Hypochlorite (Liquid Chlorine). The total estimated annual expenditure is $179,670.00. EXPLANATION: On June 20, 2008, Palm Beach County awarded a bid to purchase bulk Sodium Hypochlorite to Allied Universal Corporation. Sodium Hypochlorite (Liquid Chlorine) is critical to our water treatment process as it is used as a disinfectant. Allied Universal has provided us with this chemical in the past and has performed satisfactorily. KofI Boateng concurs with this recommendation (see attached memo #08-57). PROGRAM IMPACT: The purpose of piggybacking this bid is to secure a source to provide the best quality liquid chlorine at the most economical price for the West Water Treatment Plant. Liquid Chlorine is used for the disinfection of drinking water. This product will be used until chlorine generators are approved to be put into service. FISCAL IMP ACT: Budget Account - 401-2811-536-52-28 Estimated Annual Expenditure - $179, 670 (reduced due to chlorine generators coming online). ALTERNATIVES: This product will no longer be needed when the chlorine generators are approved by the Health Department and the City of Boynton Beach Utilities Department, therefore reducing Expenditure this years budget. The chlorine generators use salt and electricity to produce chlorine. 2007-2098 M Yea< Exponditure, $281,563.27 ,./: '. '-L ~ II ;_~~._ -<-... ~ 1t:Y~ Ir I< 11..t-, . t) -- . Department Head's SIgnature City Manager's Signature ~- Ass;,tant to City 7/<' ~ c q/n $'I' Ity Att ey Fmance 'B ~~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Memorandum Utilities # 08-57 To: Carol Doppler Purchasing Agent of Financial Services From: Kofi Boateng Utilities Director Date: July 1, 2008 Subject: Sodium Hypochlorite (Liquid Chlorine) Palm Beach County Bid # 08-060/CB Sodium Hypochlorite (Liquid Chlorine) is used at the West Water Treatment Plant for disinfecting drinking water for Public Safety and to meet State and Federal Requirements. This product will be used until we are able to run our chlorine generators. The current bid with Allied Universal Corporation to purchase chlorine does not include liquid chlorine, only chlorine gas. We recommend piggy-backing the Palm Beach County Bid #08-060/CB awarded on June 20, 2008 for one year to Allied Universal Corporation. We are using Allied Universal Corporation for other purchases (chlorine gas & sodium hydroxide) and they provided a good product with average service. We anticipate using 70,000 gallons of product from now until October 1, 2008 and 195,000 gallons from October 1, 2008 until the bid runs out on June 19, 2009. This is a total of 265,000 gallons at $0.678 per gallon equals $179,670 per the bid's term. Please place this item on the next city commission agenda to approve the piggy- back bid from Palm Beach County for $50,000 dollars for Sodium Hypochlorite (Liquid Chlorine) for this budget year and $180,000 for the total bid purchase to Allied Universal Corporation. These funds are available in account number 401- 2811-536-5228 in the 2007/2008 and the 2008/2009 budgets. If you have any questions, please contact Bevis Pigott at 742-6420 or Dave Ailstock at 742-6953. xc: Michael Low, Barbara Conboy, Bevis Pigott, Dave Ailstock & File Form L May 6, 2008 Allied Universal Corp. Catherine GulJlarmod, Executive Administrator Purcbasing Department 3901 N.W. 115 Ave. 50 South Miliary Trail, Suite 110 Miami, FL 33178 West Palm Beach, Fl. :53415-3199 Dear Vendor: RE: TERM CONTRACT #:08060 (561) 616-6800 FAX: (561) 616-6811 www.pbcgov.comlpur This is to inform you that Palm Beach County Board of County Commissioners is entering into a Term Contract with your company for Sodium Hvoochlorite. Purchase and Deliverv. Various Locations based on: . IX J BID/REQUEST FOR QUOTATION (RFQ) #~ 08-060/CB [ ] RENEWAL OF CONTRACT based on BID/RFQ #: ' in accordance Palm. 80ach County with all original terms, conditions, specifications and prices with no deviation. Board of CMmty Commissioners [ I RENEWAL OF CONTRACT based on BrDJRFQ #: to include a Addie 1. Greene, Chairperson .t. increase in unit prlce(s) b.sed on term and condition *--:, Jeff Koons, Vice Chair [ ] EXTENSION OF CONTRACT based on BID/RFQ #: Karen T. Marcus I ] SOLE SOURCE CONTRACT '1#: Robert J. !<anjian Vendor shall notify Purchasing Immediately If the sole source status chang... Mary MCCarty The term of this contract is 6/20/08 through 6/19/09 . The estimated dollar value is $1.766.202. . Burt Aaronson Jess R. Santamaria The obligations of Palm Beach County under this contract are subject to the avallablllty of funds Jawfu lIy appropriated for Its purpose by the State of Florida and the Board of County Commissioners. Palm Beach County Departments will Issue Individual hard copy orders against this County Ad.nainbtl'atur contract as your authorization to deliver. All Invoices must reference a unique document number (e.g. CPO/DO 680 XY03030500000000001111 or CPO/DO 680 R.obert weisman XY030305*1111). Failure to provide an order number with each invoice will result in a delay in processing payment. If you have any questions, please contact Cindy Brewer at (561 )616-6814 . Sincerely, ~cww- -.in /!qual opportunit)' athleen M. Scarlett ~rfw Ar:tion .6mployr. Director c: Vernetha Green, Water Utilities File @ prinI8d 01/ recycI6d papr ~12 ~ ' , t ".~ ..~~,,~:"": :';~r"'~~1~~-;; ::.. t:' ~ ". f:,( ~ '. ~.. f .' ._ ....... ~ _,I. ~' '.~ -. -.... .......... .~,II~~ . . :~......... -'. ". ~....,..:; . ~ ".,... .... ': .... n, f",;-"" . ' _ .'~" ,";., ,.... ~ . . , ..... . ,~,.llWIII.If~ flfIt", .;"ii1iB'..... ", _iL,~ :. "'~~ . "Mv--".t;: . ..... ,. '.., ' .. ',..' ".:. ,'" - . ..... , ~.,.~..- '..;J~:.'.:. . ./:a$.~ .". , . . ....;,.....~, .~~, ..~,. .1~~....... .... , ,.,.' '1Sii1IIn' .' ~.. ',..C...,. ..,~..' : _."."t:J:t,~i,.<.,:'::;.. .~.~ . . .-.. ". .:'. : :.,' -: ... . :.':'..~"'-fj" . .- ~ . ,', . ... ..J., .' '. : :.~' .' '. .~..:." . .:.:',. .,.. t .~'~::. .:;~. 1SS11iM'::r-~~.~1'f"n": ", .'. ... ,.... ",. ,.n, ,'.,'." "",,~~,~'lt.,...;f'~ .. *.118 ,', 2:1;1. '110 .~' '. ~..".,.<,..." ",.......' ", '. iol.... ;". " .". ~ !O<""', ,..:..:; ."''''''':~;J. '. ;". ~ . ' . '. ' - 1"" :~. ~~~:~,::i,=! . ."....".,... '. ........... ", ... ....,.,.,... .......j""..... . ,...." ",,,, ,. ,. ..,'. ,..... ,<.,.,. . .."...,...... '" .,. . , '. ~~:~~..r.J.J~;w.."JJfM.~.~h~._:lWlt'....I.hiLr..II?"~ ,~. ~.'.,,' ...... :i', . ;......~: ,..:.~l~.,.;;A...~'~ . ~ ~.""...~ -~~iI:~. .~ '1e,"~.' ZH:~ ~a. '. ,.. .. '~;. .~ ~."-lL';I: ~~-t .~ . ilM:iiIiF~ _~m ;~J~. . ~~: ~i6_ ,~n.J~.Bi~ I .\_~" '.'," .~i.-,..,..._..'m_1;~. ..........., ,,; .!,......:.,.,.:~.......~>..:. :;'l'~j l. '~)'.~~ 5.Ml6ii: :M~'t.i~if~ . .. '~8iIlJaE. "1 i:~tt ~ '~f.;\~, .,..\t.r:)i ........ . . ", 0".' .', ,:IIIr'....:~.~; " ." . ..~; . . . '.. . . I . ~;.... '." . _, .... ," ~.. - ","-. ..'1...... ,.. . ...,__ ._ .,.'" .', - '! .;:!:~. '~""" .... ....... ~~,... ", - .,' ," ."..~ '-.- :-- -, :.' . . ~ - ':_N.,.~. ':'-, .'~.. '. .....-:.. I '. . ........ ::.' :,.,: ::._.' _',"._" "' . .........: . _ _. '-" . ".._. ""..... ,..... ..^'_ _'~ _ ._.' _. ~ I. -.'... .. . . ..' . , .."" .' ..... ..... '.,',...' ~. - . . 1 . ' BID RE-cAi ,EEl arm f BID #: OS.()t10ICB T1TlE: Sodium Hypochlorite, Purchase .nd Delivery (Various Locations), Term Contnlct BUYER: Cindy Brewer ACTION DATE INITIALS ACTION INITIALS BID OPENED 3127108 CBlNG BID POSTED IN PURCHASING POSTING APPROVED M . POSTING REMOVED COPY TO BUYER ASSISTANT FOR 1-1/3/0'0 '=iG copy TO OSSA AND DEPARTMENT POSTING ON INTERNET KEY(S) FOR RECOMMENDATION: (PLEASE NOTE YOUR RECOMMENDATION BELOW) PREFERENCE CODES: (1) RECOMMENDED AWNm . LOWEST RESPONSIVE AND RESPONSIBLE BIDDER MEETING SPECIFICATIONS "LP' · l.OCAL PREFERENCE (lS%) (2) 1m AWARD, RESPONSIVE AND RESPONSIBLE, BUT NOT LOWEST BIDDER MEETING SPECIFlCATlONS "SHE' .. SBE RANKING (10%) (3) NO. AWARD, NOT RESPONSIVE AND/OR RESPONSIBLE 10 BID "NO LP" · MARnN CO . NO "LP' APPLED (4) NOT EVALUATED ITEM #1 Tanker Load STEP 1 STEP 2 LlaT BIDDERS FROM OFFER AFTER UST BIDDERS FROM TOTAL OFFER IF PREFERENCE LOWEST 10 HIGHEST PREFERENCE IF PREFERENCE AWARD LOWEST TO HIGHEST MaiD NOTE: "loP" AFTER HAS BEEN NOTE: "LP" RECOMMENDATION AND/OR "SBE" PREFERENCE HAS APPUED ANDlOR "SBE" "KEY" ONLY BEEN APPUED (BEE ABOVE) Allied Universal Corp. $1,739,070. Allied Universal Corp. $1,739,070. ( 1 ) Odyssey. Manufacturing Company $1.923.750. Odyssey Manufacturing Company $1,923,750. ( 2 ) ITEM #2 Less Than Tanker Load (LTL) STEP 1 STEP 2 UST BIDDERS FROM OFFER AFTER LIST BIDDERS FROM TOTAL OFFER If PREFERENCE lOWEST 10 HIGHEST PREfeRENCE IF AWARD LOWEST TO HIGHEST AS BID NOTE: "LP" AFTER HAS BEEN PREFERENCE RECOMMENDATION AND/OR "SBE" PREFERENCE HAS APPLIED NOTE: .LP" "KEY" ONLY BEEN APPLIED AND/OR "SBE' (SEe ABOVE) Allied Universal Corp. $27.132. Allied Universal Corp. $27,132. ( 1 ) Odyssey Manufacturing Company $28,900. Odyssey Manufach.ri,:,g Company $28,900. ( 2 ) I REMARKS: PUR '98 APR 3 P" ~14 I PUR '08 RPR 11 AI1 9:31 Board of County Commissioners County Administrator Addie L. Greene, Chairperson Robert Weismar Jeff Koons, Vice Chair Karen T. Marcus Robert J. Kanjlan Mary McCarty Purchasing Department Burt Aaronson Jess R. Santamaria www.pbcgov.com/pur BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICIT A liON BID #OS..o60/CB SODIUM HYPOCHLORITE, PURCHASE AND DELIVERY (VARIOUS LOCATIONS), TERM CONTRACT BID OPENING DATE: MARCH 27. 2008 AT 2:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department (561) 616-6800. It is requested that all bids be submitted in triplicate, one original and two copies. BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Call Bid Hotline number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655- 4527 (from Dade County) or tune in to the Education and Government Television Cabie Channel for a list of additional advertised "Invitations for Bid" and "Requests for Proposal". The Bid Hotline also provides updates on posted award recommendations. This same information, to include posted award information, is available on our web site www.pbcgov.com/pur. Protests can be accepted only during the five (5) business day posting period. CAUTION Amendments to this Invitation for Bid will be automatically sent only to those vendors who received this document directly from Palm Beach County Purchasing Department. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid package not purchased directly from Palm Beach County Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate tormat. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 << Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID BID NO: 08-060/CB 8[0 TITLE: Sodium Hypochlorite. Purchase and Delivery (Various Locations), Tenn Contract PURCHASING DEPARTMENT CONTACT: Cindy Brewer, Senior Buyer. TELEPHONE NO.: 561-616-6814 FAX NO.: 561-242-6714 EMAIL ADDRESS: cbrewer@co.pelm-beach.fJ.us All bid responses must be received on or before March 27 , 2008 , prior to 2:00 p.m., Palm Beach County local time, at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415-3199. This Invitation for Bid, General Conditions. Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments flf issued), and/or any other referenced document form a part of this bid solicitation and response thereto. and by reference are made a part thereof. The selected awardee shall be bound by aB terms, conditions and requirements In these documents. PURPOSE AND EFFECT: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein. The selected awardee Is hereby placed on notice that acceptance of Its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION bidder and Palm Beach County for any terms and condltions not speclflcaUy stated In the InvJtation for BId. Bidders are advised that this package conslitutas the complete set of specifications, tenns, and conditions which forms the binding contract b. DISCRlMINAnON PROHIBITED: Palm Beach County Is commIted between Palm Beach County and the successful bidder. Changes to this to assIJ'Ing equal 'opportunity in the award of contracts and ccmp&es Invitation for bid may be made 2!J!l by written amendment Issued by the with all laws prohibiting discrimnation. The successful bidder is County Purdlaslng Depar1ment. Bidders are further advised 10 c106~ proliblled from dlscr1rn1nat1ng against any employee, appticant, or examine every section of this document, to ensure that aD sequentialy client because of race. color. religion, disability. sex. age, national numbered pages are present, and 10 ensure that It Is fully unders1OOd. origin, ancestly, marital status, or sexual orientation. Queslfons or requests for explanations or i'Ilerprelatlons of this document must be submitted to the Purchasing Department contact In wrillna In c. INDEPENDENT CONTRACTOR RELATIONSHIP: The &UCC8SSfu1 su1Ilcient time 10 perrnrt a written response and. If required, win be provided bidder Is. and shall be, In the performance c:J all work, services. and to all prospective bldders, prior to bid opening. Oral explanations or acllllities under this Contract, an Independent Contractor and not llI'I instructions given by any County agent are nat binding and should nol be employee, agent, or servant of the COUNTY. All persons engaged In inlerpreted as altering any provision of this document Bidder certifies that any of the work or services performed pursuant to this Contract lShalf at this bid is made without reliance on IIny oral representations made by the 1111 times, and In aU places. be subject to the su~1 bidder's sole County. direction, supeMsIon. and control. The sU0C8S8ful bidder shall exercise conIroI O'IIW the means and manner In which It and Its The obligations of Palm Beacl'l County under this award are subject to the employees perform the work, and in all respects the sua:essfuJ availability of funds lawfully appropriated for lis purpose. bidder's relationship, and the reJatlonSl'llp of Its employees, to the COUNTY shall be that of an Independent Contractor and not as 2. LEGAL REQUIREMENTS employees or agenls of the COUNTY. a. COMPUANCE WITH LAWS AND CODES: Federal, Stale, County d. CRlMtNAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to and local laws, ordinances, rules and regulations that In any manner OrdInance 2003-030, the Palm Beach County Criminal History affect the Items covered herein apply. Lack of knowledge by the Recorda Check Ordinance iOrdinance"), the County shall conduct bidder shall in no way be a cause for relief from responslbHIty. The fingerprint based crlmlnal history record checks on all persons not suCCl!l8Sful bidder shall strictly comply with Federal, Slate and local employed by the County who repair, deliver, or provide goods or building and safety codes. Equipment shal meet al State and Federal services for, to, or on behalf of the County. A. fingerprint based Safety regulations. Bidder certifies thai all products (materials. criminal hIstory record check shall be conducted on aD employees and equipment, processes, or other Items supplied In response to Iftls bid) subcontractors of vendors, Including r&paIr persona and delivery contained In i18 bid meets all ANSI. NFPA and all ather Federal and persons, who are unescorted when entaring a faclIity determined to be Slate requirements. Bidder further certlfles that, If It Is the successful critical 10 the publiC safety and security of the County. County facilities bidder, and the product delivered Is subsequently found to be deficient that require this heightened level of security are Identified in Resolution in any of Itte aforementioned requirements In effect on dale of deliWI)', R-2003-1274. as may be amlll1decl. The bidder Is solely responsible all costs necessary to bring lITe product Into compliance shall be bome for understanding the financial, schedule, and stating Impicatlons of by the bidder. this Ordinance. Further, the bidder acknowledges lhat Its bid price Includes any and al direct or indirect costs associated wiltt compliance In compliance with Chapter 442. Aotlda Statutes, Bny taxIc substance of this Ordinance, except for the applicable FDLElFBI fees that shaU resulting from this bid shall be accompanied by a properly completed be paid by the County. Malerial Safety Data Sheet (MSDS). 8. PUBLIC ENTITY CRIMES: F.S. 281.133 requires Palm Beach County The Unlfonn Commercial Code (Florida Statutes, Chapter 672) shall to notify all bidden! of the following: "A person or afIlllata who has been prevail as the basis for contractual obligations between the successful placed on the convicted vendor list foDowing a conviction for a publiC entity alme may not submit a bid on a contract with a public entity for the construclton or repair of a publie bulldll1g or public work, may not Page 3 submit bids on leases of real property to a public entity. may not be resultant contract shaU be held in Palm Beach County and the awarded or perform work as a contractor. supplier, subcontractor. or contractual obligations shall be interpreted according to the laws of consultant under a contract \lAth any pUblic entity, and may not Florida. transact business 'INIth any public entity in excess of the threshold amount provided in F.$. 287.017 for CATEGORY TWO for a period of m. LEGAL EXPENSES: The County shall not be liable to a bidder for 36 months from the date of being placed on the convicted vendor list." any legal fees, court oasts, or other legal expenses arising from the interpretation or enforcement of this contract, or from any other matter f. NON-cou..uSION: Bidder certifies thai it has entered inlo no generated by or relating to this contract. agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more 3. BID SUBMISSION bidders over other bidders. Conviction for the Commission of any fraud or act of collusion ln conllection with any sale, bid, quotation, a. SUBMISSION OF RESPONSES: All bid responses must be proposal or other act incident to doing business with Palm Beach submitted on the provided Invitation for Bid '"Response" Form. County may result In pennanent qebarment Bid responses on vendor letterheadlqlKltation forms shall not be accepted. Rqponses must be typewritten or wntt.n in ink, and No premiums, rebates or gratuities are permitted; either with, prior to must be signed in Ink by an agent of the company having authority to or after any delivery of material or provision of services. Any such bind the company or firm. FAILURE TO SIGN THE BID RESPONSE violation may result in award cancellation, return of materials, FORM AT n1E INDICATED PLACES SHALl. BE CAUSE FOR discontinuation of services, removal from the vendor bid list(s). and/or REJECTION OF lHE BID. Bid responses are 10 be submitted to the debarment or suspension from dolng business with Palm Beach Palm Beach County Purchasing Department no later than the lime County. indica*, on the solicitation preamble, and must be submitted In a sealed envelope or container. which should have the enclosed g. ~QBBYlNG: Bidders are advised that the "Palm Beach County address label afIlxed and bearing the bid number. lobbyist Registration OrdInance" prohibits a bidder or anyone representing the bidder from communicating with any County b. CERTIFICATIONS. UCENSES AND PERMITS: Unless otherwise Commissioner, County Commissioner's staff. or any employee directed in sub-paragraph d. (Loc:al PreFeRlnca) or the Special authorized to act on behalf of the Commission to award a particular Conditions of this bid. bidder should Include with its bid a copy of aU contract regarding Its bid. i.e., a "Cone of Silence", applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Con.struction Industry licensing Board In the The "Cone of SUence" is In effect from \he datelllme of the deadline for name of the bidder shown on the bid response page. It shal also be submission r:A the bid, and term/nates at the time that the Board of the responsibility of the successful bldder to submit, prior to County Commissioners, or a County Department authorized to act on commenc:emerrt of YwOrk, a current OCC\Jpational License for Palm their behalf, awards or approves a contract, rejects all bids, or Beach County and all permils required to comple19 this contractual otherwise takes action which ends the solicitation process. service at no additional cost 10 Palm Beach County. A Palm Beach County Occupational lioense is required unless specifically exempted Bidders may, however. contact any County Commissioner, County by law, In lieI.l of a Palm Beach County occupational license. the Commissioner's staff, or any employee authorized to act on behalf of bidder should Include the current occupational license issued to tht the Commission to award a particular conlJaet, via written bidder in the responae. It Is the responsibility of the successful blddel communication I.e., facsimile, e--mail or U.S. mall. 10 ensure that all raqulred c:ertlfications, licenses and permits are maintained in force and current throughout the 1erm of the contract VIOlations of the "Cone of Silence" are punishable by a fine of $250.00 Fagure to meet this requirement shaft be considered default of per violation. contract h. CONFLICT OF INTEREST: AU bidders shall disclose with their bid the c. SBe BID DOCUMENT LANGUAGE name of any officer, d~, or agent who Is also an employee or a relative of an employee of Palm Beach County. Further, all bidders Item 1 . Policv shall disclose the name of any County employee or relative of a County employee who owns. directly or indirectly. an Inwrest of ten It is the polley of the Board of County Commissioners of Palm Beach percent or more In the bidder's linn or any of Its branches. County. Florida, that SBE(s) have the maximum pradical OPPOrtunity to participate In the competitive process of supplying goods and i. SUCCESSORS AND ASSIGNS: The County and the successful services to the County. To that end, the Board of County bidder eact1 binds Itself and Its succ:es&OlS and assigns to the other Commissioners established Ordinance No. 2002-064, 1MI1ch sets forth party in respect to aU provisions of this Contract. Neither the County the County's requirements for the SBe program, and are incorpOl'8I8d nor the suooessful bidder shall assign. sublet. conveyor transfer Its in this solicitation. CompUance with the requir8ments contained in this interest in this Contract without the prior wrItIen consent of the other. section shall result in a bidder being deemed responsive to SBE requirements. The provisions r:A 11115 Ordinance are applicable to this j. INDEMNIFICADON: Regardless of the CO'oIerage provided by any solicitation, and shall have precedence over the provisions of this insurance, the suCCOllSfuI bidder shall indemnify, save hannless and solidtation in the event of a conflict. defend the County, its agents, servants, or employees from and against any and all claims, IlabUity, losses and/or causes of action Although preferenoes will not be extended to c:ertilied MlWBEs, unless which may arise from any negligent act or omission of the successful OthelWiS8 provided by law, businesses eligible for certification as an bidder, its 8ubcontractcls, agents, servants or employees during the MlWBE are encouraged to maintakl their certification In order to assist course of perfaTning services or caused by !he goodS provided In the tracking of M/WBE avallablUty and awards of contracts to pursuant to theM bid documents and/or resultant conlJact. MIWBEs, This information Is vital to detennining whether race and gender neutral programs assist MlWBE firms or whether race and k. PUBLIC RECORDS: Arly material submitted in response to this gender preferences are necessary In order to addre5s any continued invltation for bid Is considered a public document in aa:ordance with discrimination In the market SecUon 119.07, F.$. This includes material which the responding bidder might consider to be confidential or a trade secret Any claim of Item 2 . SBE Goals confidentialty is waived upon submission. effective after opening pursuant to Section 119.07, F.S. The County has established a minimum gosl of 15% SBe participatiOl' for all County solicitations. This goal is a minimum, and no r04..IIldi(lb I. INCORPORAOON. PRECEDENCE. JURISDICTION: This Invitation shall be accepted. for Bid shall be Included and incorporated In the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response. and purchase order or term contract order. Arly and all legal action lleC9SSary to enforce the award or the Page 4 Item 3 - Rankina of ResDOnsive Bidders decertified or whose c;ertlfloation has explrud after a contract award date or durtng the pelformance of the contract. Bidcklrs who meet the see goal shall be deemed to be responsive to the sae requirement When evaluating competltive bids of up b:l one 6.4 The County or Prime may CCMlt toward its see goal a POrtion of mlll10n dollars ($1,000.000) In which the apparent low bidder Is the total dollar value of a contract with a joint venture. ellglb6e ~der determined to be non-responsive to the see requirement, the contract the standards for certification, equllll to the perc:enlage of the shaH be awarded to the low bidder responsive to the SBe Alqulrement, ownership and control of the SSE pamer In the joint venture. or. In the event there are no bldd9f'8 responsive 10 the SeE requirement. to the bidder with the greatsst SBe participation in 6.5 The County or PrIme rmay oount toward its s8E goal the entiAt excess of seven percent (7%) partldpation, as long as the bid does not expenditures for materials and equipment purchased by an SBE exceed the low bid amount by ten percent (10%). subcontractor, provided that the SSE subcontractor has the responslbUity for the Installation of the purchased materials and In cases wheAt the low bid exceeds one million dollars ($1.000,000), equipment. the contract. shall be awarded to the low bidder responsive to the SeE requirements, or, In the 8V8nt there aAl no bidders responsive to the 6.6 The County or Prime may count the entire expenditure to an sse requirements, to the bidder with the greatest SSE pal'llclpatlon in SBE manufactJ.nr (I.e.. a supplier that prodU<:8S goods from raw excess of sewn percent (7%) participation. provided that such bid materials or substantially alters the goods before resale). does not exceed the low bid olherwlse responsive to ltIe bid requirements by more than one hundred thousand dollars ($100,000) 6.7 The County or Prime may count sixty percent (60%) of its plus three percent (3%) of the lDIaI bid in excess of one million dollars expenditure to SBE suppliers that are not manufaCbJrers. ($1.000,000). 6.8 The Col.l'lty or Prtme may count toward Its sse goal second and Item 4 . Bid Submission Documentation third tiered see suboontractora. provided that tile Priine Identifies the SSE subcontradors as second and third tier subs In their bid SSE blddets. bidding as prine contractors, are advised that they must submittal. complete Schedule 1 listing the wor1< tel be performed by their own workforce as wetl as the work to be performed by any SSE or MWSE bm 7 - Re8oonlllblRtl.. After Contract Award subcontractor. Failure to Include this information on ScheWIe 1 will result in the participation by the SSE prime bidders own workforce All bidders hereby assure that they shall meet the SBe participation NOT being counted towards meeting the SBE goal. This requnment percentages S\Ibm1tt8d In thelr respecIlve bids 'll'ith the apples even If the SBE oonb'actor Intends to perform 100% of tho 8ubconlractors contained on Schedules 1 & 2 and at the dollar values work with their own WOl1<force. Bidders are required to submit with specified. BIdders agree to provide any additional information their bid the approprlate SBE-MJWBE Schedules in order to be requested by the County to substantiate participallon. deemed responsive to the SSE requirements. SBE-MlWBE documentation to be submitted Is as foICJWS: The sucoesaful bidder shall submit an SBE-MlWBE AcIlvity Form (Schedule 3) and SBe-MM'BE Payment Cet1ificatlon Forms SctnKlule 1 . List of Proooaed SBE and MIWBE Prime (Schedule 4) with each payment application. Failure to provide these Subcontractors forms may result In a delay In processing payment or disapproval of the Invoice untI they are $Ubmlbd. The SBE-WNBE ActIvIty Form This list shall contain the namea of all seE and MlWBE subcontractors Is to be iliad out by the Prime Contractor and the SBE-MtWBE Intended to be used In performance of the contract, If awarded. The Payment CerUflcallon FDmIll are to be executed by the SBe or type 01 work to be performed by each subcontractor and the dollar Iv1IWBE firm to verify receipt of payment value or percentage shan also be specl1ied. ThIs schedule shall al80 be used if an SeE prime bidder Is utilizing AN( subcontractors. Item 8 . SBE SubstltuUons Schedulellll 2 . Letbtrls' of Intent to Perform as an SBE or Attar contract award, the successful bidder shan only be permitted to MlWBE SUbcontractor replllC8 a certified sBE subcontractor Vtotlo is unwilling or unablo to perform. Such 8UbetlIuUon must be done wittl other cerlified S8Ea in One Schedule 2 for each SBE and MlWBE Subcon1ractor listed on order 10 maintain the SBe percentages submlttflcl 'll'ith the bid. Schedule 1 shall be completed and executed by the proposed SBE Requests far substitutions must be submitted to the Deparhent and MlWBE Subcontractor. AddItional copies may be made as Issuing the bid and the O$BA. needed. Nots: Where there Is a conflict between the Local Preference Item 5 - SBE Certification Ordinance and the SBE OrdInance, lie SBe OrdInance shall prevail. Only those firms certified by Pam Beach County at the time of bid d. LOCAL PREFERENCE: In ac:ccWance with the Palm Beach County opening shaa be counted toward the established SBE goals. Upon Loc::al Preference Ordinance. a preference will be given to bidders receipt of a complete applicatlon, IT TAKES UP TO SIX1Y (60) who have a permanent place of business In Palm Beach CoIIlty and DAYS TO BECONE CER11FJED AS AN SBE WITH PALM BEACH who hold a valid occupational Hcense issued by Ihe County that COUNTY. It Is the responsIbDlty of the bidder to confirm the authorizes the bidder to provide the goocis or services to be certification of any proposed seE; therefore, It Is recommended that purd1aaed. Local preference means that if the lowest IMpon9Ive, bidders contact the O$BA lit (561) 616-684010 verify certification. respon8ible bidder Is a regional or non-local business, then aD bids received from f9SponsIYe, responsible local bidders are decreased by Item 6 - Counting SSE Partle_fio" land MJWBE Partlcloatlon 5%. The or\glnal bid amount Is not changed; the 5% decrease Is for Tracktna Puroos..l calculated only far the purposes d determining local preference. To receive a local preference. a bidder mllSt have a permanant place of 6.1 Once a tlnn Is determined to be an eligible SBE according to the business In existence m to the County's isalance ofthia Notice of Palm Beach County certlllcation procedures. the County or the Prime SolidtaUonllnvltation for BId. Prior to the County's Issuance means may count toward Its SBE pis only that portion of the total dollar the dale that tf1e NoIIoe of SolcltationJlnvltaUon for Bid was value of a contract performed by the SBE. advertised In the Palm Beach Post A permanent place of business means that the blddet's headquartel1l Is Iocafed In Palm Beach 6.2 The total dollar value of a contract. with an eligible SBe may be County; or. the bidder hM a permanent office or other slle In Palm counted toward the goal. Beach County where the bidder wlU produoe a suDstantial portion of the goods or aerviC88 to be purchased. A valid OCCIJpallonal Ucenslt 6.3 The County may count toward Its SSE goals the total value of a Issued by the Palm Beach County Tax Collector shell be used to contract awarded to an eligible sse linn that subsequenUy Is verify that the bidder had a permanent place of business prior to the issuance of Ihls Notice of soIicitaUonJInvltation for Bid. A Palm Page 5 Beach County Occupatiol'lal Dcense is required unless specificany exempted by law. In lieu of a Palm Beach County occupational Palm Beach County reserves the right to reject any offer or bid if the license, the bidder shaD indude the cunent occupational license prices for any line items or subline 1tell1$ are matertally unbalance< issued to the bidder in the response. Please note that the bid An offer Is materially unbalanced if it is mathematically unbalanceo, slJbmitted to Palm Beach County must be from all address located and if there Is reason to believe that the offer would m2t result in the mlt!iD Palm Beach County in order for local preference to apply. The lowest OII9t'aU cost to the County, even though It Is ttw lowest bidder must submit the attached "CertIfication of Business Location" evaluated offer. Iv1 offer is mathemaUcally unbalanced If it is based on at the time of bid submission. Failure to slJbmit this information shall prices which are significantly less than fafr market price for some bid cause the bIdder to mt receive a local preference. Palm Beactr line Item iillt slgnlllcanlly gtester than faJ1 mart<:et prfce for other bid County may require a bidder to provide additional information for line items. Fair market price shaH be determined based on industry clarificalion purposes at any time prior to the award of the contract standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line Items e. DRUG FREE WORKPlACE CERnFICATION: In compliance with may be obtained In the market place. The determination of whether a Florida Statute (Section 287.087) Btlached form -Drug-Free Woriqllace par1k:ular offer or bid Is materially unbalanced shall be made in Wliting Cerliticatlon" should be fully executed and submitted with bid response by the Purchasing DIrector, citing the basis for the determination. in order to be considered for a preference whenever two (2) or mote bids which are equal wfth respect to price. quality, and service are j. NON.EXCLUSIVE: The County reserves the right to acquire some Of l'S<leivecl by Palm Beach County. all of these goods and services through a State of Florida contract CONDlnONED OFFERfi: Bidders are cautioned that any condition. under the provisions of Section 287.042, Florida Statutes. provided the f. Slale of Florida oonlract offers a lower price for lt1e aame goods and quaUfIcation, provision, or comment in their bid, or in other services. This reservallon applies both to the Initial award of this correspondence transmitted with their bid, which in any way modifies, solicitation and to acquisition after a term contract may be awarded. takes exception to, or is inconslstent with the speQflcallons. AddlllonaUy, Palm Beach County reserves the right to award other requirements, or any of the terms, conditions, or provlslons of this contracts for goods and services fanlng within tile scope of this solicitation, is sufficient cause for the rejecllon of their bid as non. solldtatlon and resultant comract when the specifications differ from responsive. this solicilatlon Of resultant contract. or fur goods and servk:es speciflecl In this solldtatlon when the scope substantially differs from g. PRICING: th is solicitation or resultant contract. (1) Prices offered must be the price for new merohandise and k. OFFER EXTENDED TO OTHER GOVERNM&.(f('AL ENTITIES: Palm free from defect. Unless speclllcally requested in the bid Beach County encourages and 8gIM8 to the flJ~ bidder specifications, any bids containing modlfytng or escalation extending the pl1clng, terms and conditions of this solicitation or clauses shall be rejeded. resultant contract to ather govemmental entilies at \he discretion of the (2) TIle plice orfered lTltlSl be In accordance with the unit of successful bIdder. measul'9 provtded on the bid l'8SI:Ionse page{s). One (1) space or line requires only one (1) sillgle, fixed unit price. l. PERFORMANCE DURING EMERGENCY: By submitting a bid, Anything other than a single, fixed unit price 8haJI result in bidder agrees and promises that. during and after a public emergen~ the rejection of your bid. disaster, hurricane, load, or acts of God. Palm Beach County shaU b (3) Bidder warrants by virtue of bidding that prices shall remain given "first priority" for all goods Bnd servfcee under this contract. film for a period of ninety (90) days from the date of bid Bidder agrees to provide all goads and services to Palm Beach County opening to allow for evaluation and award. during and after the emergenc;yldlsaster at the tenns. conditions. and (4) Bidder warrants by virtue of bidding that ptices shall ramaln prica& as provlded In this soJicitatlon. and with a priority above, a firm for the lnIial and any subsequent term unless modified preference over, sales to the private sector. Bidder shall fumlst1 s 2.0\- by a special condition. hour phone number to the CotInty In the event of such an emergency. (5) In the event of mathematical error(s), the unit price snail Failure to provide the stated prlorttylpreference during and after en prevail and the bidder's total offer shan be corrected emergency/disaster ehall conatitull!l breactr of contract and make the accordingly. BIDS HAVING ERASURES OR bidder subject to sanctions from further business with the County. CORR.EC'TlON8 MUST BE INITIALED IN INK BY THE BIDDER PRIOR TO BID OPENING. IF THE CORRECllON 4. BID OPENING/AWARD OF BID IS NOT PROPERLY INITIALED. OR IF THE INTENT OR LEGIBIUTY OF THE CORRECTION IS NOT CLEAR, lHe 8. OBSERVING THE PUBLISHED BtD OPENING llME: The BID SHALl BE REJECTED. published bid opening time shall be 8cnapulously observed. It is (6) Bidders may offer a cash dl8count for prompt payment the sole responsiblHty of Ihe bidder to ensure that thelr bid alTives In However, such discounts shall not be considered in the Purchasing Department prior 10 the published bid Opening time. determining the lowest net oosI. for bid evaluation purposes Any bid delivered after the pl'9dse time of bid opening shall not be unless otherwise specified in the special conditions. Blddem considered, and shall be returned to the bidder unopened if bidder should relied any discounts to be considered in the unit Idenlilication is pQ6d)le without opening. Bid responses by telephone. prices bid. telegram, or facsimIle shall not be acoeplsd. Bidders shall not be allowed to modify their bids after the published bid opening time. h. SUBMrmNG NO BID or NO CHARGE: Bidders not wfshing to bid on some Items sought by this solicitation should marl< those Items as 'no b. POSnNG OF AWARD RECOUIIIENO~MN: Recommended bid. - If some Items are to be oIfered at no ctrarge, bidders should awards shall be publicly posted for review. at the Purchasing mark those Items as -no charge." ltams left blank shall be consldered Department prior 10 final appmval, and shall remain pasted for a period a .na bid" for that item, and the bid shall be evaluated aooordingly. of live (5) business da)'S. Siddens desiring it copy of the bid posting Bidders who do not wish 10 submit bids on any Item In this solicitation. summary may request same by enclOSing a self-addressed, stamped should retum a .Stahlment of No Bid" In an envelope plainly marked envelope With their bid. (NOTE: As a service to bidders, lhe County wItI1 the bid number and mar1ced "NO BlD.- provides an unat'llcial list of award postings on otIr web site at www.Dbcaov.comIDur and on our bid hat-llne, Ielephone 561-795- i. ACCEPTANCElRgJECTlON OF BIDS: Palm Beach County reserves 8080. These listings are updated weekly, normally 011 Friday. If any the right to accept or to reject any or aU bids. Palm Beach County also discrepancy between these listings and the at'Ilcial posting in the reserves the right to (1) waive any non-aubstantive irregularities and Purchasing Department, the latter shall prewil.) technicalities; (2) reject the bid of any bidder who has previously failed in the proper perfonnance of a contract of a similar nalure, who has c. PROTEST PROCEDURE: Protest procedures are provIded in the been suspended or debarred by another governmental entity, or who Palm Beach County Purchasing Code. Protests must be submitted in is not In a posltiorl to penonn properly under this award; and (3) writing, addressed to the Dir9ctor of Purchasing, via hand delivery, inspect all facilities of bidders In order to make a determination as to its mail or fax to 561/242-6705. Protest must identify the solicitation, abHlty to perform. specify the basis for the protest, and be received by the Purchasing Page 6 Department within five (5) business days of the posting date of the effective. If only portions of the contract are l8rmlnated, the sUccessful recommended award. The protest is considered filed when it Is bidder has the right to withdraw, without adverse action, fran the received by the Purd'lasing Dep8I1ment. Failure to file protest as entire contract. outlined In the Palm Beach County Pun:hasing Code shall constitute a waiver of proceedings under the referenced County Code. Unless directed differently In the notice of termination. the SUccessful bidder shall Incur no further obligations in connection with the 5. CONTRACT ADMINISTRATlON terminated work, and shall stop work to the extent specified and on the date given In the notice of tennlnalion. Addltionany, unless directed a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be differently, the successful bidder shaD termlnatl!l outstanding orders made as soon as possible. Deliveries resulting from !his bi<i are to be and/or subcontracts related to the terminated worl<. made during the normal working hoors of the County. TIme Is of the essence and delivery dates must be mel Should the successful THIS IS THE END OF -GENERAL CONDmONS.- bidder fall 10 deliver on or before the stated dates. the County reserves the right to CANCEL the order a contract and make the purchase elsewhere. The successful bidder shall be responsible far making any and aft claims against carriers for missing or damaged Items. Delivered items shall not be consldeAld 'accepted" unlll an authorized agent for Palm Beactl County has, by Inspection or test of such Items, determined that they appear to fully comply with spec:lficalions. The Board of County Commissioners may return. at the expense of the $ucceesful bidder and for full credit, any Item(s) received whictl fall to meet the County's spec:lflcations or performance standards. b. FEDERAL AND STATE TAX: Palm Beach County Is ex8fTl)t from Federal and State taxes. The authorized agent for PurchasIng shall provide an exemption certI1Icate to the successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials to fulfil contractual obligations with the County, nor 819 suooessful bidders aU1hotl%ed to use the County's Tax Exer1l3tion Number In &eClIrlng such materials. c. PAYMENT: Payment shall be made by the County after commodltieslserYfces have been received, accepted and properly invoiced as Indicated in the contract and/or order. Involoes must bear the order number. The Florida Prompt Payment Act Is applicable to this soUdtalion. d. CHANGES: The Director of Purchasing, Palm Beach Colllty. by written nollfication to the suocessful bidder may make minor ctlange6 to the contract terms. Minor changes are defined as modifications which do not si9nlflcantiy alter the scope. nature. or pr1Qf or the specified goods or services. Typical minor changes include, but are not limited to. place of deliY8ry, method of shipment, minor ~Ions to customized worX specifications, and adminis1ratlon of the conInIcl The successful bidder ~I not amend any provIsion of the contract without Wlttlen notification to the Directtlr of Purchasing, and written acc:eptanoe from the Director of Purchasing or the Board of County Commissioners. e. DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or In part If the successful bidder falls to satlsfadoriy perfon'n any provisions of this solicitation or resultant contract, or falls to make progress so as to endanger perlgrmance under the terms and conditions of this soDcitatlon or resultant contract, or provides repeated non- performance. or does not remedy such faDure within a period r:A 10 days (or such period as the Dlredcr of Purchasing may authorize in writing) aner reoelpt of notice from the Director of PurchaU'lg specifying such faUure. In the event the County terminates IhIs contract in whole or In part because of default of the succ;essful bidder, the County may procure goods and/or services similar to those terminatl!ld. and the successful bidder shall be liable for any excess costs incurred due to this acGon. If It is determined that the successful bidder was not in default or that the default was excusable (e.g.. failure due to causes beyond the control of, or without the fault or negllgenc;e of. the successful bidder). the rights and obligations of the parties shall be those provided tn Sedlon 5f, "Termination for Convenience." f. TERMINATlON FOR CONVENIENCE: The DIrector of Purchasing may, whenever the Interests of fhe County so require, terminate the contract, in whole or In part, for the convenience of the County. The Dil9ctor of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to became Page 7 SPECIAL CONDITIONS 6. GENERAUSPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 7. QUALIFICATION OF BIDDERS This bid shall be awarded onry to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shari, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate flTlancial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization. experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under apprtcable laws and regulatiorl$. The bidder should submit the following information with their bid response; however. if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to proVide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a preVious bid shall not satisfy this provision. A. List a minimum of three (3) references in which similar goods and/or services have been provided within the past three C3} years including scope of work, contact names, addresses, telephone numbers and dates of service. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. 00 NOT list persons who are unable 10 answer specific questions regarding the requirement. 8. AWARD C1TEM-BY-ITEM) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an item-by-item basis. The County reserves the right to reject bids which would result in an award which is financially disadvantageous to the County. An award may be considered financlally disadvantageous when it would result in an award to a bidder for less than $1,000. or when It would result in awards of multiple small fragments. This policy is predicated on avoidance of increased administrative costs and operational complexity. 9. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve (12) months or until the estimated amount is exptlnded, at the discretion of the County. The County will order on an "as needed" basis. 10. F .O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (00). Bid responses showing other fhan F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responSible for the filing of claims for loss or damages. 11. ADDITION/DELETION OF LOCATIONS Palm Beach County reserves the right to add or delete locations(s) during the term of the contract at its sole discretion. Additional locations will be based on the unit price per gallon. 12. DELIVERY De/ivery shall be required within ten (10) calendar days after receipt of term contract delivery order (DO) unless a mOdified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Department or thf designated County representative. Failure of the successful bidder to perform to the delivery requirement is sufficient causE. for default and termination of the contract. Page 8 13. AS SPECIFIED A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all Items delivered must meet the specifications herein. Palm Beach County wm return, at the expense of the successful bidder, items not delivered as specified. At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine confonnity to respective specifICations. Bidders shall assume full responslbl1ty for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifICations. 14. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise. Palm Beach County will accept NO minimum order requirements. Additionally. bidders are cautioned to bid In accordance with the unit specified on the bid response page. . 15. RENEWAL OPTION WITH ESCALATOR The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four (4) additional twelve (12) month periods. Prices shall remain firm for the Initial twelve (12) month period. The option for renewal shall only be exercised upon mutual written agreement with all original terms and conditions adhered to with no deviations. At the beginning of each of the four (4) twelve (12) month option periods, the County will consider a single annual price adjustment to the unit price(s) based on the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI-U, All Items, Not Seasonally Adjusted (NS/>.)).. The webslte is httD:/lwww.bls.aov/coi/home.htm. At the County's sole discretion, this annual adjustment shall be calculated by using the appropriate annual percentage as provided by the Bureau of Labor Statistics not more than 120 days nor less than 30 days prior to the first day of the renewal term. Any renewal Including subsequent price adjustments shall be subject to the appropriation of funds by the Board of County Commissioners. 16. INFORMATION AND DESCRIPTIVE LITERATURE Bidder lbIU. enter the manufacturer and manufacturer part number on the bid response page, if required. Additionally, the bidder Jb!!I. submit with their bid response. manufacturer cut sheets, sketches, descriptive literature and/or complete specifications for said Item(s). Literature shall provide sufficient detail to verify compliance to bid specifications. The failure of the descriptive literature to show that the Item(s) offered conforms to the requirements of this solicitation shell result in the rejection of the bid. Reference to literature submitted with a previous bid or literature which has been created by any entity other than the manufacturer wUl not satisfy this provision. The County reserves the sole right to detennine acceptance of offered item(s}. 17. WORK SITE SAFETYISECURITY The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any sum loss or damage. When applicable, the successful bidder shall provide fences, signs, barricades. flashing lights, etc. necessary to protect and secure the work site(s) and Insure that all County, State of Florida. OSHA, and other appncable safety regulations are met. Additionally. successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or Its agents. 18. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County. cia Purchasing Department, Attention Buyer. 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder shall provide this evidence to the County prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar fonn, at a limit of liability not less than $500.000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations. Personal Injury/Advertising LIability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion. collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to Include Palm Beach County as an Additional Insured. Page 9 Business Auto Liability with Pollution LIability Endorsements. Successful Bidder shall agree to maintain Business Automobfle Liability, including the MCS-90 Motor Carrier Act Endorsement andlor CA 99 48 Pollution Liability - Broadened Coverage fe Covered Autos - Business Auto, Motor Carrier and Truckers Coverage Forms Endorsement, at a minimum limit not less tha~ $500,000 per occurrence providing coverage for damages against such third-party liability, remediation and defense costs. In the event the policy includes a self-insured retention or deductible in excess of $100,000. the County reserves the right, but not the obligation, to review and request a copy of the successful bidder's most recent annual report or audited financial statements. The policy shall be endorsed to include "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Rorida, its Officers, Employees and Agents as additional Insured." Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance CompanyfAgent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liabl1lty (and Professional liability, when applicable), said Certificate(s) shall cleariv confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Further, said Certificate(s) shall endeavor to provide ten (10) days written notice to County prior to any adverse change, cancellation or non-renewal of coverage there under. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. Successful bidder shalf agree to provIde the County with at least ten (10) days prior notice of any cancellation, non-renewal or material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. Page 10 SPECIFICATIONS BID #08-060/CB SODIUM HYPOCHLORITE, PURCHASE AND DEUVERY (VARIOUS LOCATIONS), TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid is to establish a firm fixed price term contract for the purchase and delivery of Sodium Hypochlorite In bulk and less than tanker loads to various locations throughout Palm Beach County for the Palm Beach County Water Utilities Department TECHNICAl.. REQUIREMENTS: Product soeclflcations (as oer AWWA Standard B300a-99. latest revision): . Trade name: Hypochlorite Solution, Bleach . Chemical formula: NaOCI . Composition: 10% by weight, minimum . SpecifIC gravity: at20C-1.1-1.2 . Molecular weight: 74.5 . Appearance: Light-yellow to green dear liquid solution . Solubility in water. Complete . Freezing Temperature: minus 7C to minus 10C SUCCESSFUL BIDDER'S RESPONSIBILITIES: Shipments shall bear warning labels as specified by US DOT regulations. Successful bidder's vehicle shall be equipped with a 2" Cam Lock Filler Nozzle for product dispensing (unload). The delivery site(s) is located within a wellfleld zone. Proper handl ing and delivery procedures shall comply with the Department of Environmental Resources Management (ERM) requirements. Product shall be delivered in thoroughly cleaned tank trucks. Palm Beach County reserves the right to orde~ In quantities less than a tanker load (L TL). Product shall be delivered in bulk as follows: Item #1 . Tanker load is 5,000 gallons. Item #2 - Less than tanker load (L TL) quantity (less than 5,000 gaUons). Page 11 DELIVERY LOCATIONS ARE AS FOLLOWS: ESTIMATED USAGE ITEM #1 System #2 Water Treatment Plant 510,000 gallons 2956 Pinehurst Drive West Palm Beach, FL 33467 System #3 Water Treatment Plant 360,000 gallons 13026 Jog Road De/ray Beach, FL 33446 South Region Wastewater Reclamation Facility (SRWRF) 600,000 gallons 12751 Hagen Ranch Road Boynton Beach. FL 33437 System #8 Water Treatment Plant 286,000 gallons 1500 Jog Road West Palm Beach, FL 33415 System #9 Water Treatment Plant 477,000 gallons 22438 SW 7th Street Boca Raton, FL 33433 Lake Region 191,000 gallons 39700 Hooker Hwy Belle Glade, FL 33430 Water Treatment Plant #10 141,000 gallons 10930 Okeechobee Blvd Royal Palm Beach. FL 33411 ITEM fI.2 System #1 Water Treatment Plant 6,000 gallons 3421 Wilder Avenue West Palm Beach, FL 33406 Seminole Water Treatment Plant 8,000 gallons 5622 Seminole Pratt Whitney Road Loxahatchee,FL 33470 Pump Station #241 10.000 gallons 1915 North Haverhill Road West Palm Beach, FL 33417 Lift Stations 10,000 gallons (Addresses { directions will be provided at time of order) Page 12 BID RESPONSE BID #OS..oSO/CB SODIUM HYPOCHLORITE, PURCHASE AND DELIVERY (VARIOUS LOCATIONS), TERM CONTRACT ITEM DESCRIPTION UNIT ESTIMATED UNIT TOTAL OFFER NO. QUANTITY PRICE 1. Sodium Hypochlorite, (NaOC1, Bleach), as specified herein. TANKER LOAD Gallon 2,565,000 $ $ Manufacturer offered: 2. Sodium Hypochlorite, (NaOC1, Bleach), as specified herein. lESS THAN TANKER LOAD (L TL) Gallon 34,000 $ $ Manufacturer offered: Is Qualification of Bidders information Included, per Term and Condition #I? YES_ INITIAl_ Is Information and Descriptive Uteralure Included, per Term & Condition #167 YES_ INlTIAl_ Does bidder clearly understand the Insurance requirement, per Term and Condition # 187 YES_ INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that Its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: PRINT NAME: * SIGNATURE: PRINT TITLE: ADDRESS: CITY I STATE: ZIP CODE: TELEPHONE # ( ) E-MAIL: TOLL FREE # ( ) FAX #: ( ) APPLICABLE L1CENSE(S) NUMBER # TYPE: FEDERAL ID # Page 13 STATEMENT OF NO BID BID #08-060/CB SODIUM HYPOCHLORITE, PURCHASE AND DELIVERY (VARIOUS LOCATIONS), TERM CONTRACT If you are not bidding on this service/commodity, please complete and return this form to: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. Failure to respond may result in deletion of vendor's name from the qualified bJdder's list for the County of Palm Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE; WE, the undersigned have declined to bid on your Bid No. for (Service/Commodity) because of the following reason(s): - Specifications too "tight", Le., geared toward brand or manufacturer only (explain below) - Insufficient time to respond to the Invitation for Bid - We do not offer this product or an equivalent - Our product schedule would not penn It us to perform - Unable to meet specifications - Unable to meet bond requirements - Specifications unclear (explain below) - Other (specify below) REMARKS: Page 14 CERTIFICATION OF BUSINESS LOCATION BID #: OS-060/CB In accordance with the Palm Beach County Local Preference Ordinance. a preference shall be given to those bidders who have a permanent place of business In Palm Beach County ("County") and who hold a valid occupational license issued by the County that authorizes the bidder to provide the goods or services to be purchased. To receive a local preference, an interested bIdder must have a permanent place of business in existence Drior to the County's issuance of an invitation for bid. A valid occupational license issued by the County Tax Collector shall be used to verify that the bidder had a permanent place of business prior to the issuance of the Invitation for bid. A Palm Beach County Occupational license is required unless specifically exempted by law. In lieu of a Palm Beach County occupational license, the bidder should include the current occupational license issued to the bidder in the response. The bidder must submit this Certification of Business Location at the time of bid submission. This Certification of Business Location is the sole determinant of local preference eligibility. Errors In the completion of this Certification or failure to submit this completed Certlflcation shall cause the bidder to not receive a local preference. Please note that the bid submitted b;: the bidder to the County must be from an address located within Palm Beach County in order for local preference to apply. I. Bidder is a: Non-Local Business A non-local business is one that does not have a permanent place of business In Palm Beach. Martin. Broward. or MiamI-Dade County. Regional Business A regional business is one that has a pennanent place of business in Martin, Broward, or Miami-Dade County. (Please indicate): Martin County Broward County Miami - Dade County Local Business A local business has a permanent place of business In Palm Beach County (Please Indicate): Headquarters located In Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services to be purchased -A post office box or location at a postal service center is not acoeptable. II. The attached copy of bidder's Palm Beach County Occupational License verffies bidder's permanent place of business in Palm Beach County THIS CERTIFICATION Is submItted by , as (Name of Individual) ,of (Title/Position) (Firm Name of Bidder) who hereby certifies that the infonnation stated above is true and correct, that the bidder has a permanent place of business in Palm Beach County, and that the attached Palm Beach County Occupational License is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification is considered an unethical busIness practice and is grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 15 DRUG-FREE WORKPLACE CERTIFICATION BID #Oa.Q60/CB IDENTICAL TIE BIDS/PROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/proposals the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids are received from vendors who have not submitted with their bids/proposals a completed Drug-Free Workplace Certification fonn, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug-Free Workplace Certification form must be executed and returned with the attached bid/proposal, and received on or before time of bid opening to be considered. The failure to execute and/or return this certification shall not cause any bid/proposal to be deemed non-responsive. Whenever two (2) or more bids/proposals which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bId/proposal received from a business that certJfies that it has implemented a drug-free workplace program shall be given preference In the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession. or use of a controlled substance Is prohibited In the workplace and specifying the actjons that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace. the business's policy of maintaining a drug-fr.. workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employe. engaged in providing the commodities or contractual services that are under bid.. copy of the statement specified In numb.r (1). (4) In the statement specified In number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes. or of any controlled substance law of the United Stales or any state, for a violation occurring in the workplace no later than 'tve (5) days after such conviction. (5) Impose a sanction on. or require the satisfactory participation in a drug abuse assistance or rehabilitation program If such is availabl. in the employee's community, by any employee who Is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by the (Individual's Name) of (TltleJPosltlon with CompanyNendor) (Name of CompanyNendor) who does hereby certify that said CompanyNendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are Identified in numbers (1) through (6) above. Signature Date Page 16 SCHEDULE 1 UST OF PROPOSED SBE-MJWBE PRIME SUBCONTRACTORS BID NAME: BID NO. NAME OF PRIME BIDDER: ADDRESS: CONTACT PERSON: PHONE NO: FAA NO: BID OPENING DATE: DEPARTMENT: PLEASe IDENTIFY ALL APPLICABLE CATEGORIES ...""........................*....*.1II'........"*.....*..........*_~....1l.....,........................**..*..*..~........*~............o6tiH.......**....*...*......*............*.............,......................fl...........",.**......'I'*......lt................................................ Nilme, Address and Subcontract Amount Phone Nt.mber (Check on. or both Categories) Mlnorltv Business Sman Busln... Black ".Dante Women Caucasian Other (Please Specify) 1. 0 0 $ S $ $ S 2. D 0 S $ $ $ $ 3. D 0 $ $ $ S $ 4. 0 0 $ $ $ $ $ 5. 0 0 $ S $ $ $ (Plellll' us. additional SheilS If nIlC8tl..ry To~1 $ $ $ $ S Total Bid Price $ Total Value of SSE Participation S NOTE: 1. The amount Rsted on this form for a Sublxlnlractor must be supported by prk;es or percentage included on Schedule 2 or a proposal from each Subcontractor listed In order to be CO\JJlted toward goal attainment. 2. Firmo may be certfied by Palm Beach County as an SBE and/or an MWBE. 11 flrms are certified as both an SBe and M/WBE, please indicate the dollar amoont under the appropriate category. 3. MlWBE information is being collected for tracking purposes only. Page 17 SCHEDULE 2 LETTER OF INTENT TO PERFORM AS AN SBE OR M/WBE SUBCONTRACTOR BID NO. BID NAME: TO: (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a(n) - (check one or more, as applicable): Small Business Enterprise _ Minority Business Enterprise _ Black - Hispanic _ Women - Caucasian Other (Please Specify) - Date of Palm Beach County Certification: The undersigned is prepared to perform the following described work in connection with the above project (Specify in detail. particular work Items or Darts thereof to be oerformed): Line Item No. Item Description QtylUnits Unit Price Total Price at the following price $ (Suboonbactorsquom) and shall enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to sub-subcontract any portion of this subcontract to a non-certffied SBE subcontractor, the amount of any such subcontract must be stated: $ The undersigned subcontractor understands that the provision of this fcnn to prime bidder does not prevent subcontractor from providing quotations to other bidders (Print name of SBE-MIWBE Subcontractor) By: (Signature) (Print name/title of person executing on behalf of SBE-MlWBE Subcontractor) Date: Page 1 a SCHEDULE 3 SBE-M/WBE ACTIVITY FORM SBE-M/WBE ACTIVITY FOR MONTH ENDING BID# BID NAME PRIME CONTRACTOR NAME PROJECT SUPERVISOR SBE-M/WBE SUBCONTRACTING INFORMATION SBE-MIWBE Category (check all applicable) Name of SBE.MIWBE SBE-MIWBE Amounldrawn Amount Paid to Actual Minority Small Other Subcontractor SubconlJact Amount for SBE-MIWBE Date Starting Date Business Business (Please Subcontractor ({) (/) Black Hispanic Caucasian Women Specify) I hereby certify that the above Information is true to the best of my knowledge (Signature and T1Ue) Return to: Additional Sheets May Be Used As Necessary otnce of Sma. Business Assistance 50 S. Military TraU. SiJIe 209 west Palm Beam. FL33415 NOTE: Firms may be certified as an SBE and/or an MtWBE. If firms are certified as both an SSE and MIWBE. please indicate the dollar amount in each section. The dollar amount will not be counted twice. Page 19 SCHEDULE 4 SBE-MIWBE PAYMENT CERTIFICATION Th is is to certify that received SBE or MlWBE Subcontractor (Monthly) or (Final) payment of $ on from for labor and/or materials used on BID NO. (Prime Contractor) BID NAME: BID#: PRIME CONTRACTOR: SSE OR MiWBE SUBCONTRACTOR: (Company Name) BY: BY; (Signature of Prime Contractor) (Signature of Subcontractor) (Print Name & Title of Person Executing on behalf (Print Name & Title of Person Executing on behalf of of Contractor) Subcontractor) 8T ATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of .20. by Notary Public, State of Florida Print, Type or S1amp Commissioned Name of Notary Personally KnOWl'1_ OR Pnoducedldentification Type of Identification Produced STATE OF FLORIDA COUNTY OF SWorn to and subscribed before me this day of ,20 by: Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known_ OR Pnoducedldentiflcation Type of Identification Produced DUE; To be submitted with Pay Request. immediately following any payment to the SBE-M/WBE from the Prime Contractor. VI.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August 19, 2008 August 4,2008 (Noon) D October 21, 2008 October 6.2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20,2008 (Noon) D September 16, 2008 September 2.2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15, 2008 (Noon) D December 2. 2008 November 17, 2008 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: A motion to award the "REPAIRS OF TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH", Bid# 049-2413-08/CJD to Bridge Masters Construction LLC in the amount of: $58,349.50 with a 10% Contingency in the amount of: $ 5,834.95 for a total expenditure of: $64,184.45. EXPLANATION: On June 17, 2008, Procurement Services opened nine (9) proposals, which were reviewed by the Engineering Department. After careful review, the Engineering Department recommends Bridge Masters Construction LLC which is the lowest bidder who met all specifications. There were a few deficiencies in their bid as noted on the Tabulation Sheet, yet they have all been rectified to the Engineering Department's satisfaction. They are as follows: . A Company check was submitted with the proposal rather than a 5% Bid Bond, Cashier's Check or Cash, or money order. Submitted a Cashier's Check . A Non-Collusion Affidavit was not submitted with Bid proposal. Submitted a sil!ned and Notarized Non-Collusion Affidavit . An Anti-kickback affidavit was not submitted Submitted a sil!ned and notarized Anti-Kickback affidavit . Acknowledged Addendum #1 yet it was not signed Submitted a sh~ned Addendum #1 On page NC-3, Notice to Contractors, the bid states "The City reserves the right to reject any and all bids and to waive technical errors". Therefore we are requesting from the Commission to waive the technical errors per memo #08-075 from H. David Kelley, Assistant Public Works Director/City Engineer thereby saving the City $13,550.50. PROGRAM IMP ACT: The purpose of this bid was to seek a contractor to repair two (2) Bridges located in a residential area to the South Side of Old Boynton Road, between North Congress Ave. and Boynton Beach Blvd. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: David Kelley - City Engineer George Mantell- Project Manager File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: 302-4905-580-63-22 $58,349.00 plus a 10% contingency for a total expenditure 01 $ 64,184.45. ALTERNATIVES: Not repair the bridges and be in violation of the State Inspections (\ , \-ferl-s.~ _/ '~; ,'"J ~.'" il\. ~.,;-' ~ l .... ~ .....,.: .~ '- . City"Manager's Signature Assistant to City Manager {;rwL/ . /rtft CIty Atto ey. Fmance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: David Kelley - City Engineer George Mantell Project Manager File ~_A:r~~.R~ ',' i - ,." 1. j ,. i' .. ; /' t ~ J' DAVID KELLEY, CITY ENGINEER, DEPUl J DIRECTOR ' CAROL DOPPLE. _ PURC AGENT . REPAIRS OF TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH "Offers from the vendors listed herein are the only offers BID DUE DATE: JUNE 17,2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 049-2413-08/CJD ~~ ~ *- .:Jc- ~ *,f any, are hereby rejected as late" VENDORS Sri dge Masters Constructioh, TIC CEM Enterprises, Inc. Concrete Protection & Restoration, Inc. 1212 Crossbow Lane 1757 Benbow Court 1135 NW 22nd Ave. Tarpon Springs, FL 34689 Apopka,FL 32703 Delray Beach, FL 33445 Attn: Antonios Vezyropoulos Attn: Charles Meeks Attn: Steven Troxel Phone: 727-409-8416 Phone: 407-884-9148 Phone: 561-274-9014 Fax: 727-937-9450 Fax: 407-884-2972 Fax: 561-276-9256 Acknowledgement of Addendum #1 Yes/Not signed Yes/Not signed Yes/Not signed Six Copies submitted 5 copies submitted 6 copies submitted 5 copies submitted Proposal Price for Coral Drive Bridge $24,174.75 $32,300.00 $58,528.00 Proposal Price for Venice Drive Bridge $34,174.75 $39,600.00 $61,910.00 Total Proposal Price for (2) Bridges $58,349.50 $71,900.00 $120,438.00 5% IjIO Ijono t:ncloseo Company Ck Urawn on Harttord Casualty inS. vvestern Surety Company Bank of America Company Ijlooer s UUallTlCatlOns ~UOmltted Yes Yes Yes Bidder's Site Inspection Submitted Yes Yes Yes Non-Collusion Affidavit Submitted Not Submitted Yes Yes Anti-Kick Back Affidavit Submitted Not Submitted Yes Yes Confirmation of Minority Owned Business Yes/Not a Minority Yes/Not a Minority Yes/Not a Minority Owned Business Owned Business Owned Business Confirmation of Drug Free Workplace Yes Yes Yes Safety Program Compliance Yes Yes Yes Trench Safety Act Submitted Yes Yes Yes REPAIRS OF TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH "Offers from the vendors listed herein are the only offers BID DUE DATE: JUNE 17,2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 049-2413-08/CJ D if any, are hereby rejected as late" - ---- VENDORS Bridge Masters Construction, LLC CEM Enterprises, Inc. Concrete Protection & Restoration, Inc. 1212 Crossbow Lane 1757 Benbow Court 1135 NW 22nd Ave. Tarpon Springs, FL 34689 Apopka, FL 32703 Delray Beach, FL 33445 Attn: Antonios Vezyropoulos Attn: Charles Meeks Attn: Steven Troxel Phone: 727-409-8416 Phone: 407-884-9148 Phone: 561-274-9014 Fax: 727-937-9450 Fax: 407-884-2972 Fax: 561-276-9256 Sub-Contractor's Form Submitted Yes/NA Yes/NA Yes/NA --- -- Comments "__."_.____.._"~_._L._...__." .~_"__.._.._._._____"_,~____ ___ ___. REPAIRS OF TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH "Offers from the vendors listed herein are the only offers BID DUE DATE: JUNE 17,2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 049-2413-08/CJD if any, are hereby rejected as late" VENDORS Contracting Specialists Inc. Custom Built Marine Construction, Inc. L & S Concrete Restoration, Inc. 1460 SW 3rd Street, Ste B-9 P.O. Box 3016 8445 Lone Eagle Way Pomapno Beach, FL 33069 Stuart, FL 34995 Sarasota, FL 34241 Attn: Abhi Tipnis Attn: David H. Corrigan, Sr. Attn: Douglas K . McFadden Telephone: 954-786-3223 Telephone: 772-288-4254 Telephone: 941-927-9880 Fax: 954-786-3228 Fax: 772-288-2802 Fax: 941-924-5395 Acknowledgement of Addendum #1 Yes/Not signed Yes Yes Six Copies submitted 6 copies submitted 6 copies submitted 6 copies submitted Proposal Price for Coral Drive Bridge $44,320.00 $73,288.00 $98,600.00 Proposal Price for Venice Drive BridQe $56,750.00 $73,288.00 $106,100.00 Total Proposal Price for (2) Bridges $101,070.00 $146,576.00 $204,700.00 5% Bid Bond Enclosed North American Specialty Ins. Developers Surety & Indemnity Travelers Casualty & Surety Co. Company Company of America Bidder's Qualifications Submitted Yes Yes Yes Bidder's Site Inspection Submitted Yes Yes Yes Non-Collusion Affidavit Submitted Yes Yes/No Seal Yes Anti-Kick Back Affidavit Submitted Yes Yes Yes Confirmation of Minority Owned Business Yes/Not a Minority Yes/Not a Minority Yes/A Minority Owned Owned Business Owned Business Business Confirmation of Drug Free Workplace Yes Yes Yes Safety Program Compliance Yes Yes Yes Trench Safety Act Submitted Yes Yes Yes REPAIRS OF TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH "Offers from the vendors listed herein are the only offers BID DUE DATE: JUNE 17,2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 049-2413-08/CJD if any, are hereby rejected as late" VENDORS Contracting Specialists Inc. Custom Built Marine Construction, Inc. L & S Concrete Restoration, Inc. 1460 SW 3rd Street, Ste B-9 P.O. Box 3016 8445 Lone Eagle Way Pomapno Beach, FL 33069 Stuart, FL 34995 Sarasota, FL 34241 Attn: Abhi Tipnis Attn: David H. Corrigan, Sr. Attn: Douglas K . McFadden Telephone: 954-786-3223 Telephone: 772-288-4254 Telephone: 941-927-9880 Sub-Contractor's Form Submitted Yes/NA Yes Yes/NA Comments REPAIRS OF TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH "Offers from the vendors listed herein are the only offers SID DUE DATE: JUNE 17,2008 received timely as of the above receiving date and time. SID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, SID # 049-2413-08/CJD if any, are hereby rejected as late" VENDORS Sieg & Ambachtsheer, Inc. Talley Walker Services, Inc. West Construction P.O. Box 740609 5208 Palm Way 318 South Dixie Highway, suite 4-5 Orange City, FL 32774-0609 Lake Worth, FL 33463 Lake Worth, FL 33460 Attn:V. C. Lane Attn: Talley Walker Attn: Martha Morgan Telephone: 386-775-3835 Telephone: 561-719-3101 Telephone: 561-588-2027 Fax: 386-775-3474 Fax: 561-966-8609 Fax: 561-582-9419 Acknowledgement of Addendum #1 Yes Yes Yes Six Copies submitted 6 copies submitted 6 copies submitted 6 copies submitted Proposal Price for Coral Drive Bridge $54,900.00 $$31,800.00 $66,660.00 Proposal Price for Venice Drive Bridge $64,900.00 $41,650.00 57,460.00 Total Proposal Price for (2) Bridges $119,800.00 $73,450.00 $124,120.00 5% Bid Bond Enclosed North American Specialty Ins. Developers Surety & Indemnity Western Surety Company Company Comoany Bidder's Qualifications Submitted Yes Yes Yes Bidder's Site Inspection Submitted Yes Yes Yes Non-Collusion Affidavit Submitted Yes Yes Yes Anti-Kick Back Affidavit Submitted Yes Yes Yes Confirmation of Minority Owned Business Yes/Not a Minority Yes/Not a Minority Yes/Minority Owned Business Owned Business Owned Business Confirmation of Drug Free Workplace Yes Yes Yes Safety Program Compliance Yes Yes Yes Trench Safety Act Submitted Yes Yes Yes REPAIRS OF TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH "Offers from the vendors listed herein are the only offers BID DUE DATE: JUNE 17,2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 049-2413-08/CJD if any, are hereby rejected as late" VENDORS Sieg & Ambachtsheer, Inc. Talley Walker Services, Inc. West Construction P.O. Box 740609 5208 Palm Way 318 South Dixie Highway, suite 4-5 Orange City, FL 32774-0609 Lake Worth, FL 33463 Lake Worth, FL 33460 Attn:V. C. Lane Attn: Talley Walker Attn: Martha Morgan Telephone: 386-775-3835 Telephone: 561-719-3101 Telephone: 561-588-2027 .~---." Sub-Contractor's Form Submitted Yes/NA Yes/NA Yes/NA -~-~-_.~--~ . ._._o..,~ _~_.~" _~,_~~~__~_'______.__"__"_"'_ ~~--"'~~--- ~,-~ -~~'~~'-~-- Comments I --_.,-------------_._-~~--_.- -~.- -_.~, ---~-----~_.._.,,--- .__..._~. --_._._----~-,~--~------~--,- -. .__.~-- ------>--- -------~---_." _~J DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 08-075 TO: Carol Doppler, Procurement Finance Department .. :.~ THRU: H. David Kelley, Jr., PE/PSM ">s~ 1 Asst. Dir. ofP.W.lCity Engineer FROM: George Mante~ Project Manager DATE: July 17,2008 REF: Memo No. 08-072 SUBJECT: Bid Proposals Reviews Coral Drive & Venice Drive Bridge Repairs Bid #049-2413-08/CJD Subsequent to our previous memorandum no. 08-072 on the above noted subject (copy attached), the previously noted technical errors and deficiencies of the apparent low bidder have been rectified to this Division's satisfaction. Therefore, in accordance with the last paragraph of the "Notice to Contractors" (page NC-3), the city does "reserves the right to reject any and all bids and to waive technical errors as heretofore set forth", we still recommend that the city consider the low Bidder, Bridge Masters Construction, as the firm to be awarded a Purchase Order for the required tasks. However, due to the tentative six (6) week plus construction schedule and the limited calendar time left in this fiscal year, we respectfully request that this award be placed on the August 5th City Commission agenda for approval. If this is not possible, we request that the funds be encumbered in order for this project to be completed as soon as possible. Further, in regards to the account number, please allow for a 10% contingency to cover any unforeseen expenditures. Again, if you have any questions regarding this matter, please call me at x6990. Your attention to this matter will be appreciated. xc: Jeff Livergood, PE, Director of Public Works H. David Kelley, Jr., PE/PSM, City Engineer file DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 08-072 TO: Carol Doppler, Procurement Finance Department /' ., THRU: H. David Kelley, Jr., PEIPSM ( Asst. Dir. ofP.W./City Engineer FROM: George Mantell @ Project Manager DATE: June 24, 2008 SUBJECT: Bid Proposals Reviews Coral Drive & Venice Drive Bridge Repairs Bid #049-2413-08/CJD Account# 302-4905-580-63-22 Based on the bid proposals opened on Tuesday, June 17,2008 afternoon in conference room "B", we have reviewed all the bids submitted and submit our results to you in tabular form, as follows: Rank Coral Venice Total No. Firm Location Bridge Bridge Bid 1. Bridge Masters Construction Tarpon Springs, FL. $24,174.75 $34,174.75 $58,349.50 (a,b,c,d,e) ') CEM Enterprises Apopka, FL. $32,300.00 $39,600.00 $71,900,00 .. . 3. Talley Walker Services Lake Worth, FL. $31,800.00 $41,650.00 $73,450,00 4. Contracting Specialists, Inc. Pompano Beach, FL. $44,320.00 $56,750.00 $101.070.00 5. Sieg & Ambacktshber, Inc. Orange City, FL. $54,900.00 $64,900.00 $119,800.00 6. Concrete Protect. Restoration Delray Beach, FL. $58,528.00 $61,910.00 $120.438.00 7. West Construction, Inc. (e) Lake Worth, FL. $66,660.00 $57,460.00 $124.120,00 8, Custom Built Marine Const. (f) Stuart, FL. $73,288.00 $73,288.00 $146.576.00 9. L & S Concrete Restoration Sarasota, FL. $ 98,600.00 $106,100.00 $204.700,00 Notes: (see next sheet) NOTES: (a) City's Addendum #1 returned, but not signed to acknowledge. (b) 5% Bid Bond enclosed with a personal check instead of a surety company check. (c) Non-collusion Affidavit not submitted (returned). (d) Anti kick-back Affidavit not submitted (returned). (e) Time frame to complete task(s) not acknowledged in comments area. (f) Proposal not signed. In accordance with the last paragraph of the "Notice to Contractors" (page NC-3), the city "reserves the right to reject any and all bids and to waive technical errors as heretofore set forth". Based on our investigational reference checks of the apparent low bidder, and the waiver of the technical errors noted above, we recommend that you consider the low bidder, Bridge Masters Construction, as the firm to be awarded a Purchase Order after ratification by the City Commission at their earliest possible meeting. Further, in regards to the account number noted above, please allow for a 10% contingency to cover any unforeseen expenditures. If you have any questions regarding this matter, please call me at 742-6990. Your attention to this matter will be appreciated. xc: Jeff Livergood, PE, Director of Public Works file BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SER VICES 100 E. Boynton Beaeh Boulevard P.O. Box 310 Boynton Beach, Florida 33425-03 I 0 Telephone: (561) 742-(<~2~ Broadcast Datc (City): MA Y 13,2008 Bid Title: REPAIR OF TWO (2) BRIDGES WITHIN THE CITY OF BOYNTO:'\J BEACH Bid Number: #049-2413-0X/CJ D Bid Received By: JUNE 10,2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specificd otherwise. Bid receiving date and time is scheduled for: .TlJNR 10, 200R, no J::Iter th::ln 2:10 P M. (Joe::lJ time) and may not hL' withdrawn within ninety (90) days after sueh date and time. All awards made as a result of this bid shall confoml to applicable sections of the charter and codes of the City. .&R I04F .A-1/tS IE fLS LLL Name of Vendor: GotJ.5T (Lu L TlolIJ j "- Federal J.D. Number: 20gi f,J:i3'1 ..~~~~ - - -------- A Corporation of the State of: FLDrt-1 j) A -~-- Area Code: 1.21 Telephonc Number: 40 '1- 8 4 I ~ --.----- Area Code: 7;;7 FAX Number: '1 ~ 7 - '1 t.f ~o ._~---~--~~-- -- Mailing Address: lc21;t C-{J-o.s s: B 0 l...J L..N --.---- City/State/Zip: .r IJ r<.. f /) IJ S f>~J A) t.r .s / Ft- J 3 'I b 'i'1 f I Vendor Mailing Date: 06//6/oi I I ---o/J rON/oj \IE 2~ fl-ofOuLPS Name Typed THIS PAGE TO BE SliBMITTED ALONG WITH PROPOSAL ADD END A CITY OF BOYNTON BEACH FLORIDA BID TITLE: REPAIR OF TWO (2) BRIDGES WITH THE CITY OF BOYNTON BEACH BIDDER: ---1>1-1 D (,{f' Mh Srr f!-J (.eN S TI!- U C TI DAi U-C I DA TE SUBMITTED: rJGJ/bJo7 I , We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: &:tO~4f .-"1 t11J rr LL- (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE Ji o b J oj I/.IJ{) f I f ---- --~-- THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A - I BID PROPOSAL The Bidder agrees to accept as full payment for the: REPAIR OF TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH BID #049-2413-0R/CJD Work to be perfom1ed consists of. but IS not necessarilv limited 1\; as defined in these Contract documents based upon the undersigned's own estimate of quantitl,;" and costs. the following total sum of: CORAL DRIVE BRIDGE: S 2. 4, I 7'1 . ]_~_ Total Cost for Repairs VENICE DRIVE BRIDGE S '3 L// /74 . 7 s ~~-~._-_._~-------_._-_.__.__._- Total Cost for Repairs t" 5'; TOTAL PROJECT SUM FOR BOTH BRIDGES $ 5 g f 3 t.j 1 ~__=__~~ ~__ (" ~ ~_bJ~____fk. 1..1.stV,\ .,t 11'\~ Au '"-dred (;:, r/; .~. ~ Du ILl I" .' '" and ._..___.. . ). f l'enh (amount written in wor The undersigned bidder agrees to commence work \vithin tell ( I ()) calendar days aner till' da1l' \' ~ the "Notice to Proceed" and shall complete thc work within 90 calendar days ~lltcr llie commencement datc. The undersigned biddcr hereby represents that he has carefully examined the drawings and th~ Contract including all Contract documents and will execute the Contract and perform all !h items, covenants and conditions, all in exact compliance with the requirements ul 111<.; speciticatiolls and drawings. THIS PAGE TO BE SUBMITTED 1]'1 ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP - ! The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. Date 06J /b/O g I I f)f.-/D~ I1lJs TPt--S CoNSTtuc.Tles/J / IA.'- (Name of bidder, Corporation, Fiml or Individual) By fl/lI , 4N fbJJ I (J (" I/l; c'l ~OU La r __ Printed Name (fFt-I EfLIlL /1'1 ~ A-f /J E (L Title ;J-7- (jo9- 'ltt/6 Telephone Number Florida Contractor's License Number L erG J 5" I 35 g C THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-2 STATEME:\'T OF BIDDER'S QliALlFICATIONS Each Contractor bidding on work included in these Genera] Documents shall prqxm: and SUbll111 the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure III comply wilh I i1l'> instruction may be regarded as justification for rejecting the Contractor.s proposal. * attach additional sheets giving the infon11ation I. Name of Bidder: {) f-Jf) (n; MA s rrl-J U,/'J.s. r f-v cr h~ f LL C , Business Address: j;). J:;L cf20ss B (,1.-"'\ L,,--,J - - ---_._~._--_.._- ~ .sf ~ t-.) (;-S FL 3'162-1_ ' J?-f c .10 , ------'..-.-- ~. When Organized: 1;2 LZoO{;; JpLDt.1 P It 4. Where Incorporated: -~~- ~ -----.-.-.--- , S. How many years have you been engaged in thc contracting busincss under the presl'111 firm name'? .2...5" 6. General character of work perfon11Cd by your company. {~/J ~.~IE_ ~'E rll' RS JD I IV T ~fAf tLS' !8 H () Gn.;;- f'A , N TI t"xi C, I .' -~---~ ----~------- 7. Number of employees. __5 ------.----- b. Background and experience of principal members of your personnel, including or/iccr:-. 9. Bonding capacity. vP (0 it b (lOj 000 ~ () (.) , I (). Have you ever defaulted on a contract? If so. where and why?* I\JC) THIS PAGE MliST BE SUBMITTED ALONG WITH PROPOSAL <";B() . I STATEMENT OF BIDDER'S QUALIFICATIONS continued...... 11. Experience in perfoffi1ance. Project $ Value Contact Namc Phone # sf- 13 b h;fA/IJ -If 3i..fs, 000 . -00 J'1/U i>A(LutJ.4 305- :2Jb- 2-00' I PI.s~(.1W1 pr; J o/,JT ~f'I}-'f.-J ~ I '1 ~ 000_00 ~(l.{2"f ,Jo lh.:Uof.J LJo7- '1lJ7-7l/.26 Sf!. g Jbl/llt I-6f/Jlfl5 .J S 2,000.00 !/u)( (;~CTD~) 850--258-/13J ~ S TOC-Co iN tciJfJr/ibv.Jf .:II 41 20c . t!(} 1/11 EWw J c.J- 90'-/ - 2 ?,-/ -, 370 , II. Contracts on hand. * 12. Largest completed projects (include final cost). 1 ) Sf- gJ(;, kf!1/flJ + fA (NTIt0& ~ J f./S; 000 U I1/laJ!) 2) f)f!1J rJ ~ L.o l) tV T\-( D/s.~crw 10'f SO, "Yf p.ttht-8 ~ I '1' Lf~ 0 (0) 3) 5,~ Z To tt0T5 fl.rffrlf C $ S2, 000 J .. .-- 14. List all lawsuits (design and/or construction related) to which you have been a party and which: * I ) arosc from construction projects: * jJ tJ;J2 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: fv\o~~lti this lL day of JUNG 202.'8 By: ~~aturc) Namc: 4r11DtI'O.s Vff'1~ (,vLO.5 (printed or typed) Title: r:xerl<;l/Jt 11 ffrlf,e !l THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 2 BIDDER'S SITE INSPECTION CONFIRMATION Check One: D NON-MANDA TORY [ZJ MANDA TORY BID TITLE: RRPAIR OF TWO (2) RRIOC;RS WITHIN THR CITY OF ROYNTON RRACH :jtOqq, ) Vf}, ~CSJ) tJb!/61Zd<t BID NUMBER: .' ___~______-o DATE: I[tJTfJ AI (05 VE i: Y tc tOL/Lv'; __ _ _ as an authorized representative (\1 (Name and Title of Representative) ~tl,f){ft Attfs TEfLJ ' cr!oAJ I LLC- C-e/J.5']t.J (hereinafter called the bidder) located at (Name of Company) ] it l ~ 1c.2/2 CI-oJSSov) btJ , '~~N Srf-jN(fJ fi and that s~l1d -_.._----_.._----_._-~ , ...-7- Company Address bidder has visited the site of the work and has carefully examined the plans and specitlcatiol1", ftw said project and checked them in detail oefore suomitting his bid or proposal f11c11 fit fZ- RE/TITL E S[E S i {.,tJ -//1/ S Jfr7::-r OWNER'S REPRESENTATIVE SIGNATURE FOR MANDATORY ONLY THIS PAGE TO BE SlIBMITTED ALONG WITH BID IN ORDEI{ FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE '\CA - I CONFIRMATION OF MINORITY OWNED BUSINESS A requested fOffi1 to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISP ANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? /' YES NO - If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB- ] Revised 2/22/05 CONFIRMA nON OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. \Vhenc\ cr t \\0 iI! morc bids which are equal with rcspect to priec, quality, and serviec arc recei\n.i by the Cit~ iI! Boynton Beach or by any political subdivision for the procurcmcnt of commoditics or contractu:! I services, a bid received from a business that ccrtifies that it has implemented a drug-Jn:l workplacc program shall be givcn preferencc in the award process. Establishcd procedure'. I,,, processing tic bids will be followed if none of thc ticd vendors have a drug-frcc workplace program. In ordcr to have a drug-frcc workplacc program, a busincss shall: I) Publish a statement notifying cmployecs that thc unlaviful manufacturc, distributi\)!). dispcnsing, possession, or use of a controlled substancc is prohihitcd in the workplacL' ;llili specifying the actions that will be taken against employecs for violations of such prohihiti\1I1 2) Inform employecs about thc dangers of drug abusc in the workplace, thc husiness's poliL') ii' maintaining a drug-free workplacc, any available drug counseling, rehabi I itation. ;i1ld cmploycc assistance programs, and thc pcnaltics that may hc imposed upon cmployec'. 11\1 drug abuse violations. 3) Cjivc cach employee cngaged in providing the commodities or contractual seniccs that ;11,' under bid a copy ofthc statement specificd in subsection (I ). 4) In thc statcment specified in subsection (I). notify the employce that as a L'ondition "i working on thc commoditics or contractual scrvices that arc under hid. the employeL' \\ II i abidc by thc terms of the statemcnt and will notify thc cmployer of any convict ion of. or pk;i of guilty or nolo contendcrc to, any violation of Chapter 893 or of any controlled suhstal1l"l' law of the Unitcd States or any statc, for a violation occurring in the workplace no bier lh.11i S days aftcr such conviction. S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, I! rehabilitation program if such is available in the cmployec's community hy, any cmplo\l'l" who is so convictcd. 6) Make a good faith cffort to continuc to maintain a drug- frcc workplacl' throu!!1: implementation of this section. As the person authorized to sign the statement, I certify that th' " ith the above requirements. , Ven TIllS PACE TO BE SlIBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DF\\ - I SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Bcach. Prcfercnce shall bc givcn to contractors with an established safety program following O.S.H.A. guidelincs, and documcnted results establishing a safe working environment. 1. Biddcr shall provide a copy of the Safety Program(s) to be in effcct for the duration of thc Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspcctions of thc contractor, subcontractor, cmployees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is dctermined that thc contractor or subcontractor is in non-compliance of the safety terms, regulations or rcquircmcnts cstablishcd by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. j SIGNA TURE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPC - I TRE~CH SAFETY A.CT AFFIDA. VIT On October I. 1990. House Bill 31 ~3. known as the Trcnch Safety Act bccame I~l\\, Ihl' ineorporatcs the Occupational Safety & Health Administration (OSHA) revised cxcl\atin!1 sall:1\ standards. citation 29 CFR.S.1926.650. as Florida's own standards. Thc Proposcr. hy virtue of his signature belm\', affirms that hc is aware 01" this Act. and \\ III comply with all applicable trench safety standards, Such assurance shall bc legally bindi ng un ;tll pcrsons cmployed by the Contractor and his suhcontractors. Thc proposer is also obligated to identify his anticipated mcthod and cost 01" compliance \\ith th~ applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF 'II Ii PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPL YINC) WITII 'If II FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS /\R[- \ BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL 1\< \1 BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN '1'111 SCHEDULE OF PRICES. NOR BE CONSIDERED ADDITIONAL WORK. TN ORDER TO BE CONSIDERED RESPONSIVE. THE PROPOSERS MUST COMPITTI! THIS FORM. I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELO,^'. SI< i'\ AND SUBMIT IT WITH THEIR BID DOCUMENTS, 8ftl DW- t1f{SlF '-s [,c AJJ J1l;tJ L17t./J) iLc /\uthorizcd Signature or Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DFT.\II ~ UNDER THE FOLLOWING HEADINGS: Unit Extendcd Price Mcthod !fl= lV~ _._-~----- . 1-"; \ SCHEDULE OF SUBCONTRACTING/MINORITY BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION BIDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. BID TITLE: RRPAIR OF TWO (2) RRIO(;RS WITHIN THR CITY OF ROVNTON RRACH RID # 049-2411-0R/C.IO MAIN CONTRACTOR NAME: f>fLl f)trr M ,4-5TFfLS Cl>,..:J.ST{2.u en 0":; I Lee MINORITY NAME/ADDRESS/ PHONE OF TYPE OF WORK STATUS TYPE CERTIFIED DOLLAR %OF SUBCONTRACTOR TOBE *( see key AMOUNT TOTAL PERFORMED Yes No below) Yes No IF YOli ARE NOT SlIBI\UTTI.\'G A BlD, PLEASE COMPLETE FOR:\) AND RETURN TO PROClIREMENT SERVICES NB -] .. STATE OF FLORIDA {~ "':::...~.} ~""~ is. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION \~ ' ... ~! \. ... . .0/ CONSTRUCTION INDUSTRY LICENSING BOARD (8S0) 4 8~7 1395 \A' 5 'ft'/ 1940 NORTH MONROE STREET .....~!?~'!'!~/ TALLAHASSEE FL 32399-0783 BRIDGE MASTERS CONSTRUCTION LLC 1212 CROSSBOW LN TARPON SPRINGS FL 34689 .DE~:;=ID~F BUS::S~2~' """Mj!~' PROFESSIONAL REGULATION QB55038 05/16/07 06070489 QUALIFIED BUSINESS ORGANIZATION BRIDGE MASTERS CONSTRUCTION LLC (NOT A LICENSE TO PERFORM WORK. ALLOWS COMPANY TO DO BUSINESS I IT HAS A LICENSED QUALIFIER.) IS QUALIFIED under the provis.ions of Ch.4' Expiration date, AUG 31, 2009 L070516L DETACH HERE -- -..- AC# 322 2 0 96 STATE OF FLORIDA DEPARTMENT OEBUSINESScAND PROFESSIONAL REGULATION CONSTRUCTIONI-NDUSTRY LICENSING BOARD SEQ#L070S1600lS ~LICENSE NBR .05 16 2007 060704897 QBs5038 The BUSINESS ORGANIZAT~ON Named below IS QUALIFI1!:D Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2009 (THIS IS NOT A LICENSE TO PE~FORM WORK. THIS ALLOWS COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.) BRIDGE MASTERS CONSTRUCTION LLC 1212 CROSSBOW LN TARPON SPRINGS FL 34689 CHARLIE CRIST HOLLY BENSON GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY ---"- -----.--.-.---- \ AC# 3802925 ." :~T ~I~: Pf FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . CONSTRUCTJ:q~~~ I:~trSTRY. LICENSING BOARD SEQ# L08060200663 _ .J.__ '. ; . LICENSE NBR 06 02 2008 078157609 CGC1513586 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2010 VEZYROPOULOS, ANTONIOS I BRIDGE MASTERS CONSTRUCTION LLC I 1212 CROSSBOW LN TARPON SPRINGS FL 34689-2860 : , CHARLIE CRIST CHUCK DRAGO GOVERNOR INTERIM SECRETARY DISPLAY'ASREQUIRED BY LAW Bv~M~0V~CO-naV~Uh1/, LLC. 1212 Crossbow Lane Tarpon Springs, FL 34689 Tel# 727-409-8416 Fax# 727-937-9450 bridgemasters@gmail.com RESUMES GEORGE VEZYROPOULOS 1998-2000 - GLOBAL CONSTRUCTION. lNC. FOREMAN FOR BRIDGE MAINTENANCE 'VIi'ORK CONTACT: GEORGE KALIKANTZAROS 7::' 7 -lJ)4-07hO 2000-2001 SMAKCO. INC MAIN WORKER FOR HOUSE REHABILITATION JOBS CONT ACT: EMMANl JEL KALIOROS - N /1\ (C/\,NNOT HI, LOCATED) 2001-2007 - M & J CONSTRUCTION COMPANY OF PINELLAS COI :NTY FOREMAN FOR CONCRETE REPAIRS & BRlDG[ MAINTENANCE WORK CONT ACT: JAMES BARTZOUKAS 727-93X-6.+ ]X 2007-CURRENTL Y BRIDGE MASTERS CONSTRUCTION. LLC MAIN WORKER FOR CONCRETE REPAIRS IN BRIIXiI:S EFSTATHIOS GLYNATSIS (KEY PERSONNEL) 2002-200] MAILBOX BUILDERS. INC MAIN WORKER FOR STUCCO APPLICATION IN IIOMES CONTACT: TON'!' TSIMOURIS -727-789-'+808 20cn-2()07 - M & J CONSTRUCTION OF PlNELI ,AS COUNTY. INC 2ND FOREMAN FOR CONCRETE REPAIRS & BRlDGF MAINTENANCE WORK CONT ACT: .lAMES BARTZOUKAS 727-93X-64 n 2007-CURRENTL Y BRIDGE MASTERS CONSTRUCTION. LLC KEY WORKER. FOREMAN FOR ALL CONCRL:TE AND STUCCO WORK By~MCC4,t'e-r~C~~L01'\;, LLC 1 21 2 Crossbow Lane Tarpon Springs, FL 34689 Tel# 727-409-8416 Fax# 727-937-9450 bridgemasters@gmail.com ANTON/OS VEZYROPOULOS (CORPORATE SECRETARY) 2002-2003 - ARIS, INC OFFICE WORK, BID PREPARATION, SUBCONTRACTOR MANAGEMENT, ORDERING & DELIVERING MATERIALS TO THE SITE CONTACT - DIMITRIS CHRISTODOULAKIS - N/A (MOVED TO AUSTRALIA, CAN'T BE LOCATED) 2004-2006 - MJM CONSTRUCTION, LLC OFFICE WORK, BID PREPARATION, SUBCONTRACTOR MANAGEMENT, ORDERING & DELIVERING MATERIALS TO THE SITE CONTACT - GEORGE KALIKANTZAROS - 727-934-0760 2007-CURRENTL Y BRIDGE MASTERS CONSTRUCTION, LLC OFFICE WORK, BID PREPARATION, SUPPLIER MANAGEMENT, MAIN POINT OF CONTACT ON .lOBS FOR PAPERWORK NEEDED ^:/KOLAOS VEZYROPOULOS (DIRECTOR) NO PRIOR CONSTRUCTION EXPERIENCE. EXPERIENCE IN PHONE WORK AND SALES. HE ONLY DEALS WITH OFFICE WORK FOR THE COMPANY. BID SUBMITTAL, PLAN ORDERING, ANSWERING PHONE, SENDING FAXES, FINANCIAL TRACKING, BILL PAYMENTS Bv~lvf~eY~C~vuct;"'l.OYI.;, LLC 1212 Crossbow Lane Tarpon Springs, FL 34689 Tel# 727-409-8416 Fax# 727-937-9450 bridgemasters@gmail.com CONTRACTS ON HAND 1. .JOINT REPAIRS IN BREVARD COUNTY ($71,500.0()) WILL START BEGINNING OF .HILY 2008 2. DISTRlcTWIDE PRESSURE WASHING AND PAINTING OF BARRIER WALLS ($229,000.00) WILL START MID JULY 2008 3. REHABILITATION OF INEZ HENDERSON HOUSEHOLD ($57,500.00) IS 950;;) COMPLETE. IT WILL FINISH BY JUNE 20, 2008. The City of Boynton Beach ProcurententServices 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach. Florida 33425-03t 0 Telephone: (561) 742-6310 FAX: (561) 742-6316 ADDENDUM #1 DATE: JUNE 3, 2008 BID TITLE: "REP AIRS TO TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH" BID NUMBER: #049- 2413-08/cJD Thc following changes, additions, deletions, and/or information are hcrcby madc a part of thc Bid for the "REPAIRS TO TWO (2) BRIDGES WITHIN THE CITY OF BOYNTON BEACH" I. Announcement: New bid opening date: June 17th, 2008 2:30pm Conference Room B City Hall- 2nd Floor 2. Question: "What is the specific Scopc of Work"? Response: Thc general "Scope of Work" and thc "Scopc of Projcct" werc listcd in the Bid Documents. In regards to the Coral Drive bridgc (FDOT #935301), the recommended repairs arc listcd on page 9 of 13 (second half) of the report dated 8/22/07. In addition to this shcet, the following needs to be performcd: 1. All signagc to be installed nccds to bc FDOT approvcd. 2. All roadway striping will be latex. 3. Any and all depressions necd to bc corcd to dctcrmine whether or not thcrc arc voids or undermining. If found, fill with any approvcd FDOT QPC products. ~, All 'vegetal ion (other than normal gras:-.) 11l'cds to hl removed from approach areas and \\ ing \\ aI I :.lrc:t' for a distance of 5 teet (minimum) 5. Any and all graffiti tel be removcd li'om hridges. 6. Bridge shall be pressure cleaned. 7 Rcmove tree from southeastcorncr quadrant in thl' wing wall area. X. A II guardrai 1 pancls tn be l'lllTeeted.adj lIstcd pcr FDOT standard, In rcgards to the Velllee Drive briJge (FDOT #().~ 5.~()2). the recommended rcpairs arc listcd on pagc X of 12 (second half) 01 the report dated g/22/()7 In addition to this shcet. the 1()l1owing nceds to bc pcrformcd: 1. All signagc to he installed needs to be FDOT approved, ! All roadway slriping \vill be latex. 3. Any and all depressions need 10 be corcd III deternlinc whethcr or not there arc voids 01 undem1ining. If found, fill with any appnl\ed FDOT QPe products. 4. All vcgetation (other than normal grass) necd:-. t(\ hl' removed from approach areas and 'vying wall area'- !(lr a distance or 5 feet (minimum). 5. An) and all graffiti to be removed from bridge.., 6. Bridge shall be prcssure cleancd. 7. All guardrail panels to bc correctediadjusted pCI' FD( n standard. If any other tasks arc uncovered during thc repair stagc, the (.ity.., Projcct Managcr will havc thc final authority to dclcrminl' what task nceds to be addrcsscd as a part of thc projcct scopc. .., QUESTION: "What are thc specifications of how the work is 10 he done'''> ,) , RESPONSE: The FDOT "Standard Specifications for Road and BridgL' Construetion", 2007 cdition. 4. QlJESTION: "Definc thc aprons on the bridge[s]" RESPONSE: Ten (10) fect from thc cnd bcnt along thc eenterlinc, by thc width of the bridge propcr. 5. QlJESTION: "If depressions in thc roadway/bridgc \varrant coring. 110\\ i:-. thi" to bc done "'.J RESPONSE: If voids are encountered. they shall he filled ,^'ith FD( rri()p(' approved products, 6. QUESTION: "What is the right-of-way width for the bridge"? RESPONSE: The roadway right-of-way (per record plats) is 50 feet. The roadway clearances are noted on page 7 of 13 (front half) ofthc report for the Coral Drive bridge, and on page 6 of 11 (front half) of the report for the Venice Drive bridge. In response to the May 27,2008 letter sent by C.E.M/ Enterprises, Inc., paragraphs # I & #2, needing clarification as to the repairs. Refer to Question #1 above and the corresponding response to same. In regards to paragraph #3, the City's Project Manager shall be the overall authority on what is not delineated sufficient enough in Question # I above and the corrcsponding response to same; refer to the last paragraph of this Response above. In rcsponse to paragraph #4, refer to Question #4 above and the corresponding responsc to same. If further detail is required, the City's Project Manager shall be the overall authority on supplemental requirements for "filling the void". No advance coring has been taken in suspected locations that may be found at these two (2) bridgcs. If further clarification is necessary, please refer to the City's Project Manager, George Mantell, telephone number 742-6990, or the City Engineer, H. David Kelley, Jr., PE/PSM, telephone number 742-6988. Datc --~_.~~ -~ (Name of Bidder. Corporation. Firm or Individual) By Signature Printed Name Title Telephone Number >l~~ ~i.. " Carol Doppler. CPPB Purchasing Agcnt /cjd C: Georgc Mantcll- Project Manager Dave Kelly - City Enginecr City Clerk Shelf copies File - Bank of America ~. Cashier's Check No. 6320412 .iNoir.et~~_~W~~~~~=~~":"'", \'~,,"_(:lji. . .." :. ,.' '" " ,:" . ~~(11""'\:\\ ~ . '.~rJj~:?';~:Ul\t ) !~J'!1;/l\r., ......... /\~~, .~.,JJ ~: ,t "', ' i 'eo.l'sg,:...n T(''eeU104fi .; 1.:;"D*~~~te, ! , '::-/ 1 ' ,," " ," ~' . ~.. :" .. ~ '; .. ':., .. ; ';: ~', ~ " ~ '" . 8 .. ...... ~eInitte(kiurCh<$ed By) . .*2-918 ~ 00....; 1 N .,.'.. $. '. ! ~'II9DOUSIID','I"'IUJDDJrIIGll!II'lOWU lJD,qocmstt:' ~ ." '" '" . .. . i ay ,. , . J:Q .. t >l) 1-'Af~ I ~ To i The. -tcl'ftO! 'BOUTOIBIlClitt c::::::- o., OrdeifU ~ o Of ~- ~ Authorized ':Signature ~ Bank of America, NA VOID AJi'TER90 DAYS, ~ San Antonio, Texas /I- b 31 2 0 ~ . 2 /I- I: . . ~OOOO . ~I: 00 . b ~ .00 20 5 ~ /I- . THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERMARK ON THE BACK THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERMARK ON THE BACK .. . ~ NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of r\ O\U C\c, ) countyQ, v~\\C0 ) fJNTot./i 1.7J l/f 1. '1 f<.~ fuvL.cJ , being ftrst duly sworn, deposes and says that: 1) He is Cotr,~ oFF 1L.f/L of EfLt D LrE f-'\ 1\ ST( R j Ca ;-.1ST (L-\J', alof'J" \..\. <- (Title) (Name of Corporation or Finn) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, proftt or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the C (1'1 \) ~ ~,"/ I>J \b I" '? ( N-tt (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) f(/jJf -~- (Title) t-c j2-f 0 jU't It a \- ~ I L( IL Subscribed and sworn to before me -~ r) ,20~ This -J!i- day of ,~ U c C' My commission expires } '-(0-0 7 , , .~ "-~~"., THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NCA - ] ANTI-KICKBACK AFFIDAVIT STATE OF FWRIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: dlr//7JIVJQS va'! W.oJiAj -1fIII- NAME - SIGNATURE Sworn and subscribed before ~ / this / q' day of lju 'd- ' 20!25L Printed Infonnation: . jl/nfl/lf V€7::1~P.uLc5 NAME Co f-f, !-It TE sf: <:.JZ-€ f#\ Pi TITLE gILt D t(( M..".m \<- 5 u,.J..s ~l c.:n o,J) L~ <- COMPANY ~~ "<< JUDITH A. HALEY i ~ Notary Public, State of Florida My comm expires Jan. 06. 2009 No 00384590 ~~~ "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA-I The City (~l Boynton Beach Procure/IIl!Il! 5;entice., 100 E. Boynton Beach Boulet'ard P. O. Box 310 fjllynllln Beach. F]l1nd~1 .'.'-+:".-111jll Telephone: (561) -./2-63/11 F,J.\": (561) -42-6316 ADDE:\lDUM #1 DATE: JUNE .\. :200X BID TITLE: "'REPAIRS TO TWO (2) BRIDGES WITHI'\T THE CITY OF BOYNTON BEACH" BID '\TlIMBER: #049-2413-08/CJD The follmving changcs, additions, deletions, and/or information arc hcreby madc a part or the Bid for thc "'REPAIRS TO TWO (2) BRIDGES WITHIN THE CITY OF BOY'\TTON BEACH" 1. Announcement: New bid opening date: .June 17th, 2008 2:30pm Conference Room B City Hall- 2nd FloOl' , Question: "What is the specific Scopc of Work",? ~, Response: The gcncral "Scopc of \Vork" and the "Scope of Project" \\cre listcd in Ihc Bid Docllllll'nts, In regards to Ihe Coral Dri\c bridgc (FDOT #9,\530] ), thc rccommcnded repairs arc listcd on page l) or 13 (second half) 0 f thc rcport datcd :-\122/07. In addition 10 thi~ sheet, the following necds to be performed: l. All signagc 10 be inslalled needs to be FDcrl approved. , All roadway striping will be laIC:\. _. , An\' and all deprcssions nced to lx' L'orl'd l(\ .' . determine whether or not therL' arc \oid~ 01 undermining. I I' found. lill \vith all\ appr()\ ed F 1)( n QPe product-.. 4. All vegctation (othcr than normal grass) necds to bc removed from approach areas and wing wall arcas for a distance of 5 feet (minimum). 5. Any and all graffiti to be removed from bridges. 6. Bridge shall be pressure cleaned. 7. Remove tree from south cast comer quadrant in the wing wall arca. 8. All guardrail panels to be correctcd/adjustcd per FDOT standard. In regards to the Venice Drive bridge (FDOT #935302), thc recommended repairs are listed on page 8 of 12 (sccond half) of the report datcd 8/22/07. In addition to this shcet, the following needs to be performed: 1. All signagc to be installed needs to bc FDOT approvcd. 2. All roadway striping will bc latex. 3. Any and all dcpressions nccd to bc corcd to determine whether or not thcrc arc voids or undermining. If found, fill with any approved FDOT QPC products. 4. All vegetation (other than normal grass) nccds to bc removed from approach arcas and wing wall arcas for a distancc of 5 feet (minimum). 5. Any and all graffiti to be removed from bridgcs. 6. Bridgc shall be pressure cleancd. 7. All guardrail panels to be corrcctcd/adjustcd pcr FDOT standard. If any other tasks are uncovcred during thc rcpair stagc, thc City's Project Manager will havc the final authority to determinc what task needs to be addrcssed as a part ofthc project scopc. 3. QUESTION: "What arc the spccifications of how the work is to bc donc"? RESPONSE: The FDOT "Standard Specifications for Road and Bridgc Construction", 2007 edition. 4. QUESTION: "Define thc aprons on thc bridge(sJ" RESPONSE: Ten (10) fcet from the cnd bent along the centerlinc, by thc width of the bridgc proper. 5. QUESTION: "If depressions in thc roadway/bridgc warrant coring, how is this to be donc"? RESPONSE: Ifvoids are encountercd, thcy shall be filled with FDOT/QPC approved products. 6, QUESTION: "What is thc righl-or-way width lor the bridge' , RESPO~SE: Thc roadway right-of-\\ay (per record plats) IS 50 feet. The roadway clearances arc noted on page 7 of L~ (front half) oflhe report for the Coral Drive hridge. and on pagc (, or 11 (li'o11l haJ f) of the rcport for the Venicl' Drive bridge. In response 10 the May 27, 2008 letter scnt hy C'.F.M! Enterprises, Inc.. paragraphs f:-l &. #2, needing clarification as to the repairs. Refer to Question # 1 abo\C and the eorrcsponding rcsponse to samc. In regards to paragraph #3, thc City's Projcct Managcr shall be the overall authority on what is not delineatcd suffieicnt enough in Question #] ahc)\e and the corresponding rcsponse to same; refer to the last paragraph of this Responsc abO\e In response to paragraph #4, refer to Question #4 above and the corrcsponding rcsponse to samc. I f further detai I is required, the City's Project Managcr shall be the 0\ erall authority on supplemcntal requiremcnts for "tilling thc void". No advance coring h~h becn taken in suspccted locations that may be found at these two (.2) bridges If further clarification is necessary, plcase rcfer to thc City's Projcct Manager, Cicorgc Mantell. telephone number 742-6990. or the City Engineer. H. David Kelley. Jr.. PEiPSM. telephone number 742-6988 Date 0 7 -1. '1-0 ~ g tl f) u't it {l- 5 CoN 5> T/AI C Th tVI l..-t.'- (Name of Bidder, tion, Firm or lndividual) By 1t1nNlrJ} yE 1 tf.of!#J~'5 Printcd Name (',P /ZIo M n: o r:-t: I U~/- . Title 7 :~'7 - 'I c'lf -- ?'f / " Tclephone Numbcr f'. ~~ L~ ......... Carol Doppler, CPPB Purchasing Agcnt /cjd C: George Mantcll - Project Manager Dave Kelly - City Engineer City Clerk Shelf copics File BankofAmerica .. Cashier I sCheck ~o. 6320412 iNo't;~ to.iUro~ {1n~'~~h(,tI;is d~ck:j;lps,~.nu~la~,(;~tol~fi.a ~ft " i - ''. "air''!. "lft8 ;. / 'J, :' ' i -'3o,ii:i14Q-- 'statet!lenifand90Jl':y,willtl~tPM will lie r<;lluirMl'no, to rel'l(lceljlent,' 's ." " 'Da~';' . - , - ,I' - - ;( 'Checbh...uld be;negt>tiated In $0 days, 'l ; -..: . ' :\'l'X Ba~,:"~t - - . Cener - J muso, &olOl 006UOU2 Bl1DG1;1l1ftR1COnmCfIOI~Ltc v-, Remitter {Purchased By I :::: *$2918.00** "" N ~t~ lBOUSlIlkJId1lUlDUD IIGIlftJIDOLLUS AJDOOCllfStt :J: ay v-, ~ ~ To i The ..Cln Of ;BOmOJ BUCHtt ~ 1- '" Ordehtt :::: Of ~ _.__..-._._--~------- Authorized Signature Bank of America, N.A_ VOID AFTER 90 DAYS San Antonio, Texas III b ~ 2 0 I... . 2 III I: . .1...0000 . gl: 00 . b I... .00 20 5 I... III . THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERMARK ON THE BACK THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERMARK ON THE BACK . ! ATTENDANCE SHEET FOR RFQ OPENING (Please Print) BID NAME REPAIRS OF TWO (2) BRIDGES WITHIN THE City Of Boynton Beach RFQ NUMBER: 049-2413-08/00 DATE JUNE 17, 2008 TIME: 2:30 P.M. NAME OR GoMl5ANY REPROSENJrATI\lE ADDRESS PAQ~~~U.M6.ER FAX NlJMBER .... .... Cm,$IATE & ZIP W /AREA~~f)},€: c.trOC~~/.1I>l. ~#C~ /1fto Sw 3rt( 5-(. (fYf) ct~ alXf~ ~I fL J3o&'7 Cc,~ f) 1f? -3~Z-3 7J'C, -5~ wesf'C()l{~, :fAc t'cl'" t-T' I1eZ "31?; S. );>:f-;"~ .M; t. W4 Y .5"'-6I-c;gg~2t/21 ::;61 ~~..~ -9'111 tftk W(!7I'-It.- / rL. ':!:rt7/w GlTi-r( aD 1 \. i-J v-., C L-11L( ~U- '~\' )~\ ) , ) a ?I? ~\ latL-(Q I" . 1ct? -l]~7 BC , \,~ ~-L '" . .......' ....I I i''\ ..~ .~ i () ./ ,>' 1 C ( ,(, . L ( f! '-7 / , {J ~j i$vf (~ C I ...\ (1 ,:''J <. \..j '. (If '-(/j \ cfr \ J ., / 'c- t ~\ C .. ~. .. (,,' : I '" v-. ~CAtt.lL <J(-O~+t~~ ~...L \fb~ ll~. N.W. ?2'\'\') AvcJ t. 3<<;~. c87. oo~3 . ~.t \ ~,.t( ('-6--e.;l(.~l 3'3~'-.( J ? Qf.s~{t;,..-h Q.....) VI.-CONSENT AGENDA ITEM 8.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August 19,2008 August 4, 2008 (Noon) D October 21,2008 October 6,2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5,2008 October 20,2008 (Noon) D September 16,2008 September 2, 2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15,2008 (Noon) D December 2,2008 November 17,2008 (Noon) C") D Announcements/Presentations D City Manager's Report g ~~ NATURE OF D Administrative D New Business ~-<~ (i") n AGENDA ITEM ~ Consent Agenda D Legal I :-".~ D Code Compliance & Legal Settlements D UnfInished Business - ~~ D Public Hearing D ~ ui 6 _ 0% (:) ...,., RECOMMENDATION: A motion to multi-award Bid# 057-1412-08/CJD, "ANNUAL SUPPLY qJ. B~ FITTINGS AND ACCESSORIES" on an overall basis to the lowest, most responsive, responsible bidder wNme~1 specifications providing domestic merchandise and can provide commodity in a timely fashion to our warehouse. ::z: Estimated expenditure of $55,000.00. CONTRACT PERIOD: August 20, 2008 to August 19, 2009 EXPLANATION: On July 9, 2008, Procurement Services opened and tabulated Eight (8) proposals for the referenced bid. It is recommended to award this bid to multi-vendors as overall "Low Bidder". The evaluating factors used in determining the award were based on: price, brand name (Domestic Merchandise), vendor minimum shipping, and Warehouse processing time. Michael Dauta, Warehouse Manager, concurs with this recommendation (per memo attached). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewaU_. the best interest of the City. PROGRAM IMP ACT: The purpose of this bid is to secure a source for the supply of brass fittings and accessories to be ordered on an "As Needed" basis and stocked in the warehouse for the use of several departments. FISCAL IMPACT: : INVENTORY ACCOUNT: ESTIMATED EXPENDITURE: 502-00-141-00-0 $55,000.00 Last year's expen<l\ture was: $45,000.00 rder on an "As Needed" basis City Manager's Signature Assistant to City Manager _~ Citr A~f&i, S:\BULLETIN\FORMS\AGENDA I REQUEST FORM.DOC C: Michael Dauta - Warehouse Manager File Shaded Areas designate the lowest, Most responsive, responsible bidder for each item. ~A~ -- ~ ~C-- '~"/. .->- ~-- - .. <... ~- arol Doppler, pur~ MiKe Dauta, Warehouse Manager ANNUAL SUPPLY 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: "T1 r m ;:Q m ::r: 0 G) 3: c 0 en )> z 0 z 3: en z 3! ~ 0 C m ""C z z m C c -I Ro Z ~ m ""C m ;:Q m ""C r en c ;:Q c c 3! Cii 3: ""C !!! ""C WAREHOUSE ""C m r m en z -< ITEM# QTY. COMMODITY # G) 670-060-00003 2 670-060-00004 3 670-060-00005 -- 4 670-060-00006 5 670-060-00007 6 50 670-060-00008 7 25 670-060-00009 8 25 670-060-00010 i .'-- ...---.-,., -.---..---...--...---..---, --~-~ -.----.- I 11 25 - ...- - ...--..--. .u .._~- .--_... ----.-.._-_._-----~--_..__._._._,.~-_._,- _._~----,-".._--- -,.~------ Summary Tabulation Sheet 2005 ANNUAL SUPPL Y 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: "TI r- m m ;0 :I: 0 G) s::: c 0 en )> z 0 z s::: en z '"tI ~ 0 m ;; z C z m C C -I Qo Z ~ m '"tI m ;0 en m '"tI r- C ;0 C c 3! en s::: '"tI ~ '"tI WAREHOUSE '"tI m r- m en z -< ITEM# COMMODITY # G) 12 670-020-00001 13 670-020-00002 14 670-020-00003 670-020-00004 16 670-052-00008 17 670-052-00009 18 670-052-00010 19 670-052-00011 20 670-052-00012 Summary Tabulation Sheet 2005 ANNUAL SUPPLY 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: "T1 r m ::0 m ::I: 0 G> 3: c 0 en )> z 0 z 3: en z "'C ~ 0 C m =0 z z m r 0 -I QO Z )> m m -I ::0 "'C m "'C r en 0 ::0 C c 3! (ij 3: "'C m "'C WAREHOUSE "'C m r m en z -< ITEM# COMMODITY # G> 22 50 23 50 670-052-00003 24 40 670-052-00004 25 50 670-052-00005 26 100 670-052-00006 Summary Tabulation Sheet 2005 ANNUAL SUPPL Y 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: ." r- m ::0 m :I: (') Q s:: c 0 (J) )> z 0 z s:: (J) z ::2 )> 0 m ""C Z r- Z m r- 6 -i Qo Z ~ m ""C m ::0 (J) m ""C r- 0 ::0 c: c: s:: ""C ""C Cii ""C ;; m III r- WAREHOUSE m (J) Z -< ITEM# QTY. COMMODITY # Q 30 100 670-063-00001 31 400 670-063-00002 Summary Tabulation Sheet 2005 ANNUAL SUPPL Y 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: " r m :;tI m G') :I: 0 c: s:: 0 en )> z 0 z s:: en z "tJ )> 0 m "tJ Z C z m C c -I j2Cl Z ~ m "tJ m :;tI m "tJ r en c :;tI c: c: ~ en s:: "tJ !;!! "tJ WAREHOUSE "tJ m r m en z -< ITEM# QTY. COMMODITY # G') 670-004-00001 50 670-004-00002 41 100 670-004-00003 42 25 670-004-00004 43 200 670-004-00005 44 50 670-004-00006 45 50 670-004-00007 46 50 670-004-00008 47 100 670-004-00009 48 50 670-004-00010 Summary Tabulation Sheet 2005 ANNUAL SUPPL Y 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: "T1 r m m :;Q :I: 0 G) s: c 0 en )> z 0 z s: en z "U )> 0 m =u z c z m C c -t RO Z )> m m -t :;Q "U en m "U r C :;Q C C "U en s: "U =u OJ "U WAREHOUSE m Z r m en -< COMMODITY # G) 670-004-00011 670-004-00012 670-004-00013 670-012-00001 670-012-00002 670-012-00003 670-012-00004 670-012-00005 670-012-00006 Summary Tabulation Sheet 2005 ANNUAL SUPPLY 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: 'TI r m ::tI m :I: 0 G) 3: c: 0 en )> z 0 z 3: en z :!! ~ 0 m "tI z C z m C C -l Ro z )> m m -l ::tI "tI m "tI r en c ::tI c: c: :!! en 3: "tI ~ "tI WAREHOUSE "tI m r m en z -< ITEM# QTY. COMMODITY # G) 670-005-00001 670-005-00002 670-005-00003 670-005-00004 Summary Tabulation Sheet 2005 ANNUAL SUPPL Y 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: "11 I"'" m m " ::t 0 (i) s: c 0 en )> z 0 z s: en z :!! )> 0 m "tI Z I"'" Z m I"'" 6 -I RO Z ~ m "tI m " en m "tI I"'" 0 " c C "tI en s: "tI 2! "tI WAREHOUSE ij m I"'" m en z -< ITEM# COMMODITY # (i) 670-001-00005 670-001-00006 670-001-00007 670-001-00008 Summary Tabulation Sheet 2005 ANNUAL SUPPLY 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: 'TI r m ::0 m :I: 0 G) s: c: 0 en )> z 0 z s: en z :B ~ 0 m "'tJ z C z m C c -I RO Z ~ m "'tJ m ::0 en m "'tJ r C ::0 c: c: :B en s: "'tJ 1JJ "'tJ WAREHOUSE "'tJ m Z r m en -< ITEM# QTY. COMMODITY # G) 670-015-00001 670-015-00002 670-015-00003 670-015-00004 670-015-00005 Summary Tabulation Sheet 2005 ANNUAL SUPPL Y 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: "11 r- m :0 m ::I: 0 G> s: c: 0 en > z 0 z s: en z :!! ~ 0 r- m "tI z 6 z m C -l QO z ~ m "tI m :0 en m "tI r- C :0 c: c: :!! en s: "tI m "tI WAREHOUSE "tI m Z r- m en -< ITEM# COMMODITY # G> 93 5 670-009-00001 94 5 670-009-00002 95 5 670-009-00003 96 5 670-009-00004 Summary Tabulation Sheet 2005 ANNUAL SUPPLY 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: "T1 r m m :;0 :I: 0 G) s: c: 0 en )> z 0 z s: en z :!! ~ 0 m "'tI z C z m r C -l RO Z )> m "'tI m -l :;0 en m "'tI r C :;0 c: c: "'tI en s: "'tI OJ "'tI "'tI m r WAREHOUSE m en z -< ITEM# QTY. COMMODITY # G) 670-058-00006 670-058-00002 670-058-00003 Summary Tabulation Sheet 2005 ANNUAL SUPPLY 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: "T1 r- m m :;0 ::I: 0 G') s: c 0 (J) )> z 0 z s: en z J! )> 0 m "U z C z m C c -I go Z ~ m "U m :;0 (J) m "U r- C :;0 C C "U en s: "U OJ "U :;; m r- WAREHOUSE m en Z -< ITEM# QTY. COMMODITY # G') 108 5 670-058-00004 109 5 670-058-00005 110 5 670-058-00008 111 5 670-058-00009 112 20 670-058-00007 113 5 670-058-00010 Summary Tabulation Sheet 2005 ANNUAL SUPPLY 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: ." r m ;;0 m G> J: C1 c: 3: 0 en )> z 0 z 3: en z :B ~ 0 C m "0 z z m C c -l QO Z )> m m -l ;;0 "0 m "0 r en c ;;0 c: c: :B en 3: "0 OJ "0 WAREHOUSE "0 m Z r m en -< QTY. COMMODITY # G> ---- .--- . -.." .-. - ~ <~".. ~ "--"'-<-~. -~-~.--, ,,~ --- .~---- -.-.--- ---+-'-~--'--~-- -- ._-,~ -.--- 10 670-061-00006 5 670-061-00007 5 670-061-00008 5 670-061-00009 Summary Tabulation Sheet 2005 ANNUAL SUPPL Y 2008 OF BRASS FITTINGS AND ACCESSORIES Vendor Name: s:: C/) :I: c: c: c z z C/) C/) 0 -I c: =ti ~ ""D )> ""D m r r -< ~ s:: ~ m -I -I m m ;;0 m ;;0 Qo ~ ~ C/) 0 c: 0 ;;0 ""D ;;0 WAREHOUSE " ""D " C/) r-:: C/) ITEM# COMMODITY # 1 100 670-060-00003 2 50 670-060-00004 3 200 670-060-00005 4 100 670-060-00006 5 100 670-060-00007 6 50 670-060-00008 7 25 670-060-00009 8 25 670-060-00010 9 200 670-060-00011 5 14 10 670-020-00003 17 18 670-052-00010 19 670-052-00011 670-052 -00001 ~~,,~- 22 50 670-052-00002 23 50 670-052-00003 24 40 670-052-00004 25 50 670-052-00005 26 100 670-052-00006 670-052-00007 31 400 .---.---.--,---.-- -~_._~.'.''',-~-~~-,-" 39 100 670-004-00001 40 50 670-004-00002 41 100 670-004-00003 42 25 670-004-00004 43 200 670-004-00005 44 50 670-004-00006 45 50 670-004-00007 46 50 670-004-00008 47 100 670-004-00009 48 50 670-004-00010 49 50 670-004-00011 50 100 670-004-00012 51 50 670-004-00013 670-012-00001 670-012-00002 670-012-00003 670-012-00004 670-012-00005 670-012-00006 83 670-015-00003 84 670-015-00004 85 670-015-00005 670-058-00006 670-058-00002 670-058-00003 670-058-00004 670-058-00005 670-058-00008 670-058-00009 670-058-00007 670-061-00004 670-061-00005 670-061-00006 670-061-00007 670-061-00008 670-061-00009 1 j . / I ';'f ( .~ :'('''' .~~ ;::,.' 1,Y E'1:s: !:!j "\ lO08 The City of ,'.)- L .. .g --" Boynton Beach - ~-d, -- -- v Finance Department WAREHOUSE DIVISION TO: Carol Doppler, Purchasing Agent FROM: Michael Dauta, Warehouse Manager DATE: July 22, 2008 SUBJECT: Brass Bid #057-l4l2-08/CJD I reviewed the tabulation sheet sent from your office. The evaluating factors used were A) Pricing; B) Domestic Merchandise C) Warehouse processing time. My recommendation is a multi-award to overall low vendor. Last year's expenditures were $45,000. This year's expenditures will be an estimated $55,000. The increase is for upcoming projects utilities have planned. Mainline SuppIv Item(s) # 1,2,4,5,6,7,8,9,12,16,17, 19,20,22,24,25,26,35,36,70,79,90,91,92,97,98,99,101, 114, 126, 127 Sunstate Meter & Supply Item(s) # 3,1 0,11, 18,21,27,30,31,33,55,56,58,59,60,93,94,95,96,100,103,104,115,116,117,118,119, 120 Municipal Water Works Item(s) # 13,86,87, Consolidated Pipe & Supply Item(s) # 14,15,23,32,34,39,40,41,42,43,44,45,46,4 7 ,48,49,50,51,52,53,54,57,61,62,63,64,65,66, 67,68,69,73,74,75,76,77,78,80,81,82,83,84,85,88,89, 102,106,108,110,121 Lehman Pipe & Plumbin2 Item(s) # 28,29,71,72 Fer2uson Enterprises Item(s) # 37,38,105,122,123,124,125 HD Supply Waterworks Item(s) # 107,109,111,112,113,128 In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. Consolidated Pipe & Supply 35% Ferguson Enterprises 25% Lehman Pipe & Plumbing 83% Mainline Supply 45% Municipal Water Works 40% Sunstate Meter & Supply 15% CC: Barry Atwood, Director of Finance ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME, ALL OTHER OFFERS SUB MinED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TO 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Alto: MICHAEL GEORGE AnN: JASON MUELLER AnN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 1 100 3/4" MIP X COMPo ADAPTOR FORD #C84-33 670-060-00003 $7.24 $7.17 $7.21 2 50 3/4" X 1" COMPo ADAPTOR FORD #C84-34 670-060-00004 $7.89 $7.94 $7.99 3 200 1" MIP X COMPo ADAPTOR FORD #C84-44 670-060-00005 $8.57 $8.49 $8.55 4 100 1 1/2" MIP X COMPo ADAPTOR FORD #C84-66 670-060-00006 $21.50 $21.25 $21.39 5 100 2" MIP X COMPo ADAPTOR FORD #C84-77 670-060-00007 $31.31 $30.97 $31.17 6 50 3/4" FIP X COMPo ADAPTOR FORD #C14-33 670-060-00008 $7.76 $7.54 $7.58 7 25 3/4" FIP X 1" COMPo ADAPTOR FORD #C14-34 670-060-00009 $9.07 $8.88 $8.94 8 25 1" FIP X COMPo ADAPTOR FORD #C14-44 670-060-00010 $11.10 $10.23 $10.29 9 200 3/4" X 1" ADAPTOR FORD #A24 670-060-00011 NO BID $11.89 $11.97 1" BALL CORP. CC THREAD FORD #FB-1000 Page 1 Brass Fittings Tabulation 08.xls ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMlnED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TO 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE AnN: JASON MUELLER AnN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 WAREHOUSE ITEMII QTY. DESCRIPTON COMMODITY # ._--~= 13 5 1 1/2" BALL CORP. CC THREAD FORD #FB-1000 670-020-00002 $62.31 -.- --- --~,.~~_..~---- 14 10 2" MALE IRON PIPE 670-020-00003 $103.05 ~--"-"-"-"-~-"'.~ ._~- NOBID -. -'" 16 100 3/4" FORD #B41-333W 670-052-00008 $29.00 $28.80 28.98 17 200 1" FORD #B41-444WG 670-052-00009 $43.75 $43.69 $43.96 ._-,.,.~-_..__.~._----_..- 18 10 FIP X METER 3/4" B91-223W 670-052-00010 $18.85 $17.23 $17.34 19 25 BV 3/4" COMP (CTS) X FORD YOKE #B94-223W 670-052-00011 $21 .45 $20.97 $21.09 20 100 BV1" COMP (CTS) X FORD YOKE #B94-344W 670-052-00012 $37.50 $37.24 $38.12 ~~~'~"'~--'-'~~~i!l\1.::;ilI__._~,iIlIJ~'~~-:--1r_'_~..~_~_.-. .~-"'"~~~~~_ ~"' .._____..,_~ j"_'~~'"__._''' ,..... l ~c ~~ ~~~~ 21 50 3/4" FORD #BL 11 ,233W 670-052-00001 $17.47 $17.06 $17.17 M._'.~~__' '~__~_'_~~'~_""~_~._'_" .... _~ . _._...... __ ---- 22 50 3/4" FORD #B11-233W 670-052-00002 $16.53 $16.13 $16.23 ..-- _'__.,'_..U_ _ .____r 23 50 1" FORD #BL 11-344W 670-052-00003 $29.11 '* -.---- -... $33.35 $33.53 -- ----~..- ."".,.~._"M '--," -.. ~~~~~_..,.".". ''''-. 24 40 1" FORD #B11-444WG 670-052-00004 $40,15 ~-----~.~ --- $39.24 $39.48 -,_.._._.._-_.,...,..,,~ .._~-- ""-._-,..~..~.,, - ~-~ "-_._._._-~ Page ..-, nrC1SC~ t~itting~, T,~h( dati(l' n~~ ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMlnED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TO 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Alln: MICHAEL GEORGE AnN: JASON MUELLER AnN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 WAREHOUSE ITEMtI QTY. DESCRIPTON COMMODITY # 25 50 1 1/2" BALL VALVES FIP X FIP #B11-666 670-052-00005 $74.29 $71.57 $72.02 26 100 2" BALL VALVES FIP X FIP #B11-777 670-052-00006 $108.00 $104.67 $106.99 27 5 2" GATE VALVE OPERATING NUT FORD #OT67 670-052-00007 $9.08 $8.79 $8.84 34 400 3/4" X 2 1/2" LONG FORD #C38-23-2.5 35 100 3/4" X 2 1/4" #C38-23-2.25 670-061-00002 36 101 1" X 25/8" LONG FORD #C38-44-2,625 670-061-00003 Page 3 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION. IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS. L TO 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH. FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE A TTN: JASON MUELLER A TTN SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE 5fi1-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 39 100 3/4" X 18" 670-004-00001 $13.11 ~ $16.38 $15.14 40 50 3/4" X 2 670-004-00002 $1.71 .f- $2.10 $1.97 - 41 100 3/4" X4" 670-004.00003 $2.98 11 $3.64 $3.43 ,_'_~L'_____~__~____'__'____'_"'_'____' 42 25 3/4" X 6" 670-004-00004 $4.35 * $5.32 $5.14 43 200 1" X 2" 670-004-00005 $2.46 $3.02 $2.84 44 50 1" X 4" 670-004-00006 $4.17 $5.27 $4.98 -_. _.~ -',. ,.._-_."._._.._---,~." '.__.~-'-'.,-'~" ~,.. ~ 45 50 1" X 6" 670-004-00007 $6.34 * $7.76 $7.33 -"-"'--'- ..- -,., -~~--~~ --. --- ---- 46 50 1 1/2" X 2" 670-004-00008 $4.21 >1 $5.16 $4.86 ---~ ..-.- O_"_~, 47 100 1 1/2" X 4" 670-004-00009 $7.56 --t-- ________. $9.26 ___________ $8.72 . ,,'." -- -.._-..- --~ ,,-,_.~-~._.._._- 48 50 1 1/2" X 6" 670-004-00010 $11.17 $13.64 2.88 -.------.-.-.-.-- -- _._--,,_. +. "-~~--'" ------".. -.-----...---..-. .. ~-~,,~-~ PaQr' HrnS::, r-:ittings T .1bu!atiC" ''\>3 '( !-, ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TD 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE ATTN: JASON MUELLER ATTN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 WAREHOUSE ITEM~ QTY. DESCRIPTON COMMODITY # 49 50 2" X2" 670-004-00011 $5.97 * $7.30 $6.88 50 100 200 X4" 670-004-00012 $9.73 ,;: $11.90 $11.22 51 50 200 X6" 670-004-00013 $14.35 -* $17.56 $16.57 55 200 100 X 3/400 670-012-00001 $3.42 $4.04 $3.83 56 5 1 1/4" X 1" 670-012-00002 $5.84 $6.90 $6.53 57 10 11/2"X1" 670-012-00003 $8.30 $9.79 $9.29 58 20 2" X 3/4" 670-012-00004 $10.24 $12.10 $11.45 59 20 200 X 1" 670-012-00005 $10.24 $12.10 $11.45 60 20 2" X 1 1/200 670-012-00006 $10.24 $12.10 $11 .45 Page 5 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, LTD 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE ATTN: JASON MUELLER ATTN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 _. DESCRIPTON 'AQ7-<;:". " "'-., ----- ._~~~~,...~ '.~~-~~.'~ .- , ,., I. '... ~-" 670-001-00001 -- 670-001-00002 '__n~.'_'=__'~"",~~.__.~~"~~_.'~=~. ~.~~'~'~~.'._"~ 670-001-00003 670-001-00004 -. Pa~r " qf;lS;:: TdLHJI~jtl' F_R "ir~ ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TD 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE ATTN: JASON MUELLER ATTN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 670-015-00001 670-015-00002 670-015-00003 670-015-00004 Page 7 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE fO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TO 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE ATTN: JASON MUELLER ATTN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 DESCRIPTON 93 5 3/4" X 1" "L" COUPLlNG-3/4" FEMALE 670-009-00001 NOBID $10.74 $10.80 COPPER FLAIR X PACK JOINT 1" FD#L04-34 94 5 1" X 1" "L" COUPLING -1" FEMALE 670-009-00002 $22.10 $15.92 $16.02 COPPER FLAIR X PACK JOINT 1" FD#L04-44 95 5 1 1/2" MIP FORD L 84-68 670-009-00003 $35.00 $34.67 $34.88 -- $50,24 $49.68 $50.00 96 5 2 MIP FORD L 84-77 670-009-00004 '"-- Pagp Q RrCls~: filtin~r' ;'1i"Jhti,' rj8 ,,) ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, LTD 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE ATTN: JASON MUELLER ATTN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 3/4" FORD #C44-33 670-010-00001 1" FORD #C44-44 670-010-00002 1 1/2" FORD #C44-66 670-010-00003 2" FORD #C44-77 670-010-00004 Page 9 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." - Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TO 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE ATTN: JASON MUELLER A TTN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 1 1/4" x 4 670-058-00006 $17.19 $14.00 $14.73 3/4" x 3"(3)PIECE DRESSER COMP/GALV.PIPE 670-058-00002 $9.10 $11.00 $11.45 - 3/4" X 6" 670-058-00003 $16.00 $11.00 $7.91 _.. .., 1" X 4" 670-058-00004 $10.13 $12.00 $12.74 1" x 6" 670-058-00005 $16.40 $12.00 $9.00 1 1/2" X 4" 670-058-00008 $14.90 $17.00 $16.39 - 11/2" X6" 670-058-00009 $20.50 $17.00 $12.80 .--,.--~.._~-_. o_._~_ -,~ --- 1 1/4" x 6" 670-058-00007 $17.19 $14.00 $11.24 -- $23.25 ... 2" X6" 670-058-00010 $22.00 $16.71 1 1/2" CUSTOM SETTER - FORD WB66-15B x13 2" CUSTOM SETTER - FORD #WB77-15Bx17 -~-~ Paw' 10 l~rClS:C cd T.;hl!lali' flEi yi'. ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9, 2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, L TO 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE ATTN: JASON MUELLER ATTN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 3/4" X 7" FD#V42-7W 670-061-00004 $42.90 $43.17 3/4" x 12" FD #V42-12W 670-061-00005 $44.96 $45.24 3/4" x 15" FD #V42-15W 670-061-00006 $46.85 $47.15 1" x 10" FD #V44-10W 670-061-00007 $81.92 $82.43 1" x 12" FD #V44-12W 670-061-00008 $83.87 $84.40 1" x 18" FD #V44-18W 670-061-00009 $100.11 $100.75 $177.73 NET PRICING WILL BE QUOTED PER REQUEST Specification check off sheets submitted YES YES YES Page 11 Brass Fittings Tabulation 08.xls ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9, 2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." -.-- Vendors: CONSOLIDATED PIPE & SUPPLY FERGUSON ENTERPRISES HD SUPPLY WATERWORKS, LTD 3010 EUNICE AVE. 2361 NW 22ND STREET 1101 WEST 17TH STREET ORLANDO, FL 32808 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 Attn: MICHAEL GEORGE ATTN: JASON MUELLER ATTN: SUSAN HELMS PHONE: 407-293-2001 PHONE: 954-973-8100 PHONE: 561-848-4396 FAX: 407-293-6522 FAX: 954-960-0095 FAX: 561-845-7267 WAREHOUSE ITEMii QTY. DESCRIPTON COMMODITY # - ,--'.__. -- .__~_r - Anti-Kickback Affidavit Submitted YES YES YES _~___'__._M_. _____ __ ---.-- --------- -- -- f-- .--. Confirmation of Minority YESINOT A MINORITY YESINOT A MINORITY YES/NOT A MINORITY Owned Business Submitted OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS YES YES YES ----.- Confirmation of Drug Free Workplace Submitted --------..-----.,..--.- -.--..--- -- - ---- f------------- -- -.. ~_. Comments Minimum $1,500.00 Original Bid not submitted (2) copies submitted ~~m"~~_"_______.,_ ~_~~__'._m..." ._._ .._.._._ _ ,.,_ - .-- --"""--~--"'_.- ,,- _k " __ __,ou _._ _ ~--~-~-~-~_.-. --- Pagp A") FSf as" [-rHin'l'- r ah: iiati' "t{. ~.;. ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE," Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO. METALLOY INDUSTRIES INC. 230 N.w. 29TH STREET 668 ENTERPRISE DR. P.O. BOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 ATTN: WILLIAM HAHN ATTN: GREG PANAS UK ATTN: GLENN BLUMBERG, JR, PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # 1 100 3/4" MIP X COMPo ADAPTOR FORD #C84-33 670-060-00003 NOBID $6.95 NON-RESPONSIVE 2 50 3/4" X 1" COMPo ADAPTOR FORD #C84-34 670-060-00004 NO BID $7.75 1t DID NOT SUBMIT 3 200 1" MIP X COMPo ADAPTOR FORD #C84-44 670-060-00005 NOBID $8.35 PROPOSAL 4 100 1 1/2" MIP X COMP, ADAPTOR FORD #C84-66 670-060-00006 NOBID $20.60 ~ PRICING 5 100 2" MIP X COMPo ADAPTOR FORD #C84-77 670-060-00007 NOBID $30.00 :; 6 50 3/4" FIP X COMPo ADAPTOR FORD #C14-33 670-060-00008 NOBID $7.30 *' 7 25 3/4" FIP X 1" COMPo ADAPTOR FORD #C14-34 670-060-00009 NOBID $8.75 * 8 25 1" FIP X COMPo ADAPTOR FORD #C14-44 670-060-00010 NOBID $9.98 *' 9 200 3/4" X 1" ADAPTOR FORD #A24 670-060-00011 NOBID $5.90 * 12 50 1" BALL CORP. CC THREAD FORD #FB-1000 670-020-00001 NOBID $29.55 >1 13 5 11/2" BALL CORP. CC THREAD FORD #FB-1000 670-020-00002 NOBID $60.60 Page 1 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9, 2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO. METALLOY INDUSTRIES INC. 230 NW. 29TH STREET 668 ENTERPRISE DR. P.O. BOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 ATTN: WILLIAM HAHN ATTN: GREG PANASUK ATTN: GLENN BLUMBERG, JR. PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 WAREHOUSE TEM#l QTY. DESCRIPTON COMMODITY # 14 10 2" MALE IRON PIPE 670-020-00003 16 100 3/4" FORD #B41-333W 670-052-00008 NOBID $27.98 + 17 200 1" FORD #B41-444WG 670-052-00009 NOBID $42.05 ~ 18 10 FIP X METER 3/4" B91-223W 670-052-00010 NOBID $17.60 19 25 BV 3/4" COMP (CTS) X FORD YOKE #B94-223W 670-052-00011 NOBID $20.35 ~ 20 100 BV1" COMP (CTS) X FORD YOKE #B94-344W 670-052-00012 NOBID $35.60 *' ~i~~~ ~ 'r ~~:~~_o~=__~~. ~~_-=-~ffiOf~~",,~_""~---, ~~&P.~~~,?~I;;:~1r ~~~~~~~~!!Iil!~~~...,---~~'-~~_ ~:t,,/",",_~~, ~~~~m~i~.l:t':l~""-_~i';'~:i&"~~,:,:~~.J~&.H.&.W".:'i(1W~~~ td\1ii~~~.~~_"""t>.~:t:~;;,;~~~~~ 21 50 3/4" FORD #BL 11-233W 670-052-00001 NOBID $17.50 22 50 3/4" FORD #B 11-233W 670-052-00002 NOBID $15.86 *' .-- 23 50 1" FORD #BL 11-344W 670-052-00003 NO BID $30.90 ,-~,-~ - -- -- 24 40 1" FORD #B11-444WG 670-052-00004 NOBID $37.65 L ---.-. - - ---"--~-_.._----_...._-- Paw' " Rras" Fittinq:: T;lbi;latic "\8 ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO. METALLOY INDUSTRIES INC_ 230 NW. 29TH STREET 668 ENTERPRISE DR. P.O. BOX 1150 MIAMI, FL 33127 PORT S1. LUCIE, FL 34986 ALACHUA, FL 32616 A TTN: WILLIAM HAHN ATTN: GREG PANASUK ATTN: GLENN BLUMBERG, JR. PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # 25 50 1 1/2" BALL VALVES FIP X FIP #B11-666 670-052-00005 NOBID $68.25 ~ 26 100 2" BALL VALVES FIP X FIP #B11-777 670-052-00006 NOBID $99.80 ~ 27 5 2" GATE VALVE OPERATING NUT FORD #QT67 670-052-00007 NOBID $8.70 34 400 3/4" X 2 1/2" LONG FORD #C38-23-2.5 670-061-00001 NO BID $4.45 35 100 3/4" X 2 1/4" #C38-23-2,25 670-061-00002 NO BID $4.45 ~ 36 101 1" X 25/8" LONG FORD #C38-44-2.625 670-061-00003 NOBID $6.96 Page 3 Brass Fittings Tabulation 08.xls ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME_ ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO. METALLOY INDUSTRIES INC. 230 NW. 29TH STREET 668 ENTERPRISE DR. P.O. BOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 ATTN: WILLIAM HAHN ATTN: GREG PANASUK ATTN: GLENN BLUMBERG, JR. PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 WAREHOUSE TEMtJ QTY. DESCRIPTON COMMODITY # 39 100 3/4" X 18" 670-004-00001 $15.53 $15.30 40 50 3/4" X 2 670-004-00002 $1.96 $19.85 41 100 3/4" X4" 670-004-00003 $3.43 $3.50 42 25 3/4" X6" 670-004-00004 $5.01 $5.40 --- 43 200 1" X2" 670-004-00005 $2.84 $2.90 ._.~-------- '~<-'._._Y_"~'. 44 50 1" X4" 670-004-00006 $4.96 $5.05 45 50 1" X6" 670-004-00007 $7.31 $7.75 "._~~ ~-" .._-_.._---~ 46 50 11/2" X2" 670-004-00008 $4.85 $5.10 -- -- _.-"---- -.-.. ---...~ .-.~~..~- ~---~~- .- '--~'--'-"----~"~---'. - .~. - 47 100 11/2" X4" 670-004-00009 $8.71 $9.15 -~" . - -.- ~ -- ~ ~ 50 11/2" X6" 670-004-00010 $12.86 $13.85 ~_.~.~____..r"~ ,. ---- -.-,< .~---~<~--- <~_. .._'-~'~-'~~ Pagp ~ q(a~);:) rjttifl~!,~, "Jbl1!atj(, "'F.: ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE," Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO. METALLOY INDUSTRIES INC. 230 N.w. 29TH STREET 668 ENTERPRISE DR. P.O. BOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 ATTN: WILLIAM HAHN ATTN: GREG PANASUK ATTN: GLENN BLUMBERG. JR. PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 WAREHOUSE TEMtI QTY. DESCRIPTON COMMODITY # 49 50 2" X 2" 670-004-00011 $6.87 $7.05 50 100 2" X4" 670-004-00012 $11.20 $12.00 51 50 2" X6" 670-004-00013 $16.53 $17.75 55 200 1" X 3/4" 670-012-00001 $3.69 $3.95 56 5 11/4" X 1" 670-012-00002 $6.29 $7.20 57 10 1 1/2" X 1" 670-012-00003 $8.94 $9.95 58 20 2" X 3/4" 670-012-00004 $11.03 $12.00 59 20 2" X 1" 670-012-00005 $11.03 $12.00 60 20 2" X 1 1/2" 670-012-00006 $11.03 $12.00 61 5 3/4" 670-002-00003 $2.63 $3.46 62 5 1" 670-002-00004 $4.77 $5.35 63 5 1 1/2" 670-002-00006 $11.03 $12.30 64 5 2" 670-002-00007 $18.91 $21.10 Page 5 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO. METALLOY INDUSTRIES INC. 230 NW. 29TH STREET 668 ENTERPRISE DR. P_O. BOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 ATTN: WILLIAM HAHN ATTN: GREG PANASUK ATTN: GLENN BLUMBERG, JR. PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # 77 20 3/4" 670-013-00001 $5.24 $5.85 78 40 1" 670-013-00002 $9.46 $10.50 79 10 1 1/2" 670-013-00003 $18.39 $13.45 -"--.- 80 10 2" 670-013-00004 $30.48 $33.20 I --., Pa~v' c; Brass Fitt!rl~.r.,:. r,~3[_jtll;'-jt;, -)8 X!c ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME_ ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE," Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO. METALLOY INDUSTRIES INC. 230 N.w. 29TH STREET 668 ENTERPRISE DR. P.O. BOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 ATTN: WILLIAM HAHN ATTN: GREG PANASUK A TTN: GLENN BLUMBERG, JR. PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # 81 15 3/4" 670-015-00001 $2.63 $2.95 82 5 1" 670-015-00002 $4.20 $4.75 83 20 1 1/4" 670-015-00003 $5.89 $15.00 84 10 1 1/2" 670-015-00004 $7.36 $8.25 85 20 2" 670-015-00005 $12.07 $13.60 1" X 3/4" X 3/4" #Y44-243 1 1/2" X 1" X 1" #Y44-264 2" # Y44-274 Page 7 Brass Fittings Tabulation 08.xls ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO METALLOY INDUSTRIES INC. 230 NW. 29TH STREET 668 ENTERPRISE DR. P.O. BOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 AnN: WILLIAM HAHN AnN: GREG PANASUK AnN: GLENN BLUMBERG, JR PHONE:305-576-3054 PHONE: 772-408-1960 PHONE 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 --- WAREHOUSE COMMODITY # ~'.'"'-'.:;x:;,ii>it. ~ -""""" _. -~- ",,",,"-" '~." ".'--^..=. \liJ ~~- '.,., .'~.~.~~::- 5 3/4" X 1" "L" COUPLlNG-3/4" FEMALE 670-009-00001 NOBID NOBID COPPER FLAIR X PACK JOINT 1" FD#L04-34 NOBID -.--.. -~~--~---- 94 5 1" X 1" "L" COUPLING -1" FEMALE 670-009-00002 NOBID $16.25 COPPER FLAIR X PACK JOINT 1" FD#L04-44 NOBID $35.60 95 5 1 1/2" MIP FORD L 84-68 670-009-00003 NOBID $51.00 96 5 2 MIP FORD L 84-77 670-009-00004 NOBID 11/4" X4 670-058-00006 3/4" X 3"(3)PIECE DRESSER COMP/GALVPIPE 670-058-00002 .-- 107 " 3/4" X6" 670-058-00003 --~~~ --_..~~~---~ -~-~----~~ -.-.-- -..- . -- - lOR :, 1" X4" 670-058-00004 .~~~- -- - - - Pap" 8 Brass Fittings r;:jhlJlMti {)t{ .~ I':':: ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO. METALLOY INDUSTRIES INC. 230 N.w. 29TH STREET 668 ENTERPRISE DR. P.O. BOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 ATTN: WILLIAM HAHN ATTN: GREG PANASUK ATTN: GLENN BLUMBERG, JR. PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 WAREHOUSE TEMt/ QTY. DESCRIPTON COMMODITY # 109 5 1" X6" 670-058-00005 $12.22 NOBID 110 5 11/2"X4" 670-058-00008 $22.24 NO BID 111 5 11/2"X6" 670-058-00009 $17.36 NO BID 112 20 1 1/4" X 6" 670-058-00007 $15.25 NOBID 113 5 2"X6" 670-058-00010 $22.68 NO BID 116 5 3/4" X 7" FD#V42-7W 670-061-00004 NOBID $42.75 117 5 3/4" X 12" FD #V42-12W 670-061-00005 NOBID $44.78 118 10 3/4" X 15" FD #V42-15W 670-061-00006 NOBID $46.75 119 5 1" X 10" FD #V44-10W 670-061-00007 NOBID $81.60 120 5 1" X 12" FD #V44-12W 670-061-00008 NO BID $83.50 121 5 1" X 18" FD #V44-18W 670-061-00009 NO BID $99.75 Page 9 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." ----- Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO METALLOY INDUSTRIES INC. 230 NW. 29TH STREET 668 ENTERPRISE DR. POBOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 ATTN: WILLIAM HAHN ATTN: GREG PANASUK ATTN: GLENN BLUMBERG, JR. PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 FAX: 305-576-3066 FAX: 772-408-1963 FAX: 386-418-1288 WAREHOUSE DESCRIPTON COMMODITY # Pagp 10 Bras,; Fittin!J:" r;ihul~1tl' i"H--5 ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: LEHMAN PIPE & PLUMBING MAINLINE SUPPLY CO. METALLOY INDUSTRIES INC. 230 N.w. 29TH STREET 668 ENTERPRISE DR. P.O. BOX 1150 MIAMI, FL 33127 PORT ST. LUCIE, FL 34986 ALACHUA, FL 32616 A TTN: WILLIAM HAHN ATTN: GREG PANASUK ATTN: GLENN BLUMBERG, JR. PHONE:305-576-3054 PHONE: 772-408-1960 PHONE: 386-418-1088 Ftu<: 305-576-3066 Ftu<: 772-408-1963 Ftu<: 386-418-1288 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # OFF LIST PRICE 83% *45% Specification check off sheets submitted YES YES Anti-Kickback Affidavit submitted YES Confirmation of Minority INCOMPLETE NOT SUBMITTED Owned Business Submitted Confirmation of Drug Free Workplace Comments AY MCDONALD ONLY Page 11 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONL Y OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: MUNICIPAL WATER WORKS, INC. SUNSTATE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W. NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 1 100 3/4" MIP X COMPo ADAPTOR FORD #C84-33 670-060-00003 $7.19 $7.20 2 50 3/4" X 1" COMPo ADAPTOR FORD #C84-34 670-060-00004 $7.96 $8.00 3 200 1" MIP X COMPo ADAPTOR FORD #C84-44 670-060-00005 $8.53 $8.30 1K 4 100 1 1/2" MIP X COMP_ ADAPTOR FORD #C84-66 670-060-00006 $21.35 $20.70 5 100 2" MIP X COMPo ADAPTOR FORD #C84-77 670-060-00007 $31.12 $30.20 6 50 3/4" FIP X COMP ADAPTOR FORD #C14-33 670-060-00008 $7.56 $7.55 7 25 3/4" FIP X 1" COMPo ADAPTOR FORD #C14-34 670-060-00009 $8.92 $8.90 8 25 1" FIP X COMP_ ADAPTOR FORD #C14-44 670-060-00010 $10.27 $10.30 9 200 3/4" X 1" ADAPTOR FORD #A24 670-060-00011 $5.97 $11.70 50 670-020-00001 I 13 5 1 1/2" BALL CORP. CC THREAD FORD #FB1000 670-020-00002 , .. -.-" ____~ _'_'~__ _ _._,_.___.'._n - . ..-. ----".-. -- --. Par' 1 r~rnc:.."- f iftjntJ'- ..;hld,Jl!" 1M ,(.- ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION. IF ANY ARE HEREBY REJECTED AS LATE:' Vendors: MUNICIPAL WATER WORKS, INC. SUNSTATE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W. NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY. FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 WAREHOUSE TEM#I QTY. DESCRIPTON COMMODITY # 14 10 2" MALE IRON PIPE 670-020-00003 $103.56 $101.50 15 10 2" CC THREAD 670-020-00004 $103.56 $101.50 16 100 3/4" FORD #B41-333W 670-052-00008 $28.93 $28.35 17 200 1" FORD #B41-444WG 670-052-00009 $43.90 $43.00 18 10 FIP X METER 3/4" B91-223W 670-052-00010 $17 .32 $17.00 19 25 BV 3/4" COMP (CTS) X FORD YOKE #B94-223W 670-052-00011 $21.08 $20.65 20 100 BV1" COMP (CTS) X FORD YOKE #B94-344W 670-052-00012 $37.45 $37.00 21 50 3/4" FORD #BL 11-233W 670-052-00001 $17.15 $16.90 :f- 22 50 3/4" FORD #B11-233W 670-052-00002 $16.20 $15.95 23 50 1" FORD #BL 11-344W 670-052-00003 $33.51 $33.00 24 40 1" FORD #B11-444WG 670-052-00004 $39.43 $38.80 Page 2 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: MUNICIPAL WATER WORKS, INC. SUNSTATE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W, NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407..295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # 25 50 1 1/2" BALL VALVES FIP X FIP #B11-666 670-052-00005 $71.92 $70.50 26 100 2" BALL VALVES FIP X FIP #B11-777 670-052-00006 $105.18 $103.05 27 5 2" GATE VALVE OPERATING NUT FORD #OT67 670-052-00007 $8.80 $8.65 1:' 34 400 3/4" X 21/2" LONG FORD #C38-23-2.5 670-061-00001 $4.67 $4.60 35 100 3/4" X 2 1/4" #C38-23-2.25 670-061-00002 $4.67 $4.60 , 16 101 1" X 2 5/8" LONG FORD #C38-44-2 62:; 670-061-00001 $7.20 $7.05 ._--,_.. "-'-'-',-"--.--- " .~--_._,-_.~- .""'-..-- _.~." --.---..-.,-..-- -_..~-_._.__._. Pag<' '< Rr;;l~',~' f';ttijjqc-, ! ;~1~11 i!;Jtlf '1(\ , ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE_" Vendors: MUNICIPAL WATER WORKS, INC. SUNSTATE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W. NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 39 100 3/4" X 18" 670-004-00001 NO BID NO BID 40 50 3/4" X 2 670-004-00002 NO BID NO BID 41 100 3/4" X 4" 670-004-00003 NOBID NO BID 42 25 3/4" X 6" 670-004-00004 NOBID NO BID 43 200 1" X2" 670-004-00005 NOBID NO BID 44 50 1" X 4" 670-004-00006 NO BID NOBID 45 50 1" X6" 670-004-00007 NO BID NOBID 46 50 11/2" X2" 670-004-00008 NOBID NOBID 47 100 11/2" X4" 670-004-00009 NOBID NOBID 48 50 11/2"X6" 670-004-00010 NOBID NOBID Page 4 Brass Fittings Tabulation OB.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: MUNICIPAL WATER WORKS, INC. SUNSTATE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W. NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 WAREHOUSE TEMtl QTY. DESCRIPTON COMMODITY # 49 50 2" X2" 670-004-00011 NOBID NOBID 50 100 2" X4" 670-004.00012 NOBID NO BID 51 50 2" X6" 670-004-00013 NO BID NO BID 1" X 3/4" 670-012-00001 NO BID 11/4"X 1" 670-012-00002 NO BID 11/2" x 1" 670-012-00003 NO BID 2" X 3/4" 670-012-00004 NO BID 2" x 1" 670-012-00005 NO BID 2"X 11/2" 670-012-00006 NO BID 61 5 3/4" 670-002-00003 NOBID NO BID 62 5 1" 670-002-00004 NOBID NOBID 63 5 11/2" 670-002-00006 NOBID NOBID 64 5 2" 670-002-00007 NOBID NOBID Paev C; nra~,~:.. r.jttifl:-J:c' Tabu~at;' "J(3.....!: ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: MUNICIPAL WATER WORKS,INC_ SUNSTATE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W, NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 WAREHOUSE TEM#l QTY. DESCRIPTON COMMODITY # 77 20 3/4" 670-013-00001 NOBID NOBID 78 40 1" 670-013-00002 NOBID NOBID 79 10 1 1/2" 670-013-00003 NO BID NOBID 80 10 2" 670-013-00004 NOBID NOBID Page 6 Brass Fittings Tabulation OB.xls ANNUAL SUPPL Y OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BIO# 057-1412-08/CJO AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: MUNICIPAL WATER WORKS, INC. SUNSTATE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W. NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 WAREHOUSE TEMiJ QTY. DESCRIPTON COMMODITY # 81 15 3/4" 670-015-00001 NO BID $3.60 82 5 1 " 670-015-00002 NOBID $5.75 83 20 1 1/4" 670-015-00003 NOBID NOBID 84 10 11/2" 670-015-00004 NOBID NO BID 85 20 2" 670-015-00005 NO BID NO BID 90 10 1" X 3/4" X 3/4" #Y44-243 670-056-00001 91 25 1 1/2" X 1" X 1" #Y44-264 670-056-00002 92 15 2" # Y44-274 670-056-00003 Pa('~ 7 Hr;:]~!"::, T;1b;)!::11" ,IR .i. ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: MUNICIPAL WATER WORKS,INC. SUNSTATE METER & SUPPLY, INC, 3028 MERCY DRIVE 14001 W. NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 WAREHOUSE TEM#! QTY. DESCRIPTON COMMODITY # 3/4" X 1" "L" COUPLlNG-3/4" FEMALE COPPER FLAIR X PACK JOINT 1" FD#L04-34 94 5 1" X 1" "L" COUPLING -1" FEMALE 670-009-00002 $16.00 $15.70 COPPER FLAIR X PACK JOINT 1" FD#L04-44 95 5 1 1/2" MIP FORD L 84-68 670-009-00003 $34.83 $34.15 96 5 2 MIP FORD L 84-77 670-009-00004 $49.93 $48.95 105 20 1 1/4" x 4 670-058-00006 NOBID NOBID 106 20 1 1/4" x 6 670-058-00007 NOBID NOBID 107 5 3/4" X 3"(3)PIECE DRESSER COMP/GALV.PIPE 670-058-00002 NOBID NO BID 108 5 3/4" X 6" 670-058-00003 NOBID NOBID Page 8 Brass Fittings Tabulation 08.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: MUNICIPAL WATER WORKS,INC. SUNST A TE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W. NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 WAREHOUSE TEMil QTY. DESCRIPTON COMMODITY # 109 5 1"X4" 670-058-00004 NOBID NOBID 110 5 1" X6" 670-058-00005 NOBID NO BID 111 5 11/2" X4" 6 7 0-058-00008 NO BID NOBID 112 5 11/2" X6" 670-058-00009 NO BID NOBID 113 5 2"X6" 670-058-00010 NOBID NO BID 3/4" x 7" FD#V42-7W 670-061-00004 $44.00 3/4" x 12" FD #V42-12W 670.061-00005 $46.00 3/4" x 15" FD #V42-15W 670-061-00006 $48.00 1" x 10" FD #V44-10W 670-061-00007 $84.00 1" x 12" FD #V44-12W 670-061-00008 $86.00 1" x 18" FD #V44-18W 670-061-00009 $103.00 Parr '1 i1t ;:--i:-::;<:'; ~-ltlinu,c.; "T'-'11 !iJi;lh' ig .r ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9, 200B BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: MUNICIPAL WATER WORKS, INC. SUNSTATE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W. NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 WAREHOUSE DESCRIPTON COMMODITY # Page 10 Brass Fittings Tabulation OB.xls ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES 2008 BID DUE DATE: JULY 9,2008 BID DUE TIME: 5:00 P.M. OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED TIMELY BID# 057-1412-08/CJD AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Vendors: MUNICIPAL WATER WORKS, INC. SUNST A TE METER & SUPPLY, INC. 3028 MERCY DRIVE 14001 W. NEWBERRY ROAD ORLANDO, FL 32808 NEWBERRY, FL 32669 ATTN: JAMES MATHIS ATTN: AL ELLENBURG TELEPHONE: 407-295-2400 TELEPHONE 1-800-342-3409 FAX: 407-295-2455 FAX 352-332-5604 WAREHOUSE TEMtl aTY. DESCRIPTON COMMODITY # DISCOUNT OFF LIST 40% 15% Specification check off sheets submitted YES YES Anti-Kickback Affidavit submitted YES YES Confirmation of Minority NOT SUBMITTED YESINOT A MINORITY Owned Business Submitted sent in 8/5/08 OWNED BUSINESS Confirmation of Drug Free Workplace NOT SUBMITTED YES Comments _..._._._-_._-,_._~ Page 11 Rras;:; r.!ttinp;c . ,hlli'1l!( \8 vi- VI.-CONSENT AGENDA ITEM 8.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gJ August] 9,2008 August 4, 2008 (Noon) o October 2], 2008 October 6, 2008 (Noon) 0 September 2, 2008 August ]8, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September ] 6, 2008 September 2, 2008 (Noon) o November ]8,2008 November 3, 2008 (Noon) o October 7, 2008 o December 2, 2008 t"') September ]5,2008 (Noon) November ]7, 2008 (NS) ('")::j CO ::j-< ==- -<0 c:: 0 0 (i") ("')"Tl Announcements/Presentations City Manager's Report . .trJ 1'1'l0 NATURE OF 0 Administrative 0 New Business .- :::0-< ~z AGENDA ITEM [gJ Consent Agenda 0 Legal -0 (j) .-j :x 00 0 Code Compliance & Legal Settlements 0 UnfInished Business N ..."z .. .,.,m 0 Public Hearing 0 + -net nJ> - f"I1~ ::z: RECOMMENDATION: A motion to approve a one (1) year extension on Bid#025-1510-05/JA for the "ONE YEAR CONTRACT FOR THE UPGRADE AND MAINTENANCE OF THE NEAX PHONE SYSTEM FOR THE CITY OF BOYNTON BEACH" which was for the current maintenance agreement on our Telephone system awarded to Shared Technologies, of Deerfield Beach, Florida that was approved at the July 5, 2005 Commission meeting in the amount of $34,272.00 for the (Second Extension - Maintenance Only). EXPLANATION: This bid was awarded to SHARED TECHNOLOGIES, OF DEERFIELD, FL. and the agreement allowed for two (2) additional one (1) year extension periods which has expired on July 4, 2008 having exhausted all renewals. The agreement provides for any replacement equipment and an on-site, certified repair technician in the event that our telephone system experiences a component failure. Without this coverage, the City would have to rely on the availability of the repair technicians after resolving contracted-customer issues, thus losing valuable productivity time. Due to the timing of the expiration of our existing maintenance agreement and the requirements for additional telephone equipment for the Fire Station No#5/Emergency Operation Center building, the I.T.S department recommends that the current maintenance agreement with Shared Technologies be extended for 12 months. John McNally, I.T.S. Manager concurs with this recommendation. (See attached Memo. 08-009), dated July 31, 2008. PROGRAM IMP ACT: An extension of our maintenance agreement would allow for continued support of our current telephone system while the I.T.S. Department creates and reviews bid specs for a new telephone maintenance agreement to include telephone equipment to support operations for the Fire Station No#5/Emergency Operation Center Building. The Fire Station No. 5/Emergency Operation Center building will not be ready to receive the new telephone equipment until approximately May/June of 2009 (pending construction delays and completion). ALTERNATIVES: The only alternative would be to go out for a new bid for a maintenance agreement for a one-year period and then we would have to go out again for a new bid for the additional telephone equipment for Fire Station No.5/EOC center as well a new maintenance agreement to service all City locations. FISCAL IMP ACT: BUDGET ACCOUNT: EXPENDITURE: 001-1510-513-46-23 $34,272.00 S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM \ .i / i I 4c4~~ , City Manager's Signature e;,~~ . AssIstant to CIty Manager ~ LffjfJ pm'h.,mgD'P+~ CIty Att ey Fmance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC interoffice ITS Memorandum No. 08-009 MEMORANDUM To: Carol Doppler, Purchasing Agent "!~j r W'r:'f r1 \/, D; $:...);1 From: John McNally, I.T.S. Manager AUG 0 1 2008 f'k'(," ", .'., , Re: Shared Technologies Maintenance Agreement Extension . ., '"~' "",'ViCEo Date: July 31, 2008 The City of Boynton Beach's telephone equipment is currently covered by a support and maintenance agreement with Shared Technologies. This agreement provides for any replacement equipment and an on-site, certified repair technician in the event that our telephone system experiences a component failure. Without this coverage, the City would have to rely on the availability of the repair technicians after resolving contracted-customer issues, thus losing valuable productivity time. The current telephone system maintenance agreement was awarded to Shared Technologies as the result of an open bid process in 2005. The agreement was extended for two one-year renewals, and covers maintenance through July 4, 2008. Due to the timing of the expiration of our existing maintenance agreement and the requirements for additional telephone equipment for the FS5/EOC building, the I.T.S. department respectfully recommends that the current maintenance agreement with Shared Technologies be extended for 12 additional months. The following criteria should be used in consideration of our request for a 12 month extension of the current telephone maintenance agreement: . An extension of our maintenance agreement allows for continued support of our current telephone system while the LT.S. Department creates and reviews bid specs for the renewal of our telephone maintenance agreement to include telephone equipment to support operations for the Fire Station #5/Emergency Operation Center (FS5/EOC) building. . The FS5/EOC building will require a new telephone system capable of 'surviving' on its own (independent of City Hall) in the event the buildings lose interconnectivity. Existing support and daily operations will also require the system to be fully compatible and integrated with the current telephone system (similar handsets, dialing features, etc). . The FS5/EOC building will not be ready to receive the new telephone equipment until approximately May/June of 2009 (pending construction delays and completion). Memorandum #08-009 Page..' 01 July 31. 2008 Telephone system vendor price quotes are valid for approximately 30 to 90 days. making it difficult to hold a vendor to a price quoted 6 to 12 months prior. . It is our recommendation to select one vendor for the purchase of the new telephone equipment for the FS5/EOC building and maintenance for our existing s:'stem, . Funding for the extension of the existing telephone maintenance agreement is available in account # 001-1510-513.46-23. C: Lori La V erriere, Assistant City Manager Cathy McDeavitt, Assistant to the Director of 1. T. S. Carlos Aiken, Senior G.I.S. Network Administrator 08/01/2008 13: 21 9724525805 ~;HhRED TEC:H PAGE E': 0C/P.llnSB8 12:39 5t.1742~:jl;; BOyt.JTQt-.l ,f;lCH FINANCE PtlGE Z:~ PncIUMl-..at Sat-vi'* 100 S. ~too &.eh &uJer.rud 'p.O. B~JU) ~...BH_ FJorid. S84'S'(MJO 7Wephon. No! (U1) 1Q'8t!UJ FAX: {fj.r;1J 9412o-UI6 1 une 26, 2008 Shared Technologies 6466 N.W. 5dl Way Ft. La.ud.erdal.e, Fl 33309 Attn: Betsy Baker BlD NAME; .'ONE YEAR. CONTRAC'l' FOR THE UPGRADE AND MAINTENAL"lfCE OF THE NEAX PHONE SYSTEM FOR TIm CITY 0' BOYNTON BEACH" BID NUMBEIl: #O%6-1S10-08/JA Dear Ms. Baker; The referenced bid expires on July 4, 2008, We would like to elCtend the C'lltt'et1t BID tor an additional year a.t the same terms and conditions. A new Bid for the PBX Maintenance of our existing equipment, t\s well as additional equipment for a new Fire StationIBOC will be processed in the Spring/Summer 2009. At that time we will invite you to bid. We appreciate}lOur quality service, therefore, if you agree, the current contract will bo rmewed for an additional year. Pleue indi,ciI-te your responge on the following page and return it to PJ:ocuremertt Servioes at yow earliest cQ%l,venien~. We look forward to continue wcrlcing with }IOu. If you should have any questions, please feel free to oall Janet Allert, Bll.)'er at (561) 742~322. Sincerely, Ija C.athy MoDcavitt - r,T.S. Assistant 1Ci the Dire!:tor 101m McNally-Lt.S, Manager Ceotral File File AJDHJ~ '8 G.!:lI'"Y ~ '/1. Gl.IlIirCI.,UI> U:=:/Dl/:[1[1:; , .~. --I Ij 7~'(.j b2:IE:j::1 __.;:;':C. -38/01,2@09 ~::39 %170::25316 ;;;:::""rCJ.. H -- ;; '}<,c,t'I(:'=" "'c'ss.. BID NAME: "ONE YEAR CONTRACT FOR THE UPGRADE Al'c"D MAINTENANCE OF THE NE,AX PHONE SYSTEM FOR THE CITY OF BO)~ON BEACH" BID :t-.'tJMBER: # O~6-1S10-08lJA As;r.eemcnt between the City cfBoyntcn Boa.ch~ Owner; and Shared T_h"ololriC.3 (CompB.Qy's Na.me) Contrad Renewal Period: July S, 2008 to July 4.2009 / .-L.. Yes, I agree to renew the eJeisting contract under the same Terms and Conditions, and agree to submit II Certificate of mlnU:ance along with this a~mt and will name the City of Boynton Beach as additional insmed. _ No, I do not wish to ren.ew the ccm.tta.ct a.t this time 5{jftft..€.O 7/ECf/N(JU)IiI&.$ ,wC- ~.~ NAME OF COMPANY SIGNATtlRE Be..~ l;14~tE:R- DLr. Cnvtc~fA~ - NAME OF RE RESENTA TIVE TITLE (please print) 8 /[Ior; q 7~ - t.f6;2 - -5ffHJ_ DATE ~ - (AREA CODE) TELEPHONe NtJMBER A.m.u-..,., ~ 0i>1.<P""U' to the Ou)fit~ $i:II.r.~~'.n~'!r /blrferlbidn'4Niho",1i"O REVISED PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: kill L I ~, "2.00:; , The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. TOTAL PROJECT COST FOR THE UPGRADE AND MAINTENANCE OF THE NEAX PHONE SYSTEM TO INCLUDE THE SERVICE AGREEMENT FOR ONE YEAR PRICE FOR FIRST YEAR TO INCLUDE MAINTENANCE, MONITORING AND PARTS $ 167, (;) 7.;1.,00 / PRICE FOR SECOND YEAR TO INCLUDE MAINTENANCE, MONITORING AND PARTS $ Bti. ~7;J.. ()o , PRICE FOR THE THIRD YEAR TO INCLUDE MAINTENANCE, MONITORING AND PARTS $ 3tf, .;) 7;;J,()V , TOTAL PRICE FOR THREE YEARS TO INCLUDE MAINTENANCE, MONITORING, AND PARTS # ~ $ ~3 I h/6,00 , 4 TillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE ALLPRlCES F.O.B. BOYNTON BEACH K Original so marked and two (2) copies of bid submitted ~ All Manufacturer Warranty Infonuation to be Enclosed -X- Schedule of Subcontractors Submitted -4- Specification" Check-off' sheet (Pages 8-12) Submitted ~ es/N 0 K 5% Bid Bond Submitted ~ es/N 0 K References Submitted ~ es/N 0 KAcknowledgement of Add # 1 a es/N 0 Date N~"- /tt; I 10()';/ , -:5 AMt()~rJULO G:,( (S . ~c.., (Name of Bidder, Corporation, Firm or Individual) By By / Signature b eoJt&c- 60;7tliuJI.101 , Printed N aIDe ~UV,A.,II -EkcuTJJt.. Title 5 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 9,r't - 57/- 1603 Telephone Number J: ~ c... ~"1< 0?~ Mary Munro Assistant to the Finance Director /JA cc: John McNalIy- I.T.S Manager Central File File 6 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE ~'" . SHARED .TECHnOL.OaleS TM MAINTENANCE ORDER RECEIVED 1. (a) Customer Premises (each a Service Location): . JUN 1 6 2005 City of Boynton Beach 100 East Boynton Beach Blvd. PROCUREMENT SERViCc," P.O. Box 310 rr-- Boynton Beach, Florida, 33425-0310 Contact Person: John McNally I T Manager 561-742-6070 (b). Customer Billing Address (if different from above): Street Address City State Zip Contact Name and Title (Customer Contact) Contact Phone Contact Fax 2. Maintenance Order Term commences and remains in full force and effect through The Maintenance Order Term shall commence on the date specified above and cover a period of one (1) year, unless a period other than one (1) year is expressly specified above. Either party may tenninate the Agreement or any Maintenance Order or portions thereof, at any time, with or without cause, during the T enn, upon not less than thirty (30) days' prior written notice to the 0 ther party, provided that Customer shall pay in full a II charges for Maintenance Services and any other services rendered by Company through the termination date. After the expiration of the initial Maintenance Order Term, the Maintenance Order Term may be renewed from year-to-year through the execution of a written amendment to the Agreement or this Maintenance Order providing for such extension, which amendment will set forth the tenn of renewal and expiration or tennination of the Agreement or Maintenance Order. 3. EquipmentlCPE: See Addendum "A" Site Event Buffer (SEB) Please check one: o Company provided SEB [gJ Customer provided SEB o No SEB required Additional Conditions: 4. Maintenance Service Rates and Charges: Company will invoice and Customer agrees to pay to Company the Monthly Recurring Charges identified below per Service Location: Total Monthly Recurring Charges $2,096.00 Total Annual Recurring Charges $25,152,00 Total Monthly and Annual Recurring Charges are subject to change based on the number of ports in service. Invoices will be issued by Company monthly (monthly, quarterly, annually or semi-annually). 5. Hours of Service; Platinum Service Guarantee: 5.1 Maintenance Service. Company will use commercially reasonable efforts to respond to Major Failures (as hereinafter defined) within two (2) Business Hours (as hereinafter defined) following notification by Customer Contact and within twenty-four (24) hours (excluding weekends and Company observed holidays) of notification by Customer Contact for all other failures, Response by Company outside of Business Hours will be billed at the hourly MAC Rates set forth in Section 6 below. "Business Hours" means the hours of service under the specific Service Plan that Customer selects below. "Major Failure" means (I) the EquipmenVCPE cannot make or receive any voice or data call; (ii) any of the attendant consoles cannot make or receive any voice or data calls; (iii) twenty percent (20%) or more of either the trunks or stations are inoperable: (Iv) any of the T1 trunks are inoperable; or (v) any Additional Conditions specified above. SHARED TECHNOLOGIES CONFIDENTIAL 1 Maintenance Order (rev042905) 5.2 Service Plan (Please select the plan below): o Basic - (8 hours a day/5 days a week) 8:00 A.M. to 5:00 P.M. Monday through Friday [gI Complete - (8 hours a day/5 days a week) 8:00 A.M. to 5:00 P.M. Monday through Friday, PLUS, FOR MAJOR FAILURES ONLY 5:01 P.M. to 7:59 A.M. Monday through Friday and all day Saturday and Sunday, and Company observed Holidays.. Timeframes are based on local time at Service location. 'Under the Complete Plan, Company will use commercially reasonable efforts to respond to Customer Contact notifications regarding Major Failures within the timeframes specified in Section 5.1 above. 5.3 Company observed holidays are: (i) Company observed holidays in all slates except New York and New Jersey are: . New Year's Day Thanksgiving Day . Memorial Day Day after Thanksgiving . Independence Day Christmas Eve . Labor Day Christmas Day (ii) Company observed holidays in New Jersey are: . New Year's Day Election Day . Presidents Day Veterans Day . Memorial Day Thanksgiving Day . Independence Day Christmas Day . Labor Day (Iii) Company observed holidays in New York are: . New Year's Day Columbus Day . Marlin Luther King Day Election Day . Presidents Day Thanksgiving Day . Memorial Day Day after Thanksgiving Day . Independence Day Christmas Day . Labor Day 5.4 Customer Contact shall report any EquipmenUCPE failures to Company immediately by calling the Shared Technologies National Response Center at 1-800-526-7006. If Customer is a National Account (as determined by Company). Customer shall report any EquipmentlCPE failures to Company immediately by calling 1-800-267-7283. 5.5 Platinum Service Level Guarantee. If. during any month of the Maintenance Order Term identified in Section 2 of this Maintenance Order, Customer is dissatisfied with the Maintenance Services ("Platinum Service Level Guarantee"), then Company will credit Customer for the monthly Maintenance Services charge for such month for the affected Customer Service location subject to the following terms and conditions. If this Agreement covers more than one Customer Service Location, Customer is required to specify at which Customer Service Location Company failed to meet the Platinum Service Level Guarantee and Customerwi/J receive a credit in an amount equal to the monthly Maintenance Services charge for that specific Customer Service Location only. Customer may request the Platinum Service Level Guarantee credit by stating its reasons for its dissatisfaction with the Maintenance Services in writing to Company. The Service Level Guarantee can be requested a maximum of three (3) times per Contract Year per Maintenance Agreement. The Platinum Service Level Guarantee is only available for the Maintenance Services provided pursuant to this Agreement. 6. Labor Rates for Moves, Adds and Changes (MAC): 6.1 In the event Customer desires to move, add or change the configuration of Customer's Equipment, Customer agrees to pay to Company (i) charges for all materialslparts needed to accomplish the work requested, (ii) labor charges for the work required to complete the requested move, add, or change, at Company's hourly rate as set forth below, and (Iii) Company's travel charges incurred with the requested move, add, or change, at Company's hourly rate as set forth below. 6.2 Labor Rates: (i) For all cities other than identified in this Section 6.2(i1): Standard Labor Rate Monday-Friday, 8:00 am.5:00 pm $85.00/hr Overtime Labor Rate Monday-Friday, 5:01 pm-7: 59 am, All day Saturday $127.50/hr (2 hour minimum) Overtime Labor Rate Sunday and Company Holidays $170.00/hr (4 hour minimum) (Ii) For New York and New Jersey: New York (and its five (5) borouahsl: Standard Labor Rate Monday-Friday, 8:00 am-3: 30 pm $125.00/hr Overtime Labor Rate Monday-Friday, 3:31 pm-7: 59 am, All day Saturday $187.50/hr (4 hour minimum) Overtime labor Rate Sunday and Company Holidays $187.50/hr (4 hour minimum) New Jersev: Standard labor Rate Monday-Friday, 8:00 am-4: 30 pm $95.00/hr Overtime labor Rate Monday-Friday, 4:31 pm-7: 59 am, All day Saturday $142.50/hr (2 hour minimum) Overtime Labor Rate Sunday and Company Holidays $190.00/hr (4 hour minimum) SHARED TECHNOLOGIES CONFIDENTIAL 2 Maintenance Order (rev042905) 6.3 'Labor Rates are subject to periodic change by Company, unless otherwise specified in the Agreement. Any change In labor rates may be delivered via invoice insert. Materials/Parts will be billed at current /ist prices at the time such materialslparts are purchased. Customer agrees to pay to Company the MAC Charges identified in this Section 6 for any MAC work performed in accordance with the terms and conditions set forth in the Agreement. This Maintenance Order is subject to all terms and conditions of the Maintenance Agreement, the Master Purchase and Maintenance Agreement and/or the Master Sales and Maintenance Agreement in effect as of the date hereof between Company and Customer. City of Boynton Beach Acknowledgement: (Signature) Name: Title: Date: Shared Technologies Acceptance: ~~/~1-L~ Date: ~ / 1.3 / O~ I , SHARED TECHNOLOGIES CONFIDENTIAL 3 MaintenanceOrder (rev04290S) ti.,;;; SHAReD . .. TeCHnDl.OCileS TM Maintenance Agreement This Maintenance Agreementfor Company Services (as defined below) ("Agreemenf'), is made by and between Shared Technologies Inc., ("Company") and City of Boynton Beach ("Customer"), with offices located at 100 East Boynton Beach Blvd.( P.O. Box 310) Boynton Beach. Florida, 33425..()310. Customer may request and Company or its providing affiliate may install and maintain certain pre-purchased telecommunications equipment at Customer locations within the continental United States as described in the applicable Maintenance Order, PO, and/or other fonns supplied by Company which are submitted by Customer and s ubsequenlly accepted by Company ( collectively a nd individually, the "Company Services"). This Agreement is binding after execution by both parties. Acceptance of this Agreement by Company is subject to Customer meeting Company's credit tenns and conditions, which may be based on commercially available credit reviews and to which Customer hereby consents. This Agreement shall be of no force and effect unless this Agreement is executed by Customer and delivered to Company on or before 1. Definitions. 1.1 "Maintenance Services" means the Company's service offering defined in Section 8 below. 1.2 "Maintenance Order" means an order for Maintenance Services made during the Term of this Agreement, made on the forms supplied by Company, submitted by Customer and subsequently accepted by Company. Such Maintenance Order shall specify the commencement date for such Maintenance Services, installation and maintenance location, port count, and the monthly recurring charges for such Maintenance Services. 1.3 "Purchase Order" or "PO" means Customer's standard purchase order(s) u sed to 0 rder Company Services contemplated herein. The terms and conditions of this Agreement, including any attachments, will supercede all tenns and conditions, other than price (as detennined soiely by Company), type and quantity of equipment and maintenance schedule, set forth in the Customer's PO regardless of the date indicated on the PO. All orders placed by the Customer and all Company Services provided by Company will be subject to (i) acceptance by Company, and (i1) the terms and conditions of this Agreement. In the event of any inconsistency between the tenns in the PO and this Agreement relating to price of equipment, type and quantity of equipment, delivery schedule and delivery instructions, the tenns in this Agreement shall control. 1.4 "Equipment" means the pre-purchased CPE, cables, connectors, andlor software described in the applicable Maintenance Order andlor PO submitted by Customer and subsequently accepted by Company. 1.5 "Premises" means the Equipment installation and maintenance location as identified in the applicable Maintenance Order andlor PO. 1.6 "Customer Change Authorization" or "CCA" means an order, made on fonns supplied by Company, submitted by Customer and subsequently accepted by Company, modifying an existing Maintenance Order or an order for additional services provided by Company to Customer. 2. Term. The tenn of this Agreement shall commence on the date it is fully executed by Company and shall remain in full force and effect through the expiration of any applicable Maintenance Order andlor PO submitted by Customer and subsequently accepted by Company. The term of each Maintenance Order (each a "Maintenance Order Term") shall commence on the date specified therein and cover a period of one (1) year (each a "Contract Year"), unless a period other than one (1) year is expressly specified in the applicable Maintenance Order. After the expiration of the initial Maintenance Order Tenn, the Maintenance Order Term maybe renewed from year-to-year through the execution of a written amendment to this Agreement providing for such extension, which a mendment will set forth the term of renewal a nd expiration or tennination of the Agreement or Maintenance Order Term. The rate for each Contract Year may be increased by no more than five percent (5%) than the previous year, or any other rate specified by Company in writing or by invoice insert. 3. Invoicina and Charaes. 3.1 Company shall submit i nvoice(s) to Customer for a II charges due under this Agreement, inCluding without limitation any installation, shipping, upgrading, and restocking charges. Invoices will be issued by Company monthly (monthly, quarterly, annually or semi- annually). Invoices will be issued in accordance with the applicable Maintenance Order. Customer will pay the amount invoiced upon receipt of invoice. Customer may not withhold payment of any amount invoiced based on abatement, reduction, set-off, defense, counterclaim or recoupment in connection with any past, present or future claim Customer may allege against Company for charges not covered under this Agree'ment or against the manufacturer of any equipment or any other third party. In the event Company does not receive full payment within thirty (30) days of the invoice date, Company, in its sole discretion, may assess an additional charge against Customer in the amount of one and one-half percent (1Yz%) per month or the maximum rate allowed under applicable law, whichever is less, on any unpaid' amounts. Amounts .paid in advance or in excess of the amount invoiced will be applied to outstanding or future invoices; provided, however, that if this Agreement expires or is earlier terminated and there are no outstanding amounts owed or invoiced, any unused portion of the advance or excess payment(s) will be refunded to Customer. 3.2. All charges are exclusive of federal, state and local sales, use, excise, utility and gross receipts taxes, other similar tax-like charges, and tax-related surcharges, which Customer agrees to pay. Taxes based on Company's net income shall be the sole responsibility of Company. I n the event that Customer provides Company with a duly authorized exemption certificate, Company agrees to exempt Customer in accordance with law, effective on the date the exemption certificate is received by Company. 3.3 Failure to remit payment when due may result, upon Customer notification, in interruption or cancellation of Company Services under this Agreement. Customer shall be liable for the payment of all fees and expenses, including attomey's fees, reasonably incurred in collecting, or attempting to collect, any charges owed hereunder. Company may refuse to ship any equipment, provide Maintenance Services 0 r fulfill a Customer Sales Order, Maintenance Order andlor PO for Equipment if 0) Customer provides false infonnation to Company regarding Customer's identity, creditworthiness, or its planned use of the equipment, (Ii) any outstanding balance due for equipment purchased under this A~reement, or (Iii) Company no longer offers the Equipment or provides Maintenance Services on the CPE or other equipment on a commercial baSIS. 4. Confidential Information. To the extent permitted by law, and subject to the Florida Public Records Law, Section 119.07, Florida Statutes, commencing upon Customer's execution of this Agreement and continuing for a period of three (3) years from the termination of this Agreement, each party shall protect as confidential, and shall not disclose to any third party, any Confidential Information received from the disclOS!ng pa~ or olhE:rwise discovered by the receiving party during the Tenn, including, but not limited to, the pricing and terms of this Agreement, and any Information relating to SHARED TECHNOLOGIES CONFIDENTIAL 1 MalntenanceAgmt.02l18/05 the disclosing party's technology, business affairs, and marketing or sales plans (collectively the "Confidential Information"). The parties shall use Confidential Information only for the purpose of this Agreement. The foregoing restrictions on use and disclosure of Confidential Information do not apply to information that: (a) is in the possession of the receiving party at the time of its disclosure and is not otherwise subject to obligations of confidentiality; (b) is or becomes publicly known, through no wrongful act or omission of the receiving party; (c) is received without restriction from a third party free to disclose it without obligation to the disclosing party; (d) is developed independently by the receiving party without reference to the Confidential Information, or (e) is required to be disclosed by law, regulation, or court or govemmental order 5. Limitation of Liability and Limited Warranty. 5.1. Neither party will be deemed to be negligent, at fault or liable in any respect for any deiay or failure in performance resulting from acts of God, war, accidents, labor disputes, strikes, power interruptions or outages or any other cause beyond the reasonable control of the party delayed; provided, however, that such acts or events shall not relieve Customer of its obligation to make payments for invoiced amounts. In no event shall Company be obliged to provide credits for service interruptions to Customer's network telecommunication services. 5.2. Limited Warranty: 5.2.1 During the term of this Agreement, Company warrants that the Equipment will have been installed and maintained in a good and workmanlike manner subject to the limitations set forth in Section 5.2,2 below, 5.2.2 The limited warranty described herein does not include efforts to remedy, repair or replace as a result of: (I) accident or neglect; (ii) problems relating to or residing in other hardware, software or services with which the Equipment is used; (iii) use of the Equipment in an environment, in a manner or for a purpose for which it was not designed; (iv) problems relating to or residing In the power supply or other circuitry, except as provided by Company; and (v) installation, modification, alteration or repair of the Equipment or Software by anyone other than Company or the manufacturer. 5.3. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT, MAINTENANCE SERVICE, ANY OTHER EQUIPMENT OR RELATED PRODUCT, SOFTWARE OR DOCUMENTATiON. COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, iNCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ALLEGED VIOLATIONS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. 5.4. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, TREBLE, SPECIAL. INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS, REVENUE. PROFITS, OR GOODWILL, ARISING IN CONNECTION WITH THtS AGREEMENT, EQUIPMENT, RELATED PRODUCTS, DOCUMENTATION ANDIOR THE INTENDED USE THEREOF, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY OR STRICT LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED,KNEWORSHOULDHAVEKNOWNOFTHE POSSIBILITY OF SUCH DAMAGES. 5.5. WITHOUT LIMITATION OF THE PROVISIONS OF SECTION 5.4 ABOVE, THE TOTAL LIABILITY OF COMPANY, TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (A) DIRECT DAMAGES PROVEN BY CUSTOMER OR (B) THE TOTAL AMOUNTS PAID BY CUSTOMER TO COMPANY FOR THE SPECIFIC PRODUCT OR SERVICE FORMING THE BASIS OF THE CLAIM OR CAUSE OF ACTION FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE. COMPANY SHALL NOT BE LIABLE FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY CUSTOMER'S USE OF REASONABLE DILIGENCE. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. CUSTOMER ACKNOWLEDGES AND ACCEPTS THE REASONABLENESS OF THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY. HOWEVER, NOTHING IN THIS SECTION 5.5 SHALL LIMIT COMPANY'S LIABILITY: (A) IN TORT FOR ITS WILLFUL OR INTENTIONAL MISCONDUCT, OR (B) FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY COMPANY'S NEGLIGENCE, OR (C) LOSS OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY COMPANY'S NEGLIGENCE. 6. Termination. 6.1 Either party may terminate this Agreement for Cause. "Cause" shall mean a breach by the other party of any material provision of this Agreement, provided that written notice of the breach has been given to the breaching party, and the breach has not been cured within thirty (30) days after delivery of such notice, 6.2 Either party may terminate this Agreement or any Maintenance Order or portions thereof, at any time, without cause, during the Term, upon not less than thirty (30) days' prior written notice to the other party, provided that Customer shall pay in full all charges for Maintenance Services and any other services rendered by Company through the termination date. 7. Indemnification. To the extent permitted by law, Customer and Company agree to defend at their expense, indemnify, and hold harmless each other from and against any thlrd party claims, suits, damages and expenses asserted against or incurred by such party ("Indemnitee") a rising 0 ut 0 for relating to bodily injury to or death of any person or loss of or damage to real or tangible personal property or the environment to the extent that such third party claim, suit, damage, or expense was proximately caused by any negligent act or omission on the part of the party from whom indemnity is sought, its agel'lts or employees ("'ndemnifying Party"). Notwithstanding any other provision of this Agreement, the Indemnifying Party shall pay all damages, settlements, expenses and costs, including costs of investigation, c.ourt.c osts and r eason~ble attorneys' fees and costs (including allocable costs of in-house counsel) incurred by the Indemnitee ~s set fo~h In thIS. Sec~on 7, including, without limitation, reasonable attorneys' fees and costs (including allocable costs of in-house counsel) Incurred In enforCing thiS Section 7. 8. Company Responsibilities. , , ' 8.1 Company shall maintain the items 0 f C PE purchased independently by Customer, ass et forth In the applicabl~ Maintenance Order and/or PO, Customer hereby grants Company the exclusive right to maintain such Equipr1Jent during the term of thiS Agreement. 8.2 Company shall provide, on a commercially reasonable basis, maintenance service, as more fully described in Section B.3 ("Maintenance Service"), on the Equipment. In performing its maintenance obligation, Company may, in its discretion, seek and obtain the assistance of contractors or the vendors or manufacturers of the Equipment maintained hereunder. 8.3 Maintenance Service as defined herein, includes the following: 8.3.1 Use commerci~t1y reasonable efforts to isolate any problems with the Equipment and to restore service within the hours set forth in the applicable Maintenance Order andlor PO following receipt of Customer's notification or Company being made aware that the Equipment is inoperative. , 8.3.2 Investigate trouble reports initiated by Customer and repair or replace, at Company's sole discreti?n, any of the EqUipment that fails to meet the manufacturer's published operating specifications for the Equipment during the term of thiS Agreement. 8.4 Maintenance Service shall not include or apply to the following: SHARED TECHNOLOGIES CONFIDENTIAL 2 MalntenanceAgmt.02/18/05 8.4.1 Electrical work external to the Equipment or otherwise considered "in-house wiring". 8.4.2 Repair or replacement of failed equipment caused by factors outside of the Equipment, such as fire, accident, misuse, vandalism, water, lightning, or failure of Customer's Installation Site to conform to manufacturer specifications. 8.4.3 Use of the Equipment for other than the intended purpose. 8.4.4 Repair of damage caused by the maintenance or repairs performed by a person other than a Company employee or person authorized by Company. 8.4.5 Supplies, accessories, painting, or refurbishing of the Equipment. 8.4.6 Relocation, additions, or removal of Equipment, parts, or features not furnished by Company or use of the Equipment with other equipment that fails to conform to manufacturer specifications. 8.4.7 Power or back-up power to or from the Equipment, unless otherwise agreed by the parties in the applicable Maintenance Order. 8.4,8 Any network "tel co" issues. 8.4.9Repair or damage caused by problems relating to or residing in the power supply or other circuitry. In the event Customer requests Company to perform anyone or more of the activities identified in this Section 8.4 and Company agrees to do so, which will be refiected in a CCA or Maintenance Order, signed by both parties, Customer will pay Company the hourly labor MAC Rates set forth in the applicable Maintenance Order or CCA plus any additional charges for parts/materials and travel charges. 8.5 Company provided Site Event Buffer (SEB). Customer may purchase from Shared Technologies, at the price identified in the applicable Sales Order, a new SEB device for use in monitoring of the Customer's telecommunications system related alarms. In the alternative, if requested in the applicable Maintenance Order, and at no additional charge to Customer, Company will provide, at Customer's Premises, a refurbished SES device to be used in the provision of Maintenance Services purchased hereunder. Title to the Company provided SEB will remain with Company. Upon the expiration or earlier termination of Maintenance Services, Customer will allow Company to retrieve the Company provided SEa from Customer Premises. Customer's failure to allow Company to retrieve the Company provided SEB will result in a charge (as determined by Shared Technologies based on the age and condition of the SEB device) to Customer's account for the purchase of such refurbished SEB device. Customer will be responsible for the payment of such charges. Any new SEB purchased by Customer, or SEB owned and provided by Customer, will remain the Customer's property. 9. Customer Responsibilities. Customer's responsibilities and obligations under this Agreement include the following: 9.1 Provide Company and its subcontractors with immediate access (twenty-four (24) hours per day, seven (7) days per week during the Term) to Customer facilities, overhead and under floor cable ducts, Premises and Equipment as may be necessary or useful for Company to meet Company's requirements identified herein. 9.2 Report detected Equipment failures and provide information requested by Company, its subcontractors, or Company's designated point of contact, that is necessary or useful for Company to meet Company's requirements identified herein. 9.3 Obtain, as may be necessary and at Customer's cost, all permits, licenses, variances and other authorizations required by state and local jurisdictions for installation and operation of the Equipment. 9.4 Provide adequate building, space, circuitry, and power in accordance with the standards established by Company for proper installation and operation of the Equipment. 9.5 Ensure that adequate back-up power to the Equipment exists in the event of a . power failure, interruption or outage. 9.6 Ensure that all of Customer's electronic files are adequately duplicated and documented at all times. Company and its subcontractors will not be responsible or liable for Customer's failure to adequately duplicate or document files or for data or files lost during the course of performance of services hereunder. 9.7 Provide a well-lighted and safe working area that complies with all local safety standards and regulations for Company employees and subcontractors. 9.8 Provide Company employees and subcontractors with proper security clearances as required. If security passes are required for the Company employee or subcontractor or the equipment brought with such person, Customer must be available to provide all required badges, passes, etc. at the time the Company employee or subcontractor arrives at the Customer Premises. 9.9 Customer agrees to ensure that any replacement equipment is free of any encumbrances at the time of any exchange. Customer further agrees to remove all external attachments or objects from the unit of equipment to be replaced before the time of exchange. Customer gives up all rights to any such items not removed. 9.10 Provide Company employees and subcontractors all appropriate communications, product and service documentation, installed equipment lists, cabling and equipment locations, configuration and maintenance of any software and any software upgrades or back. ups related to the Equipment. 9.11 Appoint an administrator (the "Customer Contacr) knowledgeable in Customer operational requirements as a point of contact to Company and with the authority to act on Customer's behalf. 9.12 Follow all installation, operation and maintenance instructions provided by the Equipment manufacturer(s). 10. Miscellaneous. 10.1 Subcontractino, Company may subcontract any or all of the work to be performed by and under the terms and conditions of this Agreement. Company will be responsible for the work of such subcontractors and for the fulfillment of the terms and conditions of the Agreement. 10.2 Notices. 10.2.1 Any notices or other communication required to be given to the other party under this Agreement will be given in writing and either (i) delivered in person, (Ii) sent by overnight courier service, properly addressed and prepaid, or (Iii) sent by United States Postal Service certified or registered mail, retum receipt requested, properly addressed and with the correct postage. 10.2.2 Notices to Customer are to be sent to the address set forth on the first page of this Agreement. Notices to Company are to be sent as follows: Shared Technologies Inc., 1405 South Beltline Road, Suite 100, Coppell, TX 75019, Altn: Contract Administration. 10.2.3 Notices will be deemed delivered and effective (i) the day of delivery if in person, {Ii) the day of delivery if sent by courier service or (iii) three (3) business days after the date of mailing. Addresses may be changed by giving written notice in accordance with this Section 10.2. 10.3 Aoplicable Law. This Agreement shall be govemed by and construed in accordance with the substantive laws of the State of Fiorida without regard to its choice or conflicts of law principles. 10.4 Independent Contractor Status. Company's relationship to Customer in the performance of this Agreement is that of an independent contractor. Nothing contained in this Agreement shall be deemed or construed as creating a partnership, j oint venture 0 r fiduciary relationship between Company and Customer. 10.5 Export and Leaal Compliance. 10.5.1. Customer acknowledges that certain equipment, software and technical data that may be provided hereunder may be subject SHARED TECHNOLOGIES CONFIDENTIAL 3 MalntenanceAgmt.02l18105 to export and re-export controls under the U.S. Export Administration Regulations and/or similar regulations of the U.S. or any other country. Customer shall not export or re-export any such equipment. software, technical data or any direct product thereof in violation 0" any such laws. 10.5.2. Customer shall comply with all laws and regulations, including but not limited to import and custom laws and regulations. 10.6 Toll Fraud Disclaimer. Company makes no representation or warranty that the equipment is technically immune from or orevents fraudulent intrusions into andlor unauthorized use of the Equipment (including any interconnection to a long distance network). 10.7 Survival. The rights and responsibilities of the parties hereto under the provisions, which by their nature extend beyond anv such expiration or termination, shall survive expiration or earlier termination of this Agreement. 10.8 Assiqnment. Neither party may assign this Agreement or any of its rights hereunder without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed: provided that Company may assign this Agreement, in whole or in part, or any of its rights hereunder to an affiliate or successor without the written consent of or notification to Customer. 10.9 Use of Service Marks, Trademarks and Name. Neither Company nor Customer shall: (i) use any service mark or trademark of the other party: or (i1) refer to the other party in connection with any advertising, promotion, press release or publication unless it obtains the other party's prior written approval. Under no circumstance shall a party, as a result of this Agreement, obtain any ownership interest or other right in any patents, pending patents applications, trade secrets, copyrights, names, trademarks, tradenames, servicemarks, logos or other intellectual property rights. 10.10 Modifications; Invaliditv: Waiver, Except as otherwise provided herein, modification or amendment to this Agreement shall not be valid or effective unless in writing and signed by both parties hereto. The invalidity or non-enforceability of any particular provision of this Agreement shall not affect the other provisions, which shall be valid and enforceable to the fullest extent permitted by law. No waiver of any of the provisions of this Agreement shall be binding unless it is in writing and signed by the party granting the waiver. No waiver shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, and no waiver shall be deemed, or shall constitute, a continuing waiver, 10.11 Entire Aqreement. This Agreement, and Company accepted Maintenance Order(s}, PO's and/or other forms supplied by Company constitute the entire understanding between the parties concerning the subject matter hereof. No prior or contemporaneous representations, expressions, or agreements, either written or oral, or any handwritten modifications, any course of dealing, usage of trade or course of performance under this or other agreements shall alter the terms of this Agreement. 10.12 SiQnature Authorization. The parties have duly executed and agreed to be bound by this Agreement as evidenced by the signatures of their authorized representatives below. Each party represents and warrants to the other that the signatory identified beneath its name has full authority to execute this Agreement on its behalf, Sha~~~;~ City of Boynton Beach f4!J3/0G' Date Date Betsy Baker Typed or Printed Name Typed or Printed Name Director Contract Administration Title Title SHARED TECHNOLOGIES CONFIDENTIAL 4 MalntenanceAgmlO2/18/05 VI.-CONSENT AGENDA ITEM 8.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gI August 19,2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20,2008 (Noon) C") D September 16, 2008 September 2, 2008 (Noon) D November 18, 2008 November 3, 2008 (N@ O::j =i-< ~ -<0 D October 7, 2008 September 15,2008 (Noon) D December 2, 2008 November 17, 2008 ~n) ("')." r-(Xl , M,O .r:- ?3 -< D ~z: D Announcements/Presentations City Manager's Report ~ ~c; NATURE OF D Administrative D New BusinessN ~.% AGENDA ITEM [gI D .. ""'tal Consent Agenda Legal ::: ~ D Code Compliance & Legal Settlements D Unfinished Business .~ D Public Hearing D RECOMMENDA TION: A Motion to approve a piggy-back of Somers, New York District Bid #5296 for the purchase of a 2009 Sutphen Heavy Duty SL-75 Quint from Sutphen Corporation for the amount of $613,715.88 with the immediate payment option. EXPLANATION: This unit is a direct replacement for unit #801 scheduled for replacement in 07/08. Unit #801 has been in service for 16 years and is now being used in a backup capacity. This unit has met its useful service life for the City of Boynton Beach and is in need of replacement. This new fire apparatus has a 75 foot aerial boom which is consistent with our department's standardization of our fire apparatus to meet the needs of a dynamically changing building profIle within our city limits. The City of Boynton Beach will save $22,963.00 utilizing the early payment option, if payment is received within 30 days of contract signing, as indicated within the contact. If we do not accept this prepayment option the total cost will be $636,678.88. The Sutphen Company is providing a performance bond to protect our early payment funds. PROGRAM IMP ACT: In keeping with our efficient Quint concept, this purchase will ensure that an aerial device is available in each station to meet our increasing demand for complex fire and rescue situations, without doing so at the expense of other city response zones. FISCAL IMP ACT: If payment is received within 30 days of contract signing we will save $22,963.00. If we do not accept this prepayment the total cost will be $636,678.88. Account #: 501-2516-519-6433 Expenditure: $613.715.00 .. .;{;,u.f;:li~ ep City Manager's Signature \- ~ ~ dlehie1e . Purchasing Agent S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach FL Ray Carter, Deputy Fire Chief Operations Boynton Beach Fire Rescue Department 100 E. Boynton Beach Boulevard Boynton Beach. Florida 3343.' Phone. (561) 74:2-633'1 www.bbfrd.org FAX (561) 74:2-6334 E-mail: carterr(a!ci. novntoll-ncachJI. us //7 ,. '" ~. . r/. ,r August 8, 2008 , " To: Carisse Lejeune, Assistant to the City Manager ~ From: Ray Carter, Deputy Fire Chief Re: Cover Memorandum for Agenda Item As requested, please review the included information regarding the purchase of the Sutphen SL-75 Quint (fire apparatus) as described in the agenda request scheduled for the August 19,2008 city commission meeting. A "Quint" is simply a fire apparatus that has been designed and specified in such a manner that it provides five different, but equally important functions needed on the fire ground. Those functions and features include a self-contained pump (greater than 1000 gallon per minute capacity), a hose bed with a full complement of appropriate size fire hose, a self-contained water tank (500 gallons or greater), a full complement of ground ladders, and an aerial device (75ft. ladder that operates as part of the functions of the truck and can flow water from the tip). By combining all of these functions into a single vehicle known as a "Quint", more simultaneous operations can be accomplished using a single vehicle instead of requiring two different vehicles (a ladder truck and a pumper) with their associated crews to complete the same functions. Likewise, the SL-75 that we are purchasing provides these features on a short wheel base chassis that can maneuver in and around our many apartment complexes and limited access facilities that larger fire trucks cannot access. The "Quint Concept" is a response system for fire protection that is designed to take advantage of the "Quint" configuration of the apparatus by placing one "Quint" in every response zone so all five of the functions can be addressed immediately upon arrival of the first unit on the fire ground instead of waiting for units with those capabilities to arrive from other zones. This creates a more efficient use of first arriving resources and minimizes the need to call for outside "mutual aid" to provide for these functions when these units are busy on other responses. The SL-75 is designed to meet all of the NFP A (National Fire Protection Association) standards that speak to fire apparatus design for occupant safety and fire ground function as well as meet all of the features looked at by ISO (Insurance Service Organization) when designating a Public Fire Protection Classification for the purpose of setting insurance premium rates for both commercial and residential properties. The use of this design and response system in our current staffing and response plan afforded us an opportunity to improve our Public Protection Classification to a two (2) this year when ISO assessed our fire protection capabilities. This rating placed Boynton Beach in the top seven tenths of one percent of all fire protection systems rated by the ISO. America's Gateway to the Gulfstream The City of Boynton Beach FL Ray Carter, Deputy Fire Chief Operations BoyntonJJeach Firl/ ~e Department 100 E. Boynton Beach Boulevard Boynton Beach. Florida 33435 Phone: (561) 742-6339 www.bbfrd.org FAX: (561) 742-6334 E-mail: carterr@ci.boynton-beachjl.us The Boynton Beach Fire Rescue Department has been working towards full implementation of the "Quint Concept" for the past eight years through the purchase of these vehicles as the fleet replacement plan called for apparatus to be replaced. The continuation of this program will ensure that this innovative concept continues to be utilized in the best interest of efficient delivery of fire protection services to all of the citizens of Boynton Beach well into the foreseeable future. Should you have any further questions or need additional information, please call and I will be glad to assist you. cc: Carol Doppler, Purchasing Agent William Bingham, Fire Chief Jim Ness, Deputy Fire Chief America's Gateway to the Gulfstream ~ SUTPHEN" E-\MILY OWNED STNCE 1 R9( I Boy ton Beach Fire Rescue Deputy Chief James Ness 100 E. Boy ton Beach Blvd. Boyton Beach, FI. 33435 RE: Performance Bonds. Chief Ness, It is understood that a performance bond will be required as surety for monies down on the purchase of the aerial ladder. Sutphen Corporation will provide a 100% performance bond within 14days of a confirmed purchase order or signed contract from the City of Boyton Beach. ~. Res~;c ~ ~ ~/. ----~ en Creese Director Sales & Marketing Sutphen Corporation JIll. Box 1 ilK Amlin. OH 4:1O()~ Tel 614 889-1005 Toll Free kO() H4H.i)K6() Fax (j 11 kR~J OK7.' Weh www.slltphen.colll Email ~lli.phen@sut]llwJlco]"p cow . ~ SUTPHEN" FAMILY OWNED SINCE 1890 Boy ton Beach Fire Rescue Deputy Chief James Ness 100 E. Boyton Beach Blvd. Boyton Beach, FI. 33435 Chief Ness, This letter shall seNe to modify language in our purchase agreement with Somers Fire District of Somers, NY for the purchase a Sutphen model SL75 Aerial Ladder for use a "Piggy Back Order" for the City of Boyton Beach. The following Language shall be used with respect to Boy ton's purchase: This Agreement shall be governed and controlled as to interpretation, enforcement, validity, construction, effect and in all other respects by the laws, statutes and decisions of the State of Florida. Exclusive jurisdiction and venue for any litigation at all related to this Agreement, directly or indirectly, based upon contract, tort, or other theory of law, shall lie in the Palm Beach County Court of Common Pleas, and the parties hereto consent and submit to the general jurisdiction of this court. All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by Sutphen, Purchaser, their successors and assigns. Respe I~ / ~ ,1/ ~ en Creese Director Sales & Marketing Sutphen Corporation PO. Box 158 Amlin, OH 48002 Tel 614 889-1005 Toll Free 800848-5860 Fax 614 889-0874 Web www.sutphen.com Email sutphen@suiphencorp.com . s , P~'~F',~r~', ~ ".' '~r(.": ,'" "0' ".!~ ".." ' ~'~U7 a ~V'JA'~~ :i '.1 ~ Date: July 1, 2008 " I Boynton Beach Fire Dept , Attn: Deputy Chief Ray Carter ; 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 FOR YOUR REVIEW: We hereby propose and agree to furnish the following fire fighting apparatus upon your acceptance of this proposal: One (or more) Sutphen Heavy Dut)' SL-75 Quint(s) Complete and Delivered Each for the Sum of................$ 636~678.88 If you pay 25% down within 30days of signing the contract, please Deduct: $ 8,93733 Net Price with 25% down: $ 627,741.55 If you pay 100% down within 30days of signing the contract, please Deduct: $ 22,963.0C Net Price with 100% down: $ 613,715.88 t Apparatus will be manufactured completely in accordance to the following proposal and delivered approximately 11-13 months after approval of contract, subject to delays from all causes beyond our control. Unless accepted within 60 days from this date, the right is reserved to withdraw this proposal. David Stonitsch 1 Sales Representative 1 , r j !i " ~ p I 2-d 9i:r2S-0SS-SE2 40S~IUO~S plf\ea d22:EO 80 60 Tnr ~ COMPARISON FROM SOMERS FIRE DISTRICT, NY TO BOYNTON BEAC Item Somers NY Boynton Beach Bid Price $ 667,000.00 73" Cab with 1 0" raised Rood $ 3,540.63 Additional Air Horn Foot Switch $ (63.62) Computer Tray in lieu glove box $ 1 03.00 Map Box $ 464.61 EMS Cabinet $ 1,547.50 .,. 320 amp Alternator $ 583.22 Automatic Tire Chains $ (2,100.00) 1r'" Treadplate Cover for Front Bumper $ 58.06 Bumper Through Divider $ (300.00) Detriot Series 60515 hp Engine $ 2,662.55 -'J Rear Cab Door Handrails $ 265.10 I:- (3) 12 V Power Points $ 174.24 Dark Window Tint $ 400.00 * Alternating Flashing Headlamps $ 174.23 ~ Electric Drivers Seat $ 282.00 Seat Belt Warning System w/Light $ (1,000.00) .:fr. Secure All SCBA Brackets $ 750.00 Front Tires Goodyear $ (232.30) Rear Tires GoodYear Hwy $ (578.31) Waterous 2-Stage Pump $ (6,407.58) _ Zinc Anodes for Pump $ 152.70 Pressure Control Waterous $ (1,122.24) Elkhart Unibody Valves $ 3,000.00 2-1/2" Right Side Inlet $ (290.40) 2-1/2" Left Side Inlet $ (290.40) Front Suction $ (4,625.36) Swivel for Front Suction $ (929.20) (1) 2-1/2" and (1) 4" Right Side Discharge $ 1,527.56 4" Right Rear Discharge $ (1,568.03) 2" Left Front Hose bed $ (580.76) Air Chuck on Pump Panel $ (373.56) . Foam System $ 4,123.63 . 30 gal Foam Tank: $ 1,306.70 Foam Gauge $ 577 .25 2-1/2" Tank Fill $ (522.68) Whelen PST ANK water level $ (1,030.00) Pac Trae $ (8,081.40) -I< Turtle Tile $ 1,115.16 . Rescue Body Double High Sides $ 3,757.50 - Credit (2) Shelves $ (522.68) (2) additional roll out trays $ 1,161.52 Right Running Board Through $ 348.45 Additional LED in Compt $ (1,300.00) Install Radio $ (795.29) Credit Install (2) additional antennas $ (456.74) Rear Vision Camera $ (1,923.40) Credit (2) Mini LED Light Bars $ (2,700.00) David Clark. Intercom System $ 5,993.39 . Onan 15kw in lieu of 10kw generator $ (3,727.08) Credit (2) 11 Ov Outlets $ (464.60) Paint Stainless Steel Body $ (8,000.00) Credit (2) Maltese Cross Emblems $ (1,710.20) Credit Chevron Stripe on Rear $ (1,500.00) Large Boom Sign $ 600.00 . Credit Physio Control LifePac $ (9,000.00) 110 Volt up Ladder $ 1,742.27 Stokes Basket on Boom Base $ 1,638.00 . Credit Inspection Trips Overage $ (6,000.00) Credit Federal PA 300 siren $ (175.06) TOTAL $ (30,321.62) $ 636,678.38 \8 9 PROPOSAL FOR THE BOYNTON BEACH FIRE DEPARTMENT BOYNTON BEACH, FL FORA SUTPHEN SL-75 FT QUINT ~ SUTPHEN' Boynton Beach Fire Rescue TABLE OF CONTENTS INTENT OF SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 QUALITY AND WORKMANSHIP ............. ..... ... .........6 PERFORMANCE TESTS AND REQUIREMENTS . . . . . . . . . . . . . . . . . . .6 FAILURE TO MEET TESTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 EXCEPTIONS TO SPECIFICATIONS ! .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ' GENERAL CONSTRUCTION .................................8 DELIVERY REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 PURCHASER RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 U. S . A. MANUFACTURER .................................. 8 MANUFACTURER'S EXPERIENCE. .......... ............ .....8 ELIMINATION OF DIVIDED RESPONSIBILITY . . . . . . . . . . . . . . . .8 FAMA COMPLIANCE ...................................... 9 PRE-CONSTRUCTION CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . .10 INSPECTION TRIPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 CHASSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 ALUMINUM CAB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 CAB DES IGN .......................................... 1 C CAB DIMENSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 CAB MOUNT ING ........................................ 11 INTERIOR ............................................1] FENDER CROWNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 GRILLE ..............................................12 CAB INSULATION ......................................12 ROOF DESIGN .........................................12 DIAMOND PLATE, CAB ROOF ............................. 12 DOORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 EXTERIOR GLASS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. It It ,. .. .. .. .. .. .. .. .. .. .. 1:?, POWER WINDOWS '1 ':I .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ...J.....,J SUN VISORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 CAB TILT SYSTEM .....................................13 CAB STRUCTURAL INTEGRITY . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 MANUAL CAB LIFT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 COMPUTER TRAY i c:. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. It .. .. ....i...-..J MAP BOX ............................................. 1 5 EMS CABINET ......................................... 15 DOOR PANELS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:; DOOR REFLECTIVE MATERIAL .. ...... .... ............... .15 CAB ACCESSORY FUSE PANEL ............................1:0) AIR HORNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1(: ALTERNATOR .......................................... 16 FRONT AXLE ..........................................16 FRONT SHOCK ABSORBERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 REAR AXLE ........................................... 1 6 TOP SPEED ........................................... 16 BATTERIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 BATTERY CHARGING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 '7 1 ~ SUTPHEN" Boynton Beach Fire Rescue BATTERY JUMPER TERMINAL ............................. 1 7 BRAKE WARRANTY ...................................... 18 AIR BRAKE SySTEM................................... .18 AIR BRAKING ABS SYSTEM ..............................19 BUMPER .............................................. 19 DIAMOND PLATE BUMPER LI D ............................ 19 STORAGE WELL COMPARTMENT ............................20 COOLING SySTEM..................................... .20 RAD IATOR ............................................ 20 COOLANT ............................................. 20 HOSES & CLAMPS..................................... .20 CHARGE AIR COOLER ...................................20 FAN ................................................. 21 SURGE TANK ..........................................21 DRlVELINE ...........................................21 ENG INE ENCLOS URE .................................... 21 ENGINE ..............................................22 ENGINE WARRANTY .....................................22 AIR COMPRESSOR ......................................22 STARTER .............................................22 FUEL FILTERS ........................................22 EXHAUST SYSTEM ......................................22 AIR CLEANER/INTAKE ..................................22 ENG INE BRAKE ........................................ 23 FRAME ............................................... 23 FUE L TANK ........................................... 2 3 CAB HANDRAILS ....................................... 24 CAB DOOR HANDRAILS ..................................24 HEATER/DEFROSTER/AIR CONDITIONING CONTROLS ..........25 WINDOW TINT .........................................25 LOAD MANAGER ........................................ 25 AUTOMATIC HIGH IDLE ACTIVATION .............. ...... ..25 INSTRUMENT PANEL ....................................26 ENGINE WARNING SYSTEM ...............................28 WIRING .............................................. 28 DOOR AJAR INDICATION ................................28 MASTER ELECTRICAL PANEL .............................29 PUMP SHIFT MODULE ...................................30 AUXILIARY POWER POINT ...............................30 INTERIOR........................................... .30 LIGHTING CAB EXTERIOR ...............................30 ALTERNATING HEAD LAMP ............................... 30 HAND HELD SPOTLIGHT .................................30 LIGHTING CAB INTERIOR ...............................30 LIGHTING CREW CAB INTERIOR ..........................31 MIRRORS ............................................. 31 DRIVER'S SEAT .......................................31 OFFICER'S SEAT ......................................31 CREW SEATS ..........................................32 2 ~ SUTPHEN' Boynton Beach Fire Rescue SCBA BOTTLE BRACKET . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . .32 STEERING ................. . . . . . . . . . . . . . . . . . . . . . . . . . .33 FRONT TIRES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 FRONT HUB COVERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 REAR HUB COVERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 REAR TIRES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 MUD FLAPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 WHEELS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 TRANSMISSION ........................................34 TRANSMISSION FLUID ..................................35 TRANSMISSION SHIFTER ................................35 FRONT TURN SIGNALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 WHEELBASE ........................................... 35 WINDSHIELD WIPERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 MISCELLANEOUS CHASSIS EQUIPMENT. ........ ...... .... ..35 PUMP TRANSFER CASE ..................................36 PRIMING SYSTEM (TRIDENT AIR PRIMER) . . . . . . . . . . . . . . . . .37 PUMP ANODE ..........................................37 PUMP CERTIFICATION ..................................37 THREAD TERMINATION ..................................37 PRESSURE GOVERNOR ...................................38 INT AKE REL I E F ....................................... 38 AUXILIARY COOLER .................................... 38 VALVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 VALVE WARRANTY ......................................38 PUMP CONNECTIONS ':<(< .... .. .. .. .. .. .. ~ ~ .. .. .. .. .... .. .. .. .. .. .." .. .. " .. ~ .... .. ~ .. .. ~ .. J~ 6" PUMP INLETS . . . . .. . . . . . .. .. . . . . . . .. .. . . . .. . . . . .. . .39 2-1/2" RIGHT SIDE INLET . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 2-1/2" LEFT SIDE INLET . . .. . ... .. ... .. .. . . . .. . . . . . . . .39 TANK TO PUMP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 OUT LET S ............................................. 3 9 2-1/2" LEFT SIDE DISCHARGES . . . . . . . . . . . . . . . . . . . . . . . . .40 2-1/2" RIGHT SIDE DISCHARGES . . . . . . . . . . . . . . . . . . . . . . . .40 ADAPTER ............................................. 40 4" OUTLET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 2-1/2" OUTLET LEFT HOSE BED. .... ... ...... ..... ..... .40 FRONT BUMPER DISCHARGE ..............................41 CROSSLAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 CROSSLAY COVER.......... . . . . .. .. . .. . . ... . . .. .. . . . . . .41 TANK FILL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 FOAM SYSTEM .........................................41 FOAM TANK ........................................... 4], PUMP &~D GAUGE PANELS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 VALVE CONTROLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ESCUTCHEON PLATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 COLOR CODING ........................................ 42 PUMP PANEL LIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 PUMP PANEL GAUGES AND CONTROLS . . . . . . . . . . . . . . . . . . . . . .4:3 4" 1-1ASTER GAUGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 3 ~ SUTPHEN" Boynton Beach Fire Rescue 2-1/2" PRESSURE GAUGES ..............................43 WATER TANK LEVEL GAUGE .......... ....................43 CLASS A FOAM TANK LEVEL GAUGE .......................44 APPARATUS BODY ...................................... 44 BODY SUBFRAME ....................................... 45 ROLL-UP COMPARTMENT DOORS. ..........................45 PAINTED ROLL-UP DOORS ...............................46 SCBA CYLINDER COMPARTMENTS ..........................46 COMPARTMENT MATTING ... .......... ........ ...... ......46 REAR STEP COMPARTMENTATION ..........................46 COMPARTMENTATION LEFT SIDE ..........................46 COMPARTMENTATION RIGHT SIDE .........................47 ADJUSTABLE SHELVES ..................................47 ADJUSTABLE VERTICAL SLIDE-OUT PANEL .................47 600# SLIDE-MASTER TRAYS .............................47 HOS E BED ............................................ 48 HOS E BED DIVI DER .................................... 48 HOSE BED COVER ......................................48 HANDRAILS AND STEPS ................................. 48 RUB RAI LS ........................................... 4 8 ALUMINUM TREAD PLATE ................................. 49 RUNNING BOARD TROUGH ................................ 49 BOOSTER TANK ........................................49 ELECTRIC SySTEM.................................... .50 BACK-UP ALARM .......................................51 COMMUNICATION SYSTEM ................................51 COMPARTMENT LIG .....................................51 ELECTRICAL PROVISION ................................52 ANTENNA MOUNTING ....................................52 LICENSE PLATE BRACKET ...............................52 TAIL/STOP /TURN LIGHTS ...............................52 LED ICC/MARKER LIGHTS ...............................52 STEP LIGHTS .........................................52 GROUND LIGHTING .....................................52 WORK LIGHT S ......................................... 53 OPTICAL WARNING SYSTEM ..............................53 UPPER LEVEL WARNING DEVICES .........................53 LOWER LEVEL WARNING DEVICES ........................ .53 SIREN ............................................... 54 FEDERAL Q2B SIREN ...................................54 SIREN SPEAKER ....................................... 5 4 GENERATOR ........................................... 54 120-VOLT OUTLET.................................... .55 LIGHT SWITCH ........................................55 BREAKER BOX ......................................... 55 QUARTZ LIGHT BROW 750WATT FOCUS ............. ........56 QUARTZ LIGHT 750WATT FOCUS ..........................56 QUARTZ LIGHT 750WATT FOCUS ..........................56 CORD REEL ........................................... 57 4 ~ SUTPHEN' Boynton Beach Fire Rescue FOUR WAY RECEPTACLE .................................57 GROUND LADDERS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 57 LADDER MOUNTING .....................................57 PAINTING ............................................58 LETTERING ........................................... 59 STRIPING ............................................59 BOOM SIGN ...............,...........................59 BOOM SIGN LETTERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 MISCELLANEOUS EQUIPMENT FURNISHED ... .... ....... .... .59 WHEEL CHOCKS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. 59 AERIAL DEVICE - MIDSHIP MOUNTED .... .......... ..... .60 CONSTRUCTION STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 CONSTRUCTION ........................................60 AERIAL EGRESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 FOLDING STEPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 LADDER TRAVEL SUPPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 LIFTING CYLINDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 EXTENSION/RETRACTION SySTEM......................... 61 HYDRAULICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 AUXILIARY HYDRAULIC POWER..... ....... ... ...... ..... .62 INTERLOCK ...........................................63 ELECTRIC SWIVEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 TURNTABLE ...........................................63 TURNTABLE BEARING ................................... 64 TURNTABLE SUPPORT ...................................64 OUTRIGGER JACKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 BOOM CONTROLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 INCLINOMETER ........................................6::, CENTRALIZED CONTROLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 AERIAL DATA PLAQUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. . ES OPERATIONAL TEST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 WATERWAY ............................................ 66 FLOWMINDER .......................................... 66 AERIAL SPOT LIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 MONITOR/NOZZLE ......................................67 INTERCOM ............................................67 ELECTRIC UP THE LADDER .... .... ....... .............. .67 STOKES RACK .........................................67 OPERATION AND SERVICE MANUALS . . . . . . . . . . . . . . . . . . . . . . .67 WARRANTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 DELIVERY ............................................68 MANUFACTURING & LOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . .68 5 ~ SUTPHEN" Boynton Beach Fire Rescue INTENT OF SPECIFICATIONS It is the intent of these specifications to cover the furnishing and delivery to the purchaser a complete apparatus equipped as hereinafter specified. With a view of obtaining the best results and the most acceptable apparatus for service in the fire department, these specifications cover only the general requirements as to the type of construction and tests to. which the apparatus must conform, together with certain details as to finish, equipment and appliances with which the successful bidder must conform. Minor details of construction and materials where not otherwise specified are left to the discretion of the contractor, who will be solely responsible for the design and construction of all features. The apparatus will conform to the requirements of the current (at the time of bid) National Fire Protection Association Pamphlet #1901 for Motor Fire Apparatus unless otherwise specified in these specifications. Bids will only be considered from companies which have an established reputation in the field of fire apparatus construction and have been in business for a minimum of ten (10) years. Each bid will be accompanied by a set of "Contractor's Specifications" consisting of a detailed description of the apparatus and equipment proposed and to which the apparatus furnished under contract must conform. Computer run-off sheets are not acceptable as descriptive literature. The specifications will indicate size, type, model and make of all component parts and equipment. QUALITY AND WORKMANSHIP The design of the apparatus must embody the latest approved automotive engineering practices. The workmanship must be the highest quality in its respective field. Special consideration will be given to the following points: Accessibility to various areas requiring periodic maintenance, ease of operation (including both pumping and driving) and symmetrical proportions. Construction must be rugged and ample safety factors must be provided to carry loads as specified and to meet both on and off road requirements and speed as set forth under "Performance Test and Requirements." PERFORMANCE TESTS AND REQUIREMENTS A road test will be documented with the apparatus fully loaded and a continuous run of ten (10) miles or more will be made under all driving conditions, during which time the 6 ~ SUTPHEN" Boynton Beach Fire Rescue apparatus will show no loss of power or overheating. The transmission drive shaft or shafts, and rear axles will run quietly and free from abnormal vibration or noise throughout the operating range of the apparatus. The apparatus, when loaded, will be approximately 66% on the rear axle. The successful bidder will furnish a weight certification showing weight on the front and rear axle, and the total weight of the completed apparatus at the time of delivery. a. The apparatus must be capable of accelerating to 30 MPH from a standing start within 25 seconds on a level concrete highway without exceeding the maximum governed engine RPM. b. The service brakes will be capable of stopping the fully loaded vehicle within 35 feet from a speed of 25 MPH on a level concrete highway. c. The apparatus, fully loaded, will be capable of obtaining a speed of 50 MPH on a level highway with the engine not exceeding 95% of its govemed RPM (full load). d. The apparatus will be tested and approved by a qualified testing agency in accordance with their standard practices for pumping engines. e. The contractor will furnish copies of the Pump Manufacturer's Certification of Hydrostatic Test (if applicable), the Engine Manufacturer's current Certified Brake Horsepower Curve and the Manufacturer's Record of Construction Details. FAILURE TO MEET TESTS In the event the apparatus fails to meet the test requirements of these specifications on the first trial, a second trial may be made at the option of the bidder within thirty (30) days of the date of the first trials. Such trials will be final and conclusive and failure to comply with these requirements will be cause for rejection. Permission to keep and/or store the apparatus in any building owned or occupied by the purchaser will not constitute acceptance of same. EXCEPTIONS TO SPECIFICATIONS The following specifications will be strictly adhered to. Exceptions will be considered if they are deemed equal to or superior to the specifications, provided they are fully explained on a separate page entitled "EXCEPTIONS TO SPECIFICATIONS." Exceptions will be listed by page and paragraph. Failure to denote exceptions in the above manner will result in immediate rejection of the proposal. In addition a general statement taking "TOTAL EXCEPTION" to the 7 g SUTPHEN" Boynton Beach Fire Rescue specifications will result in immediate rejection of bid. GENERAL CONSTRUCTION The apparatus will be designed and the equipment mounted with due consideration to distribution of load between the front and rear axles so that all specified equipment, including filled water tank, a full complement of personnel and fire hose will be carried without injury to the apparatus. Weight balance and distribution will be in accordance with the recommendations of the International Association of Fire Chiefs and National Fire Association (or American Insurance Association). Certified Laboratories certificate will be submitted by the manufacturer. Weight of apparatus will meet all federal axle load laws. DELIVERY REQUIREMENTS The apparatus will be completely equipped as per these specifications upon arrival and on completion of the required tests will be ready for immediate service in the fire department of the purchaser. Any and all alterations required at the scene of delivery to comply with these specifications must be done at the contractor's expense. PURCHASER RIGHTS The Purchaser reserves the right to accept or reject any bid. The purchaser also reserves the right to award in their best interest and reserves the right to waive any formalities. U.S.A. MANUFACTURER The entire apparatus will be assembled within the borders of the Continental United States to insure more readily available parts (without added costs and delays caused by tariffs and customs) and service, as well as protecting the purchaser should legal action ever be required. MANUFACTURER'S EXPERIENCE Each manufacturer will have been in business making similar apparatus for a minimum of twenty (20) years and must have had single ownership for more than twenty-five (25) years. ELIMINATION OF DMDED RESPONSIBILITY It is required that each bidder produce both the chassis and complete apparatus. To eliminate divided responsibility and service, the chassis and body must be 8 ~ SUTPHEN' Boynton Beach Fire Rescue manufactured by the same Company. Manufacturer will state the number of years the Company has been producing their own chassis and body. Manufacturer will state compliance with the paragraph. NO EXCEPTIONS. FAMA COMPLIANCE Manufacturer must be a current member of the Fire Apparatus Manufacturer's Association. 9 ~ SUTPHEN" Boynton Beach Fire Rescue PRE-CONSTRUCTION CONFERENCE After award of the contract, and prior to construction of the apparatus, a pre-construction conference will be held at the facility of the manufacturer. A provision will be provided in the bid price for all travel, food and lodging to accommodate three (3) Fire Department personnel. INSPECTION TRIPS An inspection trip at the manufacturers facility prior to delivery of the completed apparatus will be provided. Accommodations for three (3) Fire Department personnel to indude all transportation, food and lodging will be included in the bid price. CHASSIS The chassis will be manufactured in the factory of the bidder. The chassis will be designed and manufactured for heavy duty service with adequate strength and capacity of all components for the intended load to be sustained and the type of service required. There will be no divided responsibility in the production of the apparatus. ALUMINUM CAB The cab will be a full tilt 6-person 10" rear raised roof cab designed specifically for the fire service and manufactured by the chassis builder. Cab will be built entirely by the apparatus manufacturer within the same facilities (no exceptions). Rear of the cab will be slanted forward at the top rear for mid-ship aerial use. The outside of the rear cab wall will be aluminum diamond plate. CAB DESIGN The cab will be designed specifically for the fire service and manufactured by the chassis builder. The apparatus chassis will be of an engine forward, fully endosed tilt cab design. There will be four (4) side entry doors. The cab will be of a fully open design with no divider wall or window separating the front and rear cab sections. Construction of the cab will consist of high strength 5052H32 aluminum welded to extruded aluminum framing of6061-T6 material. 10 tJ SUTPHEN' Boynton Beach Fire Rescue The cab roof will utilize extruded, radiused outer corner rails with integral drip channel and box tubing type cross brace supports. The cab sides will be constructed from extruded door pillars and posts that provide a finished door opening, extruded and formed wheel well openings supports, formed aluminum wheel well liners and box tubing type support braces. The cab floor and rear cab wall will utilize box tubing type framing and support bracing. The framework will be of a welded construction that fully unitizes the structural frame of the cab. The structural extrusion framework will be overlaid with interlocked aluminum alloy sheet metal panels to form the exterior skin of the cab. The structural extrusion framework will support and distribute the forces and stresses imposed by the chassis and cab loads and will not rely on the sheet metal skin for any structural integrity. CAB DIMENSIONS The cab will be designed to satisfy the following minimum width and length dimensions: Cab Width (excluding mirrors) 98" Cab Length (from C/L of front axle) To front of cab (excluding bumper) 68" To rear of cab 73" Total Cab Length (excluding bumper) 141" CAB MOUNTING The cab mounting system will use a steel sub frame, isolated from the cab with six (6) rubber mounts, to minimize chassis vibration and torsional loads from being induced into the cab structure. The two tilt pivot points will have stainless steel bushing and grease fittings for lubrication and smooth tilting of the cab. INTERIOR The cab interior will have Zolatone gray/black rubberized, mar resistant, textured finish. FENDER CROWNS Polished stainless steel front axle fenderettes with full depth radiused wheel well liners will be provided. 11 ~ SUTPHEN" Boynton Beach Fire Rescue GRILLE The front of the cab will be equipped with a grille with sufficient area to allow proper airflow into the cooling system and engine compartment. CAB INSULATION The cab will be insulated in a manner to reduce noise levels inside the cab. The cab interior sound levels will not exceed 90 decibels at 45 mph in all cab seat positions. ROOF DESIGN The cab will be of a one-half 15" raised roof design with side drip rails and will satisfy the following minimum height dimensions: Cab Dimensions Interior Front 59" Rear 70" Cab Dimensions Exterior Front 65" Rear 80" DIAMOND PLATE. CAB ROOF The roof of the cab will have a diamond plate overlay. The overlay will be constructed of .125" aluminum serrated diamond plate and measure 3D" x 60". DOORS The cab doorframes will be constructed from aluminum extrusions fitted with an aluminum sheet metal skin and will be equipped with dual weather seals. The cab doors will be equipped with heavy-duty door latching hardware, which complies with FMVSS 206. The mechanics of the door operation will utilize rod linkage for positive operation. A rubber coated nylon web doorstop will be provided. The doors will be lap type with a full-length stainless steel 3/8" diameter hinge and will be fully adjustable. All openings in the cab will be grommeted or equipped with rubber boots to seal the cab from extraneous noise and moisture. 12 ~ SUTPHEN" Boynton Beach Fire Rescue The cab doors will be designed to satisfy the following minimum opening and step area dimensions: Door Opening: Front 36.5" x 73.00" Rear 36.5" x 87.25" The cab doors will have brushed severe duty 304 stainless steel interior door panels. EXTERIOR GLASS The cab windshield will be of a two piece curved design utilizing tinted, laminated, automotive approved safety glass. The window will be held in place by an extruded rubber molding with a chrome plated decorative locking bead. The cab will be finished painted prior to the window installation. Two (2) fixed position side windows will be provided between the forward cab area and the crew cab area, one (1) each side and will utilize tinted, tempered automotive approved safety glass. The widows will be approximately 20.5" high x 16.50" wide to provide maximum visibility. The side windows will be held in place by an extruded rubber molding with a chrome plated decorative locking bead The cab door and canopy windows will utilize tinted, automotive approved safety glass. Two (2) sliding rear windows approximately 15" x 17" will be installed on the rear wall of the cab. POWER WINDOWS All four cab entry doors will have power windows. Each door will be individually operated and the driver's position will have master control over all windows. The front windows will roll down completely. SUN VISORS The sun visors will be made of dark smoke colored transparent polycarbonate. There will be a visor located at both the driver and officer positions. CAB TIL T SYSTEM An electric over hydraulic cab tilt system will be provided in order to facilitate the lifting of the cab allowing full access to the engine and accessories mounted under the cab. The cab will be mounted to a 4" steel box tube sub-frame through the use of high durometer rubber mounts. The raising of the tilt cab will be accomplished through a 13 ~ SUTPHEN' Boynton Beach Fire Rescue hydraulic lift system consisting of two (2) hydraulic lift cylinders, an electrically driven hydraulic pump, two (2) hydraulically activated latches, and an electrical control switch. The hydraulic lift cylinders will be coupled to the steel cab sub-frame (not directly to the cab) with greaseable Kaiser bushing for the pivot point. The above-described sub-frame will be used to minimize stress to the cab during lifting operations. The hydraulic cylinders will lift the cab to a tilt angle of 45 degrees, exposing the engine and accessories for service. A safety locking system will be provided that will release automatically when the cab is tilted up or down. The lift system will operate in a smooth and safe manner and will indude cylinder interlocks to ensure that the cab will remain in a fixed position in the event of a failure in the system. CAB STRUCTURAL INTEGRITY The cab of the apparatus will be designed and so attached to the vehicle as to eliminate, to the greatest possible extent, the risk of injury to the occupants in the event of an accident. The apparatus cab will be tested to specific load and impact tests with regard to the protection of occupants of a commercial vehide. A test will be conducted to evaluate the frontal impact strength of the apparatus cab to conform to the test J2420 and the "United Nations Regulation 29, Annex 3, paragraph 4, (Test A). A second test will be conducted to evaluate the roof strength of the apparatus cab to conform to the Society Of Automotive Engineers (SAE) SAE J2422/SAE J2420 and "United Nations Regulation 29, Annex 3, paragraph 5, (Test B) and SAE J2420. The evaluation will consist of the requirements imposed by ECE Regulation 29, Paragraph 5. The test will be conducted by a certified independent third party testing institution. A letter stating successful completion of the above test on the brand of cab being supplied will be induded in the bid. There will be "no exception" to this requirement. MANUAL CAB LIFT There will be a manually operated hydraulic pump for tilting the cab in case the main pump should fail. The operator will be located under the left front comer of the front bumper. 14 @ SUTPHEN' Boynton Beach Fire Rescue COMPUTER TRAY There will be a slide-out tray in front of the officer's seat for a laptop computer or other use. MAP BOX A map box compartment will be provided between driver and officer. The map box will have the capacity to hold two (2) 3" and two (2) 2" 3-ring binders. The construction will be of .125" aluminum plate and finished to match the interior of the cab. The map holder will be equipped with a Velcro strap to hold the binder in place. EMS CABINET There will be a cabinet constructed of .125 aluminum plate and painted to match the interior of the cab. The cabinet dimensions will be approximately 21" wide x 24" deep x 40" tall. The cabinet will come complete with a locking roll up door and two adjustable shelves. Strip lighting will be provided in the cabinet. The location of the cabinet will be in place of the rear facing crew seat behind the driver. DOOR PANELS The interior of the cab entry doors will have a 304 brushed stainless steel scuff plate, contoured to the door. DOOR REFLECTIVE MATERIAL The lower portion of the cab interior door panels will have a total of 245 square inches of reflective material on each door exceeding the NFPA requirement of 96 square inches. The layout will be opposing ruby red "chevron" stripes on each side. The red striping will be laid over white 3M reflective materials. The reflective decal will be plainly visible to oncoming traffic when the doors are in the open position. CAB ACCESSORY FUSE PANEL A fuse panel will be located in the rear crew area next the rear facing seat behind the officer. The fuse panel will consist of six (6) battery hot and six (6) ignition switch ci rcuits. Each circuit will be capable of 10-ampere 12-volt power and total output of 50-amps. The fuse panel will be capable of powering accessories such as hand held spotlights, radio chargers, hand lantern chargers and other miscellaneous 12-volt electrical components. 15 ~ SUTPHEN' Boynton Beach Fire Rescue AIR HORNS Two (2) Grover 2040 Stuttertone rectangular, chrome plated, air horns will be mounted behind grill opening in bumper. The horns will be activated by a split "Y" lanyard in cab ceiling. ALTERNATOR A 320 ampere Prestolite/Leece Neville alternator with serpentine belt will be provided The alternator will generate 260 amperes at idle. A low voltage alarm, audible and visual, will be provided. FRONT AXLE The front axle will be a Meritor™ MFS-20-133A 3.74" drop beam with a capacity of 22,000 pounds. The axle will be hub piloted, 10 stud, furnished with oil seals and come complete with assist cylinder, hoses, and mounting brackets. FRONT SHOCK ASSORBERS The front axle will be equipped with heavy-duty telescopic Koni brand shock absorbers. REAR AXLE The rear axle will be a Meritor™ RS-30-185 Single reduction drive axle with a capacity of 31,000 Ibs. The axles will be hub piloted, 10 studs, furnished with oil seals. TOP SPEED Rear axle speed approximately 65 MPH. SA TTERIES The battery system will be a single system consisting of four negative ground, 12 volt Interstate Group 31 MHD batteries, cranking performance of 950 CCA each with total of 3800 amps, 185 minute reserve capacity with 25 ampere draw at 80 degrees Fahrenheit. Each battery will have 114 plates. Warranty will be accepted nationwide. The batteries will be installed in a vented 304 stainless steel battery box with a removable aluminum cover to protect the batteries from road dirt and moisture. The batteries are to be placed on dri-deck and secured with a fiberglass hold down. The batteries will be wired directly to starter motor and alternator. 16 ~ SUTPHEN' Boynton Beach Fire Rescue The battery cables will be 3/0 gauge. Battery cable terminals will be soldering dipped, color-coded and labeled on heat shrink tubing with a color-coded rubber boot protecting the terminals from corrosion. There will be a 350-ampere fuse protecting the pump primer and a 250-ampere fuse protecting the electric cab tilt pump and other options as required. BATTERY CHARGING A Kussmaul Auto Charge 1200 battery system charger will be provided. The Auto Charge 1200 is a fully automatic battery charger with a very high output for vehicles with a single battery system. A remote single bar graph display is provided to indicate the state of charge of the battery system. The rated output will be 40 amps for the battery system. A Kussmaul Model 091-55-20-120 super electric auto-eject with weatherproof cover and power interrupt will be provided. An 120 volt Auto Pump air compressor will also be provided to maintain air within the air brake system. A miniature air filter, that mounts in the output pressure line of the air pump to trap moisture, will be provided. The micron filter element removes contaminants from the air line. A transparent bowl permits easy monitoring of water collected and a manual purge valve allows the operator to conveniently drain the bowl. A Bendix DV2 heated automatic drain valve will be provided. BATTERY JUMPER TERMINAL There will be one set (two studs) of battery jumper terminals located by the battery box under the cab. The terminals will have plastic color-coded covers. Each terminal will be tagged to indicate positive/negative. BRAKES (Front) The front brakes will be Meritor S-cam style. They will be 16.5" x 6" with heavy-duty return springs, and a double anchor pin design. They will also have quick-change shoes for fast easy brake relining. BRAKES (Rear) The rear brakes will be Meritor S-cam style. They will be 16.5" x 7" with heavy-duty 17 ~ SUTPHEN" Boynton Beach Fire Rescue return springs, and a double anchor pin design. They will also have quick-change shoes for fast easy brake relining. BRAKE WARRANTY The brakes will carry Meritor's five (5) year 75,000 mile warranty, exclusive of wear items. AIR BRAKE SYSTEM The vehide will be equipped with air-operated brakes. The system will meet or exceed the design and performance requirements of current FMVSS-121 and test requirements of current NFPA 1901 standards. Each wheel will have a separate brake chamber. A dual treadle valve will split the braking power between the front and rear systems. All main brake lines will be color-coded nylon type protected in high temperature rated split plastic loom. The brake hoses from frame to axle will have spring guards on both ends to prevent wear and crimping as they move with the suspension. All fittings for brake system plumbing will be brass. A Meritor Wabco System Saver 1200 air dryer will be provided. The air system will be provided with a rapid build-up feature, designed to meet current NFPA 1901 requirements. The system will be designed so the vehide can be moved within 60 seconds of startup. The quick build up system will provide sufficient air pressure so that the apparatus has no brake drag and is able to stop under the intended operating conditions following the 60-second buildup time. The vehicle will not be required to have a separate on-board electrical air compressor or shoreline hookup to meet this requirement. Four (4) supply tanks will be provided. One air reservoir will serve as a wet tank and a minimum of one tank will be supplied for each the front and rear axles. A Schrader fill valve will be mounted in the front of the driver's step well. A spring actuated air release emergency/parking brake will be provided on the rear axle. One (1) parking brake control will be provided and located on the engine hood next to the transmission shiffer within easy reach of the driver. The parking brake will automatically apply at 35 :t1 0 PSI reservoir pressure. A Meritor WABCO IR-2 Inversion Relay Valve, supplied by both the Primary and Secondary air systems, will be used to activate the parking brake and to provide parking brake modulation in the event of a primary air system failure. 18 ~ SUTPHEN' Boynton Beach Fire Rescue Accessories plumbed from the air system will go through a pressure protection valve and to a manifold so that if accessories fail they will not interfere with the air brake system. AIR BRAKING ASS SYSTEM A Wabco ABS system will be provided to improve vehicle stability and control by reducing wheel lock-up during braking. This braking system will be fitted to axles and all electrical connections will be environmentally sealed from water and weather and be vibration resistant. The system will constantly monitor wheel behavior during braking. Sensors on each wheel transmit wheel speed data to an electronic processor, which will sense approaching wheel lock and instantly modulate brake pressure up to 5 times per second to prevent wheel lock-up. Each wheel will be individually controlled. To improve field performance, the system will be equipped with a dual circuit design. The system circuits will be configured in a diagonal pattern. Should a malfunction occur, that circuit will revert to normal braking action. A warning light at the driver's instrument panel will indicate malfunction to the operator. The system will consist of a sensor clip, sensor, electronic control unit and solenoid control valve. The sensor clip will hold the sensor in close proximity to the tooth wheel. An inductive sensor consisting of a permanent magnet with a round pole pin and coil will produce an alternating current with a frequency proportional to wheel speed. The unit will be sealed, corrosion-resistant and protected from electro-magnetic interference. The electronic control unit will monitor the speed of each wheel sensor and a microcomputer will evaluate wheel slip in milliseconds. BUMPER There will be a 12" high double rib polished stainless steel wrap-around bumper provided at the front of the apparatus. Laser cut perforated grilles will be incorporated into the bumper and located at the outboard of the frame rails for the air horns and at the center for the siren speaker. The bumper will be mounted to a reinforcement plate constructed of 1/4" x 10" x 70" carbon steel. A gravel shield will be provided, constructed of .188" aluminum diamond plate. The bumper extension will be approximately 24". DIAMOND PLATE BUMPER LID There will be a 1/8" diamond plate cover with latches provided for the front bumper trough. The cover will have a 2" rise to accommodate the storage well requirements. 19 ~ SUTPHEN' Boynton Beach Fire Rescue STORAGE WELL COMPARTMENT There will be a hose well compartment located in the center of the front bumper. The compartment will run the full width of the bumper and measure approximately 11" deep x 71" wide x 15" long (9,200 in2). The compartment will be constructed of .125" smooth aluminum plate. COOLING SYSTEM The cooling system will have sufficient capacity to keep the engine properly cooled under all conditions of road and pumping operations. The cooling system will be designed and tested to meet or exceed the engine and transmission manufacturers and EPA requirements. The complete cooling system will be mounted in a manner to isolate the system from vibration and stress. The individual cores will be mounted in a manner to allow expansion and contraction at various rates without inducing stress to the adjoining core{s). RADIATOR The radiator will be a cross-flow design constructed completely of aluminum with welded side tanks. The radiator will be bolted to the bottom of the charge air cooler to allow a single depth core, thus allowing a more efficient and serviceable cooling system. The radiator will be equipped with a drain cock to drain the coolant for serviceability. COOLANT The cooling system will be filled with Extended Life Coolant to provide a longer life cycle and reduced change intervals. The coolant makeup will contain ethylene glycol and deionized water to keep the coolant from freezing to a temperature of -34 degrees F. HOSES & CLAMPS Silicone hoses will be provided for all engine coolant lines. All radiator hose clamps will be spring loaded stainless steel constant torque hose clamps for all main hose connections to prevent leaks. CHARGE AIR COOLER The charge air cooler will be of a cross-flow design and constructed completely of 20 ~ SUTPHEN' Boynton Beach Fire Rescue aluminum with welded side tanks. The charge air cooler will be bolted to the top of the radiator to allow a single depth core, thus allowing a more efficient and serviceable cooling system. FAN The engine cooling system will incorporate a heavy-duty composite 11-blade fan. A shroud and recirculation shield system will be used to ensure air that has passed through the radiator is not drawn through again. The fan tip to radiator core clearance will be kept at a minimal distance to increase the efficiency of the fan and reduce fan blast noise. SURGE TANK The cooling system will be equipped with a surge tank. The surge tank will be equipped with a low coolant probe and sight glass to monitor the coolant level. The surge tank will have a cap that meets the engine manufacturer's pressure requirements as well as the system design requirements. DRIVELlNE The driveline will consist of Spicer 1710 series dual grease fitting universal joints with "Half-Round" end yokes. The drive shaft will be built with a heavy-duty steel tube 4.095" outside diameter x .180 wall thickness. The shafts will be dynamically balanced prior to installation into the chassis. A splined slip joint will be provided in each shaft assembly. Universal joints will be extended life. There will be two (2) Zerk fittings in each universal joint assembly so the joint can be greased without tuming the shaft. ENGINE ENCLOSURE An integral, formed aluminum engine endosure will be provided. The engine enclosure will be of a contoured design to blend in an aesthetically pleasing manner with the interior dash and flooring of the cab. The endosure will be kept as low as possible to provide the maximum space. The enclosure will be covered in gray Durawear. The inside of the engine enclosure will have a sound deadening insulation system. The cab interior will have a sound-deadening package to help minimize the noise (DB) levels and eliminate engine heat from the front and rear of the cab. A work light will be installed in the engine enclosure with an individual switch located on the base of the light. 21 ~ SUTPHEN" Boynton Beach Fire Rescue ENGINE The apparatus will be powered by a Detroit Diesel Series 60 EGR DDEC V, 515 H.P. @ 1800 R.P.M., 1650 ft. lb. torque @ 1200 R.P.M., 14.0 liter displacement. ENGINE WARRANTY The engine will have a five year or 100,000 mile warranty and approval by Detroit Diesel for installation in the chassis. AIR COMPRESSOR The air compressor will be a 16 CFM engine driven Bendix model BA-941. STARTER The starter will be a 12-volt Delco Remy model 42MT controlled by a switch on the left lower cab dash. FUEL FIL TERS The engine fuel filters will be mounted in a manner that is easily accessible for service or replacement. A primary and secondary filter will be provided and will be approved for use by the engine manufacturer. EXHAUST SYSTEM The engine exhaust system will be horizontal design constructed from heavy-duty truck components. All exhaust tubing will be stainless steel. Flexible couplings will be utilized to absorb the torque and vibration of the engine. The outlet will be directed to the forward side of the rear wheels, exiting the right side, with a chrome straight tip. The system will be equipped with single canister consisting of a Diesel Oxidation Catalyst (DOC) and a Diesel Particulate Filter (DPF). The canister will be mounted under the right side frame rail, and meeting the engine manufacturer's specifications and current noise level tests. An orange fiberglass heat-absorbing sleeve will be used on the exhaust pipe in the engine compartment area to reduce the heat, to protect the alternator, and also to protect hands when checking or adding oil in the engine compartment. AIR CLEANER/INTAKE The engine air deaner will be sized in accordance with the engine manufacturers 22 ~ SUTPHEN' Boynton Beach Fire Rescue recommendations. The air cleaner will be manufactured from a fire retardant media and will incorporate and ember separator in accordance with NFPA 1901 to protect the engine from hot embers. A restriction warning light will be provided and located on the cab dash. ENGINE BRAKE The engine will be equipped with a Jacobs compression engine brake. An "On/Off' switch and a control for "Low/High" will be provided on the instrument panel within easy reach of the driver. The engine brake will interface with the Wabco ASS brake controller to prevent engine brake operations during adverse braking conditions. A pump shift interlock circuit will be provided to prevent the engine brake from activating during pumping operations. The brake light will activate when the engine brake is engaged. FRAME The chassis frame will be of a ladder type design utilizing industry accepted engineering best practices. The frame will be specifically designed for fire apparatus use. Each frame rail will be constructed of two 3/8" thick-formed channels. The outer channel will be 10.06" x 3.50" x .375" and the inner channel (liner) will be 9.31" x 3.13" x .375". The section modulus will be 31.28 in.3. The resistance to bending moment (RSM) will be 1,569,160 in.llbs. The cross-members will be constructed of minimum 3/8" formed channels and have formed gusseted ends at the frame rail attachment. .625 inch, grade 8 flange, Huck bolt fasteners will be used on all permanently attached brackets to the frame to eliminate the need for bolt re-tightening. The frame will be painted glossy black prior to installing wiring harness and other components. A lifetime warranty will be provided. FUEL TANK The chassis will be equipped with a 65-gallon stainless steel rectangular fuel tank. The fuel tank will be certified to meet FMVSS 393.67 tests. The tank will be removable by means of six (6) bolted connections and dropped. One (1) tank baffle will be used. 23 ~ SUTPHEN" Boynton Beach Fire Rescue Dual pick-up and return ports with a single 3/4" tank drawtube will be provided for diesel generators if required. The fuel tank will be equipped with a 2 1/4" filler neck assembly with a 3/4" vent located on the left hand side of the tank. A fuel fill cap attached with a lanyard will be provided. The bottom of the fuel tank will contain a 112" drain plug. The fuel lines will be nylon braid reinforced fuel hose with brass fittings. The lines will be carefully routed along the inside of the frame rails. All fuel lines are covered in high temperature rated split plastic loom. Single suction and return fuel lines will be provided. The fuel tank will be mounted in a saddle with a barrier between the tank and the saddle. CAB HANDRAILS There will be four (4) 24" long, handrails provided and installed, one (1) at each cab entrance. The handrails will be constructed of 1-114" diameter, knurled and anodized, 3/8" heavy wall extruded aluminum and mounted utilizing chrome stanchions, which will provide sufficient space to allow for a gloved hand to grip the rail. There will be two (2) rubber coated grab handles provided and mounted on the interior of the cab, one each side, near the windshield post for ingress assistance. The handrail on the driver's side will be approximately 11" long and the handrail on the officer's side will be approximately 18" long. CAB DOOR HANDRAILS Two (2) 1-114" diameter knurled aluminum handrails rails will be provided on the inside of the rear crew doors just above the windowsill. HEAVY DUTY HEATERlDEFROSTERlAIR CONDITIONER There will be a minimum 60,000 cool BTU and 80,000-heat BTU single unit, heater/air conditioner mounted over the engine cover. The unit will be mounted in center of the cab on the engine hood/endosure. Unit will have a shutoff valve at the right side of the frame, next to the engine. Airflow of the heater/air conditioner will be a minimum 1200 CFM. To achieve maximum cooling, a TM-31 Compressor (19.1 cu. in.) will be used. There will be ductwork to the floor of the cab, facing forward to provide heat for the front of cab floor area. The defroster/heater will be a minimum of 39,000 BTU and will be a separate unit 24 ~ SUTPHEN' Boynton Beach Fire Rescue mounted over the windshield. There will be eight (8) louvers/defusers to direct to windshield and door glass. Airflow of the defroster/heater will be a minimum 350 CFM. The unit will be painted Zolatone greystone to match the cab ceiling. The condenser will be roof mounted and have 60,000 BTU rating. The unit will include two fan motors. Airflow of the condenser will be a minimum 2250 CFM. (This roof-mounted condenser will work at full rated capacity at an idle with no engine heat problems.) HEA TERlDEFROSTERlAIR CONDITIONING CONTROLS The heater/defroster/air conditioning will be located in the overhead console in the center of the apparatus cab within easy reach of the driver and officer. The controls will be illuminated for easy locating in dark conditions. The controls will be located in such a way that the driver will not be forced to turn away from the road to make climate control adjustments. Control of all heater/defroster/air conditioning functions for the entire apparatus cab will be achieved through these controls. WINDOW TINT There will be window tinting applied to the cab windows. LOAD MANAGER Load manager will have the ability to sequence loads on and off. It will also be able to shed 8 loads when the vehicle is stationary, starting at 12.7 volts lowest priority load to be shed, then respectively at 12.6,12.4,12.2,12.0,11.8,11.4 and 11.0 volts DC. Any load that has been shed will be off for a minimum of five minutes, and then if voltage has rebounded above shed voltage, the shed load will automatically come on. There will also be an indicator panel along side the rocker switches, which indicate power is on, battery warning and fast idle. Battery warning indicator will flash at a rate proportional to the voltage discharge rate. AUTOMATIC HIGH IDLE ACTIVATION The load management system will be capable of activating the apparatus high idle system when the system voltage drops below 12.3 volts DC. The system will raise engine speed for a minimum of five minutes until voltage exceeds 13.0 volt DC. The load management system will activate the high idle feature before any devices are automatically shed OFF. The high idle function request from the load management device will function only if the appropriate interlocks are present; that is, control of the high idle system is monitored and will be superseded by the state of the interlock control module. The automatic high idle system will be deactivated whenever the brake 25 ~ SUTPHEN" Boynton Beach Fire Rescue pedal is pressed, and will remain inactive for two minutes thereafter to allow an operator to override the high idle function and return the engine to idle before PTO engagement. INSTRUMENT PANEL The main dash shroud, which covers the area directly in front of the driver from the doorpost to the engine hood, will be custom molded and covered with a non-glare black vinyl. The dash will be a one (1) piece hinged panel that tilts outward for easy access to service the intemal components. The gauge panel will be constructed of durable aesthetically pleasing light gray polymer material. The gauges will be Maxima Technologies/Datcon gauges with built-in self-diagnostics and red warning lights to alert the driver of any problems. All gauges and controls will be backlit for night vision and identified for function. All main gauges and warning lights will be visible to the driver through the steering wheel. The vehicle will be equipped with a keyless ignition, with a two (2)-position rocker switch, "Ignition Off/On" and a two (2)-position rocker switch, "Off/Start". Instrumentation on dash panel: . Tachometer/hourmeter with built in re-settable hour meter . Speedometer/odometer with built in re-settable trip odometer . Ammeter . Voltmeter . Fuel gauge . Engine oil pressure . Transmission temperature . Engine temperature . Primary air pressure . Secondary air pressure Indicators and warning lights visible to driver: . Battery on . Parking brake engaged . Low air with buzzer . Turn signals . Hi-beam . Engine temperature with buzzer . Engine oil pressure with buzzer . Transmission temperature with buzzer . Do not shift transmission . Check transmission . Stop engine with buzzer 26 ~ SUTPHEN. Boynton Beach Fire Rescue . Check engine . Regeneration . High exhaust temperature . Air filter restriction light . Back pressure . Cab door open (flashing) . Compartment door open (flashing) . Antilock brake warning . Fasten seat belt Other indicator and warning lights . Differential locked . PTO engaged . Upper power . Auto-slip response . Retarder engaged . Retarder temperature . Jacks out . Jacks down Controls located on main dash panel: . Master power disconnect with ignition switch . Engine start switch . Headlight switch . Windshield wiperlwasher switch . Differential lock switch (if applicable) . Dimmer switch for backlighting . Parking brake control Controls included in steering column: . Ham button . Turn signal switch . Hi-beam low-beam switch . 4-way flasher switch . Tilt-telescopic steering wheel controls Controls, gauges and indicator lights located to the right of driver's position: . Transmission shifter . Pump shift control with OK TO PUMP and PUMP ENGAGED lights . Heater/defroster controls . Eighteen (18) illuminated rocker switches Driving compartment warning labels will include: . HEIGHT OF VEHICLE 27 ~ SUTPHEN" Boynton Beach Fire Rescue . OCCUPANTS MUST BE SEATED AND BEL TED WHEN APPARATUS IS IN MOTION . DO NOT USE AUXILIARY BRAKING SYSTEMS ON WET OR SLIPPERY ROADS . EXIT WARNINGS Additional labels included: . COMPUTER CODE SWITCH . ABS CODE SWITCH . FLUID DATA TAG . CHASSIS DATA TAG ENGINE WARNING SYSTEM An engine warning system will be provided to monitor engine conditions such as low oil pressure, high engine temperature and low coolant level. Warning indication will include a STOP ENGINE (red) light with audible buzzer activation and a CHECK ENGINE (amber) light Note: (Some engine configurations may also include a fluid waming light.) There will be a master infonnation light bar with 24 lights located across the center of the dash panel that covers up to 24 functions. These are defined under Indicators and Warning Lights above. WIRING All wiring will have XL high temperature crosslink insulation and will be 10 gauge, 12 gauge, 14 gauge and 18 gauge depending on load. All wiring will be color-coded, and the function and number stamped at 3" intervals on each wire. All wiring will be covered with high temperature rated split loom for easy access to wires when trouble shooting. All electrical connectors and main connectors throughout the chassis will be treated to prevent corrosion. DOOR AJAR INDICATION Four (4) red LED lights are provided in the forward cab overhead console area, visible to both driver and officer. Upon releasing the apparatus parking brake one or more of these lights will automatically illuminate (flash) if any cab door is open, compartment door is open, any ladder or equipment rack is not in stowed position, stabilizer system deployed or any other device has not been properly stowed that may cause damage if the apparatus is moved. 28 ~ SUTPHEN' Boynton Beach Fire Rescue MASTER ELECTRICAL PANEL The chassis main breaker panel will be wired through the master disconnect solenoid and controlled with a three-position ignition rocker switch. Circuit breakers and flashers will be located at officer's right side lower interior firewall with removable cover and schematic provided with notebook holder on outside cover. A deluxe breaker panel with up to 22 ground switched relays with circuit breaker protection will be provided. An integrated electrical sub-panel will be provided and interfaced to the body and chassis through an engineered wire harness system. Twelve (12) 20-ampere and one (1) 70-ampere relay for cab Iightbar and assemblies will be provided. If the option for a mechanical siren has been selected two (2) additional relays will be provided. Additional four relay boards with circuit breaker protection for additional loads. Maximum two boards (8 relays) per breaker panel. All relay boards set up to trip with input from switch of positive-negative or load manager by moving connector on board (no tools needed to do this). All relay boards will be equipped with a power-on indicator light (red), input indicator light (green) and power output indicator light (red). Up to 23 additional automatic reset circuit breakers for non-switched loads that are remotely switched (ie: heater fans, hood lights, etc.). All relays and circuit breakers on the relay boards will be pull-outlpush-in replaceable. All circuit breakers on the relay boards will be 20 ampere automatic reset which can be doubled or tripled for 40 or 60-ampere capacity. The system will utilize Deutch DRC weather resistant connectors at the breaker panel, toe board and main dash connections. All internal wire end terminals, including locking connectors, will be mechanically affixed to the wire ends by matching terminal crimping presses to assure the highest quality terminations. All internal splices will be ultrasonically welded connections and all intemal wiring will be high temperature GXL type wire that is protected by wiring duct wherever possible. All switches will be ground controlled; no power going through any rocker switch. 29 @ SUTPHEN" Boynton Beach Fire Rescue Any switch controlling a relay in the breaker panel will be capable of being set to function only when the parking brake is set. All relays will be tagged with the function that the relay is controlling. PUMP SHIFT MODULE A pump shift module with indicating lights will be located within easy reach of the driver. A gear lockup will be provided to hold the transmission in direct drive for pump operation. AUXILIARY POWER POINT Three (3) 12-volt 15-ampere auxiliary lighter socket type plug-in, will be provided in the cab near the officer. INTERIOR The cab interior will be finished in gray Durawear on the full front and rear headliners and rear firewall. LIGHTING CAB EXTERIOR Exterior lighting and reflectors will meet or exceed Federal Motor Vehicle Safety Standards and National Fire Protection Association requirements in effect at this time. There will be dual sealed beam halogen rectangular headlights in custom housings on each side of the front of the cab. AL TERNA TING HEAD LAMP The headlights will have an alternating flash feature for emergency response use. HAND HELD SPOTLIGHT One Optronics Blue Eye Model KB-4003, 400,OOO-candle power hand-held spotlight will be provided, installed at officer's side of cab. LIGHTING CAB INTERIOR Interior lighting will be provided inside the cab for passenger safety. Two (2) ceiling 30 ~ SUTPHEN" Boynton Beach Fire Rescue mounted Weldon Technologies model 8080 red/clear dome lights with a push on/off feature in the light lens. One light will be located over the officer and driver's position. The lights will also activate from the open door switch located in each cab doo~amb. LIGHTING CREW CAB INTERIOR Interior lighting will be provided inside the crew cab for passenger safety. Two (2) ceiling mounted Weldon Technologies model 8080 red/clear dome lights with a push on/off feature in the light lens will be provided. The lights will also activate from the open door switch located in each cab doorjamb. MIRRORS Two (2) Lang Mekra 300 Series chrome plated Aero style main and convex mirrors will be installed on each side of the vehicle. The main mirror will be 4-way remote adjustable with heat, 7" x 16" 2nd surface chromed flat glass. The convex will be, 6" x 8" 2nd surface chromed 400 mm radius glass. Each mirror housing assembly will be constructed of lightweight textured chrome ABS with on truck glass and housing back cover replacement. In the event the mirror breaks the glass will be replaceable in (3) minutes or less. The glass will include a safety Cidhesive backing to keep broken glass in place. The mirror assembly will be supported by a "e" loop bracket constructed of polished stainless steel tube utilizing two point mounting reducing vibration of mirror glass during normal vehicle operation. The lower section of the holder will include a spring loaded single detent position 20 degrees forward with easy return to operating position without refocusing. DRIVER'S SEAT The driver's seat will be an H.O. Bostrom 8-way power electric seat. The seat will have the following features: . Integrated 3-point seat belts . Power 8" fore taft adjustment . Power 2" height adjustment . Power front seat tilt . Power rear seat tilt . Power Back recline . Built in lumbar support . 100% Durawear™ gray tweed seat material OFFICER'S SEAT The officer's seat will be a Bostrom Firefighter™ Tanker 450 ABTS SCBA seat. The 31 ~ SUTPHEN' Boynton Beach Fire Rescue seat will have the following features: . Integrated 3-point seat belt . "Auto-Pivot & Return" head rest . Built in lumbar support . 100% Durawear™ gray tweed seat material CREW SEATS The crew cab area will have four (4) Bostrom Firefighter™ seats. The seating arrangement will be: two (2) rear facing Bostrom Tanker 450 ABTS SCBA seats and two (2) forward facing Bostrom 400CT ABTS SCBA flip up seats. The seats will have the following features: . Integrated 3-point seat belts . "Auto-Pivot & Return" head rest . Built in lumbar support . 100% Durawear™ gray tweed seat material sCBA BOTTLE BRACKET The officer and crew seats will come equipped with an H.O. Bostrom SecureAIITM SCBA Locking System capable securing all U.S. and international SCBA brands and sizes while in transit or for storage on fire trucks. Locking will be achieved by pushing the SCBA unit (bottle) against the pivot arm to engage the automatic lock system. A top clamp will surround the top of the SCBA tank for a secure fit in all directions. The bracket will be equipped with a center guide fork to keep the tank in-place for a safe and comfortable fit in seat cavity. All adjustment points will utilize one tool and be easily adjustable. .... The bracket system will be free of straps and clamps that may interfere with auxiliary equipment on SCBA units. The release handle will be integrated into the seat cushion for quick and easy release and will eliminate the need for straps or pull cords to interfere with other SCBA equipment. The bracket system will meet NFPA 1901 standards and requirements of EN 1846-2. 32 ~ SUTPHEN' Boynton Beach Fire Rescue STEERING Ross heavy duty Model T AS-85 power steering will be provided. The steering gear will be bolted to the frame at the cross-member for steering linkage rigidity. Four (4) turns from lock to lock with an 18" diameter slip resistant rubber covered steering wheel. Steering column will have six-position tilt and 2" telescopic adjustment. The cramp angle will be 45 degrees with 315mm tires or 43 degrees with 425mm tires providing very tight turning ability. SUSPENSION (Front) The front suspension will be a variable rate taper-leaf design, 54" long and 4" wide. All spring and suspension mounting will be attached directly to frame with high strength Huck bolts and self-locking round collars. Oil seals will be provided. SUSPENSION (Rear) The rear semi-elliptic springs will be 37-1/4" x 3 x 10 leaf with trailing arms. The trailing arms allow free movement of the axle from bump loads and deflections while holding the axle in chassis alignment. This suspension will control axle wrap-up torque caused by accelerating or braking. The trailing arms will be mounted in maintenance free rubber bushings at both ends. The left arm will be adjustable in length for maximum accuracy of chassis alignment. FRONT TIRES Front tires will be Goodyear 425/65R22.5, load range L, G286 highway tread, single tubeless type with a GAWR of 22,000 pounds. Wheels will be disc type, hub piloted, 22.5 x 12.25 10 stud 11.25 bolt circle. Chrome plated lug nut caps will be provided. FRONT HUB COVERS Polished stainless steel hub covers will be provided for the front axle. REAR HUB COVERS Polished stainless steel hub covers will be provided for the rear axle. REAR TIRES Rear tires will be Goodyear 315/80R22.5, load range J, G291 highway tread, dual 33 ~ SUTPHEN' Boynton Beach Fire Rescue tubeless type with a GAWR of 31,000 pounds. Wheels will be disc type, hub piloted, 22.5 x 9 10 stud with 11.25" bolt circle. Chrome plated lug nut caps will be provided. MUD FLAPS Hard rubber mud flaps will be provided for front and rear tires. WHEELS Aluminum wheels will be provided for the front and for the inside and outside of the rear wheels. The aluminum wheels will match the tire and axle capacities of the apparatus. TOW EYES (Front) There will be two front tow eyes with 3" diameter holes attached directly to the chassis frame. TOW EYES (Rear) There will be two tow eyes attached directly to the chassis frame rail under the rear compartment. TRANSMISSION The chassis will be equipped with a Generation IV Allison EVS4000 six (6) speed automatic transmission. It will be programmed five (5) speed, sixth gear locked out, for fire apparatus vocation, in concert with the specified engine. An electronic oil level indicator will be provided as well as a diagnostic reader port connection. The fifth gear will be an overdrive ratio, permitting the vehicle to reach its top speed at the engine's governed speed. The dipstick is dipped in a rubber coating for ease in checking oil level when hot. The chassis to transmission wiring harness will utilize Metri-Pack 280 connectors with triple lip silicone seals and clip-type positive seal connections to protect electrical connections from contamination without the use of coatings. Ratings: Max Input (HP) 600 Max Input (Torque) 1850 (Ib ft) Max Turbine (Torque) 2600 (Ib ft) Mechanical Ratios: 1sL 3.51 :1 2nd - 1.91 :1 34 ~ SUTPHEN' Boynton Beach Fire Rescue 3rd _ 1.43:1 4th - 1.00:1 5th - 0.74:1 Reverse - -5.00 TRANSMISSION FLUID The transmission will come filled with Castrol TranSynd™ Synthetic Transmission Fluid or approved equal meeting the Allison TES-295 specification. NO EXCEPTION. TRANSMISSION SHIFTER An Allison "Touch Pad" shift selector will be mounted to the right of the driver on the engine cover accessible to the driver. The shift position indicator will be indirectly lit for nighttime operation. FRONT TURN SIGNALS There will be two Whelen 400 Series LED rectangular amber turn signal lights mounted one each side in the front of the headlight housing and one mounted on each side of the warning light housing. WHEELBASE The approximate wheelbase will be 215". WINDSHIELD WIPERS Two (2) black anodized finish two speed synchronized electric windshield wiper system. Dual motors with positive parking. System includes large dual arm wipers with built in washer system. One (1) master control works the wiper, washer and intermittent wipe features. Washer bottle is a remote fill with a 4 quart capacity. Washer fill is located just inside of officer cab door. MISCELLANEOUS CHASSIS EQUIPMENT Fluid capacity plate affixed below driver's seat. Chassis filter part number plate affixed below driver's seat. Tire pressure label near each wheel location. Cab occupancy capacity label affixed next to transmission shifter. 35 ~ SUTPHEN" Boynton Beach Fire Rescue NFPA compliant seat belt and standing warning plates provided. FIRE PUMP HALE QMAX-150 Fire pump will be midship mounted. The fire pump will be of the double suction single stage centrifugal type, carefully designed in accordance with good modem practice. The pump will be of fine grain alloy cast iron, with a minimum tensile strength of 30,000 PSI. The pump body will be horizontally split, on a single plane, casing type with removable lower casing for easy removal of the entire impeller assembly including wear rings and bearings from beneath the pump without disturbing piping or the mounting of the pump in the chassis. All moving parts in contact with water will be of high quality bronze or stainless steel. Easily replaceable bronze labyrinth wear rings will be provided. Discharge passage will be designed to accomplish uniform pressure readings as the actual pump pressure. The rated capacity of the fire pump will be 1500 gallons per minute in accordance with NFPA# 1901. The pump shaft will be rigidly supported by three bearings for a minimum deflection. One high lead bronze sleeve bearing to be located immediately adjacent to the impeller (on side opposite the drive unit). The sleeve bearing will be lubricated by a force fed, automatic lubrication system, pressure balanced to exclude foreign material. The remaining bearings will be heavy duty type, deep groove ball bearings and will be splash lubricated. The pump shaft will have only one packing gland located on the inlet side of the pump. It will be of split design for ease of repacking. The packing gland must be a full circle threaded design to exert uniform pressure on the packing to prevent "cocking" and uneven packing load when it is tightened. It will be easily adjustable by hand with a rod or screw driver and requiring no special tools or wrenches. The packing rings will be of a unique combination of braided graphite filament and braided synthetic packing and have sacrificial zinc foil separators to protect the pump shaft from galvanic corrosion. PUMP TRANSFER CASE The drive unit will be designed of ample capacity for lubricating reserve and to maintain the proper operating temperature. Pump drive unit will be of sufficient size to withstand up to 16,000 Ibs. ft. torque of the engine in both road and pump operating conditions. The gearbox drive shafts will be heat treated chrome nickel steel input and output 36 ~ SUTPHEN' Boynton Beach Fire Rescue shafts will be at least 2-3/4" in diameter, on both the input and output shafts. They will withstand the full torque of the engine in both road and pump operating conditions. The engagement of the pump transmission will be of such design so as to permit transfer of power from road to pump operation only after vehicle is completely stopped. The pump shift will be air actuated from the cab and have both a green "Pump Engaged" light, and a green "O.K.-To-Pump" light. A third green light will be provided on the pump operator's panel for "Throttle Ready". The pump drive unit will be cast and completely manufactured and tested at the pump manufacturer's factory. PRIMING SYSTEM (TRIDENT AIR PRIMER) The pump will be capable of priming the pump within 30 seconds using 20 ft. of suction hose on a 10ft. lift. The pump will be an air venturi ( Trident brand)type. An extra air tank will be provided on the chassis. PUMP ANODE A Hale pump anode kit assembly # 529-0080-00-0 will be provided and installed in the pump body. A minimum of two (2) anodes will be installed one (1) in the suction side and one (1) in the discharge side of the pump. PUMP CERTIFICATION The pump, when dry, will be capable of taking suction and discharging water in compliance with NFPA#1901 chapter 14. The pump will be tested by National Testing and will deliver the percentages of rated capacities at pressures indicated below: 100% of rated capacity @ 150 PSI net pump pressure. 70% of rated capacity @ 200 PSI net pump pressure. 50% of rated capacity @ 250 PSI net pump pressure. THREAD TERMINATION National Standard Thread will terminate the inlets and outlets of the apparatus. 37 ~ SUTPHEN" Boynton Beach Fire Rescue PRESSURE GOVERNOR Apparatus will be equipped with a Class1 Pressure Governor that is connected to the Electronic Control Module (ECM) mounted on the engine. The Governor will operate as a pressure sensor (regulating) governor (PSG) utilizing the engine's data for optimal resolution and response. Programmable presets for RPM and Pressure settings will be easily configurable using the menu structure. Engine RPM, system voltage, engine oil pressure and engine temperature with audible alarm output for all will be provided. INTAKE RELIEF There will be a Hale stainless steel intake relief valve installed on the intake side of the pump. The surplus water will be discharged away from the pump operator and terminate with Male NST hose thread. System is field adjustable. AUXILIARY COOLER An auxiliary cooler will be furnished to provide additional cooling to the engine under extreme pumping conditions. Water from the pump is to be piped to the coils of the heat exchanger allowing the engine fluid to be cooled as required. VALVES All valves will be Elkhart Unibody unless otherwise noted. The valve will have an all cast brass body with flow optimizing nickel-chrome plated brass ball, and dual polymer seats. The valve will be capable of dual directional flow while incorporating a self-locking ball feature using an automatic friction lock design and specially designed flow optimizing brass ball. The valve will not require the lubrication of seats or any other internal waterway parts, and be capable of swinging out of the waterway for maintenance by the removal of six bolts. The valve will be compatible with a slow close device. This valve will be actuated using manual handles, a Rack & Sector, manual gear, or electric actuator. The manual handles will be quickly adjustable to one of eight handle positions, and require only 90 degrees travel. VALVE WARRANTY The valves will carry a 1 a-year warranty. 38 ~ SUTPHEN' Boynton Beach Fire Rescue PUMP CONNECTIONS All suction and discharge lines (except pump manifolds) 1" and larger will be heavy-duty stainless steel pipe. Where vibration or chassis flexing may damage or loosen piping or where a coupling is necessary for servicing, a flexible connection will be furnished. All lines will be drained by a master drain valve or a separate drain provided at the connection. All individual drain lines for discharges will be extended with a rubber hose in order to drain below the chassis frame. All water carrying gauge lines will utilize nylon tubing. 6" PUMP INLETS Two 6" diameter suction ports with 6" NST male threads will be provided, one on each side of vehicle. The inlets will extend through the side pump panels and come complete with removable strainer and long handle chrome-plated cap. 2-1/2" RIGHT SIDE INLET One 2-112" gated inlet valve will be provided on the right side pump panel. The valve will be supplied with chrome plate female swivel, plug, chain, and removable strainer. The valve will attach directly to the suction side of the pump with the valve body behind the pump panel. 2-1/2" LEFT SIDE INLET One 2-1/2" gated inlet valve will be provided on the left side pump panel. The valve will be supplied with chrome plate female swivel, plug, chain, and removable strainer. The valve will attach directly to the suction side of the pump with the valve body behind the pump panel. TANK TO PUMP The booster tank will be connected to the intake side of the pump with a 1/4 turn 3" full flow valve with check valve, with the remote control located at the operator's panel. The 3" tank to pump line will run from a bottom sump into the 3" valve. To prevent damage due to chassis flexing or vibration, a short 3" flexible rubber hose coupling will be used to connect the tank to the intake valve. OUTLETS The discharge valves will be an inline Tork-Lock constructed of brass and be of the 39 ~ SUTPHEN" Boynton Beach Fire Rescue quarter turn type of fixed pivot design to allow for ease of operation at all pressures. The valves will be controlled from the operator's panel and will be equipped with swing type locking handles. Each valve will be supplied with 2-1/2" National Standard Threads and come with chrome plated female caps and chains. 2-1/2" or larger discharge outlet will be supplied with a 3/4" quarter turn drain valve located at the outlet. All 2-112" and larger discharges will be supplied with a 30 degree angle down elbow. 2-1/2" LEFT SIDE DISCHARGES Two (2) 2-1/2" gated discharges will be located on the left side pump panel. The valves will be of the quarter turn tork-Iok ball type of fixed pivot design to allow for ease of operation at all pressures. The valve will be connected to the discharge side of the pump with the valve bodies behind the pump panel. A chrome swing type handle located on the pump operator's panel will control the side discharges. 2-1/2" RIGHT SIDE DISCHARGES One (1) 2-1/2" gated discharges will be located on the right side pump panel. The valves will be of the quarter turn tork-Iok ball type of fixed pivot design to allow for ease of operation at all pressures. The valve will be connected to the discharge side of the pump with the valve bodies behind the pump panel. A chrome swing type handle located on the pump operator's panel will control the right side discharges. ADAPTER There will be a 4" NST swivel female x 5" Storz adapter with cap and chain on the right side 4" discharge. 4" OUTLET A Hale Maxflow 4" electric valve will be provided on the right side pump panel. The valve will be controlled at the pump operator's panel. 2-1/2" OUTLET LEFT HOSE BED There will be a 2-1/2" gated outlet piped to the left front of the hose bed. The outlet will be installed with proper clearance for spanner wrenches or adapters. Plumbing will be 2-112" piping and a full flow 2-1/2" ball valve with the control at the pump operator's panel. 40 ~ SUTPHEN' Boynton Beach Fire Rescue FRONT BUMPER DISCHARGE A 1-1/2" discharge with 2" plumbing will be provided at the front bumper. The valve will be remote controlled at the pump panel. CROSSLAYS Two (2) crosslay hose beds will be supplied. The piping and valves will be 2", the swivel will be 1-1/2". The valves will be the "drop-out" style, push/pull controlled from the pump panel. Each compartment will hold 200 ft. of 1-3/4" double jacket hose. Both beds will be of the same dimension. CROSSLAY COVER A vinyl cover will be provided to enclose the top and sides of the crosslays, capable of being secured at the top and sides. TANK FILL A 1-1/2" tank fill will be provided, using a quarter turn full flow ball valve controlled from the pump operator's panel. FOAM SYSTEM There will be an Akron Model 3126 125 G.P.M. By-Pass Eductor installed in one 1.5" discharge for one foam tank. The system will come complete with a combination instruction plate and a 0-1-2-3-6% metering valve, as well as all necessary valves and check valves to properly flush the system. FOAM TANK There will be a 30-gallon foam tank. The tank will be part of the main booster tank. There will be a 3" PVC fill tower and cap and a tank vent. There will be a 1-1/2" flanged outlet and drain valve at the lowest point in the tank. PUMP AND GAUGE PANELS The panels will be constructed of black vinyl covered aluminum for maximum protection against abrasion caused during normal use. Pump panels on both sides will be easily removable. The gauge and control panels will 41 ~ SUTPHEN' Boynton Beach Fire Rescue be two separate panels for ease of maintenance. The upper gauge panel will be hinged with a full-length stainless steel hinge held closed with a 1/4-turn latch. There will be one (1) hinged access door as large as possible located over the right side pump panel. This door will have a full-length stainless steel hinge and a 1/4 tum latching mechanism. VALVE CONTROLS The pump controls and gauges will be located at the left side of the apparatus and properly marked. The control panel will be laid out in a user-friendly manner with a minimum of six (6) horizontally operated swing type locking handles for 2-1/2" and larger discharges. Horizontally operated swing handles will be required to provide better leverage as valves wear and become more difficult to open and dose. The smaller valves will be controlled by pull type locking handles. "No Exception" All valve controls will have the corresponding discharge gauge located immediately adjacent to control handle to allow operator to view the discharge pressure without searching the panel. ESCUTCHEON PLATES The pump panel will be equipped with color-coded removable escutcheon plates around the suction and discharge valves. The escutcheon plates will be designed to allow easy access for valve repair with out dismantling the pump panel. "No Exception" COLOR CODING Each discharge valve control, outlet, and corresponding line gauge will be color-coded. The color-coding will be: #1 Discharge- Yellow #2 Discharge - White #3 Discharge - Navy Blue #4 Discharge - Black #5 Discharge - Green #1 Pre-Connect - Orange #2 Pre-Connect - Red #3 Pre-Connect - Brown #4 Pre-Connect - Magenta Front Bumper Line - Turquoise 42 ~ SUTPHEN' Boynton Beach Fire Rescue Large Diameter Discharge - Yellow With White Border Left Hose Bed Pre-Connect - Tan Right Hose Bed Pre-Connect - Lavender Left Rear Discharge - Olive Right Rear Discharge - Light Blue Deck Gun - Silver Inlets - Burgundy Tank fill Lime Green Tank to Pump - Burgundy PUMP PANEL LIGHTS The pump panel controls and gauges will be illuminated by a minimum of two (2) incandescent lights. PUMP PANEL GAUGES AND CONTROLS The following gauges and controls will be provided at the pump panel: . Two (2) certified laboratory test gauge outlets. . Pump primer control. . Master drain control and additional drains as needed. . Tank-fill and pump cooler valve controls. . Tank to pump valve control. . Pump capacity rating plate. . All discharge controls. . Two (2) master pump gauges. . Gauges on all 1-1/2" and larger discharge lines. 4" MASTER GAUGES NoShok liquid filled pump pressure and vacuum gauges will be provided. The gauges will be 4" in diameter with white faces and black lettering. The gauges will have a pressure range of 30"-0-400 psi. 2-1/2" PRESSURE GAUGES NoShok liquid filled individual line pressure gauges will be provided. The gauges will be 2-1/2" in diameter with white faces and black lettering. The gauges will have a pressure range of 0-400 psi. WATER TANK LEVEL GAUGE Fire Research TankVision@ model WL2000 water tank volume indicator kit will be 43 ~ SUTPHEN" Boynton Beach Fire Rescue installed. The kit will include an electronic indicator module, a pressure sensor, and sensor cable. The indicator will show the volume of water in the tank on nine (9) easy to see super bright LEDs. A wide view lens over the LEDs will provide for a viewing angle of 180 degrees. The indicator case will be waterproof and manufactured of aluminum. The program features will be accessed from the front of the indicator module. The program will support self-diagnostics capabilities, self-calibration, and a datalink to connect remote indicators. Low water warnings will include flashing LEOs at 25%, down chasing LEOs when the tank is almost empty. The indicator will receive an input signal from an electronic pressure sensor. The sensor will be mounted on the outside of the water tank near the bottom; no probe will be place on the interior of the tank. Wiring will be weather resistant and have automotive type plug-in connectors. The gauge will be located on the pump operator's panel. CLASS A FOAM TANK LEVEL GAUGE A Fire Research TankVision@ model WL2600 foam tank volume indicator kit will be installed. The kit will include an electronic indicator module, a pressure sensor, and sensor cable. The indicator will show the volume of Class A foam in the tank on nine (9) easy to see super bright LEDs. A wide view lens over the LEDs will provide for a viewing angle of 180 degrees. The indicator case will be waterproof and manufactured of aluminum. The program features will be accessed from the front of the indicator module. The program will support self-diagnostics capabilities, self-calibration, and a datalink to connect remote indicators. Low water warnings will include flashing LEOs at 25%, down chasing LEDs when the tank is almost empty. The indicator will receive an input signal from an electronic pressure sensor. The sensor will be mounted on the outside of the water tank near the bottom; no probe will be place on the interior of the tank. Wiring will be weather resistant and have automotive type plug-in connectors. The gauge will be located on the pump operator's panel. APPARATUS BODY The apparatus body will be constructed of #4 brushed finish #304 stainless steel and will include brushed stainless steel compartment interiors. Other scuff prone areas such as the area surrounding compartment openings, the rear inside beavertails, rear 44 ~ SUTPHEN" Boynton Beach Fire Rescue compartment door area and front and rear of the side compartments will also be a brushed scuff resistant stainless steel finish. The apparatus body, including the running boards will be supported by structural channel and angle. The rear design will be strong enough to support the complete body. Each compartment will be properly vented with louvers. Each compartment will have drain holes for the release of moisture. Each compartment will have sweep-out flooring with no obstructions at the floor bottom. BODY SUBFRAME - A stainless steel subframe/undercarriage will be provided for the body compartments. ROLL-UP COMPARTMENT DOORS The apparatus body will be equipped with R.O.M Robinson Shutter doors. The door slats will be double wall box frame, manufactured from anodized aluminum. The doors will have the following features: . Manufactured wholly in the United States. . Concave individual slat design to prevent loose equipment from hindering door operation. . Co-Extruded stretch resistant inner seal between slats to prevent metal-to-metal contact and inhibit moisture and dust penetration. . Interlocking swagged/dimpled end shoes will be utilized to provide a tight fitting assembly and allow for easy removal in the event of damage. . Effective counter balancing for ease of lifting and lowering the doors. . One-piece side rail and track to provide an unobstructed slide area and reduce the risk of binding. . Non-abrasive replaceable water and dust barrier compartment to keep equipment clean and dry. . A magnetic type switch integral to the door will be supplied for door ajar indication and compartment light activation. . A full width positive latch bar will be operable with one hand, even with heavy gloves. A door open indicator light will be provided in the cab. 45 ~ SUTPHEN' Boynton Beach Fire Rescue PAINTED ROLL-UP DOORS The doors will be wet painted before assembly by the door manufacturer. The paint will be the same as the apparatus to achieve an exact match of paint color and have the look and durability same as on the rest of the truck. SCBA CYLINDER COMPARTMENTS There will be four (4) spare breathing air cylinder compartments recessed in the rear fender wells, two (2) left and two (2) right. The compartments will have cast aluminum doors with equipped with a weather resistant flush fitting thumb latch. The interior of the door will incorporate a rubber "0" -ring seal to keep the compartment free of road debris and moisture. The interior compartment will be constructed of a high-density polyethylene plastic. COMPARTMENT MATTING Turtle Tile interlock matting material will be provided in each compartment. REAR STEP COMPARTMENTA TION There will be one compartment at the rear step, 53" wide x 30" high x 40" deep with dear unobstructed opening: 42.5" wide x 23.25" high with hinged door 44" wide x 21.5" high with roll- COMPARTMENTATION LEFT SIDE L-1 There will be one compartment ahead of the rear wheels approximately 30" wide x 60" high x 20" deep with opening: 23" wide x 53.25 high with hinged door. 23.25" wide x 51.5" high with roll-up door. L-2 There will be one compartment above the wheel well approximately 60" wide x 30" high x 20" deep with opening: 50" wide x 25" high with hinged door. 53.25" wide x 21" high with roll-up door. The lift-up door will be held open by gas springs. L-3 There will be a compartment behind the rear wheels approximately 50" wide x 60" high x 20" deep with opening: 41" wide x 53.25" high with hinged door. 43.5" wide x 51.5" high with roll-up door. L-4 There will be a second compartment behind the rear wheels approximately 25" wide x 60" high x 20" deep with opening: 18" wide x 53.25" high with hinged door. 18.5" wide x 51.5" high with roll-up d 46 ~ SUTPHEN" Boynton Beach Fire Rescue COMPARTMENTATION RIGHT SIDE L-1 There will be one compartment ahead of the rear wheels approximately 30" wide x 60" high x 20" deep with opening: 23" wide x 53.25 high with hinged door. 23.25" wide x 51.5" high with roll-up door. L-2 There will be one compartment above the wheel well approximately 60" wide x 30" high x 20" deep with opening: 50" wide x 25" high with hinged door. 53.25" wide x 21" high with roll-up door. The lift-up door will be held open by gas springs. L-3 There will be a compartment behind the rear wheels approximately 50" wide x 60" high x 20" deep with opening: 41" wide x 53.25" high with hinged door. 43.5" wide x 51.5" high with roll-up door. L-4 There will be a second compartment behind the rear wheels approximately 25" wide x 60" high x 20" deep with opening: 18" wide x 53.25" high with hinged door. 18.5" wide x 51.5" high with roll-up do ADJUSTABLE SHELVES There will be eight (8) adjustable shelves provided and installed in a compartments. The shelves will be fabricated of .188" aluminum plate. ADJUSTABLE VERTICAL SLIDE-OUT PANEL There will be an adjustable vertical slide-out tool board with a 250 lb. capacity supplied and mounted on unistrut tracks. Extra compartment lights will be provided and located as needed to properly illuminate the compartment. 600# SLIDE-MASTER TRAYS There will be three (3) Slide-Master pullout drawers provided and installed. The drawer will have a distributed load capacity of 600 Ibs. and be capable of extending 70% of its depth. The tray will be fabricated of .188" aluminum plate and have a formed lip that measures 2", 47 ~ SUTPHEN" Boynton Beach Fire Rescue HOSE BED The rear hose bed will be divided into two separate sections. Each hose bed section will be completely wide open to allow for quick and easy loading and unloading of hose. Hose bed flooring will be slatted extruded aluminum. HOSE BED DMDER The hose bed will be divided by a 3/16" aluminum partition that is fully adjustable by sliding in tracks located at the front and rear of the hose bed. The divider will be located as needed. HOSE BED COVER There will be a red nylon/vinyl hose bed cover for the main hose bed. The cover will be capable of being securely fastened at the front, sides and rear. HANDRAILS AND STEPS Handrails will be constructed of 1-1/4" diameter knurled anodized aluminum 3/8" heavy wall extrusion. The handrail will be mounted utilizing chrome stanchions, which will provide sufficient space to allow for a gloved hand to grip the rail. The rails will be located in the following areas: (Note: These are in addition to those previously mentioned in the chassis section): There will be one (1) handrail on each side of the access steps to the ladder. These handrails are covered with ribbed rubber to prevent hand slipping when climbing the steps. There will be one (1) fold-down step on each side of the front face of side compartments as required by N.F.P.A. There will be one (1) fold-down step at each side of the rear area. There will be two (2) pull-out steps, approximately 25-3/4" wide x 11-3/4" deep, provided on the right side of the apparatus for ease of accessing side stacked ground ladders. These steps will be located one ahead of the rear axle and one behind the rear axle. RUB RAILS The body will be equipped with heavy extruded aluminum rub rails at the sides. Rub 48 ~ SUTPHEN' Boynton Beach Fire Rescue rails will be spaced away from the body by 112" polymer spacers. The rub rails will be polished to a bright finish and be fitted with custom cast end caps. ALUMINUM TREADPLATE All load bearing aluminum treadplate running boards will be .155 thick bright annealed with a serrated embossed finish. Running boards and rear step edges will be flanged down for added strength. Running boards will also be flanged up to form kick plates. All non-load bearing aluminum will be .125" thick bright annealed finish. In areas where aluminum treadplate will function as a load-bearing surface, there will be a heavy steel sub-structure. This structure will consist of 3" channel and 1-112" angle welded support. This will assure that there will be no flexing or cracking of running boards. The aluminum will be insulated from the steel by closed cell foam body barrier material. Treadplate locations: 1. Skirting around front bumper. 2. The step at the cab entrance. 3. The jump seat steps. 4. The running boards. 5. The rear step. 6. The top of the compartments. RUNNING BOARD TROUGH A trough will be provided in the right side running board to hold a 15-foot length of 5" hose. BOOSTER TANK The tank will have a capacity of 500 U.S. gallons. The tank will be constructed of 1/2" thick polypropylene sheet stock. This material will be a non-corrosive stress relieved copolymer thermo-plastic. The booster tank will be of a specific configuration and is so designed to be completely independent of the body and compartments. All joints and seams will be welded and/or formed and tested for maximum strength and integrity. The top of the booster tank is fitted with removable lifting eyes designed with a 3 to 1 safety factor to facilitate easy removability. The transverse swash partitions will be manufactured of 3/8" polypropylene and extend from approximately 4" off the floor to just under the cover. The longitudinal swash partitions will be constructed of 3/8" polypropylene and extend from the floor of the tank through the cover to allow for positive welding and maximum integrity. All partitions will be equipped with vent and air holes to permit movement of air and water between 49 ~ SUTPHEN" Boynton Beach Fire Rescue compartments. The partitions will be designed to provide maximum water flow. All swash partitions interlock with one another and are welded to each other as well as to the walls of the tank. The tank will have a combination vent and manual fill tower. The fill tower will be constructed of 1/2" polypropylene and will be a minimum dimension of 8" x 8" outer perimeter. The tower will be located in the left front corner of the tank. The tower will have 1/4" thick removable polypropylene screen and a polypropylene hinged-type cover. The tank cover will be constructed of 1/2" thick polypropylene to incorporate a multi three-piece locking design which allows for individual removal and inspection if necessary . The sump will be constructed of 112" polypropylene and be located in the left front quarter of the tank. The sump will have a minimum of 3" national pipe threaded outlet on the bottom for a drain plug. This will be used as a combination clean-out and drain. All tanks will have a anti-swirl plate located approximately 2" above the sump. All tank fill couplings will be backed with flow deflectors to break up the stream of water entering the tank. The tank will rest on the body cross members in conjunction with such additional cross members, spaced at a distance that would not allow for more than 530 square inches of unsupported area under the tank floor. The tank will be completely removable without disturbing or dismantling the apparatus structure. ELECTRIC SYSTEM All electrical wiring in the chassis will be XLP cross link-insulated type. Wiring is to be color-coded and include function codes every three (3) inches. Wiring harnesses will be routed in protective, heat resistant loom, securely and neatly installed. Two power distribution centers will be provided in central locations for greater accessibility. The power distribution centers contain automatic thermal self-resetting breakers, power control relays, flashers, diode modules, daytime driving light module, and engine and transmission data links. All breakers and relays are utilized in circuits which amp loads are substantially lower than the respective component rating thus ensuring long component life. Power distribution centers will be composed of a system of interlocking plastic modules for ease in custom construction. The power distribution centers are function oriented. The first is to control major truck function and the second controls overhead switching and interior operations. Each module is single function coded and labeled to aid in troubleshooting. The centers also have accessory breakers and relays for future installations. All harnesses and power distribution centers will be electrically tested prior to installation to ensure the highest system reliability. 50 ~ SUTPHEN' Boynton Beach Fire Rescue All external harness interfaces will be of a triple seal type connection to ensure a proper connection. The cab/chassis and the chassislbody connection points will be mounted in accessible locations. Complete chassis wiring schematics will be supplied with the apparatus. The wiring harness contained on the chassis will be designed to utilize wires of stranded copper or copper alloy of a gauge rated to carry 125% of maximum current for which the circuit is protected without exceeding 10% voltage drop across the circuit. The wiring will be uniquely identified by color code or circuit function code, labeled at a minimum of every three (3) inches. The identification of the wiring will be referenced on a wiring diagram. All wires conform to SAEJ1127 (Battery Cable), SAEJ1128 (Low Tension Primary Cable), SAEJ1560 (Low Tension Thin Wall Primary Cable). All hamesses will be covered with moisture resistant loom with a minimum rating of 300 Degrees Fahrenheit and a flammability rating of VW-1 as defined in UL62. The covering of jacketed cable has a minimum rating of 289 degree Fahrenheit. All harnesses are securely installed in areas protected against heat, liquid contaminants and damage. The harness connections and terminations use a method that provides a positive mechanical and electrical connection and are in accordance to the device manufacturers instructions. No connections within the harness utilize wire nut, insulation displacement, or insulation piercing. All circuits conform to SAE1292. All circuits are provided with low voltage over current protective devices. These devices are readily accessible and protected against heat in excess of component rating, mechanical damage, and water spray. Star washers are not used for ground connections. BACK-U P ALARM An Ecco model SA917 automatic self-adjusting electronic back-up alarm producing 87-112 db will be installed at the rear between the frame rails. It will operate whenever the transmission's reverse gear is selected. COMMUNICATION SYSTEM A FIVE position David Clark intercom system will be provided in the cab. The five positions indude: driver, officer, three crew seats. The driver and officer positions will be interfaced with radio. COMPARTMENT LIGHTING Each compartment will be equipped with one (1) LED light strip which will provide a 51 ~ SUTPHEN' Boynton Beach Fire Rescue consistent pattern to illuminate to entire compartment. For any compartment larger than 50" wide, two (2) LED light strips will be provided. ELECTRICAL PROVISION Wiring will be provided in the cab and canopy for the future installation of electrical chargers. The location will be determined during the pre-construction conference. ANTENNA MOUNTING The customer supplied radio antenna will be installed in the cab roof with the coax cable run to the radio mounting area. The radio location will be determined at the pre-construction meeting. LICENSE PLATE BRACKET A license plate bracket will be provided at the rear of the apparatus. A Weldon Technologies light part # 9186-23882-30 will be mounted directly above the license plate area for proper illumination. TAIUSTOPITURN LIGHTS The taillights are to be Whelen 600 LED style. The brake/tail lights to be red and exceed SAE requirements. The turn signal will be populated in an arrow pattern, amber in color. The backup lights are to be halogen. One opening will be open to accept a 600 series warning light. LED ICCIMARKER LIGHTS LED type ICC/marker lights will be provided to meet D.O.T. requirements. STEP LIGHTS Truck Lite #44042C LED step lights will be provided, one each side on the front compartment face at pump panels, one at turntable step, and one each side of rear step. GROUND LIGHTING The apparatus will be equipped with lighting capable of illumination to meet NFPA requirements. Lighting will be provided at areas under the driver and crew riding area exits and will be automatically activated when the exit doors are opened. The ground lights will be Truck-lite@) LED model #44042C. Lighting required in other areas such as 52 ~ SUTPHEN' Boynton Beach Fire Rescue work areas, steps and walkways will be activated when the parking brake is applied, provided the ICC lights are on. WORK LIGHTS There will be two (2) Unity brand AG 6" chrome plated sealed beam flood lights provided. The lights will be securely mounted at the upper rear of the apparatus body. Each light will be supplied with individual switches. OPTICAL WARNING SYSTEM The optical warning system will be capable of two separate signaling modes during emergency operations. One mode will signal to drivers and pedestrians that the apparatus is responding to an emergency and is calling for the right-of-way and the other mode will signal that the apparatus is stopped and is blocking the right-of-way. Switching will be provided that senses the position of the parking brake. A master optical warning device switch will be provided to energize all of the optical warning devices provided. All lights will operate at not less than the minimum flash rate per minute as specified by NFPA. UPPER LEVEL WARNING DEVICES The upper level is divided into zones A, B, C and D and the approved lighting package to be provided will be as follows: Zone A (front) will have one (1) Whelen Model FN72QLED 12 LED Freedom Series 72" Lightbar. Zone B (right side) will be covered by the module from the lightbar and the right rear stanchion beacon. Zone C (rear) will have two (2) Whelen Model MCFLED2R Micro Edge Freedom LED light bars mounted on the rear stanchions and two (2) Whelen Model 60AOOFAA amber LED, mounted at upper rear of apparatus. Zone D (left side) will be covered by the module from the Iightbar and the left rear stanchion beacon. LOWER LEVEL WARNING DEVICES The lower level is divided into zones A, B, C and D and the approved lighting package to be provided will be as follows: 53 ~ SUTPHEN" Boynton Beach Fire Rescue Zone A (front) will have a stainless steel warning light housing each side with Two (2) Whelen 64ROOFRR red LED lights mounted in the front of each housing. The inboard pair of lights is in addition to the minimum NFPA warning system and will be wired through a load-shedding device. Zone B (right side) will have four (4) Whelen 64ROOFRR LED red lights mounted one on the side of the headlight housing, one at the middle of the apparatus, one on the body side at rear of apparatus, and one on the side of the aerial device. Zone C (rear) will have two (2) Whelen 64ROOFRR LED, red lights mounted one each side of the rear of the apparatus. Zone D (left side) will have four (4) Whelen 64ROOFRR LED, red lights mounted one on the end of the headlight housing, one at the middle of the apparatus, one on the body side at rear of apparatus and one on the side of the aerial device. SIREN One (1) Whelen Model 295 HFSA1 electronic siren will be installed at the cab instrument panel complete with noise canceling microphone. The horn button in the steering wheel, a switch on right hand side of cab floor and the control on the siren head will actuate the siren. A selector switch will be provided on the instrument panel for control of horn or siren by steering wheel button. A foot switch will be provided on the officer's side of the cab floor. FEDERAL Q2B SIREN There will be a Federal Q2B-NN siren installed in the center of the cab grille. The siren will be securely mounted and activated by means of a solenoid and will include a brake. The siren will be wired to the horn button. A rocker switch on the dash will toggle between air horns and Q2B. SIREN SPEAKER One Cast Products SA4201-5-A weatherproof siren speaker will be provided, mounted behind the bumper. GENERATOR The apparatus will be equipped with a complete electrical power generation system. An 54 ~ SUTPHEN" Boynton Beach Fire Rescue Onan CMHG-10000 hydraulic 10.0 KW generator will be provided and installed. The generator and wiring will conform to present National Electric Codes as outlined in the National Fire Protection Association Standards. The output of the generator will be controlled by an intemal hydraulic system. The generator will be powered by a transmission power take off unit, through a hydraulic pump and motor. The generator will be operable anytime that the apparatus engine is running and meeting the minimum range of RPM's. A hot shift PTO switch located in the cab dash will activate the generator. The generator housing will be composed of 100 percent stainless steel housings and have a total of four (4) air inlet locations. All connections will be located outside the housing. The generator will be designed to operate with an ambient temperature of 120 degrees Fahrenheit An LCD display hour meter will be provided. Onan display by FRC with 15' harness displays Hz, volt, amps, and oil temperature. The generator will be equipped with a three- point vibration isolation mounting system. The reservoir will consist of a three (3) gallon hydraulic tank with integral filter. Total Weight: 2741bs. Length: 32.0 inches Width: 15.9 inches Height: 13.7 inches Watts: 10000 Hz: 60 Voltage: 120/240 Amperes: 83/42 Phase: Single 120-VOL T OUTLET Two (2) 120-volt outlet with weatherproof cover will be provided. All 120 volt wiring will be installed in liquid tight conduit. LIGHT SWITCH A remote switch will be provided on the pump panel to activate the quartz lights. BREAKER BOX A circuit breaker box will be provided with eight (8) spaces for breakers which will be provided as needed. All wiring will be installed in liquid tight conduit. 55 ~ SUTPHEN" Boynton Beach Fire Rescue QUARTZ LIGHT BROW 750WATT FOCUS A Fire Research Focus Model 875 Quartz Halogen Lamp will be provided. The light will be housed in a heavy-duty aluminum housing. Watts: 750 Amps: 6.3 Volts: 120 Bulb Type: Halogen Width: 10" Height: 7 5/8" Depth: 4 7/8" The light will be mounted on the front of the apparatus cab. QUARTZ LIGHT 750WATT FOCUS A Fire Research Focus Model 875 Quartz Halogen Lamp will be provided. The light will be housed in a heavy-duty aluminum housing. Watts: 750 Amps: 6.3 Volts: 120 Bulb Type: Halogen Width: 10" Height: 7 5/8" Depth: 4 7/8" The light will be mounted on a non-telescoping fixed mount. A switch will be located at the light head. Mounted on the end of the ladder. QUARTZ LIGHT 750WATT FOCUS A Fire Research Focus Model 875 Quartz Halogen Lamp will be provided. The light will be housed in a heavy-duty aluminum housing. Watts: 750 Amps: 6.3 Volts: 120 Bulb Type: Halogen Width: 10" Height: 7 5/8" Depth: 4 7/8" 56 ~ SUTPHEN' Boynton Beach Fire Rescue The light will be flush mounted on the apparatus. One on each side of the cab. CORD REEL There will be a Hannay Model ECR1614-17-18 electric rewind cable reel furnished and mounted in a compartment. The reel will come complete with 150 feet of 10/3 Seoprene Water-resistant (SOW) yellow jacketed cable. A Hannay Type "C" roller assembly and HS-3 cable stop ball will be provided. FOUR WAY RECEPTACLE An Akron (GFE) four-way receptacle box with light will be provided and hard wired to the end of the cable. The box will be securely mounted in the immediate area of the cord reel. The mounting will be a fabricated aluminum bracket equipped with a Velcro strap to secure the box. GROUND LADDERS The apparatus will be equipped with heavy duty, box type "I" beam rail, ground ladders. The ladders will meet the requirements of NFPA 1931 to ensure proper design and that sufficient strength is available for the service intended. The ground ladders will be constructed of aluminum with non-welded, field replaceable rung to rail connections to simplify field repairs and removable plated steel butt spurs for added strength. A full 1/2", non-rotting, poly rope will be provided for easy ladder operation. The apparatus will be capable of carrying minimum of 48 ft. ground ladders: One (1) 10 ft. collapsible ladder, (mounted in fly section) One (1) 14 ft. roof ladders with roof hooks One (1) 24 ft. 2-section extension ladder The ladders will have lifetime Warranty against manufacturing defects. LADDER MOUNTING The ladders will be mounted on slide tracks under the ladder cradle in the center of the hose bed. 57 ~ SUTPHEN" Boynton Beach Fire Rescue PAINTING All exposed metal surfaces not chrome plated, polished stainless steel or bright aluminum tread plate will be thoroughly cleaned and prepared for painting. All irregularities in painted surfaces will be rubbed down and all seams will be caulked before the application of the finish coat. All removable items such as brackets, compartment doors, door hinges, trim, etc. will be removed and painted separately to insure finish paint behind all mounted items. Body assemblies that cannot be finish painted after assembly will be finish painted before assembly. Both aluminum and steel surfaces to be painted will be primed with a two (2)-component primer which is compatible with the finish coat. The apparatus will be finish painted with a polyurethane base/clear system. "No Exception" Utilizing the stainless steel body fabrication, the interior of aI/ compartments, inside hose bed, and surrounding areas adjacent to compartments doors will remain a #4 brushed stainless steel finish. This practice will eliminate the possibility of paint chipping, and electrolysis of aluminum which can cause corrosive action between dissimilar metals. Chassis and compartment doors will be painted the color indicated. Prior to reassembly and reinstallation of lights, handrails, door hardware and any miscellaneous items, an isolation tape or gasket material will be used to prevent damage to the finish painted surfaces. A nylon washer will be installed under each acom nut or metal screw that is fastened directly to a painted surface. The fol/owing paint process will be utilized: Surface Preparation: 1. Wash surface thoroughly with mild detergent. 2. Clean and de-grease with Prep-Sol 3812S. 3. Sand and feather edge using 400 grit or finer on a dual action sander. 4. Remove sanding dust with a cleaner compatible with polyurethane base coat/clear coat final finish. Substrate treatment: 1. Use a Metal Conditioner followed with a Conversion Coating product. Priming: 1. Use a priming 615S pretreatment. 2. Use a self etching primer applied to achieve a 1.5 mil dft minimum. 3. Use Prime N Seal sealer compatible with polyurethane base coat. Color Coat: 1. Apply polyurethane base coat 1-2 mil dft minimum. 58 ~ SUTPHEN" Boynton Beach Fire Rescue Clear coat: 1. Apply polyurethane clear coat 2 mil dft minimum. LETTERING Forty (40) 3" 22KT Gold laminate goldleaf letters, with left hand shading and right hand outline to equal 3-5/8" letter, will be provided. Forty (40)Additional 4" letters will be provided. Twelve (12) Additional 8" letters will be provided. STRIPING A 6" Scotchlite stripe will be provided across the front of the cab and along each side of the apparatus. An additional 1 " Scotchlite stripe will be provided. A 1/2" 22KT gold laminate goldleaf stripe will be provided on each side of the apparatus. BOOM SIGN A boom sign, approximately 72" x 16", will be provided on each side of the boom. The background of the boom sign will be painted primary truck color. BOOM SIGN LETTERING Up to twenty (20) 14" 22KT Gold laminated goldleaf letters, with left hand shading and right hand outline to equal 14-5/8" letter, will be provided on each boom sign. MISCELLANEOUS EQUIPMENT FURNISHED 1 pt. touch-up paint Pike pole tubes will be provided, three each side of the rear compartment. WHEEL CHOCKS Two (2) Ziamatic #SAC-44 folding wheel chocks with SQCH-44H holders will be provided. The wheel chocks will be located in a area close to the rear axles easily 59 ~ SUTPHEN' Boynton Beach Fire Rescue accessible fonn the side of the apparatus. AERIAL DEVICE - MIDSHIP MOUNTED An aerial device with a minimum 75-foot vertical reach will be provided. The height dimension will be calculated with the aerial at 75 degrees. The horizontal reach of the device will not be less than 68.5 feet. The overall height of the apparatus with the aerial device in the bedded positions will be no more than 10 feet and the overall length of vehicle will be not more than 38 feet, 7 inches. CONSTRUCTION STANDARDS The aerial device will be designed and tested with a safety factor of three to one (3: 1) figured on the dead load of the ladder assembly with a tip load of 1,000 pounds and a live load of 750 pounds at the tip while flowing 1,000 GPM at 90 degrees to the side. A one and one half to one (1.5:1) stability factor will also be provided that is in compliance with the intent of the Occupational Safety and Health Administration (OSHA) and the American National Standards Institute (ANSI) and National Fire Protection Agency (NFPA) 1901. These capabilities will be established in an unsupported configuration. CONSTRUCTION The aerial ladder will be comprised of four sections and will extend to a nominal height of 75 feet at 75 degrees, measured in a vertical plane from the top rung of the fly section to the ground. The ladder will have the capability to support 1,000 pounds at the tip dry and 750 pounds at the tip while flowing 1000 gallons per minute in the unsupported configuration based upon 360 degree rotation, up to full extension and from -6 degrees to 80 degrees. The ladder will be constructed of certified 6061-T651 heat treated aluminum alloy. Each section will be trussed diagonally, vertically, and horizontally using aircraft type Huck bolts. All critical points will be reinforced for extra rigidity and to provide a high strength to weight ratio. All ladder rungs will be round and Huck bolted to each section utilizing comer gusset bracing for torsional rigidity. Minimum Climbing Ladder Dimensions: Width Heioht Fi rst Section 35.25" 28.5" Second Section 31" 25.75" 60 ~ SUTPHEN' Boynton Beach Fire Rescue Third Section 27.25" 22.5" Fourth Section 24.25" 19.75" Access to the climbing ladder and the mid-ship turntable area will be accomplished through one (1) recessed step area located on left side directly below the mid-ship turntable. AERIAL EGRESS A bolt-on removable egress will be installed on the tip of the fly section. The rungs on the egress will be on a plane of 20 degrees to provide a smoother transition onto the ladder when it is at a high angle. FOLDING STEPS One (1) set of folding steps will be installed at the tip of the ladder to provide solid footing for personnel. LADDER TRAVEL SUPPORT A heavy duty ladder rest will be provided for support of the ladder in the travel position. On the base section of the ladder, stainless steel scuff plates will be installed where the ladder comes in contact with the ladder support. A marker will be provided on the turntable to indicate when the ladder is aligned with the travel support and may be lowered into it. The ladder rest will be illuminated for nighttime operation. LIFTING CYLINDERS Two (2) double acting lift cylinders will be utilized to provide smooth precise elevation from 6 degrees below horizontal to 80 degrees above horizontal. The lift cylinders will have a 4.5" internal diameter (bore), a 2.5" cylinder rod, and a 40" stroke. The lift cylinders will be equipped with integral holding valves located on the cylinder to prevent the unit from falling should the charged lines be severed at any point within the hydraulic system. The lowering of the ladder will be controlled by a pressure relief valve so as to limit the downward pull of the ladder when it is bedded. Both raising and lowering functions will be influenced by flow compensation which will maintain ladder tip speed within approximately 10% of design speed regardless of load, angle, or extension. EXTENSION/RETRACTION SYSTEM A full hydraulic powered extension and retraction system will be provided using two 61 ~ SUTPHEN" Boynton Beach Fire Rescue sets of hydraulic cylinders and cables. Each set will be capable of operating the ladder in the event of a failure of the other. The extension cylinder will each have a 3.5" internal diameter (bore), a 2.5" diameter rod, and a stroke of 176.5". Extension and retraction will be internally limited within the cylinders, eliminating excess strain on the cables, sheaves, and ladder structure. Each of the cylinder, cable, and sheave assemblies will be completely independent of the other, so as to provide a safety factor wherein a failure of one assembly will not affect the function and operation of the other. The extension cylinders will be equipped with counter balance valves to synchronize the cylinders for smoother operation and prevent the unit from retracting should the charged lines be severed at any point within the hydraulic system. The reeling of the cable will be such as to provide synchronized, simultaneous movement of all sections to full extension. Ultra high molecular weight polyethylene (UHMW) wear pads impregnated with molybdenum disulfide will be used between the telescoping sections for maximum weight distribution, strength and smoothness of operation. HYDRAULICS The apparatus will be equipped with a power take-off (PTO) driven by the chassis transmission and actuated by an electric shift, located inside the cab. The PTO which drives the hydraulic pump will meet all the requirements for the aerial unit operations. The hydraulic system will operate at a nominal 20 gallons per minute at pressures up to 2,700 PSI. A green indicator light will be installed on the cab instrument panel to notify the operator that the PTO is engaged. The hydraulic system will be supplied by a pressure compensating, variable gallonage type pump. The pump will provide adequate fluid volume to allow all ladder functions to operate simultaneously, without noticeable loss of speed. The pump will supply oil only when the ladder is in motion, thereby preventing overheating of the hydraulic oil. When the hydraulic pressure reaches a preset level, the pressure compensating feature of the pump will discontinue any flow into the system. AUXILIARY HYDRAULIC POWER An emergency auxiliary hydraulic motor will be furnished to provide a backup hydraulic system, should the regular hydraulic system fail. An electric switch located inside the hydraulic compartment will start the auxiliary hydraulic motor. The auxiliary hydraulic motor will be installed in the left side compartment directly below the midship turntable for ease of access and maintenance. 62 ~ SUTPHEN' Boynton Beach Fire Rescue INTERLOCK An intertock will be provided that prevents operation of the aerial device until the chassis spring brakes have been set and the transmission has been placed in neutral or the transmission is in the drive position with the driveline to the rear axle disengaged. An intertock will be provided that allows operation of the engine speed control only after the chassis spring brakes have been set and the transmission is in neutral. An intertock system will be provided to prevent the lifting of the aerial device from the travel position until all the stabilizers are in a configuration to meet the stability requirements. The interlock system will also prevent the moving of the stabilizers unless the aerial device is in the travel position. One (1) limit switch will be installed at the cradle to prevent operation of the stabilizer once the aerial has been elevated from the nested position. HYDRAULIC SWIVEL The aerial device will be equipped with a hydraulic swivel which will connect the hydraulic lines from the hydraulic pump and reservoir to the aerial control bank. The hydraulic swivel will allow for 360 degrees of continuous rotation of the aerial device with no loss of speed or capacity in it's function. ELECTRIC SWIVEL The ladder will be equipped with an electric swivel to allow for 360 degrees of continuous rotation of the aerial while connecting all electrical circuits through the rotation point. A minimum of twenty-six (26) collector rings will be provided. TURNTABLE The turntable will be a minimum 63" in diameter. It will be covered with slip resistant aluminum diamondplate to provide secure footing. The turntable will be lighted for nighttime operation. The turntable will be attached directly on top of the mainframe assembly using 24-5/8" diameter grade 8 bolts. Turntable side plates will be positioned at a 45-degree angle, exactly opposite the angle of the lift cylinders, to act as a partial counter-balance weight to the ladder. The turntable will be equipped with a rotating mechanism with a steel balanced fly wheel connected at one end which will rotate the turntable 360 degrees through a 63 ~ SUTPHEN" Boynton Beach Fire Rescue planetary gear box that will handle torque loads imposed by water hammer and hose breakage. The rotating mechanism will give the turntable and ladder built-in coast as an added safety precaution to avoid lateral ladder side-to-side deflection (reactionary whipping effect) caused by the ladder being stopped suddenly. The power operated turntable will provide continuous rotating of the aerial structure clockwise or counter cloCkwise, thus enabling the structure to be positioned in any segment through 360 degrees. The rotating mechanism will also provide sufficient power to rotate the aerial sections in any direction at any angle, fully extended, while carrying the manufacturer's rated load capacity with the waterway in operation and discharging water at the tip of the aerial fly section. The complete rotation system will have built-in relief to prevent damage from rotating the ladder into buildings or from overloaded water streams. Suitable indicators, clearly visible at all times, will be provided to facilitate correct alignment of the turntable with the bed of the ladder. An automatic light will be used to show correct alignment for bedding of the ladder from the turntable control station. TURNTABLE BEARING The turntable bearing will be bolted to the top of the mainframe assembly and have a gear diameter of 42". TURNTABLE SUPPORT The turntable support will be mounted mid-ship of truck forward the pump panel. The turntable support assembly will be a welded steel box beam structure extending across the chassis frame 34" x 39" in depth. The measurements of 34" x 39" are important to take shock loads imposed by water turret operation and to give a reserve strength factor to compensate for hose breakage and water hammer. To further compensate for hose breakage and water hammer, lateral tower deflection, there will be steel support gusset beams, one each side, welded onto the turntable side plates. OUTRIGGER JACKS Two (2) hydraulically operated underslung scissor-type stabilizing jacks will be attached to the midship mounted main frame assembly, one (1) jack on each side of vehicle with a minimum spread of 16 feet. Both jacks will be operated by two (2) midship mounted hydraulic valve handles. The hydraulic cylinders will be enclosed in a protective heavy duty tubular frame. A solid steel fail-safe pin will be provided for each jack tube. Said pins will be manually inserted through the tubes after the outrigger jacks have been positioned. 64 ~ SUTPHEN" Boynton Beach Fire Rescue The outrigger jacks will have a maximum spread of 16 feet from pad to pad. The control is electric over hydraulic with electric push button activation. BOOM CONTROLS There will be an operator's position with four controls located at the base of the turntable flooring next to the left side pump panel area. The controls will be spring loaded to bring any operation of the tower controls back to a neutral position. The four controls will have the following functions: I. Outrigger jack controls. 2. Raise and lower. 3. Extend and retract. 4. Rotation 360 degrees right and left. The controls will be equipped with a latching, hinged cover for protection. A hydraulic lockout will be provided that will prevent aerial operation until the outrigger jacks are set into position. Hydraulic power is transferred to aerial operation when outriggers are set. Power can be transferred back to the outriggers only after the aerial has been bedded. There will be a plaque located at the controls displaying functions. A slide out step will be provided at the controls for safety of the operator. INCLINOMETER An illuminated inclinometer will be provided and mounted in plain view of the pedestal operator location. CENTRALIZED CONTROLS All outrigger jack controls, turntable controls and pump controls will be located in one centralized area to: a) allow person(s) close proximity to all control stations of the truck, b) allow faster set up time for all operations of the truck. AERIAL DATA PLAQUES Load instruction plates will be located at the tumtable pedestal control station indicating the recommended safe load of the aerial. The aerial will carry the rated load capacity indicated in the following manner: raise, extend, rotate, retract and lower without exceeding the hydraulic pressures prescribed by the manufacturer. 65 ~ SUTPHEN' Boynton Beach Fire Rescue OPERATIONAL TEST After starting the engine, setting the jacks and transmitting power to the aerial, a complete cyde of the aerial operation will be carried out as follows: With one person operating the machine from the control station, raise the aerial from the bedded position, rotate 90 degrees and extend to full height. This will be completed in less than 150 seconds, smoothly without vibration. WATERWAY The waterway will be constructed of a heavy duty light weight aluminum tubing. Steel tubing will not be acceptable due to the added weight factor. The waterway will be piped directly from the pump with a maximum of five 90 degree swivel joints to keep friction loss to a minimum. There will be a stainless steel flex tube (4" minimum) from the 90 degree swivel joint and attaching to the base section of the waterway. The base section of the waterway will be a 5" minimum diameter and finish with a 3-1/2" diameter in the fourth section of the aerial. The waterway will have the capability of flowing a minimum of 1000 gallons per minute. The waterway will be capable of being pinned at the tip of the third or forth aerial section. It will have full flow capability at either position. The lower end of the waterway will be a mounted to a stainless steel flex tube through hydraulic swivel to a 3" ball valve in a special opening at the top of the pump manifold. The waterway will be enclosed in the base aerial section, thereby protecting it from possible damage from buildings, roof cornices, etc. There will be a waterway control at the pump panel. The valve will be an Elkhart 3" ball valve with an electrical actuator. FLOWMINDER The apparatus will be equipped with a Class1 Flowminder on the waterway discharge line to give the pump operator or engineer an indication of actual volume of water (in gallons per minute) being discharged. The Flowminder system will consist of: 1. A digital display that will be weatherproof with super-bright digits at least 1/2" high. The display will be wired to the flow transmitter to show flow. Each display will be labeled with color-coded ID tags. 2. A flow transmitter mounted in the discharge line piping between the pump and the discharge outlet. The transmitter will consist of a weather resistant black composite 66 ~ SUTPHEN' Boynton Beach Fire Rescue housing with a stainless steel, durable paddle wheel. The only part inserted into the water flow path will be the paddle wheel. 3. A set of weather resistant connectors to connect the digital displays to the flow transmitter and to the apparatus power. 4. Machined mounting hardware to hold the transmitter in the correct position in the discharge line will be provided and placed in strict accordance with the Class1 mounting requirements. 5. The flowmeter will be checked and calibrated prior to delivery of the apparatus. AERIAL SPOT LIGHTS There will be four (4) Unity brand spotlights with individual on/off switches for the aerial tower; two spotlights will be mounted at the tip of the ladder, one each side, and two (2) at the base section of the ladder, one each side to act as aerial tracking lights. MONITORINOZZLE There will be one (1) Elkhart Vulcan RF monitor installed at the end of the waterway. It will be attached to the end of the yoke with a 4-bolt flange. This monitor will be capable of up to 1250 G.P.M. Positioning of the monitor will be accomplished through electric controls located at the aerial tip, pump panel and hand held transmitter. This monitor will be equipped with an Elkhart SM-1250 E nozzle and a 248A stream shapero The flow pattern will be adjustable with the electric controls. INTERCOM A Fire Research two-way voice communication system will be provided between the aerial/adder operator's position and the monitor position. The speaker/microphone at the tip will allow for hands-free operation. ELECTRIC UP THE LADDER A 11 O-volt circuit will be provided up the ladder, complete with reel and junction box. STOKES RACK A Junkin, Model SAF-3000WPC, plastic coated steel frame stretcher basket (stokes basket) will be mounted on base section of boom. OPERATION AND SERVICE MANUALS Two (2) complete "Operation and Service" manuals will be supplied at the time of 67 ~ SUTPHEN" Boynton Beach Fire Rescue delivery . Service manual instructions will include service, maintenance and troubleshooting for major and minor components of the truck. The apparatus manufacturer will supply part numbers for major components (i.e. Engine, Axles, Transmission, Pump, etc.). A table of contents, hydraulic, air brake and overall apparatus wiring schematics will be included. A video training tape on the operation of the truck will be supplied at the time of delivery . WARRANTIES The following warranties will be supplied: 1. The apparatus will be warranted to be free from mechanical defects in workmanship for a period of one (1) year. The apparatus will be covered for parts and labor costs associated with repairs for a period one (1) year. 2. Life-time warranty on the frame. 3. Seven (7) year warranty on paint. 4. Ten (10) body structural warranty 5. Ten (10) year cab structural warranty 6. Manufacturers Warranties for all major components. DELIVERY The custom built fire apparatus will be driven from the manufacturing facility to the community by a factory trained delivery engineer who will thoroughly demonstrate the complete apparatus operation and maintenance to the fire department designated personnel. MANUFACTURING & LOCATIONS The apparatus will be manufactured in facilities wholly owned and operated by the company. A complete stock of service parts, and service will be provided on a 24 hours around the clock basis. The company will maintain parts and service for a minimum period of twenty (20) years on each apparatus model manufactured. 68 VI.-CONSENT AGENDA ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gJ August 19,2008 August 4, 2008 (Noon) D October 21, 2008 October 6,2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 16, 2008 September 2,2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15,2008 (Noon) D December 2, 2008 November 17.2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [gJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMEND A TION: A motion to approve a piggyback with the City of Greenacres RFP# 07-003, SPECIALIZED DEBT COLLECTION SERVICES, to Penn Credit Corporation, for the City's Collection Services for Utility Payments, Roll offs, and Dumpster delinquent accounts at a commission rate of 17% of collected funds. EXPLANATION: Currently the City is utilizing RFP# 023-1410-07/JA, with Credit Tech approved at the January 21,2003, Commission Meeting, retaining 20% of funds collected. The current contract expired on January 20, 2008, therefore with Commission Approval we will be able to Piggyback Greenacres RFP# 07-003, SPECIALIZED DEBT COLLECTION SERVICES, that allows for a 17% commission, and the City can retain additional 3% of the collections. The term of this Agreement shall be for one (1) year beginning November 2, 2007 and ending November 1,2008. At the end of the one (1) year period, this Agreement may, at the City of Greenacres sole option, be extended for up to four (4) additional one (1) year terms. PROGRAM IMP ACT: The purpose of this Request for Proposal was to obtain a qualified firm for the collection and associated reports relative to the City's delinquent accounts at the lowest commission rate. The Contract with Penn Credit Corporation was approved by the City of Greenacres Commission on November 2007, therefore this will be our contract period starting date with four (4) additional one (1) year extensions to be exercised. FISCAL IMP ACT: The current contract with Credit Tech is 20% retain age. The collection service allows the City to have the potential of recovering 83% return of the uncollected accounts. Penn Credit Corporation retains 17% of funds collected. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ./ J ..7\, c.,",...." .' /,t. ~......... ;x....::..i" L i. ""~ '- ''"-_ '. City Manager's Signature ~ ~ . A"i'llintlOCitYM7~ P,OO-m,m,nt Scl.v~ City Attornfy I Fman" Cc: Tony Penn - Customer Service Manager File Jean Murphy - Public Works, Administrative Assistant S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC g ~'C{? /'J / ----. .- r:'// ~j .~ tf;cd7 c e7'l4Z- -~)(;;rclz.ct'4(:?'?c. r. 0 q',z~'(;~{ o/r:1' (~ ' .Y70" . /94" L b>..c.e? '... . ,/. ,..: "",,'.z; .9:J~~' /)f:.;M~;;.d;",? /;2 1';7/a5~tJ9-fW 7:/7..f!J::f:.7/"2-:I June 30, 2008 Ms. Janet Allen City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33435-0310 Dear Ms. Allen: PCC approves The City of Boynton Beach to piggyback the contract that Penn Credit Corporation currently has with the City of Greenacres. In addition, we agree to the same terms that are in said contract for RFP No. 07-003: . Our agreed collection fee of 17% . Start date of 11/2/07 ending on 11/3/08 with the option to extended for up to four( 4) additional one (1) year terms upon thirty (30) days prior written notice to the AGENCY. We look forvvard to working with the City of Boynton Beach. If you have any questions or comments, please do not hesitate to contact our office. Sincerely, ~ Brett Templin Client Services Manager DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 08-075 I" ," --~'" ">>,,- -.." . '"" .,.....""'-,., TO: Carol Doppler, Purchasing Agent Procurement THRU: Christine Roberts, Assistant Director of Public Works (~ FROM: Jean A. Murphy, Administrative Assistant <:~~:~0:'-: DATE: July 30, 2008 SUBJECT: Penn Credit Corporation I have reviewed the information In the e-mail you provided recommending piggy-backing the City of Greenacres contract with Penn Credit Corporation. The Public Works Department IS In agreement with your recommendation. Copy: PW Files MEMORANDUM UTILITIES CUSTOMER RELATIONS DVISION Ct.\\ff.\l TO: Carol Doppler ~Ji. t 1~~~ Procurement Services ~~ \\ '" . . . . ,~s ~ .,\",- Anthony Penn ~1iI f ~/ FROM: "."..".", .~~ , ' Customer Service Manager DATE: July 30,2008 SUBJECT: Penn Credit Corporation Utilities Customer Relations Division recommends the City of Boynton Beach piggyback off of the collection agreement between the City of Greenacres and Penn Credit Corporation. The 3% price savings will be a plus for the divisions 2008/2009 budget. cc: Cheryl Smith Agnes Wilson Tia Dobard File AGREEMENT Between CITY OF GREENACRES and PENN CREDIT CORPORATION for SPECIALIZED DEBT COLLECTION SERVICES This is an agreement between the CITY OF GREENACRES, a municipal corporation of the State of Florida, (hereinafter the "CITY"); AND Penn Credit Corporation, its successors and assigns, (hereinafter the "AGENCY"). WIT N E SSE T H, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and AGENCY agree as follows: ARTICLE I SCOPE OF SERVICES The AGENCY shall complete all services as enumerated in CITY RFP No. 07-003 for specialized debt collection services, dated June 24, 2007, and AGENCY'S proposal response dated July 5, 2007 attached hereto as Exhibit "A" to this Agreement and by this reference made a part hereof. Specifically, AGENCY will provide collection services for delinquent accounts of services rendered by the CITY, such as unpaid ambulance transportation bills, parking citations, false alarm fees and any other collectibles deemed eligible for collection agency service by the CITY. ARTICLE /I TERM The term of this Agreement shall be for one (1) year beginning November 2, 2007 and ending November 3,2008. At the end of the one (1) year period, this Agreement may, at the CITY's sole option, be extended for up to four (4) additional one (1) year terms upon thirty (30) days prior written notice to the AGENCY. ARTICLE III COMPENSATION AND METHOD OF PAYMENT The sole compensation to be paid to the AGENCY by the CITY for the services rendered hereunder shall be seventeen percent (17%) of the total amount of debts recovered, collected, and remitted to the CITY by AGENCY hereunder whether paid by a debtor to AGENCY or directly to CITY. ARTICLE IV AGENCY RESPONSIBILITIES 4.1 The CITY hereby agrees to present to AGENCY, from time to time, evidence of indebtedness described in Article I of this Agreement and as further identified by CITY in accordance with the requirements of this Article. AGENCY shall have full right and power to do in its own name and on its own behalf all of the things that may be legally required and permissible to enforce and collect the debts identified in this Agreement and to receive payment in accordance with the terms of this Agreement. However, AGENCY shall not file suit against any debtor unless specifically authorized by CITY through an appropriate resolution adoption by the Greenacres City Council. 4.2 AGENCY shall endeavor to collect all sums due, and shall use its best efforts and professional judgment in collecting, settling, and compromising all accounts assigned hereunder. Upon receipt of payment by CITY as provided in Article V of this Agreement, AGENCY shall promptly execute and deliver, as appropriate, any release(s) or satisfaction(s) of the applicable debt(s). 4.3 Except as provided in this Agreement to the contrary, AGENCY shall undertake to collect any debt described in Article I. 4.4 Upon the request of CITY, AGENCY agrees to release all of its right, title and interest in any debts presented to AGENCY, to cease all activities to recover the sums due, and further agrees that all right, title and interest in any such recalled debt shall thereafter remain with CITY. 4.5 AGENCY shall render the amounts recovered hereunder by check of such collected amounts to Greenacres City Hall, 5800 Melaleuca Lane, Greenacres, Florida 33463, Attention: Accounts Receivable, not later than ten (10) days following the end of each calendar month for the collection period. The report submitted with the collected amount shall detail each account collected (gross amount) and the 17% due the AGENCY deducted from the check amount. Any expenditure by AGENCY on debts that are uncollectible for any reason, are the sole responsibility of said AGENCY and not subject to reimbursement by the CITY. 2 Specialized Debt Collection Services Page 2 of 10 _w,_ ARTICLE V RECORDS 5.1 AGENCY shall keep such records and accounts and require any and all agencies and sub-agencies to keep records and accounts as may be necessary in order to record complete and correct entries as to the services rendered hereunder. All such records shall be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete and incorrect entries in such records will be grounds for CITY'S disallowance of any fees based upon such entries. 5.2 AGENCY shall submit to the CITY, on a monthly basis, data reports which will reflect the following information: (A) A listing of all accounts extracted from the public records for collection. (8) A listing of accounts presented by the CITY to AGENCY for collection. (C) Each listing shall include, at a minimum, the following: 1. The dollar amount of debts outstanding. 2. The dollar amount of debts collected for the month. 3. The dollar amount of debts collected cumulative to date. 4. Final disposition and justification of non-collectibility. 5. Performance Analysis Report 6. Trust Account Bank Statement 7. Any such other information, which the CITY may from time to time request. ARTICLE VI MISCELLANEOUS 6.1 OWNERSHIP OF DOCUMENTS All documents and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the services provided hereunder are fully completed. 3 Specialized Debt Collection Services Page 3 of 10 6.2 TERMINATION This Agreement may be terminated by either party for cause, or by CITY for convenience, upon thirty (30) days written notice from the terminating party to other party. In the event of such termination, AGENCY shall be paid its compensation for services performed to termination date. In the event that AGENCY abandons this Agreement or causes it to be terminated by CITY, AGENCY shall indemnify CITY against any loss pertaining to this termination. All finished or unfinished documents, data and reports prepared by AGENCY shall become the property of CITY and shall be delivered within five (5) calendar days by AGENCY to CITY. For purposes of this Agreement, termination by CITY for cause includes, but is not limited to, the following: 1. AGENCY'S failure to keep, perform and observe each and every provision of this Agreement and such failure continues for a period of more than seven (7) days after delivery to AGENCY of a written notice of such breach or default; or 2. AGENCY'S occupational business license terminates for any reason; or 3. AGENCY becomes insolvent, or takes the benefit of any present or future insolvency statute, or makes a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy or a petition or answer seeking an arrangement of its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy laws, or under any other law or statute of the United States or any state thereof, or consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property, or has a petition under any present or future insolvency laws or statute, filed against it, which petition is not dismissed within thirty (30) days after the filing thereof; or 4. Any assignment by AGENCY of any choice in action or debt presented to it by the CITY, any assignment of this Agreement in whole or in part, or any of AGENCY'S rights and obligations hereunder; AGENCY recognizes and agrees that in the event of the termination or expiration of this Agreement, it will be necessary to assist the CITY and/or a selected successor to AGENCY with an orderly transition and disposition of all accounts previously presented by the CITY to AGENCY. AGENCY shall be paid in accordance with Article III for all collection services rendered through the date of termination and for any accounts authorized to continue beyond the date of termination during any transition period. 4 Specialized Debt Collection Services Page 4 of 10 ...,.,~ .", 6.3 EQUAL OPPORTUNITY EMPLOYMENT AGENCY 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, national origin or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeships. 6.4 PUBLIC ENTITY CRIMES ACT In accordance with Section 287.133, Florida Statutes, AGENCY through execution of this agreement, certifies that it is not listed on the convicted vendors list maintained by the State of Florida, Department of General Services. 6.5 ASSIGNMENT This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by AGENCY, under any circumstances, without prior written consent of CITY. 6.6 INDEMNIFICATION OF CITY 6.6.1 AGENCY shall at all times hereafter, indemnify, hold harmless and defend CITY, its agents, and employees from and against any claim, demand or cause of action of any kind or nature arising out of error, omission or negligent act of AGENCY, its agents, or employees in the performance of services under this Agreement. 6.6.2 AGENCY further agrees, at all times hereafter, to indemnify, hold harmless and defend CITY, its agents, and employees from and against any claim, demand or cause of action of any kind or nature arising out of any conduct or misconduct of AGENCY resulting from the performance of services under this Agreement for which CITY, its agents, or employees are alleged to be liable. 6.6.3 AGENCY acknowledges and agrees that CITY would not enter into this Agreement without this indemnification of CITY by AGENCY, and that CITY'S entering into this Agreement shall constitute good and sufficient consideration for this indemnification. These provisions shall survive the expiration or earlier termination of this Agreement. Nothing in this Agreement shall be construed to affect in any way the CITY'S rights, privileges, and immunities as set forth in Section 768.28, Florida Statutes, 5 Specialized Debt Collection Services Page:; of 10 6.7 INSURANCE AGENCY shall provide, pay for and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance and Professional Liability Insurance with minimum coverage amounts acceptable to CITY. Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. AGENCY shall specifically protect CITY by naming the CITY OF GREENACRES as an additional insured under the Comprehensive General Liability Insurance Policy hereinafter described. The Professional Liability Insurance Policy or certificate shall reference this Agreement, and copies of said policy shall be provided to the CITY Purchasing Administrator and Contract Coordinator. 6.7.1 Professional Liabilitv Insurance: The limits of liability provided by such policy shall be no less than one million dollars ($1,000,000.00). 6.7.2 Worker's Compensation Insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. 6.7.3 Comprehensive General Liabilitv Insurance with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit Liability. Coverage must be afforded on a form to more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent CONTRACTORS, Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The CITY OF GREENACRES is to be named as additional insured with respect to liability arising out of operations performed for CITY by or on behalf of AGENCY or acts or omissions of AGENCY in connection with such operation. 6 Specialized Debt Collection SeNices Page 6 of 10 -,~"., 6.7.4 AGENCY shall provide to CITY prior to the effective date of this Agreement a Certificate of Insurance or a copy of all insurance policies required by Section 6.7 including any subsection thereunder. CITY reserves the right to require a certified copy of such policies upon request. All endorsements and certificates shall state that CITY shall be given thirty (30) days notice prior to expiration or cancellation of the policy. 6.8 PERFORMANCE OF WORK BY AGENCY It is expressly agreed that AGENCY is and shall be in the performance of all work, services and activities under this Agreement an independent contractor and not an employee, agent, or servant of the CITY. All persons engaged in any work, service or activity performed pursuant to this Agreement shall at all times and in all places be subject to AGENCY'S sole direction, supervision and control. AGENCY shall exercise control over the means and manner in which it and its employees perform and work, and in all manner in which it and its employees perform the work, and in all respects AGENCY'S relationship and the relationship of its employees to the CITY shall be that of an independent contractor and not as employees or agents of the CITY. In the event AGENCY, during the term of this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered under this Agreement, AGENCY must secure the prior written approval of CITY'S Purchasing Agent. 6.9 LAWS AND REGULATIONS It is further understood by the parties that AGENCY will, in carrying out its duties and responsibilities under this Agreement, abide by all federal, state and local laws including, but not limited to, the Fair Debt Collection Practices Act. AGENCY agrees to pursue only reasonable collection techniques and will not use any collection techniques which reflect adversely upon the CITY. If the CITY deems any technique utilized by AGENCY, in its sole discretion, to be unreasonable or not in the best interest of the CITY, AGENCY shall cease and desist from using such techniques upon notice by the CITY. 6.10 CONTRACT ADMINISTRATOR The CITY'S Contractor Administrator during the performance of services pursuant to this Agreement shall be the CITY'S Director of Finance. 7 Specialized Debt Collection Services Page 7 of 10 6.11 NO CONTINGENT FEE AGENCY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for AGENCY 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 AGENCY any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 6.12 GOVERNING LAW AND VENUE The Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statue or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 6.13 ATTORNEY'S FEES In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 6.14 AUTHORITY TO ENGAGE IN BUSINESS AGENCY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the CITY'S Contract Coordinator or Purchasing Administrator upon request. 8 Specialized Debt Collection Services Page 8 of! 0 6.15 ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations. correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document. 6.16 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: FOR CITY OF GREENACRES: WITH A COpy TO: Director Of Finance City Attorney City Of Greenacres City Of Greenacres 5800 Melaleuca Lane 5800 Melaleuca Lane Greenacres, FI 33463 Greenacres, FI 33463 FOR AGENCY: Richard S. Templin, President Penn Credit Corporation 916 South 14th Street Harrisburg, PA 17104 9 Specialized Debt Collection Services Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have set their hands and official seals this 2..3':/ day of ~bu .2007. CITY OF GREENACRES A Municipal Corporation of the State of Florida. ~ Jeffreie~ Director of Finance City Seal End9As ~ Form 1 Sufficiency: g c/ ) /' " /" ,::t,---..~/ ..l,-..L... ~=;.>'-li,"'~~t/:?__"'" v' Pamela S, Terranova B City Attorney I . &' ~ lli ' mn . .' . p0:f10'Y\ 91lP &, Jl{fh ~f -tlbj Pa. nCXf ~~ . natur --.... tR\cW'.:lY d S. 1&nf,\~f\ Typed Name -- 1- :.' :~f :, ;,:' , -,,': . - .' .- ^ .<. ",', -" -, ,- . . };".,:"i/iI 'f~ ,: ,', ',__,'i SWORN TO and SUBSCRIBED before me this. I ~+h day of Oc rDber ,2007. (Seal) ,.:.. . YLVN4lA \: .~ =~~~ NOtary Publi ~~~~ .Nt '.'~.J!iIIIIIf..._ Member. ~. My Commission Expires: q.3D. O~ 10 Specialized Debt Collection Services Page 10 of ) 0 ~partmeJltof Flrumce Samuel J. Ferren 5800 ~_ucaLane , Mlly(lt ~-R.. 33463 Wadle Atallal1 (561)~.oo13 Clly MaNl{lll! (561).~m7,Pall Jeffrey A. Price. CGFO Em81k grpIil'i@ci;greenacresJl.us 01rnclOr ot Finwl<:e City of Greenac:pes Octt:>ber 25,' 2007, ,ifODGE.]'O"PROGEED C .."Q ,...~ ' , , ~,' <. Mr. :Qiobartl:;S'41Qm IIh'rPf:eSilJent. .. ~v.:,;-, :i' . ,t ~!'~ " '!, ., ~ ~#~......... . y, ''',\ . Ham$btir.g;~PA,,1710'4 , , , ' ' '$Ub~: '~~~NC);014l~~:~:SpeCial~o~f:it GC?"~rt:~;~ , :' -:', ' , , " ,,"', . , " (,', t . ~;Mr. ::reiTij)1in , , . -, <." ~~ii~~ft>t~PNc;ot.oo3:~eebt CoI_n , ,'.; : ~a$~iYQ;'\:~r:lj;;'> . ';:.1 ~tj[ij{t.!~'i8'\'f:,':'; e:cG'.' ;,;i':Ct\ ~1I:oorW"'" .''c ~":~iiQh,~.". ~;YN~ijernber: 2:, ..;'07 ~~rf,""ur~"I"iir<C;l;c;tl~ll&~.j~;Js';i',L~~W~.,..'itl~' 'dq,~,t :~\~\i an 'Ollm""'" d .0, ~r' . ' ' '~'. '.U, EmS,' '. : e ,en e of arm "' n wdti~g'jna~ig~~':;~~~!'"'1hez:~~:;ana:;:'~1~~10fl~' .(!)f:.:the:;~~~mEirit. . As specified in the agri:leJt1entdocumet.i1tsj:~!agream~'n1ay, atttleaiW's'SClle~pUCJnt:be eXtended for up to four (4);~l:iklitlOAal'one{1)'Year;t~. ..' " AttaOhed'is yotlirCQpy'.of,ttu1~;,~igned~agree,l':t'lent The city'scolitactS for services provided under this;'a.g~rr'fi).I1t area$;(~llo'Ms: ' Prima.ry Oontact:" ,lrlSe.r~~ms.~~'C,q4il!!;.Receivabl~ :Tce<?1niclan. 'T~I~pflpn,~: 561~42~2012 ~a~'~~~a2Q57 - .',." ~" -, .- '" , ' ,..... i",;;;",~"""'.",h.,,,,\,,,:.,,. ,..' '" . . e-malll,' '." .1f.~9~,teefll8Cres;flfLIs SeCondary CP~Qt: 'Jim'~9~iit#i$~ :~,~nt:ff:J!lanoe Director , , ':j.e~6im$S~~2~2020, , . ,FaXi~5a'~2;26a7 ' ':. _, '~.f.::.:I,<'.'>' <:~'4"~'~$~' :_ _', .' 'l:i-m~if.dMolnmls~d;~~cresifhus " PI~Cl~@i m~~' ~~.~W~ll'o~r;:.QIi~nt"colle,t;;~!(;IAS firmt':,P,ro,g~$siveFlnFlnbial Services, to C()ofdijlj~i~tt$.;~~'t;;t~~,if~;:~~riaO:N~i~~r' 16..~qq7:,J:)I~~.~:i,I~9i~n.6t Inger Adkins, ,as:41s:t~~C()"fm:~_i:atl~~aJt:ime,:tnei;PrOcessfo~,:~m{ig:icitirrent'ciEtlinq'uent account . ~,. ',' ,.ti ,'..' '. ,'" ' '... IA prma. ~n. We.lookforward~:WQrkimgi3A(itb:~~tirmto';icior~as;Et OJJr:C!letl~j;liijt~!lCa;n3nfcottection rates! ~n,.. ',~ ,'> ' ", .,' 'ti>' I." \" ,,' ~ ~~", ,-' ,.-, ". ", PJ~~~Milri.9PPB . . . PtirchaSihg'A'dmiriiStrator ''''' 9.9';,' J~;; CITY OF GR.EENACRES Council Agenda Memo 2007.08AM2.01 TO: Mayor and City Council THRU: Wadie Atallah, City Manager FROM: Jeff A. Price Director of Finance SUBJECT: Specialized Debt Collection Services (RFP No. 07-003) DATE: August 30, 2007 BACKGIROUND: The City of Greenacres maintains a contract with a qualified Agency to provide Collection Services for delinquent accounts of services rendered by the City, such as unpaid ambulance transportation bills, parking citations, false alarm fees, and any other collectibles deemed eligible for collection agency service. Progressive Financial Services is the agent currently providing debt collection services for the City at a collection fee of 17.5%. The contract with Progressive Financial Services expires in November 2007. The City's Purchasing Division advertised RFP Number 07-003 for Specialized Debt Collection Services on June 24, 2007. Eight (8) vendors were sent Request for Proposal Notices. On July 18, 2007 the City opened proposals received from Accelerated Receivables Management, Penn Credit Corporation, and Transworld Systems Inc. ANALYSIS: The selection committee staff evaluated and ranked each of the three firms. The attached spreadsheet summarizes the points assessed for each firm. Based on staff evaluation, Penn Credit Corporation was ranked as the top firm. Penn Credit Corporation provided services to the City from years 1997 to 2002. Their current references were caHed and came back positive. Penn Credit has provided debt collection services to Palm Beach County since 1997. They also have worked with the City of West Palm Beach, City of Boca Raton, and City of Orlando. FINANCIAL INFORMATION: The awarded firm is compensated solely based on a percentage of actual collections recovered and remitted to the City. Penn Credit will provide and remit payment to the City for the gross total of actual collections less collection fees of 17% for each month. Council Agenda Item Page 2 Memorandum 2007.08AM2.01 LEGAL: The proposals have been reviewed in accordance with applicable City Code requirements. STAFF RECOMMENDATION: Approval to award RFP No 07-003 to Penn Credit Corporation based on staff analysis and recommendations. .,4~ flI~ Alyssa Milo, CPPB Purchasing Administrator Attachment: Selection Committee Evaluation Spreadsheet VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.7. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J August 19, 2008 August 4,2008 (Noon) o October21,2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 16, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: A motion to approve a "Temporary Sulfuric Acid Surcharge", Bid # 01l-2821-08/JA, "ANNUAL SUPPLY OF SULFURIC ACID" to Shrieve Chemical Company, of Woodland Texas, Estimated Expenditure will be $300,427.50. EXPLANATION: On January 2, 2008, Commission approved the Bid award for Sulfuric Acid to Shrieve Chemical Company, of Woodland, Texas. There have been recent increases in the transportation costs of Sulfur thereby resulting in increased sulfuric acid prices. In an effort to counteract these price increases, Shrieve Chemical Company has passed some of the increase to its customers by way of a temporary sulfuric acid surcharge. Shrieve Chemical Company has always provided a good product with excellent service. PROGRAM IMPACT: The purpose of this bid was to obtain a contract for a one (1) year period for the purchase of sulfuric acid. The West Water Treatment Plant uses 93% sulfuric acid to lower PH of the feed water to prevent calcium carbonate (CaC03) from precipitating onto the membrane surface during the water treatment process. The West Water Treatment Plant anticipates using 5,000,000 pounds per one (1) year period. FISCAL IMP ACT: BUDGET ACCOUNT NUMBER ESTIMATED EXPENDITURE TO INCLUDE ADDITIONAL TRANSPORTATION CHARGES 401-2811-536-52-35 $15,427.50 Current Estimated Expenditure: $285,000.00 Total Expenditure: $ 300,427.50 This increase in transportation costs is good through October 15, 2008 ALTERNATIVES: Due to increase costs for fuel, Procurement Services has been receiving correspondence from vendors requesting increases in transportation costs. Since the bid is only half over, the Utilities Dept feels that it is better to accept a temporary sulfur surcharge than go out for another bid. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH ;:;i ,AGENDA ITEM REQUEST FORM ~ ~/J (<;/O~~ ~..I / '-.J '''( ',-,;'7'< j ~~.,--"; .A. ";{c, ._, . -it... (_' ~ ......,,-c '--"'-"- Department Head's Signature city Manager's Signature ~~ A"i"ant to City MHg" ~ City Attoin,~:a1, ---.. - S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORMDOC -~""f~D Memorandum '~- c. I'j,,,, " '~,:,' , ,1)10. !t. +~," ;f.>-~~' ~"'(, \f, ~ Utilities # 08-59 ~"!'\R nil r' iiJU"; J"'&e "c5 pF,~,'.. -" .' _. _.__' To: Bobby Jenkins ..--.----- ---- Assistant Director of Financi From: Kafi Baateng ~ 7-{l(DB Utilities Director Date: July 2, 2008 Subject: Sulfuric Acid Temporary Sulfur Surcharge Sulfuric Acid is used at the West Water Treatment Plant for lowering the pH of the membrane feed water to prevent calcium carbonate from coating the membrane surface. The current bid for purchasing sulfuric acid is with Shrieve Chemical Company and was approved by the commission on January 2nd, 2008. Shrieve Chemical Company has always provided a good product with excellent service. There have been recent increases in the price of sulfur thereby resulting in increased sulfuric acid prices. In an effort to counteract these price changes, Shrieve Chemical Company has passed some of that increase to its customers by way of a temporary sulfuric acid surcharge. Since the bid is only half over and all chemical companies are affected by this price increase, we feel that it is better to accept a temporary sulfur surcharge than go out for another bid. Please place this item on the next city commission agenda for approval. If you have any questions, please contact Bevis Pigott at 742-6420 or Dave Ailstock at 742-6953. xc: Michael Low Barbara Conboy, Bevis Pigott Dave Ailstock File 'F Pagt' I Ii Allen, Janet From: Ailstock, David Sent: Monday, August 04,2008 1:41 PM To: Allen, Janet Subject: FW: Shrieve sulfur/sulfuric crisis boynton beach Attachments: Shrieve Surcharge Ltr(2).doc; Sulphur Market Jan2008 1-22-08.pdf; 052608.pdf .. "~ ......' ";/"~:" '". "';';'_~i~&'~~i.f,2.l~Q.?~.!. ~.. "., ,. ,'" _i'oi.:!lifj;! <..J>'," . ~.:'! .. "...;W'of. ,.."-ii,' ,-,,-, - _ ,_' _..'-, .. " ". .r . .\ ._ '..<, 't':..~.,;._ ,,', . .......-'..~~:_,. \~..',..s.'.:m.. ;"'_ ,__ .. (',,, .",' ~;~;1,..,..,-,,*I:" ~,. .Jl. M",-~.;.".,. ,s:t<:.. -" j .;' From: ailstocks@bellsouth.net [mailto:ailstocks@bellsouth.net] Sent: Monday, August 04, 2008 1:36 PM To: Ailstock, David Subject: FW: Shrieve sulfur/sulfuric crisis boynton beach ___n_________ Forwarded Message: _n___________ From: bm427@yahoo.com To: Dave Ailstock <ailstocks@bellsouth.net> Subject: FW: Shrieve sulfur/sulfuric crisis boynton beach Date: Mon, 04 Aug 2008 17:30:35 +0000 William V McLain --- On Mon, 8/4/08, Ted Threadgill wrote: > From: Ted Threadgill > Subject: FW: Shrieve sulfur/sulfuric crisis boynton beach > To: bm427@yahoo.com > Date: Monday, August 4, 2008, 1: 15 PM > Ted Threadgill > Shrieve Chemical Company > Business Manager-Sulfuric Acid > 800-367-4226 > > -----Original Message---n > From: Ted Threadgill [mailto:tthreadgi11@shrieve.com] > Sent: Tuesday, May 27, 2008 11 :00 AM > To: Janet Allen (allenj@ci.boynton-beach.fl.us) > Cc: Evelyn Johnson (ejohnson@shrieve.com) > Subject: Shrieve sulfur/sulfuric crisis boynton beach > > > Dear Janet, > > It was my pleasure to speak with you earlier. > > Attached please find a proposed resolution to the current 8/4/2008 Page 2 of3 > sulfur crisis in > the form of a temporary sulfur surcharge. Also attached is > a presentation <:' market fundamentals (without the latest April 21 st > Increase) and The > Green Markets publication that the sulfur surcharge would > be tied to. > Please review and call me to discuss. > > Your current pricing, even with this surcharge added is > well below current > market pricing. Pompano Beach was the last public bid > I've seen (March) > and was priced at $302.95 per ton. Your current price is > $.057 or $114.00 > per ton. 100% of the surcharge will go to the producer > (MOSAIC) to combat > this historical cost increase. > > We have product contracted for Boynton through October 15th > of 2008. This > Sulfur surcharge will keep the producer from loosing > (potentially) > millions of dollars over that period and keep them > committed to the local > market. They predict this is a relatively short term tuation that will > go away when scheduled sulfur production gets back to > normal, and > domestic prices raise to meet International demand....then > of course the > surcharge will go away and things should return to normal. > Until then the > only answer to insure sulfur and acid keeps flowing is for > prices to go > up. Regardless, we have no intention of a municipality (or > any of our > customers) going without sulfuric, please be assured. > > It would be acceptable to Shrieve should Boynton choose to > go back out to > bid although in the current environment what we are > offering should be > much more attractive to Boynton. We greatly appreciate your > consideration > of working with us and the local producer through this > situation for the > long term health of our acid supply stream. '=> look forward to talking to you soon. > > > > Ted Threadgill 8/4/2008 f)agc ,i (\ I > Shrieve Chemical Company > Business Manager-Sulfuric Acid > 800-367-4226 8/4/2008 Shrieve Chemical Company 1755 Woodstead Court The Woodlands, Texas 77380 TED THREADGILL (800) 367-4226 Business Manager- Sulfuric Acid Fax: (281) 292-2014 May 27,2008 City of Boynton Beach Janet Allen Dear Janet, On January 18, 2008, the sulfur industry initiated a US$ 140 LT increase on sulfur, essentially bringing the Tampa price index to US$ 252 LT. This was followed by a $200.00 increase April 21 setting the Tampa Posting at $452.00. These are unprecedented events that has affected a number of related industries. Since acid. and other sulfur derivatives (S02, sulfite, bisulfite, fertilizers, etc.) are dependent on sulfur, these markets have been significantly impacted by the increase in sulfur pricing. The result of this impact is that producers will be forced to increase pricing or possibly shut down production. Shrieve Chemical will initiate a "Temporary Sulfur Surcharge" ("TSS") of US$ 115.60/st, "as-is basis" effective June 1,2008 for all sulfuric acid shipments. The TSS will adjust up or down based on the next quarterly published price change for sulfur. The formula used for this surcharge will be any Tampa Green Market Sulfur Contract Posting Average above $112.00 (baseline Sulfur Posting) times .34 (i.e. $340.00 X .34 = $115.60). Future invoices will include a "Base Acid Price" line and a TSS line, providing information for your customers and management regarding sulfur market conditions. We recognize that these market conditions and the TSS are difficult on customers and suppliers alike. We believe that instituting the TSS equitably reflects the market changes and helps to preserve availability of future supply. Weare prepared to work with and support you in whatever way we can. We have developed the attached documentation regarding sulfur market changes that may assist you in better understanding this situation and will be happy to review it with you at your request. Regards, Ted Threadgill Business Manager-Sulfuric Acid Sulphur - Unprecedented Market Situation · North American Sulphur supply contract prices are typically linked quarterly to the Tampa recovered Sulphur index as published in Green Markets. · This index price is established through negotiations between the major buyers (Fertilizer producers) and the major suppliers (Oil and Gas). · As of January 11 , the Tampa Q1 '08 index settled at an average of $252 per Long Ton, completely off the scale of the last 1 0 years. · Consumers of Sulphur are not able to absorb this extra- ordinary market increase. North American Sulphur Price Index _~ _,____ mu____ Tampa (c) Recovered History 280.00 260.00 240.00 220.00 i=' 200.00 ~ 180.00 ~ 160.00 - 140.00 B 120.00 'r:: 100.00 iO- 80.00 60.00 40.00 20.00 0.00 ., ~ OjCb OjO) (0<0 (0<0 (0' (0' (0~ (0~ (0~ (0~ (0~ (0~ (0<0 ~ (0Cb ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a 0 a 0 a ~flj ':>v ,:>fli 00 ~v ~'Q ,:>fli 00 ~v ~ ,:>fli Quarter , . - , \l " - Vancouver -ADNOC , .'. -..... ,"-'-""~'-C"-"-"~"__". -~'"'''''''''''''---_''_''''___~_'_ .."._ " .._~.-.._--~---,._._.,~- r: H i 'i: ij , ' ,1 t,] ~1 f] ;:1 f:l !1 u n~ " 'I:: ii [; 1,111' )1 n ;:~ I, r: ~ ~ ,', n, ,n ij , ; ~ f I I I I ~ I I. I . - .- . Sulphur - Unprecedented Market Situation us Market Overview: US Sulphur Market Disrupted due to 3 main factors: .:. US supply has been less than expected as refinery expansions have been delayed, and there has been an unusually high amount of unplanned downtime. .:. Global Sulphur demand has been surging predominantly due to the "China effect." The US Sulphur export capability, which was initially built as an emergency relief valve for a potentially over-supplied market, is now linking US prices to the surging international market. .:. Extraordinarily high prices for the end-use products that consume Sulphur (Fertilizer and Metals), have driven up demand, and the ability to pay more for scarce Sulphur supply. Products that use Sulphur are booming us Phosphate Fertilizer (DAP) Copper Price Index Price Index ~tonne $/tonne 50 10000 600 9000 550 8000 500 7000 450 6000 400 5000 350 300 4000 250 3000 200 2000 150 1000 100 0 02 03 04 05 06 07 02 03 04 05 06 07 Source: Pentasul Source: Pentasul . 700/0 of US Sulphur is used for the production of Phosphate fertilizers (DAP). Spot prices reported last week at all time high of $675 US/metric tonne, up from $240 a year ago. . A growing use for Sulphuric Acid is to leach metals such as Copper and Nickel, as metal prices have surged. Historically these metals were produced from Sulphide ores by means of smelting, with Sulphuric Acid being produced as a by product. But as these rich Sulphide ores have matured another process called Pressure Acid Leaching (PAL) has been developed and this is a net consumer of large amounts of Acid. Sulphur - Unprecedented Market Situation us Supply Analysis: us Sulphur Producers: (Annual MM tonnes) .:. About 72 MM tonnes are ExxonMobil 1.4 produced globally, in all forms. ConocoPhillips 1.3 Valero 1.1 .:. North American Sulphur supply Shell Oil Products US + Motiva 0.9 is approximately 11 .5 MM tonnes broken down as follows: Chevron 0.7 7 MMT from US Oil refining Lyondell + CITGO 0.7 . BP 0.5 . 1.5 MMT from US Natural Gas Koch 0.4 . 3 MMT from imports (Canada, Mexico, Venezuela) Marathon 0.4 ",-- Total Top Nine 7.3 ..-~ -.-- Others 1.1 _.__..._->--~--~--- US Total 8.4 Future Expectations Longer term, sulphur supply has been forecast to outpace demand: Supply: Major new supply globally from all recovered sulphur sectors should come on stream (22 million metric tonnes growth in all-forms by 2012) -sources of crude oil supply contain higher Sulphur content (more "sour" crude) -sources of natural gas supply contain higher Sulphur content (more "sour" gas) Demand: Sulphur demand will increase gradually, but will not keep pace with increased supply, and location of demand will shift. DAP plant projects (new or expansions): -Morocco 0.75 MMT/yr in 2008 -Vietnam 0.15 MMT/yr in 2008 -China 2.5 MMT 2007-2009 -Saudi Arabia 1.44 MMT/yr in 2010 -Brazil 0.26 MMT by 2010 -Algeria, Tunisia, Egypt, Jordan - potential for nearly 2 MMT/yr This new DAP capacity may pressure US DAP producers to curtail their production for export (approximately 400/0 of their current output). Industry experts predict prices to start to normalize to historic levels during second half of 2009 / early 201 O. World Supply Demand Balance 80000 70000 60000 50000 40000 30000 20000 10000 0 1990 1995 2000 2005 2010 2015 _ Oil _ Gas _ Oil Sands c:=J Mined - China -+- Demand Source Pentasul http://greenmarkets.pf.com · A Pike & Fischer Publication GREEN MARkETS FERTILIZER MARKET INTELLIGENCE WEEKLY Prices · Politics · Economics · Transportation EuroChem awarded zero percent urea dumping margin May 26, 2008 in DOC new-shipper review VOLUME 32 NUMBER 21 In what is a victory for Russian fertilizer producer MCC Eurochem, the U.S. 30th ~977-2008 Department of Commerce has issued a final decision in EuroChem's new-shipper review, setting a zero percent weighted-average margin on solid urea imports from the Russian Federation produced and exported by EuroChem based on a specified JlLnntVersaty period of review. All other Russian fertilizer manufacturers or exporters will still be subject to a 64.93 percent tariff, the rate established by the existing anti-dumping Celebrating over 30 years of duty order against solid urea from Russia and Ukraine. Editorial Excellence EuroChem had requested the new-shipper review in January 2007, claiming that it did not export solid urea to the U.S. at less than fair market value during the period of review from July 1, 2006, through Dec. 21, 2006, and that it has never been af- filiated with any Russian exporter or producer who exported solid urea to the U.S. 2 NOLA gran urea soars during the antidumping duty order period of investigation. The DOC followed that request by initiating a new-shipper review, but a group 3 Indian intentions dominate of fertilizer companies known as the Ad Hoc Committee of Domestic Nitrogen Producers submitted a letter to the DOC in February 2007 arguing that EuroChem IFA meeting was not eligible for a new-shipper review because its factories existed and produced urea during the period of investigation, and because it was affiliated with entities 3-7 Vietnam books Qafco urea see EuroChem, page 16 13-14 LSB eyes partner for Pryor CVR examines alternatives for fertilizer IPO; UAN off-take company postpones nitrogen plant turnaround 15 Congress overrides farm CVR Energy Inc. executives recently told analysts that the company is examin- bill veto ing alternatives to the CVR Partners LP IPO (GM March 10, p. 1) in light of the changing fertilizer market. CVR Energy Inc. is itself a recent IPO, and trades on the New York Stock Exchange. CVR Partners LP was also to be an IPO and would include the CVR nitrogen plant and some other assets, with CVR Energy retaining majority ownership. CVR Energy consists of the refinery and nitrogen plants in Coffeyville, Kan. "We are reviewing alternatives available to us to maximize the value of the fertil- izer business in a public environment," said John Lipinski, CVR CEO. "I mean we need to go back and revisit where we sit with all of that. In the short time that we have filed, the business has changed significantly... We are analyzing it to make "' sure we maximize shareholder value." SPOT BARGE PRICES Since the fertilizer IPO is still in the quiet period mandated by SEC, the officials StlFOB U.S. Gulf could not comment as to what alternatives are being considered. Ammonia 580 CVR has said that because of high fertilizer prices it has decided to postpone a planned mid-year turnaround of its fertilizer facility until October. In the meantime, Urea (g) 600-655 the company said that in May it had to take a several day outage at the facility in Urea (p) 600-620 order to replace a specialty catalyst. However, the company said last week that the CAP 990-995 plant is back in operation. · All prices, see pages 4-5 see CVR, page 16 ~ Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischer Duplication in any form without written permission is unlawful. I Market Watch I pliers are ready to listen. The lack of demand from the 1 S is reportedly driving the softening of prices in Yuzhny), One Asian source noted that eventually the governme'n: in Kiev will have to adjust the KIP downward, The repre AMMONIA sentative of a producer in the Middle East said he tigure'd U.S. Gulfffampa: The Tampa ammonia price has dropped the price would not drop below $400/mt FOB, Others said $40/mt for June to $51 O/mt DEL, according to sources. Yam sub-$400/mt FOB is likely. was reported to have agreed to this number with Mosaic. No matter what the market says, unless the govern me III In the meantime, there were reports of NOLA prompt drops the KIP, any deals below $420/mt FOB will have te business being done at $580/st FOB, down $30/st FOB from remain 1D limbo, the long-standing benchmark. Sources have speculated for As far as the participants at the IFA conference are con- some weeks that that number has been under pressure and cerned, the price remains soft - but not anemic - at $4~(I- should see a drop, $440/mt FOB, Eastern CornbeIt: Sources continued to quote the spot am- Correction: Due to a typographical error in the Black Sea monia market at $800-$820/st FOB regional terminals, with ammonia report, Green Markets last week reported the uj. the low end out of spot Illinois River locations and the higher ficiallowest price offered from Yuzhnyy, the KIP, as $20/mt numbers reported in Indiana. Movement was described as spotty FOB. The correct amount is $420/mt FOB. last week, Some suppliers continued to reference very bullish Middle East: Prices remain soft as the Black Sea price numbers for forward contract tons, with postings as high as drops and Indian demand does not match expectations, $1,020-$I,030/st FOB in the region for June forward. Sources had expected Indian buying to pick up, but until all Western CornbeIt: The ammonia market remained at $760- the deals for other inputs are secured by the DAP producers, $800/st FOB regional terminals for spot tons, with delivered demand is expected to remain soft ammonia quoted at the $81 0-$820/st range in central Mis- Reports of deals as low as $450/mt FOB have circulated souri from southern production points. One source reported Trying to nail down seller and buyer has been difficult. ()I1L' booking some fall prepay tons recently at the $885/st FOB producer agent noted that sub-$500/mt FOB is likely, hut level. and some suppliers were referencing forward contract not yet done. ammonia for as high as $ I ,000-$1 ,020/st FOB in the region Sources say that with only the discussion of prices bet\v een for June forward shipments. potential buyers and potential suppliers, the price hovers JUS! Southern Plains: Ammonia prices were strengthening, above and below the $500/mt FOB range. A good be1. ',;l1d Sources tagged the market at $700-$760/st FOB regional one observer, is $490-$500/mt FOB, terminals, up from numbers in the mid- to high-$600s/st Western Europe: Prices here reflect the continued decline FOB one week earher. Pricing out of regional production in the Yuzhnyy price. Sources say the apparent lack of nell points was reported in the $700-$725/st FOB range, while dcmand from the U.S. is having a positive inn uencc on prk' pipeline terminals were said to be at the upper end of the ing - if you are a buyer - in Western Europe. Prices are 11< <" range to the dealer. A Colorado source reported booking pegged in the low-mid $500/mt C&F tons for immediate shipment at the $700-$710/st DEL level at mid-month, but speculated that delivered prices UREA were higher last week, U.S. Gulf: Taking its cue from the international market. the Agrium reposted anhydrous ammonia on May 6 to $725/ NOLA granular barge market was back in action again last st FOB Clay Center. Kan.; $720/st FOB Conway, Kan,; week. with another frenzied run-up in prices. Sources said the $7 15/st FOB Mocane, Okla,; and $695/st FOB Borger, week started with product trading near the $600/st FOB marh Texas, Agrium's delivered postings from the Borger facility However, as many players eased into their trading rituals at moved on May 6 to $720/st in Texas north of Interstate 40, the Vienna !FA meeting, NOLA prices took off. By midweeh. and $725/st in Texas and Oklahoma south of Interstate 40, sources were reporting that prices had easil y climbed to the $6 ~(). Those levels reflect a $50ist increase from the company's $630ist FOB range. By late Thursday and early Friday source;, April 28 ammonia postings in the region, reported that prompt barges had moved into the $640-$655/s1 Sources said retail pricing has definitely not kept up with FOB range. Prills were being offered at $640/st FOB replacement costs on nitrogen products. "This doesn't do any Sources cited several factors; however, the foremost one wa;, real favors for the end farmer customer," said one source, "If the strong international market. Sources noted big demand the retailer is not willing to take the time to keep pace with the from India and other countries, as well as concerns that China market and make incremental moves and they then have to take may not have export product later in the year due to both the''' major steps to keep up. they had better keep a defibrillator handy own domestic demand and earthquake damage. Sources ;,aid to use on the customers that suffer from the price shock." the U.S. price had gotten so low again that available barge, South Central: The anhydrous ammonia market was were once again possible candidates for re-exports. In addi- pegged at $650-$700/st FOB regional terminals. with the tJOn, the U .S, is on the eve of rice season, whIch was another low for spot tons FOB Memphis, Tenn, positive factor for sellers, Black Sea: Despite the official KIP of $420/mt FOB. Eastern Cornbelt: Granular urea was quoted at S625. sources report buyers are pushing for much less ~ and sup- $f155/st FOB in the region, 2 May 26,2008. GREEN MARKETS Copyright @ 2008, Institute of Management and Administration, Inc, - Published by Pike & Fischer Duplication in any form without written permission is unlawful. Western CornbeIt: Granular urea pricing was quoted three separate formula programs would be a nightmare. A at $625-$650/st FOB in the region, down slightly from the trader also noted how untenable having multiple formula previous week's high. The low end was reported in Missouri, contracts at various prices would be politically for the Indian while sources quoted the dealerreference price FOB Clinton, government. Iowa, firmly at the $640/st level last week. One Nebraska The conventional wisdom has STC coming in quickly to source quoted delivered urea at $665/st FOB. replace the formula tender it scrapped earlier this year. The Southern Plains: The granular urea market was pegged other two buyers are then expected to soon follow suit. at $625-$650/st FOB regional terminals to the dealer. One Reportedly, the warehouses are sufficiently full to get the supplier was offering forward contract tons FOB Inola, Okla., application season started. But getting the season started and for as high as $713/st for June and July. keeping it going are different. The Indian buyers could hold South Central: Granular urea pricing covered a wide off a short while, but not too long, say sources. range in the region, but was up significantly from last report. The generally-agreed-to numbers are that 1.5 million mt Sources tagged the dealer market at $630-$670/st FOB will be needed by the end of the summer, and 5 million mt regional terminals, with most quotes reported in the $630- by the end of the year. $650/st FOB range last week. Deliveries during the summer have always been tricky Southeast: Sources reported some nitrogen movement because of the monsoon season. If, however, there is no on com in the region. The urea market was pegged at $640- near-term end in sight to high urea prices - and this is also $660/st FOB port terminals in the region, up considerably a generally agreed-to idea - the buyers may have to accept from last report. The Savannah, Ga., and Charleston, S.C., summer deliveries. markets were quoted in the $650-$660/st FOB range last The idea is to take what is available as soon as possible as week to the dealer. a hedge against higher prices down the line. India: Throughout the IFA conference the question As long as China stays out of the market, sources say, was: "What will the Indians do about their urea needs?" India will have to depend on the Middle East or the Black The only answer that came out was that STC was ready Sea for its tons. And both markets are now saying $700/mt to call another tender, either as the IFA meeting closed or FOB is the magic number to get into the negotiating room. the next week. One source added that when an Indian tender is announced, With urea export prices continuing to hit record high levels, the Middle East suppliers will be looking at a minimum price sources say the Indian buyers will have to come to some sort of $750/mt FOB. of accommodation between the country's urea needs and the And that price will only be good if the first tender is called nation's budget. The cost to the government comes primarily in May. After that, the price will be higher. in the subsidies the treasury pays to farmers. The 2006-2007 Middle East: Reports circulated around the IFA confer- subsidy bill was about US$5. 7 billion dollars for all fertilizers, ence of a deal by a major Middle East producer at $700/mt of which urea is the dominant commodity. FOB. The most consistent story is that Qafco sold a cargo I.S. Sarma, secretary to the Indian Department of Fertil- to a trader taking a position with an eye to selling to India izers, pointed out the estimated subsidy bill for the 2007- or Brazil. 2008 fertilizer year is US$9.25 billion, and US$22.5 billion Several Asian traders were quick to believe the deal. One next year. said everyone is so used to seeing dramatic price increases The problem, one trader said, is that the $9 billion figure in the past few weeks that $700/mt FOB is no surprise. was calculated when urea was about $200/mt less than cur- Traders from other parts of the globe, however, are con- rent levels. A number of traders around the IFA gathering vinced the deal was just under $700/mt FOB. were estimating the Indian government will have to double Prices are expected to remain high, and not only because its current estimate to handle this year's demand. of increasing demand. Sources report a number of area plants The Indian urea importers - STC, MMTC, and IPL - were will go down for routine maintenance. laying low during the IFA conference. They reportedly spent Qafco and Sabic are slated to take down at least one plant the better part of the week trying to accomplish what visits each this month for scheduled maintenance. The cutbacks to the producing countries just a couple of weeks ago could will not take down all production facilities. Sources say just not: secure some pre-tender tons at a favorable rate. one line or one plant will come down at a time. These rumors were dispelled within 24 hours of the reg- At the same time, PIC is cutting back on production. Sources istration tables opening. say there are some problems with the delivery system of One Asian trader noted there is no reason for the producers natural gas to the production complex. to offer any concessions on prices at a time when buyers are In the meantime, Qafco signed a deal with Vietnam to knocking on the door. ship 250,000 rnt of urea to the Southeast Asian country for Then a few traders suggested that IPL and MMTC might the next three years. Middle East media reports Qafco said follow the STC play book and seek cargoes based on a the deal was part of the company's move to strengthen its formula basis for at least the third quarter. This, too, was presence in Asia. dismissed. With prices on the way up and changes occurring almost One producer agent noted just the paperwork alone for every hour, the best guess as the IFA conference closed put the producers dealing with three separate companies with the Middle East market at $690-$710/mt FOB. GREEN MARKETS. May 26, 2008 3 Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischer Duplication in any form without written permission is unlawful. I ---~ GREEN MARkETS PRicE SCAN Unless otherwise noted, all domestic U.S. prices are on a short ton, FOB basis. International prices are on a metric ton basis. AMMONIA 5/26/08 Year ago 5/26/08 Year ago U.S. Gulf NOLA barge 580 292-295 Southeast ] 1.57-11.83 7.83-8.00 June NYMEX ng close 11.697 7.68] Northeast 12. 17 -13.44 8.06-9.31:\ May NYMEX ng close 11.280 7.508 California ]2.81-]3.43 9.38-9.69 Tampa mt C&F 510 340 California DEL ]3.43-13.75 10.00-10,31 Other U.S. Gulf mt C&F 515-520 363 Pacific N.W. N.A. N.A. Mid Cornbelt 760-820 410-445 Pacific N.W. DEL 12.81-13.59 9.38-9.69 Great Lakes 850-880 445-465 W. Canada DEL C$/mt 15.11-15.64 12.18-12.71 Northern Plains 800-820 445-455 Southern Plains 700-760 370-400 Southern Plains DEL N.A. 390-400 South Central 650-670 410-425 AM. NITRATE 5/26/08 Year ago South Central DEL N.A. N.A. U.S. Gulf NOLA barge 360-365 270-272 California DEL 700-755 475 Mid Cornbelt 400-41 0 320-325 Paci1ic N.W. DEL 925-1,020 435-440 Southeast DEL 400-41 0 320-355 -- Southern Plains W. Canada DEL C$/mt 1,032-1,076 809-844 380-390 310-315 Caribbean 465-475 305-310 South Central 395-420 296-315 Western Europe C&F 520-540 285-290 South Central DEL N.A. N,/\ Black Sea 420-430 240-245 California DEL N.A. N.A, Middle East 490-500 270-280 Pacific N.W. DEL 454-469 327-335 W Canada DEL C$/mt N.A. N.A, UREA 5/26/08 Year ago U.S. Gulf prill import 600-620 285-295 U.S. Gulf gran barge 600-655 298-310 Mid Corn belt 625-655 335-380 AM. SULFATE 5/26/08 Year ago Great Lakes 650-705 375-395 Mid Cornbelt 320-370 230-250 Northern Plains 625-675 375-395 Great Lakes 350-370 235-25U Northern Plains DEL 680-700 4 1 5-425 Southern Plains 295-325 200-230 Northeast 650-685 390-405 South Central 330-340 215-:::35 Southern Plains 625-650 325-340 Southeast 320-360 205-2 1 (! South Central 630-670 345-380 California 310-350 2] 0-23CJ California DEL 675-700 400-410 Pacific N.W. DEL 335-340 205-22<; Pacific N.W. DEL 670- 700 400-410 _n_ __.____,,___ W. Canada DEL C$/mt 675-700 550-575 Caribbean granular N.A. N.A. DAP 5/26/08 Year ago Black Sea 680- 700 290-300 Central Florida 1.025-1.070 365-37() Middle East prill 690- 710 315-316 New Orleans barge 990-995 .382-3:->5 Middle East granular 690- 710 315-316 Mid Cornbelt 1,020-1,075 413-430 Indonesia bulk N.A. 295-300 Great Lakes 1,050-1.143 425-436 UAN 5/26/08 Year ago Northern Plains 1,050-1,100 415-425 U.S, Gulf NOLA barge 12.50-12.66 7.97-8.28 South Central 995-1,030 415-425 Southern Plains i ,000-1 ,050 415-420 U.S. Gulf NOLA barge st 400-405 255-265 California DEL 1,170-1,175 422-427 Mid Cornbelt 12.97-13.75 9.06-9.69 Pacific N.W. DEL 1.l60-1.l 75 412-422 Great Lakes 13.22-14.06 9.21-9.69 Northern Plains 13.75-14.20 9. l5-9.30 Eastern Canada C$/mt 1.200-1,225 '570-575 Southern Plains 12.50-13.13 8.91-9.22 U.S. Gulf export 1,160-1,255 427 -42~ South Central 12.19-12.81 8.7'5-9.22 North Africa 1.200-1.220 420-425 4 May 26, 2008 . GREEN MARKETS Copyright <9 2008, lnstitute of Management and Administration. Inc, - Published by Pike & Fischer Duplication in any form without written permission is uJJJawfui MAP 5/26/08 Year ago STANDARD MURIATE 5/26/08 Year ago Central Florida 1,095 361-370 Saskatchewan 485-488 185-188 New Orleans 1,000-1,060 381-385 Vancouver 525-567 170-215 Western U.S. DEL 1,145-1,160 405-420 TSP 5/26/08 Year ago GRANULAR MURIATE Central Florida N.A. N.A. Saskatchewan 490-493 193-198 New Orleans domestic N.A. N.A. Carlsbad 532-549 203-208 New Orleans import N.A. 340-345 Midwest 725-760 227-235 Western U.S. DEL 700-770 251-259 Vancouver 550-625 180-225 PHOS. ROCK 5/26/08 Year ago Central Florida N.A. N.A. North Africa 180-400 42-46 SOLUBLE MURIATE Jordan 70-74 BPL 200-300 43-51 Saskatchewan 490-493 193 Western U.S. N.A. 250-255 PHOS. ACID 5/26/08 Year ago North Carolina N.A. N.A. Western U.S. DEL 13.20 5.70-5.80 SULFUR 5/26/08 Year ago India C&F 1,985 566.25 DRY MT Vancouver c 650-660 57-60 10-34-0 5/26/08 Year ago Vancouver s N.A. 60-80 Midwest 900-950 335-350 Western U.S. DEL 563-625 269-295 RECOVERED LT Tampa c 450.50-453.50 59.50-62.50 POTASH 5/26/08 Year ago Tampa s N.A. N.A. COARSE MURIATE New Orleans 439.50-442.50 48.50-51.50 Saskatchewan 482-488 191 Houston DEL 435.50-440.50 44.50-49.50 Midwest 700-740 224-227 West Coast 550.00-590.00 11.00-26.00 Western U.S. DEL NA 247-252 Alberta mt N.A. N.A. GREEN MARkETS NEPF Award Winner: - Best Spot News Coverage- PRICE QUOTES DO NOT REFLECT ACTUAL TRANSACTIONS, BUT REPRESENT CURRENT MARKET CONDITIONS AS PERCEIVED BY SELECTED BUYERS AND SELLERS. PRICE NOTES. Prices are based on large transactions. involving truckloads or larger volumes. All prices are net of discounts for volume. cash. or prompt payment, if such are offered. .BAN.G..E.S..; Price spreads shown for a region usually reflect localized price differences within the region. FOB/C&F/DELlVEREO. Prices listed on an FOB basis are at the producer's plant gate, ter. minai, or pipeline point. All prices are FOB unless otherwise noted. C&F prices include transportation to the destination pon. Delivered (DEL) prices include transportation costs [0 lhe retail dealer's premises or the nearest accessible railhead. Prices followed by the designation (c) are CONTRACT prices; prices followed by the designation (5) are SPOT prices. The notation N.A. (nol available) means that a current price is not obtainable. The notation (mt) denotes metric ton. COMMODITY NOTES-NITROGEN SOLUTIONS. Domestic prices are quoted on the basis of nutrient units; to convert to a short ton basis, multiply lhe nutrient value of the solution (e.g., 32) by the price shown. UB.EA:. (p) indicates prilled product, (g) granular product Prices not so marked represent both. PHOSPHATE ROCK. Prices reflect long-term contracts for 68'k hone phosphate of lime rock lhat is being mined in the area closest to the named price point. SUL..E.U.B.; Recovered Tampa. New Orleans and Houston prices are for 2-.1 quaner. West Coasl price is refinery to prillers. B.EGJ.QNS..:. Mid-Combelt - Ohio, Indiana, llIinois, Iowa, Missouri, Nebraska; Eastern Cornbelt - Ohio, Indiana, Illinois; Western Cornbelt ~ Iowa, Missouri, Nebraska; Southern Plains ~ W. Texas, Oklahoma, Kansas, E. New Mexico. E. Colorado; South Central - Alabama. Mississippi, Kenrucky, Tennessee, Arkansas, Louisiana, E. Texas; Southeast - Florida, Georgia, South Carolina, North Carolina, Virginia; Northeast - Maryland, Delaware, Pennsylvania, New Jersey, New York. New England; Northern Plains - Minnesota, North Dakota, South Dakota; Great Lakes - Michigan, Wisconsin; CaJirornia - California; Pacific Northwest - Washington, Oregon, Idaho, Montana; Western Canada - Manitoba, Saskatchewan, Alberta, British Columbia; Eastern Canada - Ontario, Quehec, New Brunswick, Nova SCalia, Prince Edward Island GREEN MARKETS. May 26, 2008 5 Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischer Duplication in any form without written permission is unlawful. China: More local urea plants have reportedly shut down in sources familiar with the Chinese market say the price h",. the Sichuan area as a result of the devastating earthquake that steadily moved up. hit the area, Sources say plant closures came from a number This increase is expected to put off the point when tllt' of reasons, Some were shut down because of the potential international price and the Chinese price - including the 13~; of damage to the plant itself. Others came down because of percent duty - reach parity. disruption in the supply line of inputs, such as damage to Sources had earlier pegged Middle East prices at $700/mt a natural gas line. while still others went down because of FOB as the point when Chinese urea would once again come actual damage as a result of the earthquake. into play. By the close of the IFA conference, sources were At this point industry observers are looking carefully at saying the Middle East urea would have to hit $800/mt FOB what has happened in the earthquake zone to the urea plants, before Chinese urea could be competitive, People are pushmg as hard as they can for information with- Black Sea: Sources report the Yuzhnyy price is matchlllg out appearing to be insensitive to the plight of the VIctims the Middle East price and staying at parity, Gone are the of the earthquake, days of a $5-$20Imt difference because of freight said onc Sources familiar with the Chinese market say the focus is ,ource, on making sure that farmers are not inconvenienced by the Sources report that just as the IFA conference started. apparent loss of domestic production. At the same time, the $6401mt FOB was long gone and only a wish of the buyers leaders in Beijing are keeping a keen eye on how the Western Producers were reportedly asking $680-$700Imt FOB f(lr media report the government's response to the disaster, An ad- materia] as the conference progressed. ditional eye is kept on farmers' reports of urea availability, Asian sources say much of the discussion of price out of The imposition of the 135 percent export duty was seen Yuzhnyy is based on the producers' call of market levels. ,,> as an attempt to ensure a plentiful supply for the domestic opposed to actual deals taking place, market. Sources have said for more than a decade the last Strengthening the producer;s hand are reported sale, 1<. thing Beijing wanted was 900 million angry farmers. Brazil that put a netback into the mid-$600s/mt FOB. The concern to forestall rural unrest became more apparent Asian sources say any business talks with the Yuzhnyy as Beijing worked to make sure that nothing interfered with suppliers meant starting at $680/mt FOB and going up from the public relations bonus the government leaders expected there. Producers say the starting level is $700/mt FOB. from hosting the :?O08 Olympics. Nailing down actual business in the upper $600s/mt FOB One trader noted that hosting the 2008 Olympics was to S700/mt FOB was difficult to find at the IFA conference the equivalent of a high school or college graduation Still, traders said the Yuzhnyy suppliers have been keeping ceremony for China, If everything went well, the Chinese parity with the Middle East supplier in the past few month,. leaders figured, China would be accepted into the league and there is nothing to assume they are not doing so slilL of world leaders, As the IFA closed, the best bet on the Yuzhnyy price - 11al The reactions to the Tibet riots and demonstrations against ring any real business - is $680-700/mt FOB. the OlympIC tlame tour outside China caused grief among Indonesia: PIM is expected to call its export tender in eari \ the government leaders, June. Sources said the original tender that was to take place N ow wi th major buyers of urea pointing the finger at China the week before the IFA conference was postponed because for the rapid rise in urea prices along with the cutbacks in the producerrealized it could not meet the production require- production because ofthe earthquake, the Chinese government ments it set out in the original tender documents, is reportedly trying to figure out how to spin the situation to Reportedly, the paperwork is all ready for the sale, but their advantage. structural problems in the natural gas pipeline leading to the Some representatives of Chinese companies at the IFA PTM facility are causing the company to delay the offer conference were surprised to see so much animosity from Sources say PIMdoes not wanttobe known as a supplier who buyers directed at China, They said from a strictly political offers tons and cannot deliver. A number of international trader, and local economic perspective the decision to impose a 135 have been burned by other Indonesian suppliers in the past when percent export duty on urea made sense. The move, they say, shIps arrived but no cargo was available for loading. was designed to ensure local farmers had enough urea to The best guess for when the selling tender will be called continue China's economic and social growth, is the second week of June. Non-Chinese sources never doubted the reason for Beijing's Sources say a minimum price of $650/mt FOB should be decision, The consequence of that action, however, was to expected from buyers anxious to buy inexpensive urea 1'''1 cut off Chinese urea as a source for major buyers in the rest Asian buyers. of the world, One observer noted that to call $650/mt FOB inexpensl ve Industry sources estimate 16 percent of all world urea says more about the urea situation in Asia than an) l1ther traded last year was from China. If Chinese urea production statement. was removed from the supply-demand figures, said one Sri Lanka: At least one country tossed caution to the wllld source, the deficit in urea supply for 2008 would be a little and called a tender while the industry met in Vienna. CFC more than 3 million mt. and CCF announced they would take offers on a total of Pri or to the earthquake, sources calculated a steady decline 180,000 mt bagged urea, The tender will close June 1 (j, The in the domestic price of urea. Following the earthquake. ....losing date will possibly allow for Indonesian material \\, re 6 May 26, 2008. GREEN MARKETS Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischel Duplication in any form without written permission is unlawful offered if PIM gets its production level back up. The rest of NITROGEN SOLUTIONS the material will most likely come from the Middle East. U.S. Gulf: Compared to urea, UAN barges were quiet last As with India, urea is subsidized. The final decision on how week. However, sources continued to call the market strong, many tons to take will depend on a reconciliation of what the though there was little word on new sales of prompt barges. farmers need and what the treasury can afford. While some speculated that the next prompt barges might move Pakistan: Reportedly, TCP has not backed off on its up to $41O-$415/st FOB, others reported that forward barges reported need to buy 300,000 mt of urea this season. The were being quoted much higher - at $460/st FOB or above. problem they face is finding the money to pay the ever-in- Eastern CornbeIt: The UAN-32 spot market was quoted creasing price. at$425-$440/st($13.28-$13. 75/unit) FOB regional terminals The best source for Pakistan is from the Middle East. to the dealer. On a forward contract basis for June through A previous deal between the governments of Pakistan and November, one supplier was referencing UAN-32 as high as Saudi Arabia provided Pakistan with enough fertilizer to $15.50-$15.80/unit FOB in the region last week. keep the farmers happy through the first quarter of this year. Western CornbeIt: The UAN-32 market remained at The government-to-government deal is now done, and TCP $4l5-$425/st ($12.97-$13.28/unit) FOB to the dealer. One must once again go to the international market at a time when Missouri source pegged the common dealer price firmly at record high prices are marked off each week. the $420/st ($13. 13/unit) FOB level last week, and said spot Sources are looking to see which Middle Eastern country sales continued for preplant movement and the upcoming will step up to help Pakistan - and at what level. One Asian sidedress demand. source speculated TCP will have to get in line with higher Southern Plains: The UAN-32 market had reportedly prices, just like all other prospective buyers. firmed to $400-$420/st ($ 12.50-$ 13. 13/unit) FOB regional Vietnam: State-owned Petro Vietnam Fertilizer signed acon- terminals. A Colorado source quoted delivered UAN-32 as tract with Qafco of Qatar to deliver 250,000 mt of urea per year high as $450/st ($14.06/unit) last week. over a three-year period. Atthe same time, the Hanoi government South Central: The UAN terminal market continued to ordered the halt of any urea exports from the country. play catch-up to current replacement costs. UAN-32 was During the past few months some Vietnamese companies quoted at $390-$41O/st ($12.l9-$12.81/unit) regional ter- have been offering Chinese urea for re-export. The tons have minals to the dealer. been offered to India, Thailand, and the Philippines. Southeast: The UAN-30 market was reported at $347- Demand for urea this year is pegged at 2 million mt. Do- $355/st ($11.57 -$11.83/unit) FOB regional terminals, with mestic production can only supply up to 900,000 mt. most sources touting the upper end of that range as the week Sources say the imports Vietnam once depended on from advanced. Based on current replacement costs, which sources China may soon face a problem. put as high as $465/mt C&F last week, the terminal price range Reportedly, a large number of the tons came across the was "grossly under the market," according to one contact. land border between Vietnam and China. Sources say some of While no one is willing yet to pay around $ 13.00/unit FOB those tons may not have been accurately recorded as exports port terminals, sources said that is technically where the by Chinese border officials. market should be, and at least one supplier was reportedly Beijing has since ordered a crackdown on all exports. The referencing UAN-30 as high as $396/st ($ 13.20/unit) FOB tons that once slipped across the border into Vietnam may Augusta, Ga., at mid-month. now soon face the same scrutiny as ship-loaded tons. Ban2ladesh: The country's council of advisers' committee AMMONIUM NITRATE on economic affairs has exempted urea imports from the public Western Cornbelt: Ammonium nitrate pricing was up procurement regulations. This was done as a precautionary slightly to $400-$41O/st FOB in the region, with delivered measure to ensure smooth supply of the agricultural input in nitrate pegged at the $415/st level in Nebraska from Arkansas view of a possible crisis on the international market. After River shipping points in Oklahoma. the exemption, the industries ministry will now be able to Southern Plains: Ammonium nitrate remained at $380- import urea through state-to-state arrangements instead of $390/st FOB Catoosa, Okla., with reports of some growers floating international tenders. switching from urea to nitrate for the sidedress run. Bangladesh plans to import 500,000 mt of urea from the South Central: Ammonium nitrate was reported in a United Arab Emirates (UAE), Saudi Arabia, and Qatar under broad range at $395-$420/st FOB in the region last week, state arrangements to ease fertilizer crisis and boost rice with the upper end reflecting new reference levels. Most production in the next fiscal year. According to local media, sources pegged the common dealer range at $400-$4l5/st the three countries have already sent draft contract letters FOB out of terminals. to Bangladesh authorities following discussions between Southeast: Arnmonium nitrate was $400-$41 O/stFOB Wilm- the committee and the authorities concerned. As per import ington, N.C., and Tampa, Fla., up slightly from last report. plans, QAFCO would supply 200,000 mt of urea. The UAE has also agreed in principle to export 80,000 to 100,000 mt AMMONIUM SULFATE of urea, while Saudi Arabia has consented to export 100,000 Eastern CornbeIt: Granular arnmonium sulfate was steady mt. The industries ministry officials said the government at$335-$370/stFOB in the region, with several sources report- would set an import target of 500,000 mt of urea. ing the common dealer reference at the $350/st FOB level. GREEN MARKETS. May 26, 2008 7 Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischer Duplication in any form without written permission is unlawful. Western Cornbelt: Granular ammonium sulfate was price high if not higher, even with domestic consumplJUfI 111 tagged at $320-$350/st FOB regional terminals, with the this country slowing. low reported in Missouri. Sales were made for the summer season out of Celltr~:l Southern Plains: Granular ammonium sulfate was up Florida last week at $ I .085/st FOB, but those were 1101 from last report at $295-$325/st FOB in Texas, with the low considered prompt. at Freeport and the upper end FOB Plainview, Other am- The Central Florida DAP price range last week was 1111- monium sulfate postings at Plainview as of May 2 include changed from the previous week's range of$1.025-$1 ,0701s( coarse at $320/s1 and standard at $290/st FOB. A Colorado FOB, based on actual sales at that time. PotashCorp's Centrai source placed the 12-0-0-26 ammonium thiosulfate market Florida reference price stayed at $] ,050/st FOB for DA P last week at $320/st DEL to his trade area. Mosaic's asking price was still $1 ,070/st FOB for DAP and American Plant Food Corp.'s May 2 postings in Texas $1 ,095/st FOB for MAP. CF's price was $1 ,050/st FOB fur included granular ammonium sulfate at $295/st FOB Free- DAP and $1,125/st FOB for MAP, which continued tD be port, $305/st FOB Galena Park, $315/st FOB Fort Worth. scarce, In Texas, Agrifos's truck price remained at $1 ,0501s1 and $325/st FOB Littlefield, while coarse grade moved to FOB for trucks and $1,045/st FOB for rail shipments. $270/st FOB Freeport, $280/st FOB Galena Park, $290/st U.S. Gulf: Business on the river system improved last FOB Fort Worth, and$300/stFOB Littlefield. APF's standard week to the near coma level, just barely returning from the ammonium sulfate postings moved on May 2 to $260/st FOB grave. The lack of activity has taken a toll on prices, which Freeport and $290/stFOB Littlefield, whileN-PacCompacted declined about another $5/st FOB last week. With phosphate product firmed to $31 O/st FOB Galena Park. sales in general in the dumps, barges far cheaper than those South Central: Granular ammonium sulfate pricing had offered by producers were still available. When thm.e arc reportedly strengthened to $330-$340/st FOB regional ter- gone, prices will probably creep back up. minals, and sources said additional increases are likely to Last week, NOLA phosphate prices continued to be ()LIt reflect current replacement costs. of whack compared to Central Florida. which are normalh Southeast: Ammonium sulfate pricing was up consider- Sl 0-$20 lower than on the river. ably from last report. DSM Chemicals hiked its postings by Activity at warehouses remained atsub par levels last week. $60/st May 16, bringing reference prices FOB Augusta to although far stronger than in the East, which is served by rai i $360/st for granular and $31 O/st for standard grade sulfate, However, prices at warehouses were still trailing replace. The company's delivered postings into Florida moved on ment costs. Dealers were holding out and hoping that the that date to $380/st for granular and $320/st for standard. market will take a dive due to a lack of domestic consump. Sources said granular ammonium sulfate FOB Hopewell, tlOn, However, that was unlikely to push prices down much Va.. had also firmed to the $360/st FOB level. more. because the export market continued to be strong and will take up the slack, The earthquake in Chma has shaken PHOSPHATE the world market. About 10 million tons of phosphate rock Central Florida: New orders for phosphates out of Central production was lost, along with a couple of phosphate prli- Florida had virtually ceased by last week, but producers were ,:essing plants there, so China was using high export tariff:, still moving large quantities by railcars for orders placed to keep fertilizers in the country. earlier. A trader said many of his customers who buy at this Farmers, who have been stung by high fuel prices and hIgh time of year were holding off and may wait until just before fertilizer prices, were said to be planning to ask Congress for help the fall season begins before they reorder. Credit costs for to get the price of fertilizer to a more reasonable level. The on 1:- storing fertilizers was cited as a factor. real options lawmakers would have would be to institute price The problem appeared to be mostly in the eastern part of controls or place an export tariff on fertilizers. (Does that sound the country. where it appeared farmers were cutting back on familiar?) The problem with price controls in the past hm, been their use of phosphates by somewhere between one-half and the tendency to either keep prices artificially high or anificiall, one-third of normal. In the Midwest areas served by rail, that low, which created an entirely new set of problems, has been less of a problem due to high grain prices, especially Weather has also continued to playa role in fertilizerprice:, for corn. The export market continued to be the driving factor In some areas, like on the Arkansas River, farmers have had in the domestic market last week, and last week that market far too much rain and were suffering. The planting season for sagged on the bottom end of the range as a result of sales by corn basically comes to an end by Memorial Day or the end producers in other countries to India. of the month, so time was running out late last week, However, the earthquake in China will likely soon reverse Based on actual NOLA DAP barge sales last week, the pnce that trend, Some sources expected China to extend its high range fell slightly from $995-$ I ,OOO/st FOB the previous week export tariff on phosphates and most other fertilizers, and one to$990-$995/stFOB. MAP barges were available at pricesS] 5- rumor held that it was planning to increase the export tariff $75/stFOB more than DAP. Mosaic's asking price for forward from 135 percent to 235 percent to prevent any movement ,.,ales from June through August was $1 ,090/st FOB for DAP of phosphates out of the country. Regardless, that will take and $1.1 05/st FOB for MAP. CF was seeking $1 .070/st FOB about 1.6 million mt of phosphates out of the world market. lor DAP and $] ,145/st FOB for MAP for prompt delivene." That means countries in the Far East will have to turn to Eastern Cornbelt: The regional DAP market was pegged other sources for their supplies, and that would keep the at $1,030-$1 ,075/st FOB to the dealer. with MAP tagged al 8 May 26,2008' GREEN MARKETS Copyright @ 2008, Institute of Management and Administration, Inc, - Published by Pike & Fischer Duplication in any form without written permission is unlawful. $1,050-$1, I OO/st FOB regional warehouses. Forward contract Western Cornbelt: Potash continued to firm. The low end DAP for June through September included $1,104/st FOB of the warehouse price range was pegged at the $700/st FOB Peoria, Ill., and $1, I 07/st FOB Cincinnati. Sources reported level last week, reported by a Missouri source who said the no current pricing levels for 10-34-0 in the region. spot price for brokered or resellers tons had firmed from the Western Cornbelt: The DAP market was quoted at$1 ,020- prior week's $675/st FOB level. The upper end ofthe range $1,065/st FOB regional warehouses last week, with the low for confirmed spot business was quoted at $760/st FOB, but in Missouri and the high out of Iowa terminals to the dealer. reference prices on the secondary market were confirmed as The MAP market was pegged at $1,050-$1 ,085/st FOB. One high as $830/st FOB in Iowa last week. Nebraska source reported cutbacks on phosphate and potash Southern Plains: Potash pricing continued to ratchet up, usage in his trade area this spring, and another said there were with sources pegging the regional warehouse market last week dealer-to-dealer sales taking place in a broad pricing range at $620-$700/st FOB to the dealer for brokered or reseller tons. on leftover spring tons in late May. Confirmed sales were reported at both ends of that range last One regional supplier was referencing forward contract week, and one source said he expected spot deals to reach the DAP for June through September at $1, 104/st FOB St. Louis, $750/st FOB level by the end of the month. One source said he Mo., and $1,llO/st FOB Pine Bend, Minn., with MAP ref- was "scrambling" to find spot tons to finish the spring season, and erenced at $1,185/st FOB Pine Bend. traders were positioning product for the beginning of fall. 10-34-0 remained in very tight supply at $900-$950/st Intrepid Potash's May postings FOB Carlsbad, N.M., in- FOB in the region. clude $532/st for 60 percent granular, $543/st for 62 percent Southern Plains: The DAP market was quoted in a broad standard, $546/st for 62 percent fine standard, and $5491st for range at $1,000-$1,050/st FOB warehouses to the dealer. 62 percent granular. Effective June 1, granular SOP magnesia MAP was said to be $20-$30/st higher than DAP at the postings from the company will firm to $281/st FOB Carlsbad, port for spot tons. On a forward contract basis, however, with standard grade moving to $251/st FOB Carls bad. one supplier was referencing Inola pricing for June through South Central: Potash pricing in the region was up to $675- September at $1, 107 /st for DAP and up to $1, I 82/st for MAP. $725/st FOB warehouses to the dealer, up considerably from Several sources talked of cutbacks in phosphate movement last report. The dealer market FOB Vicksburg was pegged this spring. firmly at the $695/st FOB mark at mid-month. 10-34-0 was tagged in a very broad range at $825-$91O/st Southeast: Sources reported no firm pricing quotes for FOB in the region, with the upper end also quoted for de- potash in the region; one source said his business has seen livered tons to eastern Colorado. Product remained in very a "lot of demand destruction" due to high prices this spring. tight supply last week. Agrium's red premium potash po stings will firm on July South Central: Sources continued to quote the dealer I to $642/st rail-DEL in Virginia, and $652/st rail-DEL in market for DAP in the $995-$1,030/st FOB range out of Alabama, Georgia, Florida, and the Carolinas. regional warehouses to the dealer. The MAP market was Sulfate of Potash: Great Salt Lake Minerals Corp., a sub- reported at $1,0 I 0-$1 ,035/st FOB where available, with the sidiary of Compass Minerals, said May 21 that it will increase upper end FOB Vicksburg, Miss. the price of its SOP by $75/st effective with June 16,2008, The TSP market was pegged at $925-$940/st FOB ware- shipments. The new list price for standard, non-granulated houses in the region, with the upper end in Arkansas and SOP will be $733/st, while granular SOP will be $745/st at supplies described by one source as "fairly tight." the company's Ogden, Utah, solar evaporation plant. A price U.S. Export: PhosChem made no new sales last week, but list for Great Salt Lakes Minerals's SOP products is posted talk at the !FA meeting at Vienna was generally bullish. At the on its website at www.gslminerals.com. meeting, talk centered around the earthquake in China and the positive influence of taking 10 million mt of phosphate The Week in Fertilizer Stocks rock out of the world's supply system. As a result, China was certain to extend its current 135 percent tariff on fertilizers - and some said it may rise to 235 percent, which will prob- ably not be necessary to stem the flow of products out of the Week Year country. The Far East, India, and Australia will be the most Producer Symbol Price Ago Ago affected by the loss of phosphates from China, and that would Agrium AGU 85.18 89.05 39.47 continue to push up the price in the world market. CF Industries CF 13 1.87 138.73 42.95 The export DAP price range last week remained unchanged Intrepid Potash IPI 46.83 46.77 N/A at $1,160-$1,255 mt. With the earthquake related problems Mosaic MOS 122.51 128.93 32.27 in China, expect prices to begin to rise soon. Potash Corp POT 199.74 204.15 67.87 Terra Industries TRA 40,17 46.15 19,03 POTASH Terra Nitrogen TNH 150,66 148.04 76.02 Eastern Corn belt: The potash market was quoted at $700- Distribution/Retail $750/st FOB regional warehouses, up again from last report, Andersons Inc. ANDE 41.45 41.15 40.85 with reference levels for brokered or resellers tons over the Deere & Co. DE 80,95 83.61 58.14 $800/st FOB level at some locations. Scotts SMG 28.66 28.83 46.40 GREEN MARKETS. May 26, 2008 9 Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischer Duplication in any form without written permission is unlawful. India: The following MOP prices have been made by India slightly. Meanwhile, maintenance work was planned at the so far at the common price of US$625/mt CFR, including docks at Vancouver, although no serious disruptiom \-er: 180 days credit: anticipated, . Canpotex 1,32 million mt ex Canada: 550,000 mt IPL Middle East: Producers who once had to chase buyers art: 385,000 mt CFL, 385,000mt Tata Chems; now finding themselves on the other end of the game, ReJlllrl . BPe 1,35 million mt: 0.2 million mt seller's option ex edly, South African buyers had been playing one Middle East Belarus: 750,000 mt IPL, 250,000 mt MMTC, 200,000 supplier against another in previous years. Now. say source" mt Zuari, 150,000 mt Deepak Ferts; the South Africans have been hounding the sulfur producer, . ICL 1,025 millionmtexlsrael: 800,000mtIPL, 225.000 day and night trying to make a deal for deliveries, mt Zuari: One source at the IFA meeting in Vienna said last wed . APC 575,000 mt ex Jordan: 375,000 mt IPL, 200,000 that a Middle East producer joked that no matter where he mt Zuari: turned - no matter how private - there seemed to be a Snuth . K&S: IPL 50,000 mt. African buyer asking for a price, The total contracted quantity so far contracted with India MARKET NOTES for supplies during 2008-09 is 4.72 million mt, plus a 0.5 India: In order to ensure continued raw material supply million mt seller's option, and offset spiraling prices in the global markets, fertilizer SULFUR major Coromandel Fertilizers Ltd, (CFL) of the Murugappa Group has floated a 50-50 joint venture with Singapore-hased Tampa: Recent sulfur discussions have centered around Getex Ocean Trades Pte Ltd, to explore rock phosphate the phosphate industry and questions of whether phosphate sources globally, The joint venture company - Singapore. prices had peaked, after India announced several DAP buys headquartered Coromandel Getex Phosphates Pte Ltd ,- will at prices below the existing range at that time. One source initially identify rock phosphate mines across the globe, Based said phosphate inventories in the U, S, were growing, and on the findings, CFL will look into exploring the prospects some wondered whetherthat and the Indian buys would push (rock phosphate) and then formulate a plan to source for it> prices and production of phosphates down. captive purpose in India, said A. Vellayan. CFL chairman Most likely not. The earthquake in China destroyed much of and Murugappa group vice-chairman, the infrastructure for the phosphate industry there and China " will not be exporting any phosphates anytime soon, which ! Management Briefs ~ will keep world market prices for phosphate up - and perhaps push them even higher during the next several months, Sultur prices in the Middle East were likely to head up again in June, but how much was unclear, If phosphate Glenn Stroud has been appointed to the new position ot production is curtailed, less sulfur will be needed and prices general manager of Agrium U,S, manufactUling, assumini2 could begin to go down for a change. That appeared unlikely, overall responsibility for Agrium's U.S. nitrogen and phos. Again, because of China. phate operations, Stroud will remain based at Borger, Texa:;, Tesoro was beginning to ship sulfur to China from it:; and continue to report directly to Stephen Dyer, Agrium', Nikiski plant from Homer, Alaska, The total amount to be \ice president of manufacturing, who announced Stroud';, sent was not available - and neither was the price. promotion May 21, The ConocoPhillips refinery at Sweeny, Texas, was said Dyer also announced that Erik Vettergren has accepted to have taken its sulfur unit off line to make improvements, the position of plant manager of Agrium's Conda Phosphate and was expected to remain out of service until the end of Operations near Soda Springs, Idaho, overseeing processing May ',lperatlons at that phosphate fertilizer plant. Lin Kramer In general, sulfur supplies remained extremely low and will continue to manage Conda mining operalions and, like demand continued to be extremely high, which will at least Vettergren, will report directly to Stroud. fortify prices. Wild guesses for third-quarter pricing were Stroud has held numerous leadership positions within for another triple digit increase, but most likely less than Agrium the past eight years. including general manager. $200/lt. U.S, Nitrogen: production manager, Conda Phosphate: and Transportation could soon become another important is- production manager, Kennewick, Wash" Nitrogen Opera- sue for the sulfur industry. Hurricane season begins June 1. LIons, A Montana State University graduate with a Bachelcll and any storms that move into the Gulf of Mexico will be of Science degree in chemical engineering, Stroud has mor,' a problem. than 20 years of experience in the fertilizer and chemical, West Coast: Contract prices on the West Coast have been i ndllstry, including a wide spectrum of engineering, operatJ ons settled at between $550-$590/mt FOB, but spot sales were .1l1d maintenance responsibilities, Prior to ,ioining Agriun', bnnging around $650/mt FOB, ,n 2000, he held a number of leadership positions WIth the' Vancouver: With China taking less sulfur because of the Unocal Corp. upcoming Summer Olympics and air pollution concerns, It also was announced that Charles Ross. who managed spot prices at Vancouver were said to be down - but only Cunda Phosphate Operations for a number of years, has heen lU May 26, 2008 . GREEN MARKETS Copyright @ 2008, Institute of Management and Adminislration, Inc, - Published by Pike & Fischer Duplication in any form without written permission is unlawful named start-up manager of Agrium's $1.2 billion nitrogen Burrup Holdings launches $2.5 B IPO complex in Damietta, Egypt, which will have a combined capacity of 1.3 million mt of urea and 100,000 mt of net Perth-Burrup Holdings Ltd. on May 19 lodged its prospectus ammonia after it is completed in 2010. for an initial public offering (IPO) to list on the Australian Agrium will have a 60 percent interest in the EAgrium Securities Exchange. Burrup claims to have the largest venture and be the exclusive marketer of its exported ni- single train merchant ammonia plant in the world, which trogen products. EChem and EGas, which are owned by it says will produce 800,000 mt of ammonia in fisca12009. the Egyptian government, will hold a 24 percent interest. The offering is to certain employee, retail, and institutional GASCO, the national operator of a gas distribution grid, will investors, and is expected to raise between $390-$502 mil- hold a 9 percent interest, and the Arab Petroleum Investment lion, with the share price ranging from $1.75-$2.25. Based Corporation will hold a 7 percent interest. on this range, market capitalization would be $1.95-2.5 bil- lion. The offer comprises a sell-down of shares by existing The 2008 IFA International Crop NutritionAward last week shareholders, Pankaj Oswal as trustee for the Burrup Trust, was presented to Dr. Achim Dobermann, Deputy Director and Yara Australia Pty Ltd., as well as an issue of new shares General for Research of the International Rice Research by Burrup Holdings. Going into the IPO the company was Institute (IRRI), for promoting the ecological intensification owned 70 percent by OswallBurrup Trust and 30 percent by of rice, maize, and soybean production systems in many Yara. After the IPO, it will be53 percent OswallBurrup Trust, countries. IFA noted that given the current food situation, Dr. 27 percent Yara, and 20 percent new shareholders. Yara has Dobermann's work on rice, a staple food for about two-thirds a 20 year off-take and marketing agreement for the Burrup of the global population, is particularly relevant. ammonia. Just last week (GM May 19, p. II), Burrup and Yara announced plants to build a 350,000 mtly technical The International Plant Nutrition Institute (IPNI) said May ammonium nitrate plant in Australia. 17 that Incitec Pivot of Australia is joining the group as a full member. IPNI, which was launched in January 2007, has as OCP, Libya sign $1 B MOU its mission to develop and promote scientific information about the responsible management of plant nutrients. Julian Jorf Lasfar-Morocco's Office Cherifien des Phosphates Segal, Incitec Pivot managing director and CEO, and James (OCP) and the Libya-Africa Investment Portfolio have Whiteside, general manager, supply chain and trading, will signed a US$1 billion memorandum of understanding on join the IPNI board of directors. the feasibility study to build three production facilities for I I phosphoric acid, ammonia, and fertilizers. Under the agree- News Briefs ment, a $350 million phos acid plant that could produce I million mtly would be built in Jorf Lasfar. A $500 million, 800,000 mtly ammonia plant would be built in Libya. A $150 million fertilizer plant, reportedly DAP, would also be built The Andersons to buy three lime facilities in either Libya or Morocco. Maumee, Ohio- The Andersons Inc. said May 22 that it has Migao, SQM announce potassium nitrate jv recently signed a letter of intent to purchase three pelleted lime production facilities in Ohio, Illinois, and Nebraska to Vienna-Migao Corp., a leading producer of specialty potash expand the pelleted lime capabilities of its Plant Nutrient fertilizers for the Chinese market, and Sociedad Quimica y Group. The Andersons is pursuing the purchase of Mineral Minera de Chile S.A. (SQM) of Santiago, Chile, the world's Processing Inc., in Carey, Ohio, ASC Mineral processing largest producer and distributor of potassium nitrate, an- in Fairmont, Ill., and Platte River Pelletizing in Weeping nounced May 20 at the International Fertilizer Association Water, Neb., all of which are owned and operated by the Conference that they have created an investment framework Allen family of Allerton, Ill. "This acquisition will expand agreement for a joint venture for the production of potassium our service area, our production and distribution capabilities nitrate in China for domestic and international distribution. and enable us to increase our service levels to customers," The jv will create a new enterprise jointly owned 50/50 by said The Andersons CEO Mike Anderson. "The acquisi- Migao and SQM. The agreement calls for the construction of tion would make us the largest producer of pelleted lime in a new 40,000 mtly potassium nitrate facility in China, which North America." The transaction is scheduled to close later is expected to be operational in the first quarter of calendar this year, pending completion of due diligence, approval of 2009 at a capital cost of US$20 million. Migao, through its The Andersons board and selling shareholders, negotiation wholly-owned subsidiaries, will continue to produce potas- of documents, and any applicable regulatory agencies. "We sium nitrate in China, and distribute it through the newly are excited about what this transaction means to the future of formed jv. The jv will distribute any exports of potassium these operations," says Vicki Allen, a representative for the nitrate produced by Migao or the jv, as well as imports of family owners. "It is our sincere belief that The Andersons SQM's potassium nitrate to China. In addition, the jv will can carry on the dream our family has spent more than two distribute any exports of products produced by Migao. "We decades pursuing." are very pleased to enter into this agreement with SQM. GREEN MARKETS · May 26, 2008 11 Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischer Duplication in any form without written permission is unlawful. ThIS mutually beneficial agreement leverages SQM's strong the company's books in the first quarter under previous ~tc mternational network and Migao's established presence ::ounting methods will be booked later in the year. throughout China," said Mr. Liu Guocai, Migao's CEO, "This agreement expedites Migao's ambition of becoming PotashCorp to donate $1 M to China quake relief recognized as a leading international fertilizer company," Patricio Contesse, SQM CEO said, "We are thrilled at this Saskatoon-Potash Corp. of Saskatchewan Inc. said ]vlay opportunity to work with Migao in the growing Chinese 16 that it made a donation of US$I million to assist relief market, as we believe the synergies we are creating will efforts in China following an earthquake that struck Sichuan henefit us both. This agreement will allow us to further de- Province on May 12. The donation will be directed to the: velop our presence in one of the most important markets for China Charity Federation for use by the Sichuan Charity the fertilizer industry. and it is consistent with our strategy Federation. "We extend our thoughts, prayers and support of strengthening our worldwide leadership position in our to the thousands of people whose lives have been affected three core businesses," SQM and Migao will now take the by this tragedy," said PotashCorp President and CEO Bili next steps to effect the jv, including seeking the necessary Doyle. "Our friends and business partners in China say It l' approvals from the Chinese government. a traditional value in their country that when disaster stri ke". help comes from all sides. We share this value and are respond. Canpotex looks at three port options ing quickly in their time of need," This donation follow" ~I commitment to the relief efforts in Myanmar through CARE Saskatoon-Canpotex Ltd., which has been looking fornew USA, which was announced at PotashCorp's annual meellng port capacity for some time, said last week it is considering of shareholders on May l:::. three options that could add 10 million mt/y of handling capacity. These include new facilities at Prince Rupert. B,C. Aurox to study Balla Balla phosphate assets or Cherry Point, Wash., or a further expansion to the exist- ing Canpotex terminal in Vancouver. Canpotex is already Perth-Aurox Resources Ltd., an Australian iron ore de- expanding the Vancouver location to some 8.5 million mt. velopment company, says it also has phosphate asset" for With this upgrade, due in 2010, Canpotex capacity will be development at its Balla Balla iron ore location in northern 12 million mt/y. The new 10 million mt would be on top of Western Australia, not far from Port Hedland, Currently. the that. Mosaic President Jim Prokopanko outlined the pros phosphate was slated to be removed as a waste product from and cons of all three options. Vancouver is congested, but magnetite mining, However, with phosphate rock moving expandable. Prince Rupert would be one day closer to the from $50/mt to $400/mt on world markets within the past Asian markets, but is served by only one rail line. Cherry year, Aurox is now giving phosphate another look. It " Point would mean a border crossing, but the location can moving ahead with studies into the beneficiation and sales easily accommodate large vessels. The price tag for these of phosphate from the project. It currently estimates that il;, options is put between $300-$500 million. In addition to its deposit could have well over 100 million mt. Aurox says It existmg Vancouver terminal. Canpotex also has a facility in is already well advanced in the development of Balla Balla, Portland. Ore 11.aving completed a bankable feasibility study for 6 millirln rnt/y of magnetite iron ore production, It says it has in pbce LOL earnings up in 1 a two IS-year sales contracts for total of 6 million mtly, HI creasing to 10 million mtly in year five with major Chinese Arden Hills, Minn.-Land 0' Lakes Inc, reported net income steel companies. The facility is near major ports, gas, and of $61.3 million on sales of $3.26 billion for the first quarter power grids with main highway access. Iron ore shipments ending March 31, 2008, compared to the year-ago $52.6 to China could begin as early as 201 O. million and $2,2 billion, The recent quarter sales included $487 million in crop protection products (CPP) sales that TFI joins other ag groups for presentation at the UN would not have been included in LOL's financials before the repositioning of Agriliance LLC assets in 2007, With the Washington-The Fertilizer Institute (TFI) joined reI' cpp sales factored out, net sales for the quarter were still resentatives from the Soil Science Society of /\menc., up 27 percent. LOL did report a $10.9 million pretax loss in (SSSAj, the Soil and Water Conservation Society, and its agronomy business. compared to a year-ago $1.6 million the World Bank in May in conducting a United Natlon\ pretax loss. LOL said CPP sales are up 52 percent over first (UN) learning center course titled A Global Toulbox l< quarter 2007 numbers, and the company expects a solid year Manage Water and Nutrients for Agri-Communities TFI for this business. This reflected sales of $487.2 million in Vice President of Scientific Programs Bill Herz presenwd first quarter 2008, versus the CPP unit of Agriliance posting at the UN sanctioned course, which was held as a part uf $256.4 million in sales in first quarter 2007. The increase was the sixteenth session of the Commission on Sustainable primarily related to sales from the CPPbusiness to the current Development (CSD-16) at UN headquarters in New York Agriliance retail business, which were previously recorded City. The objective of the learning center course was to as intercompany transfers rather than sales. An estimated teach delegates about technologies and tools, including $] 5 million in vendor rebates that would have appeared on hest management practices IBMPs), available to achieve 12 May 26, 2008. GREEN MARKETS Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischel Duplication in any form without written permission is unlawful sustainable agricultural production goals and improve wa- LSB eyes partner for Pryor UAN off-take; ter quality and availability. Through the center, delegates chemical profits up 57 percent in 1 Q learned how to identify the best management practices or land practices within the toolbox that protect and enhance LSB Industries Inc. is looking for a potential partner that water quality. TFI's presentation centered on its steward- will commit to take all of the 325,000 stJy of UAN from ship system of using the right fertilizer product at the right its Pryor, Okla., nitrogen facility. LSB is seeking permits rate, time, and place. "Using the tools that are available to to bring the long-idled plant back up (GM April 7, p. 11). them, farmers can properly manage fertilizers and on-farm However, it has yet to make a final decision as to whether to sources of nutrients to meet food production needs while proceed with the Pryor startup. It recently told analysts that protecting the environment," said Herz. "With today's food it would prefer to find one major buyer with a good distribu- supply crisis as a backdrop, it is important to remember tion network that would commit to take all the product on a that adequate soil fertility is often a limiting factor in year-round basis, rather than having to go out in the market enhanced food production." The Commission on Sustain- to try to solicit small sales. able Development - also known as CSD - was created in "We want to make sure we can sell out the plant," Tony December 1992 to ensure effective follow-up of the 1992 Shelby, LSB CFO and executive vice president, finance, United Nations Conference on Environment and Develop- told analysts. ment (UNCED, also known as the Earth Summit), in Rio de In preparation for the potential startup, LSB says it will Janeiro, Brazil, where world leaders signed the Framework likely hold off on any near-term repurchases of its own Convention on Climate Change and the Convention on stock. LSB expects the startup to cost $15-$20 million and Biological Diversity; endorsed the Rio Declaration and the take about a year. About half of the cost will be capitalized, Forest Principles; and adopted Agenda 21, a 300-page plan while the other half would be expensed as incurred. LSB said for achieving sustainable development in the 21 st century. it is also looking at other chemical expansion opportunities A copy of TFI's learning center presentation can be found besides Pryor. on TFI's Web site at www.tfi.org. In the meantime, LSB said its chemical business - which includes fertilizer, industrial, and mining related nitrogen TFI tells GOP senators about high natural gas prices products - was the standout performer for the company in the first quarter ending March 31,2008, with a 57 percent increase Washington-The Fertilizer Institute (TFI) on May 16 in operating profits. Chemical operating income was $12.1 discussed the impact of the natural gas crisis on the U.S. million on sales of $91.3 million for the quarter, up from the fertilizer industry before the U.S. Senate Republican Confer- year-ago $7.7 million and $73.7 million, respectively. ence at a hearing titled More American Energy: Lowering The company said that the improved chemical results the Cost of Energy and Balancing the Family Budget. Terra were driven by substantially higher sales prices for fertilizer Industries Inc. President and TFI Chairman Michael Bennett products, increased UAN tons shipped, and slightly better testified on behalf of TFL Bennett told the group that "in pricing for mining products and industrial acids. During the seven of the last eight years since 2000, global consump- first quarter UAN tonnage shipped was 22 percent higher tion of grain and oilseeds has exceeded production. If the than the year-ago period, while revenues from these sales world's farmers stopped growing food today, we would only increased 109 percent. LSB gave the average published sales have enough grains in the world's storage bins to feed the price per ton for the quarter as $361/st, up 58 percent from world's population for 55 days." He told the senators that the year-ago $228/st. In the meantime, the cost of natural fertilizer use currently represents 40 percent of the world's gas, the primary feedstock for the Cherokee, Ala., nitrogen food production and will have to continue to be a part of the plant, was $7.04-$9.80/mmBtu, versus the year-ago $5.30- solution toward resolving the food crisis. He emphasized that $10.59/mmBtu. escalating domestic natural gas prices had caused 26 U.S. LSB said there was depressed early demand for fertilizer nitrogen plants to shut down since 2000. "Currently, only in the first quarter, primarily for ammonium nitrate from the 30 nitrogen plants are operating in the U.S. and 55 percent EI Dorado, Ark., facility. As a result, the company sold 35 of the U.S. farmer's nitrogen fertilizer is imported. In less percent fewer tons of the product than the year-ago quarter. than 10 years, we went from being basically self-sufficient in However, revenues for the product were only down 21 per- nitrogen fertilizer supply to importing more than half of our cent, reflecting higher prices per ton. Ammonia, the primary needs." He said America's food security - and by extension, feedstock for El Dorado, went from the mid-$400s/mt in its national security - will be jeopardized if action is nottaken January to a current price of about $550/mt. However, the to address the country's natural gas crisis. He said TFI sup- company noted that the majority ofEI Dorado's sales are to ports the newly introduced "Domestic Energy Production Act customers who accept the cost of ammonia as a pass through. (S.2958)," which the Senate Republican leadership recently LSB hopes to grow its non-seasonal industrial business with introduced. He added that the fertilizer industry particularly an emphasis on customers who accept the risk inherent with supports provisions that would allow states to petition to lift raw material cost fluctuations. This is currently 60-65 percent federal moratoriums on drilling off their shores and the bill's of chemical sales. efforts to promote importantcoal-to-liquids technologies and LSB says it maintains a strong presence in the seasonal energy production initiatives. agriculture sector, which is 35-40 percent of its sales. The GREEN MARKETS · May 26, 2008 13 Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischer Duplication in any form without written permission is unlawful. real growth in the chemical business is the ag side - every- 90 percent capacIty last year. a level previous estimate, thing else is steady. considered unlikely. LSB said the distribution system to the north of its facility An IFA assessment concluded that the slight surplm,e,' was full, waiting to be taken down. He said LSB does not that currently exist could be cut into as capacity grow, ill have much UAN inventory, but it will produce pretty much the next five years. full out in the second quarter. At El Dorado, the movement of One observer noted that until the new capacity is online, ammonium nitrate is a little bit slower and the company has a prices would most likely remain high. He added that high lot of inventory, but it expected demand to pick up in May. natural gas and petroleum costs would also keep addin~ t(, LSB-wide, net income was $10.9 million ($.46 per diluted the final price of fertilizers, share) on sales of $160.4 million, versus the year-ago $10.8 million ($,28 per share) and $147.4 million, respectively. Net Citizens criticize Simplot sulfuric acid Il1come was nearly level due to a $6.7 million provision for plans, IDEQ regulation income taxes taken in the current quarter, LSB operating in- come was $19.3 mi11ion versus the year-ago $13.5 million, At a May 21 public hearing to address the J.R. Simplm LSB's climate control business also saw increased oper- Co.'s request to remove a production limit at its No, 3()(J ating profits to $9.3 million, up from $8.5 million, though sulfuric acid plant west of Pocatello, some public citizen, sales were off. Despite national concerns over the current criticized Simplot's proposal and the Idaho Department of housing crisis, the company said its own market share in this Environmental Quality's regulation of the company's phm,. segment continues to lead the industry. The first quarter ,vas ph ate fertilizer complex, its highest on record for bookings. However, another concern Simplot estimates it would produce 2,000 tons of sulfUrIC is higher prices for copper, steel, and aluminum, which are acid per day without the 1 ,750-tons-per-day production limit up 25 percent since the beginning of the year. The lDEQ has proposed to issue an air quality permit allowing Slmplot to remove the restrictIon without violating federal IFA conference focuses on industry future emiSSIOns standards or unreasonably impacting humans, animals, or vegetation. The state agency has extended IhL' More than 1,600 leaders of the fertilizer industry met in public comment period until June 10. Vienna, Austria, last week to discuss the impact of record Monty Johnson, a Simplot environmental engineer. testItied prices on the industry and end users. Increased demand for annual emission limits will not increase as a result of liftmg fertilizer has caused the price increase because new produc- the sulfuric acid production limit. Sulfur dioxide emisslOns tion is not yet online. would remain the same, while nitrous oxides would decrease. IFA reports showed that capacity across the board remained he said, noting most of the plant's odor is inherent with le1'- relatively stable during the past 10-15 years, while recent tilizer manufacturing and comes primarily from phosphori: demand skyrocketed in the past two years. The higher prices acid, not sulfur dioxide. the industry currently enjoys are allowing companies to afford The Don Plant discharges about 565 tons of sulfur diOXIde new investments in production facilities. annually. Simplot anticipates that would increase to 602 rum The problem for buyers is that the timeframe from initiation if the sulfuric acid production limit were removed, but tl1~lt of building a new plant or opening a new mine will still be would still be below the 750 tons allowed each year undel' at least three years. Large fertilizer importers such as India federal standards, and Pakistan will continue to face a problem of balancing Citizen Roger Turner said the way IDEQ has processed their fertilizer needs and their national treasuries. Simplot's request may violate the federal Administrative J ,S. Sarna, secretary to the Indian Department of Fertilizers, Procedures Act, because there is a lack of information re, told IFA delegates that the subsidies planned for the 2007-2008 garding which other sources at Simplot's Don Plant would fiscal year are budgeted for US$9.2 billion. Next year the actually show increased emissions by boosting the sul1u1'k amount is estimated to be US$22.5 billion. He said increases acid plant's output. He said granting the permit does nl11 in the price paid for fertilizer cannot keep rising at current address a possible increase in visible emissions or odor, levels without a major economic and social disruption, There's also no indication which sources at the plan! are The rising prices and the trend for continued high prices tested annually, he said, urging IDEQ to consider reopel1l11g brought out what one delegate called the largest number of the permit approval process, financial institutions he has ever seen attending the annual Greg Helm, a citizen who has lived in Pocatello for 17 year;., event. and requested the public hearing, said an inordinately high J (J One Asian trader said he was dumbstruck by how many percent of local residents suffer respiratory ailments, indue/- investment bankers were at the conference. He said he took ing himself and two of his children, who have asthma, He s~ud as llJany meetings with potential financiers as he did with records show that in 2007 Simplot's plant discharged 45 Lilm his regular customers. Df carbon monoxide, 112 tons of nitrous oxides, 2 I I ton;., ,,1 TFA also noted that plants were operating at levels higher particulates, 1,610 tons of sulfur dioxide, 750 tons of sulfunl than anticipated, according to sources. On the average, global acid, and 3.3 tons of volatile organic compounds into the au. ammonia plants ran at 88 percent of capacity for 2007, com- Helm noted the Michaud Flats area near the phosphate pared to 86 percent in 2006. Urea plants ran at just above piants ofSllnplot and FMC has been designated a Superfund 14 May 26, 2008 . GREEN MARKETS Copyright @ 2008, Institute of Management and Administration, lne, - Published by Pike & Fischer Duplication in any form without written permission is unlawful site. He also expressed concerns about the air quality impacts Credit provision and other key policy priorities such as ofHoku's polysilicon plant in Pocatello and Southeast Idaho reforms to the Technical Service Providers (TSP) program, Energy's coal gasification plant near American Falls - projects anhydrous ammonia nurse tank grant program, and increased that are scheduled to be completed in the near future. transparency and oversight of energy trades were maintained Melissa Gibbs, IDEQ airshed coordinator in Pocatello, in the 2008 Farm Bill," said ARA President and CEO Jack noted that automobile emissions and road sanding during Eberspacher. "We applaud Senator Pat Roberts (R-Kan.) the winter also impact the community's air quality. for spearheading efforts on the inclusion of the Agricultural Dale Hofhine, a retired Simplot employee, said it is ir- Chemicals Security Credit provision. ARA also thanks all rational for the company to increase its emissions at a time members of the conference committee and other Senate and when the rest of the nation is "stepping down" because of House members that assisted on this proposal." global warming concerns. "I've never yet seen another plant Among the many provisions in the five-year legislation, comparable to the amount of daily pollutants coming out of the 2008 Farm Bill will boost nutrition programs, including this plant," Hofhine said. "You can taste it." food stamps and emergency domestic food aid, by some $10 About 30 people attended the hearing and a public infor- billion; increase subsidies for certain crops, including fruits mation session that preceded it. and vegetables excluded from previous farm bills; extend dairy programs; increase loan rates for sugar producers, and Congress overrides veto, passes 2008 urge the government to buy surplus sugar and sell it to ethanol Farm Bill producers for use in a mixture with com; cut a per-gallon ethanol tax credit for refiners from 51 cents to 45 cents, and Both the House and Senate voted on May 22 to override a push more money to cellulosic ethanol; stop allowing farm- presidential veto ofthe 2008 Farm Bill, putting the full $307 ers to collect subsidies for multiple farm businesses; and billion legislation on track to become law. The legislative pay farmers for weather-related farm losses from a new $3.8 process was not without some hiccups, however, as a portion billion disaster relief fund. of the bill was mistakenly left out of the package sent to and In his May 21 letter to the House vetoing the bill, Presi- vetoed by President Bush on May 21. dent Bush criticized the legislation on several grounds. "At According to the Agricultural Retailers Association, which a time of high food prices and record farm income, this supported the bill and praised Congress for overriding the bill lacks program reform and fiscal discipline," he said. president's veto, the Trade title of the 2008 Farm Bill Con- "It continues subsidies for the wealthy and increases farm ference Report was inadvertently left out of the version sent bill spending by more than $20 billion, while using budget to the President. As a result, this title will not yet become gimmicks to hide much of the increase." Bush also said the law even with the veto override, since it was not part of the bill was inconsistent with his administration's objectives in version vetoed by President Bush. ARA reported that the international trade negotiations, and needlessly expands the House on May 22 approved the farm bill agreement with the size of government. trade title as a precautionary step in case of any constitutional "At a time when net farm income is projected to increase challenges to the legislation. by more than $28 billion in I year, the American taxpayer The bill, criticized by President Bush as being too expensive should not be forced to subsidize that group of farmers who and bloated with earmarks at a time when U.S. farmers are have adjusted gross incomes of up to $1.5 million," Bush enjoying higher crop prices and improved farm income, was said. "When commodity prices are at record highs, it is approved in the House by a vote of 306 to 110, and in the irresponsible to increase government subsidy rates for 15 Senate shortly thereafter by a vote of 82 to 13. The margins crops, subsidize additional crops, and provide payments that of support in both chambers were more than enough to de- further distort markets." feat the veto that President Bush cast on Wednesday. Senate ARA, TFI, and CropLife America, along with some 1,050 Agriculture Committee Chairman Tom Harkin (D-Iowa ) other associations and trade groups, sent letters on May said on the Senate floor Thursday that all of the farm bill 21 to both the House and Senate urging them to override titles except for the trade title are now law with the Senate's Bush's veto. farm bill override vote. "Communities across the nation, from urban to rural, have The bill includes the Agricultural Chemicals Security Credit waited too long for this legislation," the letter stated. "The provision, which will provide a tax credit to agricultural Conference Report makes significant farm policy reforms, retailers, distributors, and other eligible agricultural busi- protects the safety net for all of America's food producers, nesses that improve security at their fertilizer and pesticide addresses important infrastructure needs for specialty crops, storage facilities. The measure was supported by ARA and increases funding to feed our nation's poor, and enhances The Fertilizer Institute. The final bill also includes additional support for important conservation initiatives. This is by funding for tank locks and additives to reduce the production no means a perfect piece of legislation, and none of our of methamphetamine from anhydrous ammonia, and measures organizations achieved everything we had individually to increase federal oversight authority to detect and prevent requested. However, it is a carefully balanced compromise manipulation and limit speculation in U.S. electronic energy of policy priorities that has broad support among organiza- markets by increasing reporting requirements. tions representing the nation's agriculture, conservation, and "We are pleased that the Agricultural Chemicals Security nutrition interests." GREEN MARKETS. May 26, 2008 15 Copyright @ 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischer Duplication in any form without written permission is unlawful. EuroChem, from page 1 would be the same as using antidumping calculations :.1\ ~, shortcut to impose an additional countervailing duty. withoUl meeting the procedural and substantive requirements or " that were part of the non-market-economy entity that pro- countervailing duty investigation." duced and exported subject merchandise during the period In a Dec. 26.2007, letter to DOC Secretary Carlos GUll of investigation. errez, Reps. Marion Berry (D-Ark.) and ]0 Ann Emerson The Ad Hoc Committee, whose urea producing members (R-Mo.) also voiced their support for EuroChem's requcst. include CF Industries Holdings Inc. and PCS Nitrogen Inc., saying "the current restrictive antidumping measure~. arc submitted other arguments as well, including the claim that outdated, unnecessary. and extremely injurious to Americ:.111 the DOC would create a potentially large and unnecessary farmers." administrative burden by continuing the new-shipper review Antidumping duties on urea imports from Russia aIlli because any producer that has changed over time and has Ukraine currently remain in place after a 2005 sunset revie\\ been acquired by a new owner could use this precedent to decision by the U.S. International Trade Commission. The justify eligibility for a new-shipper review. ITC decision was subsequently upheld in a 2007 appeab In addition to its initial claims, EuroChem argued that ruling by the U.S, Court of International Trade (GM Dee. the new-shipper review was warranted because a "mean- ;. 2007) ingfui difference" exists between Soviet entities and open ---. joint-stock companies in the Russian Federation, of which CVR, from page f EuroChem is one. EuroChem charged that the Ad Hoc Committee was ignoring the fact that the Soviet Union CVR is continuing with plans for a full conversion l1t ll:-. itself no longer exists, and that the "massive transforma- ammonia production to UAN and for the expansion of UAr\ tion" of the Russian economy since the period of inves- capacity from 2,000 stJd to 3,000 stJd. It expects this upgrade tigation was significantly more than a simple "corporate to be in place during the second or third quarter of20 10. Of its restructuring, .. two businesses, refining and fertilizer, CVR said that further The DOC ultimately concluded that the new-shipper investment in fertilizer is more attractive right now, review was warranted based on its analysis of the com pet- The company said most industry price forecasts are quite ing arguments, and rendered its final decision in the case robust into 2010 for both ammonia and UAN, CVR said cur, this spnng. The decision, which appeared in a May 22 rent ammonia prices are exceeding $660/st and UAN $400/st. Federal Register notice, was heralded by the Agricultural CVR said that it has sold 85-90 percent of Its fertilizer bl'uk Retailers Association, which last summer sent a letter to through the remainder of the year. the DOC urging support for EuroChem's new-shipper CVR again touted its stance as the only petroleum coke, review request. based nitrogen plant in North America. noting that WIth "We believe EuroChem's new shipper review should $1 OlmmBtu gas with an ammonia production cost of$350/st. proceed under the normal rules that apply to all market that CVR's own petcoke based production cost would onh economy products, and any inquiry into cost of production be around $100/st. should focus on what EuroChem's costs actually are and Another plus, said CVR, is its new Continuous Catalytu.: not on what those costs 'should be,''' the 2007 ARA letter Reformer Unitin the refinery. The unit will produce hydrogcn stated. "Assigning a higher cost, in order to offset an alleged so that the refinery will no longer have to take hydrogen awa:. distortion in Russia's domestic natural gas market, we be Iieve from ammonia production. ----- GREEN MARkETS Routine or systematic photocopying of this publication or portions thel e, <I is a violation of Federal copyright laws, To ensure compliance with COP). right regulations or to inquire about licensing any Pike & Fischer content. contact Pike & Fischer Customer Care at customercare@pf.com or call EDITORIAL I" at 1-800-255-8131 x 248/301-562-]530 x 248 Steve Sea)'. Editorial Director ...................................(865) 690-7499 (sseay@aol.com) While no copyright is claimed in any materials ubtained tmm olllcwl Daniel Cole, Senior Editor. N. America........(406) 556-0870 (danielkcole@msn.com! Dan Kubiske. Senior Correspondent, Int.I..........(703) 539-8348 (dan@kubiske.org) United States Government sources. including the text of statutes. ruk, Robert Boyle. Senior Correspondent, Phosphates/Sulfur ....................(727) 895-1420 or regulations, all other rights are reserved, I robertwp boyle@gmail.com) Base subscription rates: If you are interested in subscribing to Grcen Jeffrey Hearn, Laynu 1..............................................................................(301) 562-15311 Markets or another sister publication. call (800) 255-8]31 Ext. 24S Facsimile WAX) ........................................................................................(301) 562-1521 Subscription rates are $]249 per year in North America, $]649 per \Veb site ............................................................................... http://greenmarkets.pf.com year elsewhere. The e-mail version of Greel! Markets is $1549 per year. Greel! Markets is published Monday, 5] weeks a year IS51\ Offices: 10 10 Wayne Avenue, Suite 1400, Silver Spring. MD 20910 USA, (11495669/91 with correspondents in major trading centers worldwide, Pike & Fischer Customer Care Information has been obtained by Greel! Markets from sources believed to Email: customercare@pf.com be reliable, However. because of the possibility of human or mechanical Phone: ]-800-255-8131 x 248 / 30]-562-1530 x 248 error by our sources. Greel! Markets or others. Greel! Markets does nol Web: www,pfco!TI guarantee the accuracy, adequacy, or completeness of any information and Historical Database: Green Markets price statistics. going back as lar is not responsible for any errors or omissions or for the results obtained as 1977, are available for purchase, For more information. contact Pike & from the use of such information, Fischer Customer Care at customercare@pfcom or 1-800-255-8131 x248 16 May 26, 2008 . GREEN MARKETS Copyright (Q 2008, Institute of Management and Administration, Inc. - Published by Pike & Fischer Duplication in any form without written permission is unlawful. VI.-CONSENT AGENDA ITEM B.8. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office [8J August 19, 2008 August 4,2008 (Noon) o October 21 , 2008 October 6,2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) o November 5,2008 October 20,2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3,2008 (Noon) o October 7,2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the purchase of four (4) emergency bypass pumps from Godwin Pumps of America. Godwin Pumps of America Inc. is an authorized vendor under the GSA contract. The Utilities Department would like to piggyback the GSA contract with Godwin Pumps for the purchases of these bypass pumps. Godwin Pumps GSA contract # GS-07F-9491G effective 5/1/2007 to 3/31/2112. EXPLANATION: The City's bypass pumping equipment has been primarily Godwin Pumps. Their performance and service has been exceptional. Godwin Pumps offers options that most manufacturers cannot offer. For example, their maximum flows of 5000 to 6000 gpm, solids handling capacity of 3", total dynamic head (TDH) as high as 180 ft, "dry prime" patent priming system at a minimum of 28 feet of suction head at start-up and 24 hour parts and service. These options are needed by the Wastewater Division in the event of an emergency. These pumps will be installed permanently at four lift station locations. In the event of an emergency situation, for example storms and hurricanes, the pumps will provide continued wastewater conveyance during power outages. The four lift station locations are; 1. LS# 914 in Platina 2. LS# 918 in Royal Manor 3. LS# 609 in Golf View Harbor 4. LS# 612 in Lakes of Tara PROGRAM IMPACT: The total cost for the four bypass pumps including the float system and automatic "Prime Guard" controller is $113,836.49. Godwin Pumps has offered to extend this price to the Utilities Department based on their contract with GSA, which is approximately $6,000 per pump less than pricing on a recent bid for East Brunswick Sewage Authority on similar, but not identical, pump. Attached is the proposal and the GSA contract. Funds are available in account #403-5000-590-96-04 SWR 108. FISCAL IMPACT: Total cost for these purchases are $113,836.49. Funds are available in account # 403-5000-590-96-04 SWR 108. ALTERNATIVES: The Utility Department is continuing to utilize this technology where it is appropriate compared to using generators to provide the electricity to run the stations. Stand-by pumps provide a better alternative since they act as a back-up for loss of electrical power as well as pump failure. There is less maintenance and service to the pumps vs. generators and lower fuel costs which will enable the City to save in operational costs. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM -- ( ~~ \~ - ity M,m;;g~," Sigm,"" --- Assistant to City Mana er ~ U 7lL-\,ln ~ Department Name City Atto C4-A~~ SIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH FINANCE DEP ARTMENT/Procurement Services Division MEMORANDUM TO: Kurt Bressner City Manager From: Carol Doppler, CPP Purchasing Agent DATE: July 31, 2008 RE: GODWIN PUMPS AGENDA ITEM Per your request, Tony has provided me with documentation of a bid from East Brunswick Sewage Authority that Godwin was awarded just recently, (see attached). They purchased a "Trailer-Mounted" by-pass pump and we are ordering the same pumps but "Skid-Mounted" to be installed stationary at the lift stations. In speaking with Tony, he explained that the cost for this pump is $33,928.00 as opposed to our GSA quotes of approximately $27,500.00 per unit. This price difference does not constitute $6,400.00 for a trailer. The typical cost difference is approximately $3,000.00 to $4,000.00. Therefore I am requesting that we accept GSA contract as the best price and move forward with the agenda item. The only other alternative we have is to spec out a new bid and I don't believe we would get a better price and considering we are in hurricane season this may be the way to go. Please return to me if you agree so we can meet the deadline for August 19, 2008 Commission meeting. Thank you Icjd C: Tony Lombardi: Maintenance Manager File East Brunswick Sewerage Authority 25 Harts lane. P.O. Box 1065 . East Brunswick, NJ 08816 Phone (732) 257-8313 FAX (732) 257-0605 Ma rch J ~ , 2008 Godwin Pumps One Floodgate Road Bridgeport, NJ 08014 To Whom It May Concern: We are please to infor~ you ~hat you have successfully bid for the Trailer Mounted Trash Pump. Your bid was awarded at the March 27, 2008 meeting of the EBSA Board of Commissioners. Enclosed is a copy of the Resolution from :hat meeting and two copies of the contract. Kindly sign the two copies and return them to us as soon as possible, when they are signed by our officials a copy will be mailed to you for your records. J'..gain, congratulations and we look forwaro to ooing business with you. If you have questions, please do n01: hesitate to call. Very truly yours, 'rf lilt UZ,;L-,JjI1-,r,~L t1 ureen David Purchasing Enclosures MDI RESOLUTION OF THE EAST BRUNSWICK SEWERAGE AUTHORIT'i RESOLUTION NO. 2351 Wl1EREAS, the EaSt Brunswick Sewerage Authority "dv<rlised f"r reed\>t or bids for a Trailer Mounted Trash pumP with CriticallY Silenced Enclosure onrl,u<,day, March 20,2008, and V>I11EREAS, on March 20, 200S at 10:00 a.m, twO bids were received on the Trailer Mounted Trash pump with CriticallY Silenced Enclosure from Godwin pump' of America, Inc., and Foley, Inc., and Wl-fEREAS, the Executive Director has reviewed all documents and have found them to be in order. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the East Brunswick Sewerage AuthoritY that: I) The recorrunendstion of the Executive Director is hereby accepted. 2) The bid is awarded to Godwin pumps of I\tt>erica, Inc. in the amount of $33,92S.00, for the Trailer Mounted Trash pumP with CriticallY Silenced Enclosure in accordance with their bid documents submitted on March 20, 200S. 3) The Executive Director is hereby authoriZed to award the bid. I hereby certify the above to be a true copy of a Resolution adopted by the East Brunswick Sewerage AttthoritY at a meeting held on March 27, 200S. . East Brunswick Sewerage Authority ,-:;":"; ~ i- 'f ~,l-, ~" - P.O. Box 1 065 . 25 Harts Lane. East Brunswick. New Jersey 08816 . (732) 257-8313 -VENDOR God win Pumps 11670 ____B... -Address One Flood gatp Rnad, Bridgeporl, Lj 080i.4 - DATE APPROPRIAT.ION ACCT. " PURCHASE REO. /I CONTRACT" DELIVERY DATE PURCHASE ORDER NO. 1 Q (i P. ') .,. {j',; U ,_ f; /:'') lua Capital This number must appear on all packages, Invoice and correspondence. ITEM NO. QUANTITY DESCRIPTION OF GOODS OR SERVICE RENDERED. ITEMIZE FUllY UNIT PRICE AMOUNT 1 G (> rJ v.' Lr. cd - L 00 m Drj,-prim c' pump pee c c nt:r B':t cl c ~ lJ m e \, t. s S33,na.f')(' I ! /1 .;.} .', _ ' /)24, /,) ... . ,} ,"";;"" ~. . /; I /,)..:...'/.(1',;....../ ,(,','- t./". -- , '. I DO NOT ACCEPT THIS ORDER UNLESS IT IS SIGNED BELOW. THE CONDITIONS OF THIS ORDER ARE NOT TO BE MODIFIED BY ANY VERBAL UNDERSTANDING, Budget Appropriation Balance Sufficient and Encumbered, '~'-"------- Purchasing Date PAYMENT RECOR 0 ~-- . DATE PAID CHECK NO. Approved "c/: "'- Date INVOICE NO, AMOUNT '-"' Ship To _._~--,-_._- APPROPRIATION OR ACCOUNT CHARGED I I . --.--"-------.- tHS / L/ - {{ -bY: ~r& - P. 1 of 2 SIGNEy,^::1f}1 6 CONNERTY COURT EAST BRUNSWICK, NJ 08816-1633 M58230 i I 732-390-2166 V EAST BRUNSWICK SEWERAGE AUTH EAST BRUNSWICK SEWERAGE AUTH 25 HARTS LANE C/O BRANCH GP23 PO BOX 1065 6 CONNERTY COURT EAST BRUNSWICK, NJ 08816 EAST BRUNSWICK, NJ 08816 28320 # 4/09/08 KB EAST BRUNSWICK, NJ 270 MOTOR FRT SCOTT VIANDS **SALE** DELIVERY DATE: MAY 21, 2008 SHIPPING INSTRUCTIONS: MUST SHIP WITH p/T# 017425 1 GODWIN MODEL CDI00M CRITICALLY SILENCED 4" PUMPSET DRIVEN BY A YANMAR 3TNV88SP DIESEL ENGINE ENTIRE UNIT ENCLOSED IN SOUND ATTENUATED PANELS GODWIN PRIMEGUARD AUTOMATIC CONTROLLER MOUNTED ON A GL5 HIGHWAY TRAILER (N32-5852) DOT LIGHT KIT 4" GODWIN Q.D. SUCTION & DISCHARGE (AS LISTED BELOW) SiN ENGINE COMPRESSOR TRAILER SKID WO CONTROL 1 4" FEMALE GODWIN Q.D. X 4" FLANGE ADAPTER ON SUCTION 1 4" O-RING 1 4" MALE GODWIN Q.D. X 4" FLANGE ADAPTER ON DISCHARGE 1 TWO FLOAT ASSEMBLY FOR GODWIN PRIMEGUARD CONTROLLER 1 411 FEMALE GODWIN Q.D. X 4" FLANGE ADAPTER 4/11/08 8:42:25 P. 2 of 2 6 CONNERTY COURT EAST BRUNSWICK, NJ 08816-1633 M58230 732-390-2166 EAST BRUNSWICK SEWERAGE AUTH EAST BRUNSWICK SEWERAGE AUTH 25 HARTS LANE C/O BRANCH GP23 PO BOX 1065 6 CONNERTY COURT EAST BRUNSWICK, NJ 08816 EAST BRUNSWICK, NJ 08816 28320 # 4/09/08 KB EAST BRUNSWICK, NJ 270 MOTOR FRT SCOTT VIANDS 11 4 O-RING 1 4 MALE GODWIN Q.D. X 4" FLANGE ADAPTER 1 4 SMALL HOLE SUCTION SCREEN WITH MALE GODWIN Q.D. 1 4 X 90 DEGREE GODWIN Q.D. BEND 2 4 X 60 DEGREE GODWIN Q.D. BEND 2 4 X 45 DEGREE GODWIN Q.D. BEND 1 4 X 20' LIGHTWEIGHT ORANGE HELIX HOSE WITH GODWIN Q.D. 5 4 X 10' RUBBER SUCTION HOSE WITH GODWIN Q.D. AND DOUBLE BOLT CLAMPS 10 4" X 25' HEAVY DUTY ORANGE LAYFLAT DISCHARGE HOSE WITH GODWIN Q.D. 16 5/8" X 4" NUTS AND BOLTS 2 o & M MANUALS 4/11/08 8:42:25 gedwin pumps ,:.:;:,; ;tf,,'JJ:'. ~~' .'~~;;'~;;:' ,~.:,: '~:~~,. Great Pumps. Great People. 202 Winston Creek Parkway Telephone: 863-682-8800 lakeland, Fl 33810 Facsimile: 863-682-5200 June 23,2008 City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Attention: Mr. Anthony Lombardi Phone: (561) 742- 6421 Fax: (561) 742-6298 RE: Sale Pumpsets for Various Lift Stations Revised Sale Quotation #KA3550-1 Dear Mr. Lombardi: Godwin Pumps of America, Inc is pleased to provide you with the following revised sale quotation for your upcoming project located at (4) various lift stations utilizing the Godwin Dri-Prime Back Up System (DBS). Godwin will honor GSA sale pricing on each pumpset that you will need for the various lift stations. GSA agencies can purchase pumps and designated accessories at a discounted rate. To see our complete catalog, visit the www.gsaadvantage.gov website. Our GSA contract # is GS-07F-949lG, effective 5/1/07 to 3/31/12. Although we will offer the same discount on the accessories, they are open market items and will be listed separately in the pricing that follows. If we can provide additional information or assistance, please do not hesitate to contact us at 863-682- 8800, mobile at 813-363-5962 or via e-mail at tampa@godwinpumps.com. Sincerely, GODWIN PUMPS OF AMERICA, INC. (~- I Kevin Abernathy Sales Engineer KA/jaw June 23. 20m; City of Boynton Beach Anthony Lombardi Sale Quotation KA3550-l Page 2 of 3 ** SALE QUOTATION ** GSA Pricing Lift Station # 914 Platina Godwin List GSA 350 GPM @ 40' TDH Price Price 1 Godwin Dri-Prime@ Model CDlOOM Critically Silenced Automatic $ 34.265.00 $ 27.341.41 Self-Priming (to 28 feet) Diesel Pumpset. . 4" Flange on Suction and Discharge Connection, . Solids handling to 1 7/8". . Dry Running Oil Bath Mechanical Seal. I . Driven by Yanmar 3TNV88, 24,6 HP @ 2200 RPM, water cooled diesel engine, i . Entire pump and engine assembly shall be completely enclosed with sound I attenuated panels. I . Skid Mounted with 105 gallon fuel tank, . Average fuel consumption 1.1 GPH @ 1800 RPM. I . Noise Level: 69 dBA @ 30 Feet I I Lift Station # 918 GSAI Royal Manor Godwin List 250 GPM @ 95' TDH Price Price I I Godwin Dri-Prime@ Model CD80D Critically Silenced Automatic $ 33,620.00 $ 26.826.74!. Self-Priming (to 28 feet) Diesel Pumpset. . 3" Flange on Suction and Discharge Connection, . Solids handling to 1-5/8", . Dry Running Oil Bath Mechanical Seal. . Driven Yanmar 3TNV70, 14.7 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid Mounted with 68 gallon fuel tank. . Average fuel consumption 0.7 GPH @ 1800 RPM, - Lift Station # 609 Golfview Harbor Godwin List GSA 450 GPM @ 70' TDH Price Price 1 Godwin Dri-Prime@ Model CDlOOM Critically Silenced Automatic $ 34,265.00 $ 27.341.41 Self-Priming (to 28 feet) Diesel Pumpset. . 4" Flange on Suction and Discharge Connection, . Solids handling to I 7/8", . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 3TNV88, 24,6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels, . Skid Mounted with 105 gallon fuel tank. . Average fuel consumption] ,] GPH @ 1800 RPM, . Noise Level: 69 dBA @ 30 Feet i This pricing information is for your internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges wifl be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All prices quoted in US Dollars. See attached Terms and Definitions which are part of this quote. June 23, 2008 City of Boynton Beach Anthony Lombardi Sale Quotation KA3550-1 Page 3 of 3 ** SALE QUOTATION ** GSA Pricing (Continued) Lift Station # 612 Lake of Tara Godwin List GSA 350 GPM @ 70' TDH Price Price 1 Godwin Dri-Prime@ Model CDlOOM Critically Silenced Automatic $ 34,265.00 $ 27,341.41 Self-Priming (to 28 feet) Diesel Pumpset. . 4" Flange on Suction and Discharge Connection. . Solids handling to 1 7/8". . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 3TNV88, 24.6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid Mounted with 105 gallon fuel tank. . Average fuel consumption 1.1 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet SALE SUBTOTAL - GSA ITEMS $136,415.00 $108,850.97 Availability: 4-6 weeks, upon receipt of purchase order. Transportation Charges: No Additional Charge Transportation by: Godwin Pumps of America, Inc. ** SALE QUOTATION ** Open Market Items Item Qty Description List Discounted Sale Total Sale Total A 4 Godwin PrimeGuard Controller $ 4,820.00 $ 3,846.08v B 4 Two Float Assembly for Godwin PrimeGuard Controller $ 1,428.00 $ 1,139.44 1/ SALE SUBTOTAL - OPEN MARKET ITEMS $6,248.00 $4,985.52 List Discounted Price Price SALE TOTAL - ALL ITEMS $142,663.00 $113,836.49 This pricing information is for your internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All prices quoted in US Dollars. See attached Terms and Definitions which are part of this quote. gedwin CONFIDENTIAL pumps. III ~lJ,ntract!1older INTERNAL USE ONLY I Effective 5/1/07 - 3/31/12 YanmarL100V Site Trolley $11.lf7!~ 2'/3 . CD7SM Site Trolley $13,896,! 3 Kubota D722 GPlO Trailer $14.494,58 GPl8 Trailer $14,l02,04 GP30 Trailer $17.139.75 Yanmar 3TNV70 GP60 Trailer $17.550,69 3 CD80D Skid Mounted - 30 Gallons I $16,29792 GP30 Trailer $18,9079 Deutz F2L20 I ] GP60 Trailer $19.40': "6 Skid Mounted - 30 Gallons $18.268,84 GP30 Trailer $19.473 73 Yanmar 3TNV88 GP60 Trailer $19,960.4/ I Skid Mounted - 30 Gallons $18,735,63 Caterpillar 3013C GP30 Trailer $19.94451 CD 100M Skid Mounted - 30 Gallons $19,2144C' 4 Kubota V1S0S GP30 Trailer $: 8,556 :;" Skid Mounted - 30 Gallons 1> 'i 7.9 i 2,,"", I Deutz F2LIOI i GP30 Trailer $20,048 :'L I Skid Mounted $19.465 .,~ i GP30 Trailer ! $20,427 2:b Yanmar 3TNV88 GP60 Trailer $209180::; 'lit /. (. Skid Mounted - 30 Gallons $19,697,15 John Deere 4024T GP60 Trailer $22314,39 CD 103M Skid Mounted - 60 Gallons $2 34C';' Deutz F4L 1011 GP60 Trailer $23,004 .' 4' Skid Mounted - 60 Gallons $2203.': CD 103M Yanmar 3TNV88 GP60 Trailer $20.503:' 232mrr, Trl!l'lmed Impeller Skid Mounted - 60 Gallons $19.54 ::: 'CD 103M with PrimeGuard John Deere 40241 GP60 Trailer $23.0;;:' oJ" Skid Mounted - 60 Gallons $22,098c.': GP60 Trailer $25 406,41 John Deere 4045D Skid Mounted $24436 GPIOO Trailer $25.482,2' , GP60 Trailer $25.7654:0 Caterpillar 3054C-NA Skid Mounted _ 60 Gallons $;'506,' 32 CD1SOM Caterpillar 30S4C-T GP60 Trailer $26 958,40 Skid Mounted - 60 Gallons $25,9889 I Deutz F3L914 GP60 Trailer $2S~510? 6' Skid Mounted - 60 Gallons $24. .85 )! Deutz F4L914 GP60 Trailer $25.9 41 :'~ Skid Mounted - 60 Gallons $:2S, t:,OtJ CD150M GP60 Trailer )~~::j 43() 4~ John Deere 4024T 240mm Trimmed Impeller Skid Mounted - 60 Gallons $::::IL.(l!i.; 'CD 150M with PrimeGuard John Deere 40450 GP60 Trailer ~,26 Skid Mounted - 60 Gallons $25,621.8::' GP7052C Trailer $47062,50 John Deere 60681 Skid Mounted - 150 Gallons $46.?5928 GL 10 Trailer S49. ;" i GP7052C Trailer S,,~9,q47,D,: CD160M John Deere 6068H Skid Mounted - 150 Gallons $46,' 592(, 6 GL 10 Trailer $52 C09 GP7052C Trailer $E! : c'~ ttc;: Caterpillar C6,6 Skid Mounted - 150 Gallons $48,E3(! John Deere 4045H GP3052C Trailer $45,~~9 S.'JD Skid Mounted - 100 Gallons $43,850,79 GP7052C Trailer $47 C30,58 John Deere 6068T Skid Mounted - 150 Gallons $43, 64:~ 33 GLlO Trailer $49,Cl33.4 GP7052C Trailer $47 ~52,o. 6" CD180M John Deere 6068"" Skrd Mounted 150 Gatlons $5094049 GL 10 Trailer $j:,-I(.iC;S: ;1 . Caterpillar C6,6 GP70S2C Trailer $4(1 A6E.~i') Skid Mounted - 150 Gallons $52,660,05 gedwin CONFIDENTIAL pumps. . ~"gmr~,<::!,~older INTERNAL USE ONt Y Effective 5/1/07 - 3/31/12 GP60 Trailer $26,846.69 John Deere 4045D GP3052 Trailer $29,519.79 8" CD200M Skid Mounted $26,168.44 GP60 Trailer $27,564.84 DeutzF4L914 GP3052 Trailer $30,277.83 Skid Mounted - 100 Gallons 26,870,63 John Deere 4045T GP3052 Trailer $35,276.93 Skid Mounted $33.7 44.88 8" CD225M John Deere 4045H GP3052 Trailer $37,499.19 Skid Mounted - 100 Gallons $36,026.99 Caterpillar C4.4 GP3052 Trailer Consult Factory Skid Mounted - 100 Gallons Consult Facto Skid Mounted $39,869.07 John Deere 6068T GP7052C-250 $42,382.58 GL 10 Trailer $45.115.53 10" CD250M GP7052C $45,267.14 John Deere 6068H Skid Mounted - 100 Gallons $42.753.63 GL 10 Trailer $48,004.07 Caterpillar C6-6 GP7052C $45,267.14 Skid Mounted - 100 Gallons $42.753.63 Caterpillar C9 Skid Mounted $72.038.02 12" CD300M GL 14 Trailer $77.795.16 John Deere 6090H GL 14 Trailer $77.224.63 Skid Mounted - 250 Gallons $71,483.45 John Deere 6068T Skid Mounted $53,661,47 GUO Trailer $58,907.92 12" DPC300 John Deere 6068H GL 10 Trailer $61,796,46 Skid Mounted - 150 Gallons $56,550.01 Caterpillar C6-6 GL 10 Trailer $63,651.67 Skid Mounted - 150 Gallons $58.405,22 18" CD400M Caterpillar C9 Skid Mounted (no tank) $118.314.55 2 gedwin CONFIDENTIAL pumps. . ~?'I)~ra,c;tl-1older INTERNAL USE ONL Y Effective 5/1/07 - 3/31/12 standard Build - Cast Iron Wearplates John Deere 4045D GP60 Trailer $26,998,30 Skid Mounted - 60 Gallons $26,998,30 HL80M Deutz F4L914 GP60 Trailer $27,644,63 4"x3" Skid Mounted - 60 Gallons $26,990,32 Caterpillar 3054C-NA GP60 Trailer $26,99830 I Skid Mounted - 60 Gallons $26,276 . " HL80M with John Deere 4024T GP60 Trailer $24,923,66 295mm trimmed impeller Skid Mounted - 60 Gallons $23,934,2' Standard Build - Cast Iron Wearplates John Deere 4045T GP3052 Trailer $35,209 IJ Skid Mounted $33.473,58 HL4M John Deere 4045H GP3052 Trailer $37,2877,1 4"x4" Skid Mounted - 1 00 Gallons $35,755,69 Caterpillar C4,4 GP3052 Trailer Consult Coctor', (2200 RPM Operating Skid Mounted - 100 Gallons Consult cactor\' HL4M with John Deere 4045D GP3052 Trailer $32,;; 59 43 310mm trimmed impeller Skid Mounted - 100 Gallons $3] ,223,39 28% Chromium Steel Hardened Wearp/ates John Deere 4045T GP3052 Trailer $36,322:'3 Skid Mounted $34.459,[1.4 HL4M John Deere 4045H GP3052 Trailer $38,27i 1 tf 4"x4" GL6 Trailer $36,7 4 Caterpillar C4.4 GP3052 Trailer Consult 'oetery Skid Mounted - 100 Gallons ':onsult =CJCt8n,' HL4M with John Deere 4045D GP3052 Trailer $34,68246 310mm trimmed impeller Skid Mounted - 100 Gallons $32,188,90 Standard Build - 28% Chromium Steel Hardened Wearp/ates GP7052C Trailer $44.9':0,8" John Deere 6068T Skid Mounted $4 1 .7 88 I 2 GL 10 Trailer $470345: 6" x 4" HL5MS GP7052C Trailer $47.864.4,1 John Deere 6068H Skid Mounted - 150 Gallons $44,676,66 GL 10 Trailer $499:'], :' Caterpillar C6-6 GP3052 Trailer $46.276,::., Skid Mounted - 150 Gallons $42.406,52 Cast Iron Wearplates John Deere 6068T GP7052C Trailer $4: 624,.5.~ Skid Mounted $31 738..5' 6" x 4" HL5MS John Deere 6068H GP7052C Trailer $4.: .5 1 3 OE Skid Mounted - 150 Gallons $40, 6J,~.O(7 Caterpillar C6-6 GP7052C Trailer $46,2/65~ Skid Mounted - 150 Gallons $42.406,52 Standard Build - 28% Chromium Steel Wearplates John Deere 60681-1 Skid Mountea $6 'I >'<14,~~lo GP7052C Trailer $58, 756 ~i 6" x 6" HL5M GP7052C Trailer $568253C Caterpillar 31266 Skid Mounted - 175 Gallons $53 581 HL5M Skid Tank with GL 10 $58,772.27 Cast Iron Wearpfates John Deere 60681-1 GP7052C Trailer $54' 421, 6" x 6 HL5M Skid Mounted - 175 Gallons $51 ,~::54.9=;' Caterpillar 31266 GP7052C Trailer $51929G.::: Skid Mounted - 175 Gallons $48,52273 3 gedwin CONFIDENTIAL pumps. . ~,!;?,mmf!,t1older INTERNAL USE ONLY Effective 5/l/07 - 3/31/12 Size Godwin Pump Model Drive Mounting GSA Net 20.8%+ IFF.75% Standard Build - 28% Chromium Steel Wearplates Skid Mounted - 150 Gallons $56,334.56 Caterpillar 31268 GP7052C Trailer $59.749,75 8" x 6" HL6M GL 10 Trailer $60,970.60 John Deere 6068H Skid Mounted - 150 Gallons $58,560.82 GP7052C Trailer $61,944.08 Cast Iron Wearplates Caterpillar 31268 Skid Mounted - 150 Gallons $53,653.49 8" x 6" HL6M GP7052C Trailer $57,064.68 John Deere 6068H Skid Mounted - 150 Gallons $55,839.84 GP7052C Trailer $59,027.61 Standard Build - 28% Chromium Steel Hardened Wearplates Caterpillar 3406 Skid Mounted - 250 Gallons $103,862.26 10"x8" HL8M with compressor GL 16 Trailer $112,788.82 Caterpillar C 15 Skid Mounted - 250 Gallons $97,763.61 with compressor GL 16 Trailer $106,684.58 Standard Build - 28% Chromium Steel Hardened Wearplates 10"x8" HL225M Caterpillar C9 $77,978.69 $83,735.82 Standard Build - 28% Chromium Steel Hardened Wearp/ates Caterpillar 3406C Skid Mounted - 250 Gallons GL21 Trailer 12"x10" HL250M Skid Mounted - 250 Gallons GL21 Trailer Standard Build - 28% Chromium Steel Hardened Wearplates Skid Mounted - 175 Gallons $62.757.98 John Deere 6068T GP7052C $59,570.21 4" x 3" *HL 110 GL 10 Trailer 64,816.67 Skid Mounted - 175 Gallons $62,458.75 John Deere 6068H GP7052C $65,642.53 GL 10 Trailer 67,705.21 Standard Build - 28% Chromium Steel Hardened Wearplates Skid Mounted - 200 Gallons $80,177.01 6" x 4" *HL 130M Caterpillar C9 GL 12 Trailer $89,229.64 Standard Build - 28% Chromium Steel Hardened Wearplates Caterpillar 3406 Skid Mounted - 250 Gallons $103,600.54 8" x 6" *HL 160M with com ressor GL 16 Trailer $112,525.50 Caterpillar C 15 Skid Mounted - 250 Gallons $107,829,62 with com ressor GL16 Trailer $116,754.58 4 gedwin CONFIDENTIAL pumps. . ~9,fltr~c,!Holder INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 7,5HP Skid Mounted $9,814,66 2"/3 CD75M GP30 Troiler $1 l,418,52 10HP Skid Mounted $10.0341J GP30 Trailer $11,641.94 7,5HP Skid Mounted $11,00758 3" CD80D GP30 Trailer $12,615,43 Skid Mounted ! 10HP $11,262,92 GP30 Trailer $12,870.77 7,5HP Skid Mounted $11,091.37 3 CD80M GP30 Trailer $12.103,20 10HP Skid Mounted $11,326,Ct GP30 Trailer $ j 2,938,60 15HP Skid Mounted $11.82148 4" CD 100M GP30 Trailer $13,42933 20HP Skid Mounted $12,120,7' GP30 Trailer $] 3, 724,57 25HP Skid Mounted $13,221.87 4' CD] 03M 240mm Trimmed Impeller GP30 Trailer $14,829.7 30HP Skid Mounted $13,40140 GP30 Trailer $15,005,26 40HP Skid Mounted $15,116,97 6 CD150M GP60 Trailer $17,004, Co 50HP Skid Mounted $] 5,232,67 GP60 Trailer 17,119.80 75HP Skid Mounted $30,756,60 6 CD 160M 330mm Trimmed frr,~elle~ GL7 Trailer $34. 965 ~~ 100HP Skid Mounted $31 434,8.' GL7 Trailer $35.643,98 100HP Skid Mounted $32.424,29 6 CD180M GL7 Trailer $36,633,4..- 125HP Skid Mounted $33,601,25 GL7 Trailer $37,810,39 Skid Mounted $ 1 7 ~140 8 CD200M 60HP GP60 Trailer $18,923,15 75HP Skid Mounted $20,89805 8" CD225M GL7 Trailer $25,'07,IE 100HP Skid Mounted $2 i .576.3C GL7 Trailer $25.785,43 Skid Mounted $23060 4C 10' CD250M 100HP GL7 Trailer $27,2696~ 150HP Skid Mounted $45,33496 12" CD300M GL 1 0 Trailer $48,98,'; 5,j 200HP Skid Mounted $44, '42,04 GLl 0 Trailer $49,388,50 IOOHP Skid Mounted $33.96432 12" DPC300 GL 1 0 Trailer $39,2'0 '.' 125HP Skid Mounted $35,14 :.of: GL 10 Trailer $40,387,' 3 5 gedwin CONFIDENTIAL pumps. II ~np.~!.m~l,!;:iolder INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 standard Build - Cast Iron Wearplates 30HP Skid Mounted $15,519.93 4"x3" HL80M GP60 Trailer $17,403.07 50HP Skid Mounted $16,190.20 GP60 Trailer $18,077.33 Standard Build - Cast Iron Wearplates 60HP 360mm Trimmed Skid Mounted $21,053.65 4"x4" HL4M Impeller GL7 Trailer $25,262.78 75HP Skid Mounted $23,220.05 GL7 Trailer $27,429.19 28% Chromium Steel Hardened Wearplates 60HP Skid Mounted $22,673.47 4"x4" HL4M 360mm Trimmed GL7 Trailer $26,882.60 75HP Skid Mounted $23,311.82 GL7 Trailer $27,520.95 Standard Build - 28% Chromium Steel Hardened Wearplates 75HP Skid Mounted $24,181.57 6"x4" HL5MS GL7 Trailer $28,390.71 100HP Skid Mounted $24,859.82 GL7 Trailer $29,068.95 Cast Iron Wearplates 75HP Skid Mounted $21,907.44 6"x4" HL5MS GL7 Trailer $26.116.58 100HP Skid Mounted $22,581. 70 GL7 Trailer $26,794.83 Standard Build - 28% Chromium Steel Wearplates 100HP Skid Mounted $26,088.65 6"x6" HL5M 375mm Trimmed GL7 Trailer $30,301,77 125HP Skid Mounted $27,265.61 GL7 Trailer $31,474.74 Cast Iron Wearplates 100HP Skid Mounted $23,690.84 6"x6" HL5M 375mm Trimmed Impeller GL7 Trailer $27,899.97 125HP Skid Mounted $24,995.47 GL7 Trailer $29,204.60 Standard Build - 28% Chromium Steel Wearplates 125HP Skid Mounted $34,941.79 8"x6" HL6M 365mm Trimmed Impeller GL 10 Trailer $40,188.25 150HP Skid Mounted $35,903.31 GL7 Trailer $41.153.76 Cast Iron Wearplates 125HP Skid Mounted $32,551.96 8" x 6" HL6M 365mm Trimmed Impeller GL7 Trailer $37,802.41 150HP Skid Mounted $33,509.49 GL 10 Trailer $38,7 67.91 HL225M Skid Mounted $57,547.43 10"x8" 300HP GLl2 Trailer $63,304.57 12"xlO" HL250M 400HP Skid Mounted $68,156.05 GL 12 Trailer $73,913,18 Standard Build - 28% Chromium Steel Wearplates 4" x 3" *HL110M 100HP Skid Mounted $53,457.99 GLl 0 Trailer $58,716.41 Standard Build - 28% Chromium Steel Wearplates 4" x 4" *HL130M 250HP Skid Mounted $60,420.02 GL 12 Trailer $66,205.08 Standard Build -?8% ChromiUm St~el Wearplates 8" x 6" *HL 160M 350HP Skid Mounted $6~,803.54 GL 12 Trailer $72.560.67 6 gedwin CONFIDENTIAL pumps. _ INTERNAL USE ONLY ~ ~.s:>,r:,tra~t Holder Effective 5/1/07 - 3/31/12 ! HP Parl Number Voltage/Phase 10HP CA101016P29 460 Volt, 3 Phose $91'6" 20HP CA201627P29 460 Vall. 3 Phose $9;n 4', 30HP CA303242P36 460 Vall. 3 Phose $9 "i:' 40HP CA404063P36 460 Volt, 3 Phose $1 I 50HP CA7563100P42 460 Vall. 3 Phose $' ',", 60HP CA7563100P42 460 Volt, 3 Phose $1 ^,' 75HP CA7563100P42 460Volt,3Phose $15 clUI 100HP CA100100125P48 460Volt,3Phose 1 ~ 125HP 711900-125A 460 Volt, 3 Phose $3.(;60.9' 150HP 711900-150A 460 Vall. 3 Phose $3,295,4'1 HP Parl Number Voltage/Phase 10HP CM101016P29 460Volt,3Phose $4220 20HP CM201627P29 460 Volt, 3 Phose $52664 30HP CM303242P36 460 Volt, 3 Phose $5984c i I ~ 40HP CM404063P36 460 Volt, 3 Phose I $ 7r~:: 1 "I 50HP CM7563100P42 460 Volt, 3 Phose $8r.~:\ 60HP CM7563100P42 460 Vall. 3 Phose $8"'.7. I 75HP CM7563100P42 460 Volt. 3 Phose $8' "7, 100HP CMlO0100125P48 460 Volt, 3 Phose $1,:.'70 1 125HP 711900-125A 460 Volt, 3 Phose $3,060,90 10HP CA 101016P29 460 Volt, 3 Phose I I 20HP CA201627P29 460 Volt, 3 Phose $1 858 4C I 30HP CA303242P36 460 Volt, 3 Phose $1 "62 I j 40HP CA404063P36 460 Volt, 3 Phose i $1 '~6:.'.) I I 50HP CA7563100P42 460 Vall. 3 Phose I $2'3:::,0 i I ~' ' ~, 60HP CA7563100P42 460 Volt, 3 Phose : ",2'2-' 6[; i 75HP CA7563100P42 460 Volt, 3 Phose I $2,603,6b i 100HP CA 100100125P48 460 Volt, 3 Phose L-- $3IO~~~_1 125HP 711900-125A 460 Volt, 3 Phose 1 $3364"_-i 150HP 711900-150A 460 Volt, 3 Phose ! $35~~_.~~,_j gedwin CONFIDENTIAL pumps. . S;:,8mf~p.l,tfolder INTERNAL USE ONLY Effective 5/1107.3131/12 HP Part Number Voltage/Phase 10HP CM101016P29 460 Volt. 3 Phose $869.7S 20HP CM201627P29 460 Volt, 3 Phose $1.003.01 30HP CM303242P36 460 Volt, 3 Phose $1.06S.2S 40HP CM404063P36 460 Volt, 3 Phose $1,229.63 SOHP CM7S63100P42 460 Volt, 3 Phose $1,332.S6 60HP CM7S63100P42 460 Volt, 3 Phose $1 ,332.S6 7SHP CM7S63100P42 460 Volt. 3 Phose $1,332.56 100HP CM10010012SP48 460 Volt, 3 Phose $2,424.94 12SHP 711900-12SA 460 Volt, 3 Phose $3,364.12 lSOHP 711900-1S0A $3,S98.71 GLS Trailer Skid Mounted - 10S Gallons 4" CD100M Yanmar 3TNV88 GLS Trailer Skid Mounted - 10S Gallons 4" CD 103M John Deere 4024T GLS Trailer Skid Mounted - 10S Gallons 6" CD 150M John Deere 404SD GLS Trailer Skid Mounted - 10S Gallons 6" CD160M John Deere 6068T GL 10 Trailer Skid Mounted - 150 Gallons 6" CD200M John Deere 404SD GLS Trailer Skid Mounted - 10S Gallons 8" CD22SM John Deere 404ST GL7 Trailer Skid Mounted - 150 Gallons 10" CD250M John Deere 6068T GL 10 Trailer Skid Mounted - 1S0 Gallons 12" DPC300 John Deere 6068T GL 12 Trailer Skid Mounted - lS0 Gallons GL21 Trailer Skid Mounted - 240 Gallons 4" x 4" HL4M John Deere 4045T GL7 Trailer $49,049.37 Skid Mounted - 150 Gallons $43,312.18 Standard Build - 28% Chromium Steel Wearplates 6" x 4" HL5MS John Deere 6068H $SS,89S.70 $SO.733.03 Standard Build - 28% Chromium Steel Wearplates 6" x 6" HLSM Caterpillar 31268 72.S16.79 $67,146.65 Standard Build - 28% Chromium Steel Wearplates 8" x 6" HL6M Caterpillar 31268 $72.488.86 $67,122.71 Standard Build - 28% Chromium Steel Wearplates 10"x8" HL22SM Caterpillar C9 $109,728.72 $100,360.90 Standard Build - 28% Chromium Steel ~earplotes GL21 Trailer $13S,338.60 12"x 10" HL2S0M Skid Mounted - 340 Gallons $12S,73S.40 C;L21 Trailer $131,101.54 Skid Mounted - 340 Gallons 121.506,31 8 gedwin CONFIDENTIAL pumps. . ~pmra,c:! t10lder INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 GL5 Trailer Skid Mounted - 105 Gallons CD 150M V -60ctm John Deere 4045D GL5 Trailer 6 Skid Mounted - 105 Gallons CD150MV-120ctm John Deere 4045D GL5 Trailer Skid Mounted - 105 Gallons CD225MV-120ctm John Deere 4045T GL 10 Trailer 8' Skid Mounted - 100 Gallons GLl 0 Trailer Skid Mounted - 100 Gallons HS 1 00 Pumpend $6.379.53 4" HS 1 OOMR Power Yanmar 3TNV88 GL5 Trailer $24.788,01 HS I OOMR Hose Set (2) 3/4" x 50'; (I) liT x 50 $865.76 HS100 Com lete Unit $32.033.30 HS 100 Pumpend $6.379.53 4' HS 1 OOMR Power Yanmar 3TNV88 Skid Mounted - 70 Gallons $22.633,57 HS 1 OOMR Hose Set (2) 3/4" x 50'; (1) 1/2" x 50 865.7 6 HS100 Com tete Unit $29.878.86 HS150 Pumpend $7.7 48,00 6' HS 150MR Power John Deere 4045D GL7 Trailer $32.46020 HS 150MR Hose Set (2) 1"x50'; (1) I/Tx50 $l.272. 71 HS150 Com lete Unit $41.480.91 HS150 Pumpend $7.748,00 6 HS 150MR Power John Deere 4045D Skid Mounted - 105 Gallons $28.350,81 HS 150MR Hose Set (2) 1" XSO'; (1) 1/2' x 50' $1.272.71 HS150 Com lete Unit $37.371.52 HS80 Pumpend $4.20115 3' HS80 Power Pack Yanmar 3TNV76 GP30 Trailer $12.491~S HS80 Hose Set (2) 3/4" x 50' $714, i c, HS80 Com lete Unit $17.407.06 HS80 Pumpend $4.20115 3 HS80 Power Pack Yanmar 3TNV76 Skid Mounted - 30 Gallons $11,8494 HS80 Hose Set (2) 3/4" x 50' $714,16 HS80 Com lete Unit $16.764.72 HS 1 00 Pumpend $6,379,53 4 HS 1 OOMR Power Yanmar 3TNV88 GP30 Trailer $12,89C I HS 1 OOMR Hose (2) 3/4" x 50'; (1) liT x 50 $865 76 HS100 Com lete Unit $20,140.01 HS 1 00 Pumpend , $6,379,53 4' HS 1 OOMR Power Yanmar 3TNV88 Skid Mounted - 30 Gallons I $12.17:'57 HS 1 OOMR Hose (2) 3/4" x 50': (1) 1/2"x50 $865,70 HS100 Com lete Unit $19.417.87 HS100 Pumpend $6,37953 4" HS100MR Power Caterpillar 301 3C GP30 Trailer $13,560,99 HS 100MR Hose (2) 3/4" x 50'; (1) liT x 50 i $86576 I HS100 Com lete Unit $20.806.29 HS100 Pumpend I $6,37953 4" HS 1 OOMR Power Caterpillar 3013C Skid Mounted - 30 Gallons I $13,05430 I HS 1 OOMR Hose (2) 3/4" x 50'; (1) 1/2" x 50 $865,76 HS100 Com lete Unit $20.299.59 HS 1 OOSG Pumpend $8.230,75 4 HS 1 OOSG Power Yanmar 3TNV88 GP60 Trailer $14,3190,) HS 1 OOSG Hose (2) 3/4" x 50'; (II liT x 50; (:') 1/4', 50 $I,057,~/ HS100SG Com lete Unit $23.607.05 gedwin CONfIDENTIAL pumps. II ~s~D1r~st~older INTERNAL USE ONLY Effective 5/l/07 - 3/3J/12 Godwin Pump Model Drive Mounting GSA Net Size (20.8%+ IFF.75%1 HS100SG Pumpend $8,230.75 4" HS 1 OOSG Power Yanmar 3TNV88 Skid Mounted - 60 Gallons $13,345.55 HS 1 OOSG Hose (2) 3/4" x 50'; (1)1/2" x 50'; (2) 1/4" x 50 $1 .057,27 HS100SG Comolete Unit $22,633.57 HS 150 Pumpend $7.7 48,00 6" HS150MR Power John Deere 4045D GP60 Trailer $18,496.25 HS 150MR Hose $1.272.71 HS150 Comolete Unit $27.516.96 HS 150 Pumpend $7,748.00 6" HS 150MR Power John Deere 4045D 60-gal Skid $17,522.76 HS 150MR Hose $1,272.71 HS 150 Complete Unit $26,543.47 HS 150 Pumpend $7,748.00 6" HS 150MR Power Caterpillar 3054C-NA GP100MV Trailer $21,165.36 HS150MR Hose $1,272.71 HS150 Comolete Unit 530,186.07 HS 150 Pumpend $7,748.00 6" HS150MR Power Caterpillar 3054C-NA 60-ga/ Skid $19,270.25 HS 150MR Hose $1,272.71 HS 150 ComDlete Unit 528,290.96 HS 150V Pumpend $7,7 48,00 6" HS 150MR Power John Deere 40450 GP60 Trailer $18,496.25 HS 150MR Hose $1,272.71 HS150 Comolete Unit $27,516.96 HS150V Pumpend $7,7 48,00 6" HS 150MR Power John Deere 40450 60-gal Skid $18,496.25 HS 150MR Hose $1,272.71 HS150 Comolete Unit $27,516.96 HS150V Pumpend $7.748.00 6" HS150MR Power Caterpillar 3054NA GP100MV Trailer $21.013.75 HS 150MR Hose $1.272.71 HS150 Comolete Unit $30,034.46 HS 150V Pumpend $7,748.00 6" HS150MR Power Caterpillar 3054C-NA Skid Mounted - MV100 Gallons $19,270.25 HS 150MR Hose (2) ]"XSO'; (1) 1/2"x50' $1.272. 71 HS 150 ComDlete Unit $28.290.96 HS 150VSG Pumpend $9,347.87 6" HS 150SG Power John Deere 4045D GP100MV Trailer $22.338.33 HS 150SG Hose (2) 1"x50'; (1) 1/2"x50'; (2) 1/4"x50 $1. 432.30 HS150VSG Comolete Unit $33,118.50 HS150VSG Pumpend $9.347.87 6" HS 150SG Power John Deere 4045D Skid Mounted - MV100 Gallons $21.703.97 HS 150SG Hose (2) 1"x50'; (1) 1/2"x50'; (2) 1/4"x50 $1,432,30 HS150VSG Comolete Unit $32,484.14 HS200 Pumpend $15,144.90 8" HS200MR Power John Deere 60681 175-gal Skid $30,237.94 HS200MR Hose $2,194.34 HS200 Complete Unit $47,577.17 HS200 Pumpend $15,144.90 8" HS200MR Power John Deere 60681 GP7052C Trailer $31.913.61 HS200MR Hose $2.194.34 HS200 Complete Unit $49,252.85 HS200 Pumpend $15,144.90 8" HS200MR Power John Deere 6068H GP7052C Trailer $34,798.16 HS200MR Hose (2) 1-1/4"x50'; (1) 1/2"x50' $2.194.34 HS200 Complete Unit $52,137.40 HS200 Pumpend $15.144.90 8" HS200MR Power John Deere 6068H Skid Mounted - 175 Gallons $33,122.49 HS200MR Hose (2) 1-1/4"x50'; (1) 1/2"x50' $2,194.34 HS200 Comolete Unit $50.461.73 HS200SG Pumpend $18.2nn 8" HS200SG Power John Deere 6068T GP7052C Trailer $32,388.38 HS200SG Hose (2) 1 1/4" x 50'; (1) 112" x 50'; (2) 1/4"x50 $2,262.16 HS200SG Comolete Unit $52,943.32 10 gedwin CONFIDENTIAL pumps. III ~\?Dtra~~.t1older INTERNAL USE ONL Y Effective 5/1/07 - 3/3J/l2 Size Godwin Pump Model Drive Mounting GSA Net 20.8%+ IFF.75% HS200SG Pumpend $18,29277 8' HS200SG Power John Deere 6068H Skid Mounted - 175 Gallons $30.712 HS200SG Hose (2) 11/4"x50; (I) 1/2"x50'; (2) 1/4"x50 $2,26L. c HS200SG Com lete Unit $51.267.65 HS200SG Pumpend $18,29277 8' HS200SG Power John Deere 6068H GP7052C Trailer $35,272.94 HS200SG Hose (2) 11/4"x50; (1) 1/2'x50'; (2) 1/4"x50 $2.262 c HS200SG Com lete Unit $55,827.87 HS200SG Pumpend $18,29277 8' HS200SG Power John Deere 606SH Skid Mounted - 175 Gallons $33,597,::'t HS200SG Hose (2) I 1/4"x50'; (1) 1/2"x50; (2) 1/4"x50 $2,262 it HS200SG Com lete Unit $54,152.20 HS250 Pumpend $17,l'5,S' 10" HS250MR Power John Deere 606ST 175-gal Skid $30,::'37 '14 HS250MR Hose $2,194,2,4 HS250 Com lete Unit $49,548.08 HS250 Pumpend $17 115,81 10' HS250MR Power John Deere 606ST GP7052C Trailer $31,913,6' HS250MR Hose $2,194,2,4 HS250 Com lete Unit $51.223.76 HS250 Pumpend $17,1'581 10' HS250MR Power John Deere 606SH GP7052C Trailer $34,798, , HS250MR Hose (2) 1-1/4' x 50'; i I) 1/2' x 50' $2,194,34 HS250 Com lete Unit $54,108.31 HS250 Pumpend $17,l15,SI 10" HS250MR Power John Deere 6068H Skid Mounted - 175Gallons $33, I ::'249 i HS250MR Hose (2) 1-1/4" x 50'; (1) 1/2" x 50' $2.194,34 HS250 Com lete Unit $52,432.64 HS300 Pumpend $27,S36,14 12 HS300MR Power John Deere 606SH GL 10 Trailer $57,798 :c HS300MR Hose (2) 2x50'; (1) 1/2"x50 $3.893,9~ HS300 Com lete Unit $89,528.87 HS300 Pumpend $27,836, 14 I 12" HS300MR Power John Deere 6068H Skid Mounted - 175 Gallons $52.552 3> i HS300MR Hose (2) 2x50'; (1) i/2x50' $3.893,05 I HS300 Com lete Unit ,282.41 HS80 Biodegradable Oil HS100 Biodegradable Oil I HS 150 / HS 150V Biodegradable Oil HS200 / HS250 Biode radable Oil .1 gedwin CONfIDENTIAL pumps. II ~,8~t.m~!.~0Ider INTERNAL USE ONLY Effective 5/1/07 - 3131/12 DOT Light Kit $211.45 Pintle Hitch 3" Included Ball Hitch 2" $75.80 Ball Hitch 2-5/16th $123.68 Elec:trlc: Brakes GP30 Trailer 3"Pintle $498.71 2" Ball $598.46 2-5/16th Ball $622.39 Hydraulic: Brakes 3" Pintle $817,89 2" Ball $909.65 2-5/16th Ball $957.53 DOT Light Kit $211.45 Pintle Hitch 3" Included Ball Hitch 2" $75.80 Ball Hitch 2-5/1 6th $123.68 Elec:trlc: Brakes ' GP60 Trailer 3" Pintle $498.71 2" Ball $598.46 2-5/16th Ball 622.39 HydrauRc Brakes 3" Pintle $837.84 2" Ball $925.61 2-5/16th Ball $957.53 DOT Light Kit $211.45 Pintle Hitch 3" Included Ball Hitch 2" $75.80 Ball Hitch 2-5/16th $123.68 Elec:trlc: Brakes GP100 Trailer 3" Pintle $498.71 2" Ball $598.46 2-5/16th Ball $622.39 Hydraulic: Brakes 3" Pintle $837.84 2" Ball $929.60 2-5/16th Ball $957,53 DOT Light Kit Included Pintle Hitch 3" Included Ball Hitch 2" $75.80 Ball Hitch 2-5/16th $123,68 Elec:trlc: ,rakes GP3052C Trailer 3" Pintle Standard 2"Ball $95.75 2-5/16th Ball $127,67 Hydraulic Brakes 3" Pintle $606.43 2"Ball $702,19 2-5116th Ball $734.10 DOT Light Kit Included Pintle Hitch 3" Included Ball Hitch 2" $75.80 Ball Hitch 2-5116th $123.68 Elec:trlc: Btakei GP7052C-250 3" Pintle #VALUEI 2"Ball $95.75 2-5/16th Ball $127.67 HydrciullC:8rakes 3" Pintle $925.61. 2" Ball $1.021.36 2-5/16th Ball $1,053.28 12 gedwin CONFIDENTIAL pumps. III ~2n~rac! t;1older INTERNAL USE ONLY Effective 5/1/07 - 3/31/!2 Trailers From GP30 to GP60 From GP60 to GP100 Grom GP60 to GP3052 Skids From 30 Gallon to 60 Gallon Skid From 60 Gallon to 100 Gallon Skid From 100 Gallon to 175 Gallon Skid Enclosure with Locking Doors $857,79 Engine Model4045D Oil Level Site Gauge $15560 Block Heater - 110 Volt $1 03,'~ Hos ita I Muffler $490.73 Enclosure with Locking Doors $90965 Engine Model 4045T Oil Level Site Gauge $15560 Block Heater - 110 Volt $103" I Hos ital Muffler $530,63 Enclosure with Locking Doors $1,1929:' Engine Model 6068T Oil Level Site Gauge $ 1 55 60 Block Heater - 110 Volt $103,'3 Hos ita I Muffler 530.63 A-91, Two 60' Floats, 25' Plug-in Cord, Stand Mounted $2,306,05 A-91, Fire Control, 25' Cord, Stand Mounted, Pressure Sensor $2,1624:' EMS-448, 50' Transducer for Level Control, Engine Mount Microprocessor Con $3,012,2: Two Float Assembly for Godwin PrimeGuard Controller $284 86 Level Transducer for Godwin PrimeGuard Controller I $142q I Pressure Transducer for Godwin PrimeGuard Controller $498, ' 3016D/4045D Auto Throttle for Godwin PrimeGuard Controller 833.85 "3 gedwin II ~nS~mr~~l,~older CONFIDENTIAL pumps. INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 26kW-R GHP26KW-R JD4024TF270 Trailer $19,461.76 Skid Mounted $18,105.26 45kW-R GHP45KW-R JD5030TF270 Trailer $25.753.51 Skid Mounted $23,559.18 65kW-R GHP65KW-R JD4045TF275 Trailer $30,980.02 Skid Mounted $28,526.36 100kW-R GHP100KW-R JD6068TF275 Trailer $45,003.82 Skid Mounted $39,889.02 125kW-R GHP 125KW-R JD6068HF275 Trailer $52,304.97 Skid Mounted $47.158.25 150kW-R GHP150KW-R JD6068HF275 Trailer $56.813.33 Skid Mounted $51.686.56 185kW-R GHP185KW-R JD6068HF475 Trailer $65,730.31 Skid Mounted 60 603.54 250kW-R GHP250KW-R JD6081HF070 Trailer $85.020.51 Skid Mounted $76,542,39 350kW-R GHP350KW-R JD6125HF070 Trailer $108,599.63 Skid Mounted 99.702.60 20kW-S GHP20KW-S Isuzu 4LE Trailer $14.781.84 26kW-S GHP26KW-S JD4024TF270 Trailer $18,173.08 Skid Mounted $16.816.59 45kW-S GHP45KW-S JD5030TF270 Trailer $24,237.43 Skid Mounted 22,043.09 65kW-S GHP65KW-S JD4045TF275 Trailer $28.318.89 Skid Mounted $25.853.26 100kW-S GHP100KW-S JD6068TF275 Trailer $40,615.15 Skid Mounted $35,468.43 125kW-S GHP125KW-S JD6068HF275 Trailer $47.337,79 Skid Mounted $42,191.08 150kW-S GHP150KW-S JD6068HF275 Trailer $52,045.64 Skid Mounted 46,910.89 185kW-S GHP185KW-S JD6068HF475 Trailer $61,979.99 Skid Mounted 56,833,28 250kW-S GHP250KW-S JD6081 HF070 Trailer $80.631.84 Skid Mounted $72.413.06 350kW-S GHP350KW-S JD6125HF070 Trailer $105.000.92 Skid Mounted $96,131.82 6kW GLT416 Mitsubishi L3E Trailer $8.976.83 6kW GLT 416-ALC Mitsubishi L3E Trailer $10,054.04 14 gedwin CONFIDENTIAL pumps. . f;2,t)trac,!Holder INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 1 GWP-25HX l.l Honda GX25 $3' 5 19 'y GWP-50HX 4,0 Honda GX120 $538 6 ' 3 GWP-80HX 5,5 Honda GX 160 $658,~~C 4" GWP-100HX 8,0 Honda GX240 $1, :92,Q' T GTP-50HX 55 Honda GX160 $949.55 3 GTP-80HX 8,0 Honda GX240 $ ,348: 4' GTP-100HX 11.0 Honda GX340 $U86,87 :5 gedwin CONFIDENTIAL pumps. II ~g,f.lYac!l;:Iolder INTERNAL USE ONLY Effective 51 J 107 - 313 J /12 $219.43 $630,37 GS P05- 1 1/2 HP 115 Volt Single 30' $410,94 $678.25 $1.089,19 $219.43 $630,37 GSP05-2 1/2 HP 230 Volt Single 30' $410,94 $781.98 $1.192,92 2" $219.43 $881 .72 GSP10-1 1 HP 115Volt Single 50' $662.29 $718,15 $1.380.44 $219.43 $881.72 GSP10-2 1 HP 230 Volt Single 50' $662,29 $781.98 $1.444,27 $219.43 $1.839,25 GSP20-1 2 HP 115 Volt Single 50' $1.619.82 $781.98 $2.401.80 $219.43 $1.839.25 GSP20-2 2 HP 230 Volt Single 50' $1.619,82 3" $781.98 $2.401.80 $219.43 $1.839,25 GSP20SL-1 2 HP 115Voll Single 50' $1.619.82 $78996 $2.409.78 $219.43 $1.839,25 GSP20SL-2 2 HP 230 V 011 Single 50' $1.619,82 $789,96 $2.409.78 $219.43 $630,37 GST05-1 1/2 HP 115 Volt Single 30' $410,94 $678.25 $1.089,19 $219.43 $630,37 GST05-2 1/2 HP 230 V 011 Single 30' $410,94 $781. 98 $1.192,92 2" $219.43 $881.72 GSTlO-1 1 HP 115Volt Single 50' $662.29 $718,15 $1.380.44 $219.43 $881. 72 GST10-2 1 HP 230 Volt Single SO' $662,29 $781.98 $1.444,27 GSP05-1/GST05-1 1/2 HP 115Volt Single 30' $50,27 GSP05-2/GST05-2 1/2 HP 230 Volt Single 30' $51.87 GSPlO-1/GSTlO-1 1 HP 115 Volt Single 50' $63,04 GSP10-2/GSTl0-2 1 HP 230 Voll Single SO' $67,03 $498.71 $3,139.89 3" *GSP25HV-2 2,5 HP 230 Volt Single 65' $2,641.18 $837.84 $3.479,02 $758,04 $3,881,98 *GSP45HV-2 4,5 HP 230 Volt Single 65' $3,123,94 $1.157,01 $4,280,95 $797,94 $4.636,03 4" *GSP60HV-2 6,0 HP 230 Volt Single 65' $3,838,09 $1.236,81 $5,074,90 $797,94 $4,636,03 *GSP60HH-2 6,0 HP 230 Volt Single 65' $3,838,09 $1,236,81 $5,074,90 . GSP25, 45 & 60 requires a Godwin Custom Control Panel tor Operation. Panel must be purchased, 16 gedwin CONFIDENTIAL pumps. _ c.:ontract Holder INTERNAL USE ONLY Effective 5/ J /07 - 3/3 J /12 I GSP35HV - 3 3,5 HP 230 Volt Three 65 $2,31403 I I $997 43 $3,:YI: 4: $44685 'i,: 3' GSP35HV - 4 3,5 HP 460 Volt Three 6" $2,31403 $997 43 I I $446 85 $: I GSP35HV . 6 3,5 HP 575 Volt Three 6S' $2,31403 $ 1.03732 r~ y) \ .~.~ $44085 '),_' 'JS2 P, GSP55HV - 3 b,5 HP 230 Volt Three 05' $3,11! 97 $997 43 16 $44685 4" GSP55HV . 4 5,5 HP 460 Volt lhree 65' $3,1119/ $997.43 $44685 GSP55HV - 6 S,5 HP 575 Volt lhree 6S $3,111 97 $ I ,037,32 ! $44685 GSP55HH - 3 5.5 HP 230 Volt 'lt1ree f,S' $3,11' 9l $99743 $/~ i l!(~ ,)'1 $446 85 4' GSP55HH . 4 5,5 HP 460 Volt Ihree 65 $3.! II 97 $997 43 $4.10939 $44685 <.;1 GSP55HH - 6 5.5 HP 575 Vall lhrpE- ! !,C; $3,11 91 I $I,OJ732 $5S4 .~7 GSP80HV 3 8,0 HP 230 Volt Thre'f' 65 $3,830 $997 4:; I I $446 85 4' GSP80HV. 4 80 HP 460 Vall !'w~e I I,S' $3,83C, \ i $997 43 $4468e' GSP80HV - 6 8,0 HP 575 Volt Thref' 65 $3,830 I GSP80HH - 3 8,0 HP 230 Volt fhree 65 $3,830 11 $997 4:, l4 d:i; :14 $4468,'; 4 GSP80HH 4 8,0 HP 460 Volt three 6S' $3,830 I $997 43 $44685 '),.'. :/, Qf, GSP80HH - 6 (\ 0 HP 575 Volt Ihrf~e 65 $3,830 I I $1 03!:': },.1 h6, 4) I $63Ci 37 GSPI30HV - 3 13.0 HP 230 Volt Three 65' $5.36;' ',6 $'9/4,' $S:>457 ~" 4' GSPI30HV 4 130 HP 460 Volt lllfee 65 $5,362,' f $99/43 5.6 ~"j'158 \ ! $5"45" i' GSPI30HV - 6 13,0 HP 575 Volt Tnret:; f8 '\>5,3(,2 I" \ $1.03/32 ~/ jyy 48 gedwin CONFIDENTIAL pumps. II S:,9,mr~c,! tlolder INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 $630,37 $6.495.23 GSP130HH - 3 13,0 HP 230 Voll Three 65' $5,864,86 $997.43 $6,862,28 $554,57 $6.419.43 4" GSP130HH - 4 13,0 HP 460 Volt Three 65' $5.864,86 $997 43 $6.862.28 $554,57 $6.419.43 GSP130HH - 6 13,0 HP 575 Volt Three 65' $5,864,86 $1.037,32 $6.902,18 $738,09 $9.11 6.46 GSP160HV.. 3 16.0 HP 230 Volt Three 65' $8.378,37 $1.236,81 $9.615,18 $554,57 $8,932,94 GSP160HV-4 16,0 HP 460 Volt Three 65' $8,378,37 $997.43 $9.375,80 $554,57 $8,932,94 GSP160HV - 6 16,0 HP 575 Voll Three 65' $8.378,37 $1.037,32 $9.415,69 6" $738,09 $9,116.46 GSP160HH - 3 16,0 HP 230 Voll Three 65' $8.378,37 $1.236,81 $9,615,18 $554,57 $8.932,94 GSP160HH - 4 16,0 HP 460 Volt Three 65' $8,378,37 $997.43 $9,375,80 $554,57 $8.932,94 GSP160HH - 6 16,0 HP 575 Volt Three 65' $8.378,37 $1.037,32 $9.415,69 $957,53 $12.120.71 GSP300HV - 3 30,0 HP 230 Volt Three 65' $11.163,18 $1.675,67 $12.838.85 $630,37 $11.793,55 GSP300HV - 4 30,0 HP 460 Volt Three 65' $11.163,18 $997.43 $12.160,61 $630,37 $11.793,55 GSP300HV - 6 30,0 HP 575 Volt Three 65' $11.163,18 6" $1.037,32 $12,200,50 $957,53 $12.120.71 GSP300HH - 3 30,0 HP 230 Volt Three 65' $11.163,18 $1.675,67 $12.838,85 $630,37 $11.793,55 GSP300HH - 4 30,0 HP 460 Volt Three 65' $11.163,18 $997.43 $12,160,61 $630,37 $11.793,55 GSP300HH.. 6 30,0 HP 575 Volt Three 65' $11.163,18 $957,53 $17.714,27 GSP600HV - 4 60,0 HP 460 Volt Three 65' $16.756.74 $1.675,67 $18.432.41 8" $957,53 $17,714,27 GSP600HV - 6 60,0 HP 575 Volt Three 65' $16.756.74 $1.675,67 $18.432.41 $95753 $17.714,27 GSP600HH - 4 60,0 HP 460 Volt Three 65' $16.756.74 $1.675,67 $18.432.41 6" $957,53 $17.714,27 GSP600HH - 6 60,0 HP 575 Volt Three 65' $16.756.74 $1.675,67 $18.432.41 gedwin CONFIDENTIAL pumps. !II C:?,ntract Holder INTERNAL USE ONLY Effective 5/1107 - 3/31/l2 $95753 $1r " GSP600SV - 4 600 HP 460 Vall ThreA 65' $17,55468 $1,675,61 $ .J-:: 8' $95753 I 1 GSP600SV - 6 60.0 HP 575 Volt Three 65' $17,554,68 $1.61061 ~,:" ,X~C ~~- $1,356 SO $~'(.' ' ,. f, 4: GSP900HV . 4 90,0 HP 460 Vall Three 6S $27,919.92 $1.83526 i~!'I 8' $ 1.:<5650 I $" GSP900HV - 6 90,0 H P 575 Volt lhree 65 $27,91992 $1,615,61 $",' $1,306 5(: $~' GSP900HH .4 9(:,Q HP 460 Volt Three 65' $2791997 $1,83526 $~5 6' $! ,351 5C ,I' GSP900HH . 6 90,Q HP 575 Volt Three 61:,' $27 919 9!! $1,615,67 Ct" $ i ,3565[, Ll', . < GSP900SV - 4 90,0 HP 460 Volt Ihree IS $27,91992 $1,835 26 1,1', 10' $1 ,?J5c .5(" t"" GSP900SV . 6 90,0 HP 575 Volt Three 65 $2791997 'GSP40SL-2HV 40 HP 230 Vall 3ingle 100' $3,271,55 3 'GSP40SL-2HH 4.0 HP 230 Vall Single 100' 1,3,510 94 GSP20SL-3 2 HP 230 Vall Thr8(~ 6c' $1.619 e,2 -' $~7;' .73 $478 n 3" GSP20SL-4 7 HP 460 Vall Thf~;t-:' 6~; $ i ,619P,~ $37l '3 $57053 GSP20SL-6 2 HP 575 Voll Three $1.6198: $9 i I (,j $57(,: ,53 GSP60SL-3HV 60 HP 230 Volt Three 100 $3,271 $997 43 $570.53 3 GSP60SL-4HV 6,0 HP 460 Volt Threp 100 $3,271 5,5 $99743 $57[' c,.' GSP60SL-6HV 6,0 HP 575 Volt lhree 100' $:J,771 5:'. $1 ,OJ! 32 '9 gedwin CONFIDENTIAL pumps. III ~9mracj: I;lolder INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 $570,53 $4.081.46 GSP60SL-3HH 6,0 HP 230 Volt Three 100' $3,510,94 $997.43 $4,508,36 $570,53 $4.081 .46 3" GSP60SL-4HH 6,0 HP 460 Volt Three 100' $3.510,94 $997.43 $4.508,36 $570,53 $4.081.46 GSP60SL-6HH 6,0 HP 575 Volt Three 100' $3,510,94 $1.03732 $4,548,26 $498]1 $4.097.42 3" .GSL30HV-2 3,0 HP 230 Volt Single 65' $3,598] 1 $837.84 $4.436,55 $797,94 $5.984,55 3" .GSL60HV-2 6,0 HP 230 Volt Single 65' $5,186,61 $1.236,81 $6,423.42 $446,85 $4,045,56 GSL35HV-3 3,5 HP 230 Volt Three 65' $3,598] 1 $997.43 $4,596,13 $446.85 $4,045,56 3" GSL35HV-4 3,5 HP 460 Volt Three 65' $3.598]1 $997.43 $4.596,13 $446.85 $4,045,56 GSL35HV-6 3,5 HP 575 Volt Three 65' $3,598] 1 $1.037,32 $4,636,03 $554,57 $5]41.18 GSL80SV-3 8,0 HP 230 Volt Three 65' $5,186,61 $997.43 $6,184,04 $446,85 $5,633.46 4" GSL80SV-4 8,0 HP 460 Volt Three 65' $5,186,61 $997.43 $6,184,04 $446.85 $5,633.46 GSL80SV-6 8,0 HP 575 Volt Three 65' $5.186,61 $1.037,32 $6,223,93 $554,57 $5]41.18 GSL80HV-3 8,0 HP 230 Volt Three 65' $5,186,61 $997.43 $6,184,04 $446.85 $5.633.46 3" GSL80HV-4 8,0 HP 460 Vall Three 65' $5,186,61 $997.43 $6,184.04 $446,85 $5,633.46 GSL80HV-6 8,0 HP 575 Volt Three 65' $5.18661 $1.037,32 $6,223.93 $55457 $5]41.18 GSL80HH-3 8,0 HP 230 Volt Three 65' $5,186,6 ] $997.43 $6,184,04 3" $446.85 $5,633.46 GSL80HH-4 8,0 HP 460 Volt Three 65' $5,186,61 $997.43 $6,184.04 GSL80H H-6 8,0 HP 575 Volt $5,186,61 $446,85 $5,633.46 Three 65' $1.037,32 $6,223,93 . GSL30 & GSL60 Require a Godwin Custom Control Panel for Operation, Panel must be purchased. 20 VI-CONSENT AGENDA .. CITY OF BOYNTON BEACH ITEM 8.9 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office I8l August 19, 2008 August 4,2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20,2008 (Noon) D September 16, 2008 September 2,2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15,2008 (Noon) D December 2, 2008 November 17,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM I8l Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Request to approve the Arts Commission's recommendation (Exhibit A) to purchase two sculptures from the Avenue of the Arts year long, on loan program for permanent display in the City. The sculpture, Rings of Promise by Penny Collins at a cost of $14,000.00 (reduced from $28,000.00) and Seahorse Fountain by Frank Varga at a cost of $20,000.00 would total a $34,000.00 purchase. In addition, the Arts Commission recommended approving an expenditure of $6,000.00 to construct a base with electric and water for the Seahorse Fountain. The Arts Commission based their recommendation on several criteria including: 1) Long term maintenance expense; 2) Artwork placement; 3) Budget climate and 4) Public votes (Exhibit B). EXPLANATION: The Avenue of the Arts program has allocated $50,000 out of the $100,000 Acquisition of Public Art funds to purchase artwork for permanent placement in the City. The Rings of Promise is recommended to stay at its current location on the pedestal in front of the Schoolhouse Children's Museum. The Library Board, Arts Commission and City staffagreed that the area outside the north side of the new Library was an ideal location for the Seahorse Fountain. The unfinished landscape area is proposed to be designed into a public courtyard. The artist will install the Seahorse Fountain on the base and fabricate it into a working fountain for which it was designed (Exhibit C). PROGRAM IMPACT: The artwork selected will contribute to the City's image and assist in the development for the "Town Square" planning. It will fulfill the Avenue of the Arts program objective to attract visitors to the City's downtown core, provide a showcase for emerging and international renowned artists, elicit social engagement and civic pride. The artwork that was selected received the top two public votes. FISCAL IMPACT: The Art in Public Places Program is funded from the 30% of the 1% fees collected on development and redevelopment projects as mandated in the Public Art Ordinance No. 07-002. The 2007/2008 Art in Public Places program is forecasted to collect a total of$139,093. Year-to-date a balance of$107,119 in fees has been collected. The cost for the two sculptures and a pedestal would be $40,000.00 and if approved will come from the Acquisition of Public Art account #151-2611-579-67-01. Attached is a 4-year Art in Public Places program revenue/expense document. The initial program investment is expected to sustain itself in budget year 2008/2009 (Exhibit D). ALTERNATIVES: To not approve the purchase of the two sculptures and one sculpture base for permanent placement. EXIDBIT "A" A TT ACHED: Arts Commission minutes. EXIDBIT "B" ATTACHED: Avenue of the Arts purchase criteria, public votes and comments. EXHIBIT "C" ATTACHED: Seahorse Fountain purchase specifications and proposed placement. EXHIBIT "D" A TT ACHED: Art in Public Places 4 year revenues/expense document. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 1 , " 'i) ~~ City Manager's Signature f ) _ Assistant to City Manager ~ 1 ubl/( /hJ- Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC Exhibit A Meeting Minutes Arts Commission Boynton Beach, Florida June 26, 2008 1. "Sailfish" by Frank Ledbetter 2. "Strech" by Claudia Jane Klein 3. ''The Summer of Our Discontent" by Patrick Cochran 4. "Mind Blossom" by Michael Sonntag S. "The Family" by Peter Otfinoski 6. ''Two Roads" by Dale Rogers 7. "Sirena" by Joseph Palumbo 8. "Opposing Forces" by Lisa and Phillip Trejo 9. "Jalepeno" by Gwen Tessier The three alternates selected were "Family" by Cobert Collins, "Seeking Wisdom" by Penny Collins, and "North Star" by Richard Beau Lieu. B. Seahorse Fountain Pedestal and Location Ms. Coles-Dobay distributed information provided by artist Frank Varga relating to the "Seahorse Fountain." At the last meeting, the members selected the "Seahorse Fountain," determining it worked well with the City's image, and was durable. The members felt the piece should be relocated to the library grounds. To that end, Ms. COles-Dobay conferred with Jeff Livergood, Director of Public Works, Craig Clark, Library Director, and others with regard to landscaping and areas surrounding the library. The intent was to create an intimate setting in a public space where the sculpture could be enjoyed. The addition of Live Oaks, Palm Trees and benches would further enhance the public space. The members were pleased with the rendering of the location provided by Ms. Coles-Dobay. Suggestions by members for added shading to the space would be discussed at a later date. Ms. Coles-Dobay noted the cost for the "Seahorse Fountain" was $20,000, and the base was estimated at $6,000. She requested a recommendation from the board to move forward with the purchase of the "Seahorse Fountain" and the base, and placement of the artwork on the library grounds. 3 Exhibit A Meeting Minutes Arts Commission Boynton Beach, Florida June 26, 2008 Motion Ms. Wolf moved to go ahead with the purchase of the "Seahorse," pay the $6,000 for the base, and for its location. Ms. Richman seconded the motion that passed unanimously. VIII. Opus 14 A. Maintenance and Purchase Recommendation Ms. Coles-Dobay provided artist Rick Beau Lieu's proposal for the purchase of "Opus 14" for placement at Oceanfront Park. A copy of the proposaf is on file in the City Clerk's office. The Arts Commission previously provided direction to negotiate the purchase of the sculpture and discussed durability and maintenance requirements. The board had previously recommended the artwork be inspected quarterly, waxed and covered with an epoxy coating. The preferred course of maintenance was waxing. Mr. Beau Lieu has agreed this should be done on a quarterly basis. Recreation and Parks would assign a person to wax the sculpture and would be taking over the maintenance as well. Insurance was estimated at $300 annually. If the members were in accord with the proposal, Ms. Coles-Dobay suggested a recommendation be made to move forward. Motion Ms. Moeller moved to purchase the "Opus 14" sculpture. Ms. Wolf seconded the motion that passed unanimously. IX. Development Projects A. Pantry Mural Ms. Coles-Dobay advised the project was brought to the Arts Commission on a voluntary basis. The Pantry is located at 206 S. Federal Highway. Gloria Bowden, the owner of the building, would be appearing before the CRA to request a commercial fa~ade improvement grant to add a mural and other enhancements to the front of the building. It was requested the Arts Commission review the concept and determine whether the cost to Ms. Bowden was favorable. Ms. Bowden selected the artist, Dana Donaty, who had also painted a mural on the Delray Camera Shop. The artist would paint the mural on "Signa bond" aluminum panels, using UV paints with a protective UV finish. A conceptual drawing was provided which featured a mini "Old Farm Store," TIki Hut, beach scene and brightly colored flowers. The members favored the concept and believed the price for the mural, $8,000, was excellent. 4 Exhibit A Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27, 2008 It was asked whether the percentage of fees for permits applied to residential as well as commercial development. Ms. Coles-Dobay advised the fees excluded single-family homes on infilllots. Ms. Coles-Dobay advised the 1% fee for Oceanfront Park was $21,000, rather than $2,100 as reflected in the report. The question was raised as to who would be responsible for leasing vacated buildings, and it was noted the owner of the building would be the individual who would lease the interior space. It was noted the members should be aware of the funding status prior to making recommendations, and that perhaps the reports prepared by Ms. Coles-Dobay should be provided monthly. Most of the members agreed quarterly reports would be more suitable. Recommendations could be made to the City Commission once the funding status was established. When recommendations were made to the City Commission, an agenda cover sheet was provided reflecting the accounts from which the funds were generated, and the cover sheet was signed by the City Manager, Rnance Department and Legal Department. VIII. Avenue of the Arts A. Recommendation to Purchase Avenue Artwork Items to be considered when making the recommendation included tax revenues, budget shortfalls, budget balancing and press reports. Public perception should also be considered. Residents were asked to vote for their favorite sculpture to assist the City in purchasing Avenue of the Arts artwork. Public perception was that taxpayer dollars were paying for the sculptures. Therefore, it was important the public be made aware that the Art Commission's funds were generated by the ordinance, and not the City's general fund. An article by Mitra Malek, staff writer for the Palm Beach Post, pointed out the development projects paid for the purchase of the artwork, and the City's Public Art ordinance required the collection of 10/0 on new construction, with 30% of those funds paid for programs such as Avenue of the Arts. Ms. Coles-Dobay noted one of the functions of the Avenue of the Arts program was to provide artwork on loan downtown which would generate visitors and stimulate revitalization. Artists participated in the Avenue of the Arts on-loan program, as they were aware the program would be purchasing some of the artwork. Knowing this, some of the artists reduced the price of their artwork. For example, Penny Collins reduced the price of Rings of Promise from $28,000 to $14,000. The artwork displayed on the avenue was also available for sale to the public, and 10% of the sales would be 5 Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27, 2008 paid into the program. Ms. CoIes-Dobay provided a chart which included information relating to the artists, artwork, the public voting results and maintenance requirements. Other considerations included permanent placement of the artwork and the timing of the recommendations to the City Commission. It was noted the 2007/2008 budget reflected a negative balance of $27,000; however the $116,000 allotted for expenses included the $50,000 to purchase the artwork. The program was not required to spend the entire $50,000. It was stressed the City Commission was mindful that the program was new and as such, would not always reflect a negative balance, especially in light of the anticipated projects. Discussion ensued regarding the artwork submissions. Board members were impressed with Frank Varga's Seahorse Fountain, $20,000 (which included making the sculpture into a fountain), and felt it should be relocated in front of the library. Additional costs for plumbing and a concrete pad would be necessary to relocate Seahorse Fountain. Ms. Coles-Dobay would ascertain the additional costs and bring this information back to the board. She also noted if the members wished to go forward with the purchase and relocation, approval would be necessary from the Library Board. The members were also impressed with Penny Collins' Rings of Promise ($14,000), but believed the Seahorse Fountain was more in keeping with the Boynton Beach theme. Chair Ready noted the board could recommend the purchase of both pieces, which would total $34,000. If purchased, there was consensus for Rings of Promise to remain at its current location. It was suggested to include in the board's recommendation to the City Commission an acknowledgement that as the purchase fell within the budgeted amount but exceeded the amount currently in the AIPP account, the board would like to recommend the purchases if the Commission was willing to advance monies for the project. Motion Ms. Arflin moved that the board include in their recommendation to the City Commission the verbiage that the purchase falls within the budgeted amount but exceeds the money currently in the AIPP account, and if the Commission was going to advance monies for this project, the board would like to recommend the purchase of Seahorse Fountain and Rings of Promise. Ms. Wolf seconded the motion that passed unanimously. Motion Ms. Wolf moved that, as Rings of Promise was already in place, the members liked the piece, and received favorable reviews from residents, the board go ahead with the 6 Exhibit A 'Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27,2008 .- ... - __'. _.....--........."",:tiE~';.- purchase of Rings of Promise and leave it in its current iocation. Ms. Lentz seconded the motion that passed unanimously. Motion Ms. Richman moved that negotiations be opened to acquire Seahorse Fountain and if possible, that it be moved to the Library area upon approval of the Library Board, and to find out what it would cost to move it, as well as the costs for the pad and installation. Mr. Slocombe seconded the motion that passed unanimously B. Selection of New Avenue Artwork for 2008! 2009 This item was postponed to a future meeting. IX. AIPP'Master Pian Detail Discussion A. Public Art Sectors Ms. Coles-Dobay Roted this item was continued from the last meeting. She prepared a chart identifying with an "X" Public Art opportunities in various sectors of the City that were designated at the last meeting. The checkmarks indicated areas where Public Art was planned or already existed. The Federal Highway corridor was identified as northern and southern City boundaries, and touched upon the different cultures, history, and hidden jewels. Jaycee Park would include interpretative Public Art markers which, through site interpretation and planning, would create a holistic experience that would inspire visitors to understand estuary ecology and its connection to the Gulf Stream ecosystem and Boynton Beach's fishing and cultural heritage. The information provided would set the stage for areas to be considered in the master planning. It was determined Seahorse Fountain and Rings of Promise were relevant to the Town Square sector. Members suggested focusing on identifying areas ror speCific iocations for t'1e pieces and then prioritizing, beginning with areas already established, such as the area in front of the Schoolhouse ChiidrenlsMuseum and Town Square. Chair Ready noted that Town Square was within reach, as RFPs and RFQs were going to be solicited. It was suggested something be done with the amphitheater, which could serve as a forma! sculpture and tied into a cultural canidar recommended by EDAW. p..s part of the project, the developer would be required to pay a 1 % fee, which could help pay for the amphitheater and turn it into Public Art. The members aoreed Town Center was within reach and the most loalcal Diace for - - , de\ie!Oprnent to be.grn. r't-.t".--n!\ _. n __....4 ...k..::::::r; --.-\__! ! t~ . '. r" 0" ~ _ . r' . ~~:::Ol t r-..ve. Hlc. Cl'i'oJ \,.t~""; rcu~!~! !"1!gn\^.:ay ,-orr~aor L.ouro a:so De 7 Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27, 2008 considered. It was also suggestedt in addition to Public Art, educational components and public events be considered. A kinetic art event would be suitable for the Federal Highway Corridor and possibly, the Renaissance. Further discussion would continue on this item. B. Plan Workshop date, Saturday, June 14, 2008, 10:00 a.m.-2:00 p.m. There was consensus to hold the meeting on Saturday, June 14, 2008 from 10:00 to 2:00 p.m. X. Unfinished Business A. Opus 14 Maintenance and Purchase - June 26, 2008 Ms. Coles-Dobay distributed information provided by Rick Beau Lieu relating to the Opus 14 Sea Turtle sculpturet including maintenance requirements. Ms. Coles-Dobay would also obtain the opinion of a conseNator regarding the proposed maintenance and provide this information at the next meeting. B. Arts Commission Duties and Responsibilities Update - June 26,2008 This would be discussed at the June 26, 2008 meeting. XII. New Business None. Adjournment There being no further business to discusst the meeting properly adjourned at 8:42 p.m. ') . f)l ~~ Stepha Ie D. Kahn - Recording Secretary 061808 8 /' m >< ~ -. C' ::+ m "Seahorse Fountain" by Frank Varga "Rings of Promise" by Penny Collins NW corner of Library In unfinished landscaped area Schoolhouse Children's Museum (currently on pedestal at NE 4th and East Ocean Ave.) Exhibit 8 ,---- ---- .~._---- -.... - - ___ ._____.._w_ ._-~-- . - ---------------- --- - - ---- -------.----- .----- IAvenue of the Arts - Purchase criteria .._-- ----- --- --- ------------ ---------- Artwork Size & Location & PUBLIC maintenance Artists Name Name Wei,aht base size material Value Base VOTES Penny Collins Children's Collins Studio Schoolhouse Museum 24.5" 879 Rambling Dr Circle Rings of Promise 8' x 4.75' x 129 E. Ocean Ave. 2008 $2&;OOG bronzeplate Two times a year wipe off sculpture and spray with good clear iacquer, Wellington, FL 33414 " A commitment to 3.75' Existing pedalstal gold silica bronze $14,000 3/8"thick 4- 15 4 man hours, Approximately $150.00 per cleaning $300.00 yearly, 793-3182 793 8685 fax one another" 500tbs 2" holes for cell 281-3847 Large pad bolts corbert@bellsouth.net 6'square x 6" thick City Hall 28" diameter Wave Factor stainless Cobert captured the 9' x 3' x 3', 100 Boynton Bch Blvd. 1986 316L Stainless $+8;OOG steel plate Clean sculpture, lightly sand then spray with good clear lacquer spray Cobert Collins movements of the 300tbs East of City marque & steel bronze $10,000 5/8"thick 4- 4 paint 2 times a year. Estimated 16 man hours. Approximate cost $ beautiful ocean Large pad 2" holes for 300.00 each time $600.00 yearly. 6'square x 30' thick bolts Claudia Jane Klein Eve would need to be cleaned and re waxed every year with a 426 North 0 street, 24.25" square very special wax that has UV and environmental protectorates. It Lake Worth FL 33460 306 Ocean Ave. steel plate 1/4" would lake a couple of hours, Claudia would do the maintenance for Eve East side of right of the cost of the wax and my time abC'ut $350. If this is done there should 5822425 F547 0509 " Balanced within 8'x2.5'x1 ' way to apartment 2004 welded steel $12,000.00 thick with 4 5 not be a need for any major work. Existing finish should be fine for at 319-5303 cell the Universe" 300lbs driveway Large pad 1/2" holes least 15 years. Any repairs at a minimum cost The sculpture claudiajaneklein@ 6'square x 30" thick 2.75" from can live indefinitely well maintained and free of rust. The best time to bellsouth.net each comer schedule the work is after hurricane season and into Nov, claudiajaneklein.com Tom Brewitz ComerMark Gyra Marina Entrance 2835 Sterling Ave So., "Inspired by a 110NE6thSt ~ ! 22' diameter Artist would clean the sculpture and put an automative clear coat. Newport, MN 5119 musical jazz 12' x 6' x 2' grassy area near 2004 kinetic stainiess , I steel base 3 Artist recommends that this should suffice for the life of the sculpture 651-458-6893 group's rhythm and 250lbs sidewalk steel $15,000 I 4-112' holro but the artwork should be examined periodically and apply the clear 651-253-3699 cell Large pad coat spray bi-annually. tbrewitz@comermark. motion. 6'square x 30' thick Com f Beth Ravitz - 2007 three Powder 1/4" Powder Coated Aluminum, powder coated DOT pole. f:ach cat is 11831 Highland PL, Feline Foliage 135 E. Ocean Ave coated 1/4" aluminum attached to an aluminum tube by a bolt. The nut is to be spot weldEid Coral Springs,FL 33071 A whimsical feline 12' x 8' x6' west of 1st Ave & cats bolted to 6" dia ~ 2' x 2' 1/2" on site if sculpture is purchased. (Currently the nut is secured by a 954-701-2118 Tree Sculpture for 400lbs Ocean galvanized 8'h pole $10,000 Steel wI 4 6 silicone coating) Each aluminum tube fits into a sleeve welded to the bethravitz@aol.com cat lovers" . small pad by 1/2" wrought iron holes base "tree trunk" of the sculpture. The tube and sleeve are secured by www.bethravitz.com 6'square x 16" thick metal "branches". a thief proof screw. Two of these are screwed into each of the 3 Steve DiLeonardo Veteran's Park sleeves.. Powder coating should last 10-15 years before it needs to 4036 Floral Drive, Fire & Rain 100 NE4th St. 2006 Aluminum be re-done. If the colors appear dull, the animals should be washed Boynton Beach, FL The flame comes up 6'x 2' x1' grass in between coated with acrylic $a;4OO 3/16" with a sponge and the same cleaning agents used to clean a car. w/base urethane on powder aluminum plate 4 -"~""-"--"----"....--.._-------.....-----_...------_............---......---...-.. 33436 into a raindrop bench and flagpole $2,900 572-5402 shape 100lbs Large pad coated aluminum 16" x 24" Clean with soap and water every six months, apply 740 4950 fax 6'square x 30" thick base Carnuba wax approximately 1/2 hour man hours $7.00 for a 10 vear suoolv. Genevieve Steel P.O. BOX 531432 412 Ocean Ave. Watersteel is fabricated in steel. The beauty of this is that there is little Lake Park, FL 33403 6.5'x 3' x Right of way in front of $e,OOQ maintenance. It will patina over time into a deep, rust, burgundy, color. ceIl561.667.4202 fax Water Steel 2.5' Robin's Nest 2007 rusted steel $1,000 3 The maintenance I recommend, is maintaining the mounting and bolts, 925.666.4202 200lbs Large pad -$500 that secure the sculpture to meet hazardous winds; as well as a yearly dragonwaterproduction 6'square x 30' thick $500 cleaning, with water, dove soap, and a wet rag, to remove dust, bug s@yahoo.com remains, etc. Frank Varga $20,000 a) On-going maintenance of artwork: The sculpture should be waxed Varga Studio 480 E. Ocean Ave. once per year. Estimated labor one hour. Materials cost $5.00 for a 296 NE 6th Ave, Delray Pedalstal on 1997 Caste bronze, includes 24" diameter can of wax. Beach, FL 33483 seahorse fountain 6' x 3' x 3' Ocean & 4th Can be made into a costs to b) Cost of anticipated replacement parts and average lifetime: No 200lbs 1/4" bronze 45 704 1199 Large pad fountain. make It into plate replacement parts. Lifetime 50+ years stevesokoI1@bellsouth. 6'square x 6" tick an operating c) No anticipated major maintenance. net fountain Richard Beau Lieu City Hall Boynton Beach, FL 100 Boynton Bch Blvd. beaulieustudios Chambered 7'x 6.75' x Seacrest side in 2006 $le;GOO 25" diameter Washed with soap and water yearly. Coat with UV wax developed by 2' @aol.com Nautilus landscaping Painted Welded Steel $10,000 3/4" steel 5 Ron Young, Escondito, CA called Sculpt Nouveau. This material costs www.artmajeur.cOml 4001bs. Small pad $60.00 per gal that will last up to 4 years and services many sculptors57 6'square x 18" thick applications depending upon sculpture surface area. It's a superior Richard Beau Lieu Civic Center protection barrier that far surpasses anything on the market today. Boynton Beach, FL 128 E. Ocean Ave. Painted sculptures would have to be repainted every 6-8 years. beaulieustudios 6.5'x 3.33'x Landscaping east of 2002 $15,000 20" x 20" 1/2" Painting can be easily o\done on site in a few hours time. Beau Lieu Luna Tuna 2' sculpture studio will repaint the piece for $400.00 includes materials @aol.com entryway Painted Welded Steel Not for sale steel 2 www.artmajeur.coml 2501bs. Small pad and labor. sculotors57 6'souare x 16' thick (ti;J7 C.r:t~1f- p#A-f:, V~tfy:J~ ~ EJthibitB (?,7tJL~ ~ A'tJ~vI(;U'f ff /' . . ..' ~ f //*-JZ. ~C?=:fJ /cYr::tc;2..L) dr I k ;.4- .> #r ?c::~~~ ?'i . I~// Q ~{~ ? A/t'~ ~/r ~c?~~ . 7hp/ /~pc&. JP~~ ~~- J3/7/~<?~ ~r (~~~a/ A-a~~) :r R~ j?~~~ ~ ~/~7 ;:J /5 -ry/f' ~ ~7,. 1- ~e-Z-I ~ t/dj/ /~ /~r~Y /"u ~ ) T/ ~ L-rpe. ~PJ? /~#~/ . X ~~~p/~ ~~, ~/H1lP~r ~// .' y /e- ~r /p ra4! //l,k~. ?y~/P ( -vtA!::-. j;r/-e. ~ /;:; ~~~dI/ ;ifrfi k 'rvt.. f/ ~~ ~ c7 ~ F'?/ ~fl ~/.A 7c4~6-C:; , ~~. ~ ~ft4~-0-- ~e ~. #~ .-:::r:: . tV'~r' J- /3r- 2-CJd cP- ~ll;dO; fil:Cr2/tleo '(~ / S /)0(( Cf' /(;0 rflff /i(/I-/{; :t A/(f;(/O&(C /F ~/(/r.& D c; ~ . er'7( IT/tl( r!1!/'"Ck.pP 17 d 41. 1" ?)4PE- I/u ~j/( 6;fJ(, 6 F jcJ C1 / PloTS .......-:- ;?Efi P .to 1ile ffRiP1/#b / (v ~lIf .. 6J"/p S -r447 :i rJf;4{/f ~fJc(/!'cte(J. 'lute/f t4-(f'l/dLJ f{A-~I!.~f-t Jl)/lJ /.~ ~:;:?(JI(/.3/~/f RfL //-115 , -tlI-f(!P (/j /JcJ ( ;U CcJ f1 (?~ 7e (Ue e;. py'C t{ s (' .---". Nf2- L/t (~ K//'U j) d r-: II/(',j f1. PI" 7<:, t/c ~. :1 F T/j'{' i - T C4- /Jf1 ~f?1 /r ff(r-)f~ ?!e r r /If 11 cJ q r 0 F ftt/3Ct'C se/C{/rCf. hlf 1(#/'( {? j/~c{c("~ J?;L I c: C(' (! f' S I 'Iv a t{ (l, ~ (/(1 e- /./ 110 1./ 1 ,. .7 F ~ 04S () ,1/ e of -r /f~ r e:. A It r (! d J,/7 tr r' p q 7 ~ r€ :) ( ::r l.U d {;fC () '1se G0(( ~~~P. /u!f4-7 iJ/S' C(2;;cf -- Se ;0 p 0 ~1 7 d- :1../ ~L(cl-f ;t- Ree for Ctet4P pf1-r' ~ ? /IJ ~ \v ( ';'f , , Ci? Joe /0 (' ?,<:f- f ~ to Y r#{/-(, ~Di~P~?'cX fC( -:5> ..(2 <f Exhibit 8 April 24 Sherman. he seems to be putting promotional and Nancy Mato [nmato@fourarts.org] presentations together and thought he might be of help t'" Of the sculptures shown, I prefer Seahorse and you in some projects.. I also gave him Rick's name and might be able to help promote his gallery, Gyro. Claudia Thank you, Stan and Barbara Cook would like to submit our vote for Nancy Mato Frank Varga's Seahorse exhibit No 8. Thank you. Barbara Cook Executive Vice President The Society of the Four Arts HI Deb, 2 Four Arts Plaza Palm Beach, FL 33480 Winner: I vote for #6 Klein Ph: 561-655-7227 Fax: 561-655-7233 Runner Up: #8 Varga Sharon Koskoff I am listing the following votes in orders one Home Studio 561 276-9925 through three.... Cell 561 699-7899 1. Rings of Promise BySharon.com ArtDecoPB.org 2. Eve 3. Fire and Rain We vote for Rick Beau Lieu's #2 Hope this helps.. Sculpture as our favorite. Thanks, The decision was not an easy one ALL Heidi Lindquist the sculptures are wonderful. h Iivesay@bellsouth.net vote: Gloria & Harry Waldman Rick Beau Lieu's "Chambered Nautilus" tickles Ffi Deb. my brain. Steve [ l.Jote for # 3. . . q( COUl:fe it ~f the mo.l,+ nussdos@yahoo.com i!."Pensive. . . S017J'/ Hey, I wanna vote for the avenue of the arts. Ka tlH , Biscuiti -- -.' First place: Luna Tuna eRA Special Events ililanur.;er . ' :; 6 J - "7 ~ 7 _ ~J:; 6 ,not ; I "l ,"-,- _ _ ,....1 i ~_'*'-. <oi--...~':'. ,_ '" ~ Thanks, now I feel better. f :;6 t_ "7?7_ij~~ J...... 1 " ~j I ..... _ _- ( Suzette ' . ::; 61-44 :; - ~H) '77;, ~ <lO ....' . ",-' _ ,...-"" \\7W\V: bovntonbeachcra.com Hi Debby Just got this from Rick. Weill have to vote for myself as I would love to sell Eve..... ,even though I like Rick's From: RiversJ @ci.boynton-beach.fl.us work........1 also want to thank you for coming to the Subject: Love the cats! and the kinetic om. Opening night. It sure was some event......... something like getting pie in the face.!1 did meet a photographer that on Ocean Ave shoots for the Wellington life style magazine. Ray 1 Date: May 6, 20083:49:39 PM EDT Unfortunately the most expensive, but I think it's -he rings of promise piece is my favorite. symmetry allows the versitility for placement at many locations downtown, and it being more realistic and Gorgeous! simplistic than abstract, with the right amount of detail, contributes to the active environment with more Thanks for all your help and insight this motorists passing than pedestrians right now in most locations downtown. I tend to lean toward more morning. abstract art with formal geometric shapes (such as Chambered Nautilus) but the "Rings" meets the criteria mentioned above. Mike RumpfM @ci. boynton-beach. fl.us Subject: My vote for Art - Rings of Promise Respectfully, My vote is for Luna Tuna.. Stephanie H. Slater Craig B. Clark, Library Director Public Information Officer Boynton Beach Police Department Office of Media Boynton Beach City Library Relations 208 S. Seacrest Blvd. 561.742.6191 office Boynton Beach, FL 33435 561.436.4806 cell (561) 742-6380 (v) Debby, (561) 742-6381 (fax) From: WileyC@ci. boynton-beach. fl. us I vote for the Rings of Promise Subject: Art sculpture! Date: May 11, 2008 4:59:45 PM EDT To: colesdobayd@cLboynton-beach.fl.us Thanks, I do not think any more art should be purchased. 1(atli{een Zeit{er, City PCanner Debby, Office: (561)742-6263 While they are all awesome and have truly Pa~' (561)742-6259 helped make Boynton Beach a more zeit{erk @ci. 6o-vnton-6eacli:f[ us interesting and fun place to be, I vote for Rings of Promise. This was my favorite from the first time I saw it. I love what it stands for Feline Foliage - This is the perfect artwork for in front of - can you tell I'm a romantic at heart?? the Museum. Joyce Coste[Co You have done an amazing job in educating }1.dministrative )1ssistant everyone and helping to make the City more City of CBoynton <Beach beautiful - I'm glad you hung in there! :;ity ?vtanager's Office Here's funny story... I was doing a walk- 561-142-6013 through for final inspection of our FEMA 561-142-6011)"az grant for hurricane window coverings at City costeffoj@ci. Goynton-Geac!i.f[ us Hall a few weeks ago, and as I was showing 2 Exhibit B the inspector around the West Wing, I came I vote for "Rings of Promise"" around the SW corner and "POP" out of nowhere was the Chambered Nautilus! We both were surprised - I have driven by that Sherry l. Miller area and never noticed it -always too busy Human Resources i\naiyst thinking about where I'm headed. It's good City of Boynton Beacr: to slow down and walk sometimes so we Ph ~. ~ ,...... -0 V" 1"'270 can drink in all you have given us. I ant:. ~o i-I L.rc:-o f r- ~rc~ -4'-' '"'''74 rax: bo ! -I ~-b~ /. Thanks, Email: millers@ci.boynton- Debbie beach. fl. us I ';:' · , ,IL':..-L";C L'(;7?lVI()er' tIlE:' ('l711I!'YJJ711?C-'l7f /)(}T(}!'\.; c'"}....i;71,f"'1cT t/"'r/c ',}ll-1L!~'l f}t" .'l!I~' /f1+:(/-/-7111<"I,17t',' From: CrawfordCh @ci. boynton-beach. fl. us .,I,...l-i _, .,J~.l ,__" t 'ilL '_" L. ,t ......1 ,_I <:.....-1L :~t!~~;'.i,; Subject: This one gets my vote. Debbie Majors, CPRP Date: May 7, 2008 10:33:48 AM EDT City of Boynton Beach To: DobayD @ci. boynton-beach.fl. us P.O. Box 310 Boynton Beach, FL 33435 (561) 742-6241 voice (561) 742-6238 fax mal orsd0>ci. bovnton-beach.f1. us - Member, American Association of Grant Professionals Debby, I would like to vote for the Rings of Promise artwork #3 in front of the Children's Schoolhouse Museum. Sharyn M. Goebelt, IPMA-CP Human Resources Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Phone: 561 742-6277 Fax: 561 742- 6274 3 From: miss dumas04@yahoo.com From: stcook@mindspring.com Subject: Avenue of the Arts Subject: APP vote Date: May 9,200812:20:35 PM EDT Date: May 11,2008 11 :19:17 AM EDT To: colesdobayd @ci.boynton-beach.fl. us To: colesdobayd@cLboynton-beach.fl.us \My vote is for "Ring of Promise" by Penny I vote for "Water Steel" by Collins. Genevieve Steel. From: trac8198@bellsouth.net From: JOWELDO@aol.com Subject: vote for arts Subject: Public Art Vote Date: May 9, 2008 10:43:53 PM EDT Date: May 11,20084:53:33 PM EDT To: colesdobayd @ci. boynton-beach .fl. us To: colesdobayd @ci.boynton-beach.fl. us Reply-To: trac8198@bellsouth.net Hello, I cast one vote for Frank Varga's Seahorse Fountain. Thank you for all the wonderful art work Bill Weld on display in our beautiful city. Boynton Beach I have two favorites: "Fire & Rain" and From: sg6183@yahoo.com "Wave Factor". Subject: avenue of the arts Thank you, Date: May 12, 2008 5:58:59 PM EDT Kerstin Tracy I vote for the "seahourse fountain" from: mattgnyc@aol.com Sandie Subject: public art Feline Foliage & Seahorse Fountain. Date: May 11,20088:47:30 AM EDT Helena G. Fallon Hello - I rec'd your flyer in the mail with my 146 SE 7th Ave., Boynton Beach,FL water bill. It inquired about our perception of 33435 the public art and, specifically, whether it inspired us. The short answer is, "no". These Debby Coles-Dobay, steel, modem art monstrosities are ugly. I'm all for public art, but how about exotic plants, My mom, Mary Delaney wished to gardens or something truly beautiful like that? There is no better "artist" than Mother Nature Vote for #1, Wave Factor, and to and., honest to God, who really enjoys these invite you and other members of metal "modem" sculptures? They look like a car the City to this reception as wreck turned upside down. Yecch! well as the exhibit. Thank you! Thanks for the opportunity for feedback @ '-1att Gilbert 4 Exhibit B From: linwir@bellsouth.net most treasured asset (the beach) AND Rings of Promise Subject: Favorite Sculpture in Boynton -- as a reminder that Date: May 13, 20089:30:31 AM EDT it is our people who must help each other rise to the challenge to keep the I would love to vote for the gorgeous Seahorse circle of life turning. Fountain Sculpture by artist Frank Varga in Hopefully these thoughts have inspired whatever judges Boynton Beach. That sculpture really gives you are bringing their the feeling of Florida. The other modern wisdom to bear on this opportunity. sculptures are great also. Thanks kindly, Anyone can do modern. Can't wait to see the Sigrid new sculptures. Thanks p.s., Last fall, I actually saw my first seahorse in the 12 -- years I've been Linda and Ron Wiringer here -- in 5 feet of water at the south end of Gulfstream :) WOW! Mona Vie will allow you to Magnificent! GET HEALTHY & GET WEALTHY linwir@be/lsouth.net sigrid grimm@nccLcom www. mymonavie. com/anti aging powers NCCI Holdings, Inc., 901 Peninsula Corporate Circle, Boca Raton, Florida From: Sigrid Grimm@NCCI.COM 33487(561)893-2054 Subject: vote on Avenue of the Arts pieces From: borlier@bellsouth.net Date: May 14, 2008 7:55:55 AM EDT Subject: Art in Public Places Vote Date: May 13, 2008 8:39:58 PM EDT Hi! I want to place my vote for # 2 Boynton Beach has something sooooo special. You can't Chambered Nautilus Thanks, even get it way down in the Keys. It has LIFE on the ROCKS. Ruth Sorlie No, it's not a fancy drink. It an amazing magical world of natural wonder John Bradey starting in KNEE DEEP water just offshore! The rocks offshore Boynton Sun sentinel article Beach, from the inlet down to almost Delray have vote for seahorse sculpture, frank Varga. magnificent biodiversity -- coral, plants, fish, crustaceans... Amazing displays of From: linwir@bellsouth.net vivid color and life right there in crystal clear water. So close to shore a Subject: Seahorse fountain little kid can Date: May 14, 2008 9:21 :30 AM EDT see it and be amazed. This magic abruptly disappears Ron Wiringer would like to vote for the Seahorse when you get to Delray Fountain by Frank Varga Beach and anywhere further south along the shore. Nothing but raw rock with I am voting for the Seahorse Fountain algae or dead remnants of life there. What Boynton has is special, unique Sculpture by artist Frank Varga. and warrants stubborn and steadfast protection. I1nrZrsdtf' rr'mllgl'l' It is for this reason that my vote goes to both the Donald K. Porges. CPA. LLC 1880 N. Congress Ave. Suite 215 Seahorse Fountain -- as Boynton Beach, FL 33426 a reminder of what precious and fragile gift we have in the Phone (561) 737-5568 shallows of our Fax (561) 737-5569 5 From: Ppubbaa@aol.com On May 15, 2008, at 8:33 AM, <Shellaiean@aol.com> 1ubject: Vote wrote: Hello Debby, Date: May 13, 20089:11 :59 PM EDT Hi Debbie, I don't envy your job at all. After seeing on the I really like the Seahorse news and hearing the city complain of lack of money to run this town it behooves me as to Fountain-Location 8. why in Gods green earth would any town want This is a great idea for to spend tax payers dollars on out door "art" work. That is such a waste of money. beautifying Boynton Beach. Keep up the good work. Don't get me wrong because I do enjoy art. But looking at these sculptures scattered around Patty town...art is not a word I would use in most cases. My other thought is an artist should be inspired to DONATE their works so all can see From: drrobertlawrence@yahoo.com what they consider to be art and if the city Subject: art work in boynton beach wanted to do anything it would be to MAYBE put Date: May 14, 2008 1 :57:29 PM EDT a plaque at the base of the art stating the name I would like to see art work-(drawings) on it has been given and credit to the buildlings that are unattractive in boynton artist...PERIOD!!! To spend tax dollars to beach. purchase this stuff...1 don't think so scooter! example- Boynton post office on Seacrest blvd. In myoid home town in order to save money they allowed the high school art classes to paint diane lawrence hydrants, garbage cans, benches, the sides of blighted buildings with beautiful works of FREE Debby, art. The whole city just popped in color and affordable art. Hummm....did this city even I'd like to cast a vote for the Seahorse think about doing something like that??? I just Fountain Sculpture by Frank Varga, please! wonder? Thanks! I know the city keeps stating that the CRA is a separate entity but when it's run by our Mayor From: KBell@theitem.com and commissioners it's not that separate than Subject: Vote this city at all. The rate of money that the CRA Date: May 15, 2008 11 :26:04 AM EDT is blowing through is mind blowing!!!!!!!! One of the biggest waste of money is that stupid trolley! Ken Bell Does the city not know that there is a bus service already and taxi services as well???? City Editor The Item Doesn't the city know that it's SLOW season 20 N. Magnolia St. and to see these trolleys all over town, most of Sumter, SC 29150 them empty and watching the gas just being Phone (803) 774-1225 burned up...insurance cost, employee pay all being wasted is enough to make most of city tax payers us sick to our stomachs! ESPECIALLY when we are being told stories of OH POOR BOYNTON...not having enough money for 6 Exhibit B services so they need to raise taxes and cut From: innetl@bellsouth.net services. Subject: Voting for Art Date: May 15, 20088:13:32 PM EDT Has President Bush had private meetings with #l--Chambered Nautilus the Mayor on how to run a town in the #2--Wave Factor ground...since the President has done such a #3--Seahorse Fountain find job with running this country in the ground?? Oh GOD please say NO! But it From: gina0428@bellsouth.net makes a person wonder just who is being a Subject: Vote - Art in Public Places leader for this town and who is really RUNNING Date: May 17, 2008 9:34:13 AM EDT this city into the GROUND! I can't wait for the I would like to cast my vote for Feline day when this current Mayor is gone...he has not done a service to this city and to have him Foliage. as the head of the CRA is just another example as to no checks and balances being in place Georgina Johnson and a city run amok!! ENOUGH ALL READY! 1306 S. W. 24 Street Please share my letter with who ever needs to Boynton Beach, FL 33426 know how MANY of us city residence feel. From: bird mike@comcast.net We've had enough of this Mayor and all the stupid approvals for the over building and the Subject: Vote bust of this real estate market and depressed Date: May 17, 20089:03:31 AM EDT city economy. If you keep running people out Debby of a town because they can't afford to live Please accept this vote for number 8 the seahorse here then finances go down...DUH....basic foundation, math, it's just BASIC MATH! regards Very sad city home owner....if I could sell....I'd Mike & Barbara Bird be gone too, From: innetl@bellsouth.net Sheila O'Brien Subject: Voting for Art Date: May 15, 20088:13:32 PM EDT From: wstephen@fau.edu #l--Chambered Nautilus Subject: Vote for Art #2--Wave Factor Date: May 15, 20083:07:56 PM EDT #3--Seahorse Fountain I'd like to vote for the Sea horse Fountain Wendy Stephens Boynton Beach, FL From: BARKOLT@aol.com Subject: Sculpture Date: May 16, 20083:28:59 PM EDT I wish to vote for "Seahorse Fountain Sculpture by Frank Varga" Thank you. Henrietta Rosner 7 From: desgallant@yahoo.com vote. Whichever sculpture wins will be an asset ,ubject: Vote for Art in Public Places to and enhancement for the city. Date: May 16, 2008 9:03:48 PM EDT Bill Orlove, vice chair Dear Debby, Boynton Beach Park and Recreation Advisory Board work - 242-6633. Let me start by thanking you and everyone involved From: julilarock@bellsouth.net in the Arts in Public Places for having the foresight Subject: My favorite(s) and wisdom to recognize the benefits art serves a Date: May 17, 20087:35:09 PM EDT community. To: colesdobayd@ci.boynton-beach.fl. us Reply-To: julilarock@bellsouth.net My votes are: 1 st choice: Wave Factor by Colbert Collins Hi there! 2nd choice: Seahorse Fountain by Frank Varga Spent a fun little while taking a tour of the artwork--some 3rd choice: Gyra by Tom Brewitz of which I 4th choice: Rings of Promise by Penny Collins have seen numerous times due to the businesses I frequent on I would like to just make you aware of the fact that Ocean Avenue. our "Does Public Art Inspire You?" page that brought My favorites are: my attention to this chance to vote for a work, didn't 'ctually arrive in the mail until today. Given that it Rings of Promise asks for our vote by May 19th, that only left us three Seahorse Fountain Water Steel days to do this. I was lucky that I was able to do so in the time allowed. However, I would suggest that, Also noticed a painted dumpster along the way today--it in the future, one or two weeks notice would be more looked just likely to garner many more responses. fine and brightened up the immediate area. Thanks! Sincerely, Julianne Des Gallant From: erikadeblasi@mac.com 1721 Stonehaven Drive, #6 Subject: Vote for Eve sculpture Boynton Beach, FL 33436 Date: May 17, 2008 10:29:30 PM EDT I'd like to vote for the Eve sculpture. From: wholko@comcast.net Thanks! Subject: Avenue of Arts Vote Erika Date: May 16, 2008 10:36:44 PM EDT Erika Rains DeBlasi Debby: President My favorite artwork (although I had a few) is the Rains Design Group Seahorse Fountain for the "Avenue of the Arts" 245 SW 9th Ave culpture vote. Boynton Beach, FL 33435 I applaud the Arts Commission for creating this Tel: 561-573-5464 project and giving the citizens an opportunity to Fax: 866-672-7953 8 Exhibit B From: cdrbrown@earthlink.net Seahorse sculpture, because it represents Subject: Vote for public art Boynton Beach's seaside town. Date: May 17, 2008 11 :32:41 PM EDT To: colesdobayd@ci.boynton-beach.fl.us Doris Sewak Reply-To: cdrbrown@earthlink.net 2884 Begnia Ct., Delray Beach, FL 33445 Dear Ms. Coles-Dobay: d ms 1 03 5(Ci)hotma il. com First of all, I am impressed that you seeking public opinion on the art work proposed for public display. I tried going to the website, but was unable to open it for some reason. My wife From: WT Jordan@aol.com and I both like and highly recommed number 8; I hope that counts as 2 votes. I trust we are not too late to vote, and thank Subject: Vote for the Arts you again for letting us a voice in the selection process. Date: May 20, 2008 1 :28:42 PM EDT We wish you continued success, To: colesdobayd@ci.boynton-beach.fl.us Cc: taylorj@ci.boynton-beach.fl.us, Sincerely, Weiland R @ci.boynton-beach.fl.us, hayw@ci. boynton-beach. fl. us, Ron & Alice Brown Rod riguezJ@ci. boynton-beach. fl. us, cdrbrown@earthlink.net rossm @ci. boynton-beach. fl. us, EarthLink Revolves Around You. bressnerk@ci.boynton-beach.fl.us From: BeaulieuStudios@aol.com Debby, Subject: voting How incredible it is that our city government has Date: May 18, 2008 12:16:31 PM EDT chosen to WASTE MY MONEY on: 1. Employing a Public Art Administrator I would like to vote for Eve at location # 6. Thanks 2, Conducting a survey on the money they have already wasted on Public Art 3. Considering purchasing more art at MY expense, From: Katebecker2@aol.com 4. etc., etc., etc, Subject: My vote for my favorite artwork... When our city is rapidly becoming the gang/murder/drive- Date: May 18, 20085:39:40 PM EDT by shootings capital of South Florida, I vote for the Seahorse Fountain on the SW corner of Ocean Ave and 8th Street. With the current crime rate in Boynton Beach. is this really the best use of our limited resources? Thank You, Kate Becker Perhaps instead of having a Public Art Administrator, we 216 SW 14th Street should have a "Gang Prevention Administrator" Boynton Beach, FI 3342 PLEASE ,.., PLEASE .... PLEASE .." PLEASE PLEASE, "PLEASE " PLEASE .." PLEASE From: Becker1 usn@aol.com GET YOUR PRIORITIES STRAIGHT !!!I Subject: Seahorse Fountain Date: May 18, 2008 5:44:04 PM EDT From: larryssokol @comcast.net I like the Seahorse Fountain on Subject: Sculpture Vote the corner of Ocean Ave and 8th Street. Date: May 21,2008 11 :57:17 PM EDT To: ColesDobayD@ci.boynton-beach.fl.us William H. Becker Regards, Bill Jordan 216 SW 14th Street I am voting for the Seahorses sculpture by Frank Varga Boynton Beach, FI 33426 Larry Sokol 9 Frbm: ekmond@msn.com Subject: Vote for Art From: pritt@palmbeach.k12.fl.us Date: May 21, 20085:53:06 PM EDT Subject: art vote My favorites are: Date: May 21, 2008 1 :06:51 PM EDTI would like to submit my vote for Fire and Rain and Seahorse 1. Rings of Promise Fountain. I am excited to see the artwork displayed! Thanks! 2. Fire and Rain Macaire Pritt From: scott3849@bellsouth.net 3. "Water Steel II Subject: art vote Date: May 21,20084:00:11 PM EDT Thanks for giving us the definetly Seahorse Fountain From: nabbo@aol.com opportunity to vote on this. Subject: I vote for the Seahorse by Frank Varga. Date: May 21,20089:23:04 PM EDT From: vargastudios@yahoo.com From: KKARENG@aol.com Subject: Sculpture Vote Subject: Vote Date: May 21, 2008 11 :59:44 PM EDT Date: May 22,20087:05:17 AM EDT I am voting for my sculpture of Seahorses (which can be I am voting for Seahorse Fountain by Frank Varga. made into a fountain). From: bostondiamonds@comcast.net Frank Varga Subject: boynton beach art Date: May 22,20088:27:49 AM EDT From: idtaylor@pbcgov.org Hi, Subject: public art vote My favorite is "Wave Factor". It is strong but graceful. Date: May21, 200811:51:10AM EDT Just wanted to send in my vote for the Virginia Diamond Seahorse Fountain, From: alehrlich69@bellsouth.net I think it is a great piece. Subject: vote Thanks for all your work. Date: May 22, 2008 1 :28:47 PM EDT Jeannie Taylor Seahorse fountain. It fits the theme of a beach city and it's the only one I understand! From: NoanieC@aol.com Subject: vote for artwork From: LeighAnnEntity@aol.com Date: May 21,200812:25:18 PM EDT Subject: competition I vote for "Seahorse Fountain" Date: May 22,20085:10:58 PM EDT Joan Carabee I vote for the Seahorse by Frank Varga. 10 Exhibit B From: frankvarga@bellsouth.net When do we start thinking about fiscal responsibility?? Subject: seahorse People are leaving south Florida as fast as they can move away from here, but we kee~ Date: May 23, 2008 12:10:43 AM EDT building more high rise condo projects. Maybe we should find a solution for the water shortage I cast my vote for the Seahorse sculpture. This fi rs t. sculpture in a fountain setting would add flavor Rather than asking city residents "What's your favorite to a seaside community. sculpture?" sent us a copy of the current city budget (or Every great city seeking tourism dollars needs a proposed budget) and ask the taxpayers to choose the arts to make it an attraction. Sincerely, what programs they want to add or delete while staying Joanne Varga within the limits of the budget. It might be very interesting. From: friedfish3@comcast.net What kind of salary does a "Public Art Administrator" add Subject: public art to the budget?? Try thinking outside the box...,........ I believe my tax Date: May 23,20088:05:41 PM EDT dollars should continue art programs in our schools, There's nothing quite like ART IN PUBLIC PLACES. All Have a contest and let the kids create a piece of art that major cities of the world have displayed art for the public could be on display for the year. to view, appreciate and come to become so used to that the art is a part of their life and is like second nature to STOP THE SPENDING! With all the proposed budget the viewer. Art in the public and open areas have often cuts, we don't need to spend money become regular stops and gathering spots for all people. on art at the current time. Many places even require art in public areas as a part of development planning. Thanks for asking what I think, Boynton Beach must not be an exception, but rather a L Piercey leader having Art in Public Places. My vote for artist and his piece is Richard Beau Lieu's CALL IN VOTES MAY 23, 2008 CHAMBERED NAUTILUS. This would be my first choice, 13Lila Klein but as many others as possible would also be a welcomed addition to the community. 19665 Island Ct., Boca 33434 561 488 7504212 9376 cell Since I just returned from a short road trip and was "Magnificent sculpture" Seahorse Fountain opening my mail today [5/23] kindly consider my vote. Sincerely, Seahorse Fountain Ken Fishkin Terry Varga (not his wife) 736-1373 John Ben, From: Lpiercey@aol.com Seahorse FOuntain "Best of the lot." Subject: Public Art Doris Silver Seahorse sculpture Date: May 24, 2008 12:25:49 AM EDT May 23, 2008 Seahorse sculpture Dear Ms. Coles-Dobay, - Voice Academy If the city budget can afford to buy permanent art pieces. David Ecount why are FEAR based articles appearing in the newspaper regarding potential budget cuts for Seahorse sculpture police protection, street lights, and other basics, .......,............or the other possibility just Dr. Kemp, RAISE THE TAXES?? I'd love a beautiful piece of art in my living room too, but if Seahorse sculpture my personal budget can only afford necessities like food Susan Puthman 733 7539 and mortgage payments, you can bet I won't be thinking about buying any art. I'll get creative Seahorse sculpture and let the kids paint a masterpiece to hang on the wall. 11 rom: PDinielli@aol.com From: harry@prospectfinancetc.com Subject: (no subject) Subject: Vote For Art Date: May 24, 2008 4:32:27 PM EDT Debby, great job keep up the beautiful work Please except my vote for the Sea Horse Water From: lisa.hanley@juno.com Fountain by Frank Varga Subject: public art Date: May 25, 2008 6:48:36 PM EDT Harry Swain My favorite pieces (actually, the only pieces I like) are: Feline Foliage Water Steel From: BOBFOOTS@aol.com Subject: Avenue of the Arts Date: May 26, 2008 7:31 :00 PM EDT Ginny and I have enjoyed the sculptures and are sorry to hear that they all will not be retained. Ginny votes for 5 and 8. I vote for 2, 5,8, and 10. Bob Foot From: Iinwir@bellsouth.net Subject: Voting Date: May 26, 2008 11 :26:47 AM EDT Please accept my vote for The Seahorse Fountain Sculptureby Frank Varga. Thanks From: mark@prospectfinancetc.com Subject: Vote For Art Date: May 23, 2008 2:16:13 PM EDT Debby, I would like to cast a vote for Frank Varga's Sea Horse Water Fountain. Thank You Mark Swain Boynton Resident 12 Exhibit B <(' to' .A /oD ~c9w~~~'~~-~/:~ ~~~_~~0t~~1 ~' - - I ~,0 · d-~~ ~a---J~- i~~ c0-p~~~'j~~ . CO (J~~~ ~~ ~~~, ~~\ ~ %~-t-~-l-~~ 1~~~" .oJ-~~ r ~~~S~ ,~;:df: ~ ~ ~ ~~o;~> ~4r 4-vvo;~~G~~-~~~ ~ ~, cb 1(.~s. D~ \\\n.', "'(lL J ~~ ~o-u:t ~ ~- ~. ~ ~ i)-- 0-3-' ~ ~ ~ 0 ftu-L ~ Q/v'- ~ ~~ '--....--- : Exhibit C <//arr.ga ~C!u1pturr.ing ~tudio 296 N.E. 6TH AVENUE GROSSE POINTE DELRAY BEACH. FL 33-483 MICHIGAN 561-278-75-49 313-88-4--4-456 June 25, 2008 Debbie Coles-Do bay Public Arts Administrator City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Ms. Coles-Dobay, PURCHASE FOR SEAHORSE FOUNTAIN Total Cost $20,000. For permanent placement in City. Targeted site location outside in landscaped area on NW comer of new City Library. Description of Seahorse Fountain: Cast Bronze sculpture approximate size, 6' X 3' diameter, base cast concrete, weighing approximately 250 pounds. Sculpture attached with six (6) 3/8" stainless steel rods bolted through base. Also attached inside pool basin with six (6) 3/8" stainless rods cemented into concrete, to sustain high winds. Pump and Housing: Water pump 110 volt, size of pump to be determined. It will be attached to fountain with flex hose to deliver water to Seahorse sculpture. Flotation mechanism non-electric. Type to be determined, to supply water to basin when water level drops in height. Water level of pool approximately 6" deep. Material of flotation mechanism plastic. Fountain Basin: 6' diameter approximate 10" deep water basin, material concrete inside fInished in ceramic type tiles. Color patterns to be determined. Lighting: Three (3) submergible lights placed in water basin. Type to be determined for illumination of sculpture. Continued Page .: Specs will be determined when lighting is determined. The above work and cost includes installation of fountain and pump lights and water supply mechanism and tile ceramic for inside of water basin. Above provided by artist. Maintenance: Replacing lights, water line supply device, and pump when necessary. Seahorse bronze and stone to be left to oxidize naturally, which will give a beautiful turquoise color, no maintenance necessary. However, if color variation is desired, areas wished to remain Bronze in color should be waxed with Johnsons paste wax, once a year. City to supply: Structured engineering drawings for water basin, base and sculpture attachment. Electric (11 Ov GFI) supplied to fountain basin. Construction of fountain basin including footings. All necessary permits and inspections. V~S, __ d..~J~ / Frank Varga Exhibit C , . ttuh ~ hoVS~ ~~ ~~~ ~ I I"S ft t-S J:ZA-- \?vV'" '3 ' ( .. 3 ( 't 3if 1{Yl~ (g ~, 0 111S. l(\~ -r5 ft itS t\ ,'~ 10' . lip 1-v Vl-old vJPv~ r ~~l\ 1- Ltl~ &( I I . .., . ,. ,', '- 'A".' _- . . , . " , , . " ,,' ,j~,. .' . ._.,,,;',-/i.~".I:"~':~_"-~"'" :::/'.. .' ,_', "jl . . , ~ ", '~~~~~._;~~":,^,;~~1Ff~~tf'"~';;";A""!rr';,"",,,,, --- - . '-""~"O"'O'''''~''"''"'-''''''~~'T''''''''':'\ .. I 'j ..,,,,.t,:,,,,,,,,','.""'i"'i'~,~....,,,,. Exhib;~ ., ART IN hJBLIC PLACES EXPENSE/REVENUES BUDGET YEAR REVENUES EXPENSES YEAR BALANCE ACCUM BALANCE . 05/'06 $7 085.56 $7 829.00 -$743.44 ($743.44) '06/'07 $33.314.73 $139.919.92 -$106 605.19 ($107 384.63) 07/'08* $107.119.35 $66 776.69 $40 342.66 ($67,041.97) * Year to date 07/16/2008 07/'08 140,000* $212.500.00 -$72.500.00 ($139 541.97) 08/'09 $250,000.00 $153.860.00 $96.140.00 $43,401.97 * Estimated revenues from 30% PA fee Collection only. Additional revenues from 70% retained and rennovation projects. VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.l AGENDA ITEM REQUEST FORNI Requested City Conunission Date Final Form Must be Turned Requested City Conunission Date Final Form Must be Turned ill Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office C8J August 19, 2008 August 4, 2008 (Noon) o October 21,2008 October 6,2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3,2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM C8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve Resolution No. 08-_ ratifying a Memorandum of Understanding (MOD) between the City of Boynton Beach and the SEIU, Florida Public Services Union, Blue Collar Unit regarding Work Breaks. This MOU shall modify Article 16, Work Breaks for shift and non-shift employees in Division 28 11 (Public Water Treatment) EXPLANATION: The parties have negotiated and have agreed to modify Article 16 by adding the following language: a) Shift employees working in Division 28 11 (Public Water Treatment) will not receive an unpaid lunch break and are required to remain at their normal work stations for the duration of their shift; b) Non-shift employees in Division 28 II will have the option of either taking an unpaid thirty (30) minute lunch break or may elect to remain on the clock and take no lunch break. c) Non-shift employees who elect to remain on the clock and take no lunch break will be precluded from taking break time other than the two (2) fifteen (15) minute paid breaks in accordance with Section 16.2 There are twenty-eight (28) bargaining unit employees affected by this MOD. The Memorandum will become effective the date that it is ratified by the City Commission. The Bargaining unit ratified this MOU on Monday, July 14, 2008, as verified by the attached documents; . A letter from Frank Sosa, SEIU Administrator, Florida Public Services Union to Human Resources Director Sharyn Goebelt dated July 14, 2008, notifying the City that the MOU has been ratified. . A copy of the proposed MOU with SEIU Florida Public Services Union, Blue Collar Members regarding work breaks, signed by Frank Sosa, SEIU Administrator. PROGRAM IMP ACT: This MOU affects twenty-eight (28) bargaining unit employees in Division 28 11 (Public Water Treatment), both shift and non-shift. The terms of this MOU were agreed to as a resolution to a grievance filed by the Union regarding work breaks and after discussion and concurrence with Blue Collar representatives and Management representatives in Labor Management meetings. FISCAL IMPACT: There is no fiscal impact to implement this MOD. If this MOU is not implemented there will be a fiscal impact to provide work break coverage for evening shift employees because back-up coverage is not currently available for shift employees to leave their work station. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Do not approve the MOD. If not approved the Union may escalate to arbitration since we are unable to provide work breaks for shift employees in the evening because there is no one available to provide back-up coverage, )/o>r ~4U~-~L City Manager's Signature fssistant to City Manager {YYYf-/ HUMAN RESOURCES ~" ~- Department Name City Attorney / Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC I' I RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING A MEMORANDUM OF 6 UNDERSTANDING WITH THE SEIU, FLORIDA 7 PUBLIC SERVICES UNION, CTW, CLC, (BL UE 8 COLLAR) COLLECTIVE BARGAINING AGREEMENT 9 REGARDING WORK BREAKS; AND PROVIDING AN 10 EFFECTIVE DATE. II 12 13 WHEREAS, the City and the Union have negotiated and reached an agreement 14 regarding work breaks and have agreed to changes to Article 16 of the current collective 15 bargaining agreement as set forth in the attached memorandum of understanding. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as ]9 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby ratifY the Memorandum of Understanding with the SEIU, Florida Public Services 23 Union, CTW, CLC (Blue Collar) Collective Bargaining Agreement regarding work breaks, a 24 copy of which is attached hereto as Exhibit "A". 25 Section 3. This Resolution shall become effective immediately upon passage. 26 S:\CA\RESO\SEIU MOU Blue Collar (work breaks).doc i 11 PASSED AND ADOPTED this _ day of August, 2008. ~I CITY OF BOYNTON BEACH. FLORIDA ~d 51 ~---_._._- I -~---~- 6: Mayor- Jerry Taylor ! '71 , , sl - ~---,-~ 9 Vice Mayor - Jose Rodriguez 101 I] I ------ ]21 Commissioner - Ronald Weiland 13 I ]41 ------------- I IS Commissioner - Woodrow L. Hay 16 17 ' -- -----..---, - -- - ~--~---------_._----- IS Commissioner - Marlene Ross 19 ATTEST: 20 I 2 ] ')') -----.".---.--. - --- ')~ Janet M. Prainito, CMC ~-' 24 City Clerk ~5 26 27 ( Corporate Seal) I I I' I I I I i s: ,CA.RESO\SEIU MOU Blue Collar (work breaks),doc I I i i I Florida Public Services Union zune JUL I 8 PM 4: 1; 3 ~' .. ~ ' j ~. l~ ' i'~" , .~ _ ,-j _, j I , ...~. - ~. SEIU ED BURKE July 14, 2008 President By U.S Mail CARNELL HARRISON Executive Vice President BETTY BOWERS Ms. Sharyn Goebe1t, Human Resources Manager Secretary-Treasurer City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Re: SEIU Ratification of MOU-Lunch Breaks Dear Ms. Goebelt: Orlando 700 I Lake Ellenor Dr., Please be advised that on Monday, July 14,2008, the SEIU FPSU Blue Suite 130 Collar Bargaining Unit ratified the Memorandum of Understanding Orlando, FL 32809-5793 reached between the Union and the City of Boynton Beach regarding 407-856-5828 Fax: 407-856-5895 Lunch Breaks. Toll Free: 1-866-855-5004 If you desire additional information, please do not hesitate to call. Jacksonville Thank you. 435 Oark Rd.. Ste 407 Sincerely, Jacksonville, FL 32218 904.766.8717 -V ~ ,i;J, .. Lake County Frank sa 101 N. Joanna Ave SEIU Administrator Tavares. FL 32778 352.742.9599 Cc: Mike Osborne, Chief Steward Largo 7850 Ulmerton Rd, Ste 9 Largo, FL 33779 727.532.9800 Palm Springs 21 12 S. Congress Ave. Ste 207 Palm Springs, FL 33406 561.965.0077 @ E-mail: info@Seiuflpublicservicesunion.org · Web srte: www.seiuflpublicservicesunion.org " MEMORANDUM OF UNDERSTANDING WITH REGARD TO SEIU BLUE COLLAR MEMBERS WITH THE CITY OF BOYNTON BEACH THE CITY OF BOYNTON BEACH (hereinafter, "the City") and the SEIU Florida Public Services Union (the "UNION") agree that effective July 1, 2008, and continuing in full force and effect through and including September 30, 2009, that Article 16 of the Blue Collar Collective Bargaining Agreement shall be modified as follows: Article 16 16.0 WORK BREAKS 16.1 a) Shift employees working in Division 28 11 (Public Water Treatment) will not receive an unpaid lunch break and are required to remain at their normal work stations for the duration of their shift. b) Non-shift employees in Division 28 11 will have the option of either taking an unpaid thirty (30) minute lunch break or may elect to remain on the clock and take no lunch break. c) Non-shift employees who elect to remain on the clock and take no lunch break will be precluded from taking break time other than the two (2) fifteen (15) minute paid breaks in accordance with Section 16.2. This Memorandum will become effective the date it is ratified by the City Commission and the bargaining unit. IN WITNESS THEREOF, the Parties have caused this Memorandum of Understanding to be signed by their duly authorized representatives on the _ day of , 2008. FOR THE CITY OF FOR THE SEIU Florida Public Services Union BOYNTON BEACH " , Ii j , ! ..,- ~'. I ^'-"'/ I . L.P-<--- Kurt Bressner, City Manager smu U~ion Representative THE CITY OF SEIU FPSU (Blue Collar) BOYNTON BEACH J ~ I (JIA 1'"( ~__ <.:c" ~ _ D~ D~. \ Janet Prainito, City Clerk Date MOUBCSEIULunchBreaks 1 VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August 19,2008 August 4, 2008 (Noon) D October 21,2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 16, 2008 September 2, 2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15, 2008 (Noon) D December 2, 2008 November 17, 2008 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve agreement per resolution No. 08 XXXX authorizing a Memorandum of Agreement between the State of Florida, Department of Health, Palm Beach County Health Department and the City of Boynton Beach to provide Influenza and Pneumococcal vaccinations for a specific targeted group of Boynton Beach Seniors Citizens. EXPLANATION: Recognizing the significant number of our low-income, largely minority senior population who may not have access to these types of immunizations, the Fire Rescue Department would like to continue its efforts with the countywide initiative to provide Senior Citizens with the Influenza and Pneumococcal vaccinations. These inoculations will be provided to seniors at no cost at various locations within the city limits of the City of Boynton Beach. Fire Rescue will continue to provide the personnel necessary to process the paperwork and administer the injections. In this agreement, the Palm Beach County Health Department supplies aU training and vaccines to BBFRD paramedics who in turn, administer the vaccinations to our residents. PROGRAM IMP ACT: Provides a critical immunization service to the Senior Citizens of Boynton Beach who may not have health insurance or access to the local public healthcare system. FISCAL IMP ACT: Paramedics who volunteer their time for this project are compensated through earning comp time. ALTERNATIVES: Not to enter into the agreement and not provide this service to the residents of Boynton Beach. C-. t I }.4Z~~ -- . 'Department Head's Signature City Manager's Signature Assistant to City Manager ~ FIRE RESCUE DEPT '\ ~ Department Name " City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , I; . . 1 RESOLVTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND APPROVING 5 EXECUTION OF A MEMORANDUM OF AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND THE 7 PALM BEACH COUNTY HEALTH DEPARTMENT TO 8 PROVIDE INFLUENZA AND PNEUMOCOCCAL 9 VACCINA TIONS FOR A SPECIFIC TARGETED GROUP OF 10 BOYNTON BEACH SENIOR CITIZENS; AND PROVIDING 11 AN EFFECTIVE DATE. 12 13 WHEREAS, recognizing the significant number oflo-income. largely minority senior 14 population who may not have access to these types of immunizations. the Fire Rescue 15 Department would like to continue its efforts to provide Senior Citizens \vith intluenza and 16 pneumococcal vaccinations: and 17 WHEREAS, the attached Agreement will begin on the date it is signed by both parties 18 and shall end on March] , 2013; and 19 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 20 best interests of the citizens of the City of Boynton Beach to enter into a Memorandum of 21 Agreement between the City of Boynton Beach and the Palm Beach County Health Department 22 which will allO\v our Fire Rescue Department to provide Senior Citizens with influenza and 23 neumococcal vaccinations. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 27 rue and correct and are hereby made a specitic part of this Resolution upon adoption hereof 28 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 29 nd directs the City Manager and City Clerk to execute the Memorandum of Agreement with \CA\RESO\Agreements\Vacclnatlons for Seniors 081908 doc , I , i j : I 1 the Palm Beach County Health Department which will allow our Fire Rescue Department to 2 continue to provide senior citizens with influenza and pneumococcal vaccinations. A copy of 3 the Agreement is attached hereto as Exhibit "A", 4 Section 3. This Resolution shall become effective immediately upon passage, 5 PASSED AND ADOPTED this _ day of August, 2008. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 24 25 26 27 TTEST: 28 29 30 31 32 33 anet M. Prainito, CMC 34 ity Clerk 35 36 37 38 Corporate Seal) 'ICAIRESOlAgreementslVaccinalians for Seniors 081908 doc MEMORANDUM OF AGREEMENT ADULT IMMUNIZATION SERVICES This Memorandum of Agreement ("Agreement") is entered into between the State of Florida. Department of Health, Palm Beach County Health Department, hereinafter referred to as the "Department," and the City of Boynton Beach, hereinafter referred to as the "City." THE PARTIES AGREE: I. The Department Agrees: A. To provide training for the Adult Immunization Initiative to the Fire Rescue Paramedics B. To provide Public Health Nurses who will assist in organizing flu and pneumococcal services to the low-income, largely minority senior population. C. To provide Public Health Nurses who will do problem solving and answer technical questions as needed by telephone. D. To provide a list to the City of those paramedics who have successfully passed the Adult Immunization Training. II. The City Agrees: A. To assign paramedics who will provide immunization services. Each assigned paramedic must have successfully completed the Palm Beach County Health Department Adult Immunization Training and received a passing grade on the final test. B. Information Security. The City shall maintain confidentiality of all data, files, and records including client records related to the services provided pursuant to this Agreement and shall comply with state and federal laws, including, but not limited to, sections 384,29, 38] ,004, 392.65 and 456.057, Florida Statutes. Procedures must be implemented by the City to ensure the protection and confidentiality of all confidential matters, These procedures shall be consistent with the Department of Health, Information Security and Privacy Policy 2007 which is incorporated herein by reference and the receipt of which is acknowledged by the City upon execution of this Agreement. The City will adhere to any amendments to the Department's security requirements provided to it during the period of this Agreement. The City must also comply with any applicable professional standards of practice with respect to client confidentiality. C. To assess each client's need for the vaccine by using a screening questionnaire supplied by the Department. The screening questionnaire will assist the paramedics to assess each client's health status, allergies, and reactions to previous immunizations. D, To administer to each client the correct vaccines utilizing the correct routes, sites, and doses according to established Department and CDC protocols. 1 r'Cfn>immUlli::/Af()A, '_)()(ji:):Bl1 ':<,' E. To document immunization actions on the immunization card and on the Client Immunization Record Card or other approved form. F. To be responsible for proper storage and handling of the vaccine and to adhere to vaccine storage and handling requirements during transportation of the vaccine and at the community sites. G. To be responsible for acquiring and picking up the vaccines at the Health Care Pharmacy Distribution Center. H. To be responsible for supplies needed for vaccine administration such as syringes sharps containers, alcohol wipes, gloves and supplies needed for vaccine storage at outreach sites, such as coolers and ice packs. 1. To adhere to the Department's established Courtesy Standard, which states: "Treat customers, the public and staff with courtesy, respect and dignity and present a positive public image." J. To refer to the Public Health Nurse questions that may require more in-depth immunization knowledge or problem solving. K. To be responsible for scheduling sites and working with site coordinators. L. To present a schedule of planned outreach sites with dates and times to the Health Department's Immunization Program Coordinator two weeks in advance of the planned outreach. (This information will enable coordinator of activities with the Health Department and Palm Beach County Adult Immunization Coalition.) M. To be fully responsible for the negligent acts or omissions or intentional acts of paramedics they employ, who are participating in the immunization initiative, and to ensure that appropriate professional and liability insurance coverage is maintained for the paramedics. Nothing herein shall be construed as a waiver of sovereign immunity beyond the limits set forth in Section 768-28, Florida Statutes. III. The City and The Department Mutually Agree: A. Effective and Ending Dates This Agreement shall begin on March 1, 2008, or on the date on which the Agreement has been signed by both parties, whichever is later. It shall end on March 1, 2013. B. Termination (1) Termination at Will This Agreement may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party, unless a lesser time is 2 xlepilimmuniz/MOA/2008/BB i ,:;ii" ;~.iC~: {}::,' Ai """"'~o<~~N" o. ;n?~;'/ ,.~~ ';~t'?' '"" ,I '" '~ mutually agreed upon in writing by both parties. Said notice shall be delIvered h\ certified mail, return receipt requested, or in person with proof of deliven (2) Termination for Breach This Agreement may be terminated for either party's non-performance upon no less than twenty-four (24) hours notice in writing by the non-breaching party, Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. C. Indemnification The Department as a state agency agrees to be fully responsible to the limits set forth in Section 768.28, F.S. for its own negligent acts which result in claims or suits against the Department or the City arising out of this Agreement, and agrees to be liable to the limits set forth in Section 768.28, F.S. for any damages proximately caused by said acts or omISSIOns. Nothing herein shall be construed as a waiver of sovereign immunity or consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any Agreement. The City agrees to be fully responsible for its own negligent acts, which result in suits or claims against the City or the Department arising out of this Agreement, and agrees to be liable for any damages proximately caused by said acts or omissions, D, Relationship. Nothing herein shall create or be construed to create an employer-employee, agency, joint venture, or partnership relationship between the parties. E. Renegotiation or Modification Modifications of provisions of this Agreement shall only be valid when they have been reduced to writing and duly signed by both parties. F. Health Insurance Portability Act of 1996 (HIP AA), (l) Where applicable, the parties will comply with HIP AA as well as all regulations promulgated thereunder (45CFR Parts 160,162, and 164), (2) Where applicable, the parties incorporate by reference the operative obligations of the respective parties specified in 45 C.F.R, 99 164.502(e) and 164,504 (e, f, and g, and subdivisions thereunder as applicable) of HIP AA privacy regulations, only insofar as either individual party is a business associate as defined in 45 C,F.R. 9 160.103, for purposes of this Agreement. This provision for HIP AA business associate obligations shall remain in effect as long as the business associate has possession of protected health information received from the other party. This HIP AA business associate provision survives termination of this Agreement. l':cpi/JmmUl1lz/AfO 4:'}()()8/H l> '':,' G. Official Representatives. (1) For the Department: Name: Deborah Hogan, R.N., M.P.H. Title: Senior Community Health Nursing Supervisor Organization: Palm Beach County Health Department Mailing Address: 1050 15th Street, West, Riviera Beach, FL 33404 TelephonelFax: (561)840-4568 - (561)841-8578 E-mail: deborah _ hogan@doh.state.fl.us (2) For the City: Name: Michael Landress Title: EMS Division Chief Organization: City of Boynton Beach Mailing Address: 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Telephone/Fax: 561-742-6337 /561-742-6346 E-mail: landressm@ci.boynton-beach.fl.us H. All Terms and Conditions Included This Agreement contains all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and the Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement shall remain in full force and effect and such term or provision shall be stricken. IN WITNESS THEREOF, the parties hereto have caused this-.1 page Agreement to be executed by their undersigned officials as duly authorized. City of Boynton Beach State of Florida, Department of Health Palm Beach County Health Department Signed By: Signed Name: N . Jean Marie Malecki, MD, MPH, F ACPM Title: Director Date: Date: 4 xlepilimmuniz/MOA/2008/BB "c ,c' ,.,. '~..0" if:, MAL (~~~~iI ". . VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office i:8l August 19, 2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5,2008 October 20, 2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) ('") 0 n- O Announcements/Presentations ~ City Manager's Report CO --,I -t-< 0 c... -<Q NATURE OF 0 Administrative New Business c:: r- ("')'"'1 AGENDA ITEM 0 Consent Agenda 0 Legal W ~t:D iTlo - :::0-< 0 Code Compliance & Legal Settlements 0 Unfinished Business ~:z :z:- en"" 0 Public Hearing 0 :x 00 \0 ..,,% .. '"'1 CD +:'" 5m +:'" rrt. 0 RECOMMENDATION: Motion to authorize and execute by resolution three (3) Conditionn Permit Agreements between the Lake Worth Drainage District (LWDD) and the City of Boynton Beach in support of the City's construction of the new regional force main. EXPLANATION: In 2007, the City issued task order U07-20-1 to the Wantman Group, Inc. (WGI) for the new regional force main route selection, detail design, permitting and bidding phases of the project. Once the force main route was identified and confirmed the acquisition of easements, permits and agreements began and the new force main design has now progressed to the 90% stage. Currently, the project is in the permitting phase and permits/agreements have been issued by FDOT, L WDD and FEC. Agency review continues for the PBC HD and CSX permits/agreements. PROGRAM IMPACT: The L WDD Conditional Permit Agreements are necessary to allow the City to construct several portions of the new regional force main in the L WDD canal right-of- ways. The L WDD canal right-of-ways covered by these three (3) Agreements are for the: E-4 (aerial crossing) L-29 (underground crossing) L-30 (aerial crossing) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The L WDD Conditional Permit Agreements contains the provision for a non- refundable permit fee of $1,500.00 for two (2) of the Agreements and $500.00 for the other. The City's permit fee checks were submitted to L WDD along with the project drawings to initiate the permitting process. The fees were paid from Utilities account #406-5000-590-96-03 SWR114. AL TERNA TIVES: Although there are alternative force main routes available, the one selected is the most direct and will provide the City with the most cost effective construction option. Therefor~, thes~,L~DD _~di~onal P;~~it Agreements must be aU)hO~ized. i / ,., ~' , -/' ',' ~/) /1.., ' \, ::>, ,L----. .J\ / ~.;' \ "/ ~- . '.' )':.-_A', ---"t..,-~c>'- '1f1 ~\ \., --- . ~. Kofi Boateng, P.E. City Manager's Signature Utilities Director Assistant to City Manager ~ Utilities ~ - ;t1/V+ Department Name City Attor y / Finance // bc:rt:er Mazzella, Deputy Director, Utilities ~Paul Fleming, PMP, Sr. Project Manager Chris Roschek, P.E., Engineering Division Manager Karen Riseley, CPPB, Contract Administrator Barb Conboy, Manager Utilities AdminIFinance Project File S IBULLETIN\FORMS'c-\GENDA ITEM REQUEST FORM DOC , . I RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE MAYOR AND CITY CLERK TO 6 EXECUTE THREE CONDITIONAL PERMIT 7 AGREEMENTS BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE LAKE WORTH DRAINAGE 9 DISTRICT IN SUPPORT OF THE CITY'S 10 CONSTRUCTION OF THE NEW REGIONAL FORCE I] MAIN; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new 14 'regional force main route selection; and 15 WHEREAS, the Lake Worth Drainage District (L WDD) Conditional Permit 16 Agreements are necessary to allow the City to construct several portions of the new regional 17 force main in the L WDD canal right of ways. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 ereby authorize and direct the Mayor and City Clerk to execute the three Conditional Permit 25 greement between the City of Boynton Beach and Lake Worth Drainage District, said 26 onditional Permit Agreements being attached hereto as Exhibits "A", "BOO and "Coo. 27 Section 3, This Resolution shall become effective immediately upon passage. I PASSED AND ADOPTED this _ day of August, 2008. 2 :3 CITY OF BOYNTON BEACH. FLORIDA 4 :- b Mayor - Jerry Taylor 7 I 8 -~-~_..- 9 Vice Mayor ~ .lose Rodriguez 10 II ----_._--~-----~._._~-~---_.__._-------~~ -~-~ 12 Commissioner. Ronald Weiland 13 14 ._-_.__.._--~ ~~- 1:- Commissioner -- Woodrow L. Hay 16 17 18 Commissioner - Marlene Ross 19 20 ATTEST: 21 Y) --- .-- ,,~ Janet M. Prainito, CMC --' 24 City Clerk 25 26 27 ( Corporate Seal) 28 I City of Boynton Beach Utilities Department Engineering Division I nteroffice Correspondence TO: Peter Mazzella, DATE: July 28, 2008 Utilities Deputy Director FROM: faal flUff?, fRf PHONE: 6487 Senior Project Manager PROJECT: Regional Force Main Project SUBJECT: LWDD Construction Permit and Conditional Permit Agreements bee: C. Roschek, P.E. (via email) ee: Project File: 3.1 b Chris, Accompanying this IOC are two (2) oriainals of the following LWDD documents: 1. E-4 Conditional Permit Agreement (aerial crossing) 2. L-29 Construction Permit (underground crossing) 3. L-30 Conditional Permit Agreement (aerial crossing) It is the City Attorney's opinion that these documents require Commission Authorization and I have incorporated the comments received from you on the DRAFT AIRF issued 7/15/08 and I am therefore attaching the FINAL AIRF for your action, Please note that once the original documents are signed by the City, both originals for each Agreement must be returned to the LWDD for final execution. If the City Clerk would prefer for the Utilities Department to handle this aspect, please have the Clerk return all City signed originals to me and I will transmit to LWDD and track their return to the City, Creating value for our customers and community by achieving excellence in service, products and environmental quality. PEOPLE - TEAMWORK -INNOVA TlON LAKE WORTH DRAINAGE DISTRICT LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484-1105 (561) 498-5363 or 737-3835 Fax: (561) 495-9694 LWDD Permit No. 08-8512U.01 CPA No. 1140 Canal No, E-4 June 23, 2008 Page 1 of 5 CONDITIONAL PERMIT AGREEMENT WHEREAS, the City of Bovnton Beach, hereinafter called Permittee, has requested from the LAKE WORTH DRAINAGE DISTRICT, hereinafter called LWDD, a temporary Conditional Permit to construct and maintain the facility described on the attached Exhibit 'A', subject, however, to the following conditions: 1. Permittee shall pay a non-refundable fee in the amount of $1,500.00. 2, In the event it becomes necessary for LWDD to expand or further utilize its facilities within its right-of-way, the Permittee shall after reasonable notice (the same not to exceed sixty (60) days,) effect such removal of the permitted facility as LWDD may reasonably require from time to time so as to allow and not delay LWDD canal or right-of-way improvements and further, the Permittee shall maintain in good safe operating condition the facility permitted and involved herein. 3. This agreement may never be assigned without the written consent of the LWDD. 4. Upon the full and complete execution of this instrument, LWDD acknowledges receipt of payment and grants the requested Conditional Permit and Permittee agrees to effect and complete, at no cost to the LWDD, the installation involved herein within six (6) months from the date of this instrument. 5. Permittee may, at its sole expense, modify the facility involved and installed herein under the condition that same does not unreasonably interfere with LWDD'S use of its right-of-way and Linder the condition that the plans and specifications for such modification have been approved in writing by LWDD. Such modification to be accomplished with no further payment to LWDD. 6. No sampling points, corporation stops (air release valves), valve boxes or other appurtenances will be permitted within the LWDD right-of-way unless specifically shown and dimensioned on the plans and designed to withstand the normal and routine maintenance of the LWDD. 7. Forty-eight (48) hour notice will be given to LWDD prior to the commencement of construction activity. 8. Facilities backfilled prior to receiving LWDD approval will be uncovered for visual inspection. ahplsJwl08512U 01 CPA 1140 city of boynton doc Rev '108 LAKE WORTH DRAINAGE DISTRICT CPA No. 1140 LWDD Permit No. 08-8512U.01 Canal No. E-4 June 23, 2008 Page 2 of 5 9. It is not the intention of this Permit Agreement to approve of the construction methods for the installation of the herein approved utility crossing. It shall be the responsibility of the Permittee's contractor installing the above described facility to maintain the continuous uninterrupted free flow of water in the canal. It shall further be the duty of the Permittee to obtain the approval of LWDD for any construction methods which would be contrary to the above. The Permittee shall also be responsible for the installation of silt screens and/or turbidity barriers as necessary to maintain the clarity of the water, FAILURE TO COMPLY WITH WRITTEN NOTICE OF A VIOLATION OF THIS PARAGRAPH SHALL, AFTER FIVE (5) WORKING DAYS, AUTOMATICALLY VOID THIS CONDITIONAL PERMIT AGREEMENT. 10. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, City shall indemnify, defend and hold harmless LWOO against any actions, claims, or damages arising out of City's negligence in connection with this agreement, and LWDD shall indemnify, defend and hold harmless City against any actions, claims, or damages arising out of LWDD'S negligence in connection with this agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set forth in Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's, or any third party's negligent, willful or intentional acts or omissions. 11. The address appearing beneath the Permittee's signature shall, for notice purposes, be considered as the permanent mailing address of said Permittee unless LWDD has been notified of a change of address in writing, ahplsjw\08512U.01 CPA 1140 city of boynton.doc Rev 1.11.08 LAKE WORTH DRAINAGE DISTRICT CPA No. 1140 LWDD Permit No. 08-8512U.01 Canal No. E-4 June 23, 2008 Page 3 of 5 LWDD ACCEPTANCE: IN WITNESS WHEREOF, the parties hereto have hereunto set their hand(s) and seal(s) this day of ,2008. WITNESSES: LAKE WORTH DRAINAGE DISTRICT By: (1) Witness Signature President, Board of Supervisors James M. Alderman Printed Name Attest: (2) Witness Signature Secretary, Ronald L. Crone r ,<:;j~: Printed Name 13081 Military Trail Delray Beach, FL 33484-1105 LWDD NOT ARIZA TION STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgements, personally appeared JAMES M. ALDERMAN and RONALD L. CRONE, the President and Secretary, respectively, of the LAKE WORTH DRAINAGE DISTRICT, and that they severally acknowledged executing the same under authority duly vested in them by said District and that the seal affixed thereto is the true seal of said District. WITNESS my hand and official seal in the county and state last aforesaid this _ day of ,2008. NOTARY PUBLIC - State of Florida Joann M. Aylor My Commission Expires: ahplSjwl08512U 01 CPA 1140 city of boynton.doc Rev 1108 LAKE WORTH DRAINAGE DISTRICT CPA No. 1140 LWDD Permit No. 08-8512U.01 Canal No. E-4 June 23, 2008 Page 4 of 5 PERMITTEE ACCEPTANCE: (COMPLETE ALL INFORMATION) (1) Witness Signature Company or Agency Name By: Printed Name Signature of Authorized Personnel Printed Name and Title (2) Witness Signature Business Mailing Address Printed Name Business Mailing Address (cont'd) PERMITTEE NOT ARIZA TION STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , the of . He I She is personally known to me or has produced as identification, and who did (did not) take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the_ day of_ ,2008. Notary Public Notary Stamp or Seal This permit is issued in duplicate. Please sign both copies and return both copies to LWDD for signature. The permit is valid only after both the Permitter and Permittee have signed. Construction in LWDD rights-of-way prior to receiving the executed permit is not allowed. The Permittee must have a copy of the fully executed permit posted at the jobsite prior to any construction. Failure to comply may result in the jobsite being shut down. ahp\sjw\08512U.01 CPA 1140 city of boynton.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICl CPA No. 1140 LWDO Permit No. 08-8512U,01 Canal No. E-4 June 23, 2008 Page 5 of 5 EXHIBIT 'A' To construct one 24-inch pile supported Force Main over the E-4 Canal 28 feet +/- North of the existing Mission Hill Road Bridge (Section 5, Township 46 South, Range 43 East) with a minimum low member elevation of 15.18 N.G.V.D. (1929) in the open channel areas of the E-4 Canal and a minimum depth of cover of 36-inches elsewhere in the E-4 Right-of-Way. Said crossing is to be constructed as shown on the approved plans on file at the offices of the LWDD, designed, signed and sealed and submitted for the City of Boynton Beach by James W. Richie, P.E. of the Wantman Group, Inc. Eng. Job No. 407667.01 (Sheets FM 12 & 5-3 dated 04/06/08 & 06/09/08). ahp\Sjw\08512U 01 CPA 1140 city of boynton.doc Rev 1 1 08 LAKE WORTH DRAINAGE DISTRICT LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484-1105 (561) 498-5363 or 737-3835 Fax: (561) 495-9694 LWDD Permit No. 08-8512U.01 CPA No. 1140 Canal No. E-4 June 23, 2008 Page 1 of 5 CONDITIONAL PERMIT AGREEMENT WHEREAS, the City of Boynton Beach, hereinafter called Permittee, has requested from the LAKE WORTH DRAINAGE DISTRICT, hereinafter called LWDD, a temporary Conditional Permit to construct and maintain the facility described on the attached Exhibit 'A', subject, however, to the following conditions: 1, Permittee shall pay a non-refundable fee in the amount of $1,500.00. 2, In the event it becomes necessary for LWDD to expand or further utilize its facilities within its right-of-way, the Permittee shall after reasonable notice (the same not to exceed sixty (60) days,) effect such removal of the permitted facility as LWDD may reasonably require from time to time so as to allow and not delay LWDD canal or right-of-way improvements and further, the Permittee shall maintain in good safe operating condition the facility permitted and involved herein, 3. This agreement may never be assigned without the written consent of the LWDD. 4. Upon the full and complete execution of this instrument, LWDD acknowledges receipt of payment and grants the requested Conditional Permit and Permittee agrees to effect and complete, at no cost to the LWDD, the installation involved herein within six (6) months from the date of this instrument. 5, Permittee may, at its sole expense, modify the facility involved and installed herein under the condition that same does not unreasonably interfere with LWDD'S use of its right-of-way and under the condition that the plans. and specifications for such modification have been approved in writing by LWDD. Such modification to be accomplished with no further payment to LWDD. 6. No sampling points, corporation stops (air release valves), valve boxes or other appurtenances will be permitted within the LWDD right-of-way unless specifically shown and dimensioned on the plans and designed to withstand the normal and routine maintenance of the LWDD, 7. Forty-eight (48) hour notice will be given to LWDD prior to the commencement of construction activity. 8. Facilities backfilled prior to receiving LWDD approval will be uncovered for visual inspection. ahplsjw\08512U.01 CPA 1140 city of boynton.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT CPA No. 1140 LWDD Permit No. 08-8512U.01 Canal No. E-4 June 23, 2008 Page 2 of 5 9. It is not the intention of this Permit Agreement to approve of the construction methods for the installation of the herein approved utility crossing. It shall be the responsibility of the Permittee's contractor installing the above described facility to maintain the continuous uninterrupted free flow of water in the canal. It shall further be the duty of the Permittee to obtain the approval of LWDD for any construction methods which would be contrary to the above, The Permittee shall also be responsible for the installation of silt screens and/or turbidity barriers as necessary to maintain the clarity of the water. FAILURE TO COMPLY WITH WRITTEN NOTICE OF A VIOLATION OF THIS PARAGRAPH SHALL, AFTER FIVE (5) WORKING DAYS, AUTOMATICALLY VOID THIS CONDITIONAL PERMIT AGREEMENT. 10. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, City shall indemnify, defend and hold harmless LWDD against any actions, claims, or damages arising out of City's negligence in connection with this agreement and LWDD shall indemnify, defend and hold harmless City against any actions, claims, or damages arising out of LWDD'S negligence in connection with this agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set forth in Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's, or any third party's negligent, willful or intentional acts or omissions. 11. The address appearing beneath the Permittee's signature shall, for notice purposes, be considered as the permanent mailing address of said Permittee unless LWDD has been notified of a change of address in writing. ahplsjwl08512U 01 CPA 1140 city of boynton doc Rev 1 11 08 LAKE WORTH DRAINAGE DISTRICT CPA No. 1140 LWDD Permit No. 08-8512U.01 Canal No. E4 June 23, 2008 Page 4 of 5 PERMITTEE ACCEPTANCE: (COMPLETE ALL INFORMATION) (1) Witness Signature Company or Agency Name By: Printed Name Signature of Authorized Personnel Printed Name and Title (2) Witness Signature Business Mailing Address Printed Name Business Mailing Address (cont'd) PERMITTEE NOT ARIZA TION STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , the of . He I She is personally known to me or has produced as identification, and who did (did not) take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the_ day of _ ,2008. Notary Public Notary Stamp or Seal This permit is issued in duplicate. Please sign both copies and return both copies to LWDO for signature. The permit is valid only after both the Permitter and Permittee have signed. Construction in LWDO rights-of-way prior to receiving the executed permit is not allowed. The Permittee must have a copy of the fully executed permit posted at the jobsite prior to any construction. Failure to comply may result in the jobsite being shut down. ahplsjw\08512U.01 CPA 1140 city of boynton.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT CPA No. 1140 LWDD Permit No. 08-8512U,01 Canal No. E-4 June 23, 2008 Page 5 of 5 EXHIBIT 'A' To construct one 24-inch pile supported Force Main over the E-4 Canal 28 feet +/- North of the existing Mission Hill Road Bridge (Section 5, Township 46 South, Range 43 East) with a minimum low member elevation of 15.18 N.G.V.D. (1929) in the open channel areas of the E-4 Canal and a minimum depth of cover of 36-inches elsewhere in the E-4 Right-of-Way. Said crossing is to be constructed as shown on the approved plans on file at the offices of the LWDD, designed, signed and sealed and submitted for the City of Boynton Beach by James W. Richie, P.E. of the Wantman Group, Inc. Eng. Job No. 407667.01 (Sheets FM 12 & S-3 dated 04/06/08 & 06/09/08). ahplsjwl08512U 01 CPA 1140 city of boynton.doc Rev 1 11 08 LAKE WORTH DRAINAGE DISTRICT LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484-1105 (561) 498-5363 or 737-3835 Fax: (561) 495-9694 LWDD Permit No. 08-8513U.01 CPA No. 1141 Canal No. L-30 June 17, 2008 Page 1 of 5 CONDITIONAL PERMIT AGREEMENT WHEREAS, City of Bovnton Beach, hereinafter called Permittee, has requested from the LAKE WORTH DRAINAGE DISTRICT, hereinafter called LWDD, a temporary Conditional Permit to construct and maintain the facility described on the attached Exhibit 'A', subject, however, to the following conditions: 1. Permittee shall pay a non-refundable fee in the amount of $1500.00, 2. In the event it becomes necessary for LWOD to expand or further utilize its facilities within its right-of-way, the Permittee shall after reasonable notice (the same not to exceed sixty (60) days,) effect such removal of the permitted facility as LWDD may reasonably require from time to time so as to allow and not delay LWDO canal or right-of-way improvements and further, the Permittee shall maintain in good safe operating condition the facility permitted and involved herein, 3, This agreement may never be assigned without the written consent of the LWOO, 4, Upon the full and complete execution of this instrument, LWDD acknowledges receipt of payment and grants the requested Conditional Permit and Permittee agrees to effect and complete, at no cost to the LWDD, the installation involved herein within six (6) months from the date of this instrument. 5. Permittee may, at its sole expense, modify the facility involved and installed herein under the condition that same does not unreasonably interfere with LWDD'S use of its right-of-way and under the condition that the plans and specifications for such modification have been approved in writing by LWDD. Such modification to be accomplished with no further payment to LWDD. 6. No sampling points, corporation stops (air release valves), valve boxes or other appurtenances will be permitted within the LWDD right-of-way unless specifically shown and dimensioned on the plans and designed to withstand the normal and routine maintenance of the LWDD. 7. Forty-eight (48) hour notice will be given to LWDD prior to the commencement of construction activity. 8. Facilities backfilled prior to receiving LWDD approval will be uncovered for visual inspection. ahplsjwlcityof boynton cpa 1141 08-8513U.01.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No. 08-8513U,01 CPA No. 1141 Canal No, L-30 June 17, 2008 Page 2 of 5 9.lt is not the intention of this Permit Agreement to approve of the construction methods for the installation of the herein approved utility crossing. It shall be the responsibility of the Permittee's contractor installing the above described facility to maintain the continuous uninterrupted free flow of water in the canal. It shall further be the duty of the Permittee to obtain the approval of LWDD for any construction methods which would be contrary to the above. The Permittee shall also be responsible for the installation of silt screens and/or turbidity barriers as necessary to maintain the clarity of the water. FAILURE TO COMPLY WITH WRITTEN NOTICE OF A VIOLATION OF THIS PARAGRAPH SHALL, AFTER FIVE (5) WORKING DAYS, AUTOMATICALLY VOID THIS CONDITIONAL PERMIT AGREEMENT. 10. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, City shall indemnify, defend and hold harmless LWDD against any actions, claims, or damages arising out of City's negligence in connection with this agreement, and LWDD shall indemnify, defend and hold harmless City against any actions, claims, or damages arising out of LWDD'S negligence in connection with this agreement The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set forth in Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's, or any third party's negligent, willful or intentional acts or omissions, 11, The address appearing beneath the Permittee's signature shall, for notice purposes, be considered as the permanent mailing address of said Permittee unless LWDD has been notified of a change of address in writing. ahplsjwlcity of boynton cpa 1141 08-8513U 01.doc Rev 1 11 08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No. 08-8513U.01 CPA No. 1141 Canal No. L-30 June 17, 2008 Page 3 of 5 LWDD ACCEPTANCE: IN WITNESS WHEREOF, the parties hereto have hereunto set their hand(s) and seal(s) this day of ,2008. WITNESSES: LAKE WORTH DRAINAGE DISTRICT By: (1) Witness Signature President, Board of Supervisors James M, Alderman Printed Name Attest: (2) Witness Signature Secretary, Ronald L. Crone ~ Printed Name 13081 Military Trail Delray Beach, FL 33484-1105 LWDD NOT ARIZA TION STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgements, personally appeared JAMES M. ALDERMAN and RONALD L. CRONE, the President and Secretary, respectively, of the LAKE WORTH DRAINAGE DISTRICT, and that they severally acknowledged executing the same under authority duly vested in them by said District and that the seal affixed thereto is the true seal of said District. WITNESS my hand and official seal in the county and state last aforesaid this _ day of ,2008. NOTARY PUBLIC - State of Florida Joann M. Aylor My Commission Expires: ahplsjw\city of boynton cpa 1141 08-8513U.01.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No. 08-8513U,01 CPA No. 1141 Canal No. L-30 June 17, 2008 Page 4 of 5 PERMITTEE ACCEPTANCE: (COMPLETE ALL INFORMATION) City of Bovnton Beach (1) Witness Signature Company or Agency Name By: Printed Name Signature of Authorized Personnel Printed Name and Title (2) Witness Signature Business Mailing Address Printed Name Business Mailing Address (cont'd) PERMITTEE NOT ARIZA TION STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , the of ' He / She is personally known to me or has produced as identification, and who did (did not) take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the_ day of _ ,2008. Notary Public Notary Stamp or Seal This permit is issued in duplicate. Please sign both copies and return both copies to LWDD for signature, The permit is valid only after both the Permitter and Permittee have signed. Construction in LWDD rights-of-way prior to receiving the executed permit is not allowed. The Permittee must have a copy of the fully executed permit posted at the jobsite prior to any construction. Failure to comply may result in the jobsite being shut down. ahplsjw\city of boynton cpa 1141 08-8513U01 doc Rev - 1 08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No. 08-8513U.01 CPA No. 1141 Canal No. L-30 June 17, 2008 Page 5 of 5 EXHIBIT 'A' To construct one aerial pile supported 24-inch Force Main crossing the L-30 Canal 45 feet +/- west of the CSX Railroad Bridge (Section 5, Township 46S, Range 43E) with a minimum low member elevation of 15.20 N.G.V.O. (1929) over the open channel area of the canal and a minimum depth of cover of 36-inches elsewhere in the L-30 Canal right-of-way. Said crossing shall be constructed as shown on the plans designed, signed and sealed by James W. Richie, P.E. of the Wantman Group, Inc. and submitted by same for the City of Boynton Beach, (Sheets G-2, 3 & 4, FM-2 & 3 and 0-1 through 0-5 along with P-1 & 2), Eng. No. 407667.01. ahplsjw\city of boynton cpa 1141 08-8513U.01.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484-1105 (561) 498-5363 or 737-3835 Fax: (561) 495-9694 LWDD Permit No. 08-8513U.01 CPA No, 1141 Canal No. L-30 June 17, 2008 Page 1 of 5 CONDITIONAL PERMIT AGREEMENT WHEREAS, City of Bovnton Beach, hereinafter called Permittee, has requested from the LAKE WORTH DRAINAGE DISTRICT, hereinafter called LWDD, a temporary Conditional Permit to construct and maintain the facility described on the attached Exhibit 'A', subject, however, to the following conditions: 1. Permittee shall pay a non-refundable fee in the amount of $1500.00, 2. In the event it becomes necessary for LWDD to expand or further utilize its facilities within its right-of-way, the Permittee shall after reasonable notice (the same not to exceed sixty (60) days,) effect such removal of the permitted facility as LWDD may reasonably require from time to time so as to allow and not delay LWDD canal or right-of-way improvements and further, the Permittee shall maintain in good safe operating condition the facility permitted and involved herein, 3. This agreement may never be assigned without the written consent of the LWDD. 4. Upon the full and complete execution of this instrument, LWDD acknowledges receipt of payment and grants the requested Conditional Permit and Permittee agrees to effect and complete, at no cost to the LWDD, the installation involved herein within six (6) months from the date of this instrument. 5. Permittee may, at its sole expense, modify the facility involved and installed herein under the condition that same does not unreasonably interfere with LWDD'S use of its right-of-way and under the condition that the plans and specifications for such modification have been approved in writing by LWDD. Such modification to be accomplished with no further payment to LWDD, 6. No sampling points, corporation stops (air release valves), valve boxes or other appurtenances will be permitted within the LWDD right-of-way unless specifically shown and dimensioned on the plans and designed to withstand the normal and routine maintenance of the LWDD. 7. Forty-eight (48) hour notice will be given to LWDD prior to the commencement of construction activity. 8, Facilities backfilled prior to receiving LWDD approval will be uncovered for visual inspection. ahplsjwlcity of boynton cpa 1141 08-8513U 01.doc Rev', 11 08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No. 08-8513U.01 CPA No. 1141 Canal No. L-30 June 17, 2008 Page 2 of 5 9.lt is not the intention of this Permit Agreement to approve of the construction methods for the installation of the herein approved utility crossing. It shall be the responsibility of the Permittee's contractor installing the above described facility to maintain the continuous uninterrupted free flow of water in the canal. It shall further be the duty of the Permittee to obtain the approval of LWDD for any construction methods which would be contrary to the above. The Permittee shall also be responsible for the installation of silt screens and/or turbidity barriers as necessary to maintain the clarity of the water. FAILURE TO COMPLY WITH WRITTEN NOTICE OF A VIOLATION OF THIS PARAGRAPH SHALL, AFTER FIVE (5) WORKING DAYS, AUTOMATICALLY VOID THIS CONDITIONAL PERMIT AGREEMENT. 10. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, City shall indemnify, defend and hold harmless LWDD against any actions, claims, or damages arising out of City's negligence in connection with this agreement, and LWDD shall indemnify, defend and hold harmless City against any actions, claims, or damages arising out of LWDD'S negligence in connection with this agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set forth in Florida Statutes Section 768.28, nor shall the same be construed t6 constitute agreement by either party to indemnify the other party for such other party's, or any third party's negligent, willful or intentional acts or omissions. 11. The address appearing beneath the Permittee's signature shall, for notice purposes, be considered as the permanent mailing address of said Permittee unless LWDD has been notified of a change of address in writing. ahplsjwlcity of boynton cpa 1141 08-8513U.01.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No. 08-8513U,01 CPA No. 1141 Canal No. L-30 June 17, 2008 Page 3 of 5 LWDD ACCEPTANCE: IN WITNESS WHEREOF, the parties hereto have hereunto set their hand(s) and seal(s) this day of ,2008. WITNESSES: LAKE WORTH DRAINAGE DISTRICT By: (1) Witness Signature President, Board of Supervisors James M. Alderman Printed Name Attest: (2) Witness Signature Secretary, Ronald L. Crone '~~ Printed Name 13081 Military Trail Delray Beach, FL 33484-1105 LWDD NOT ARIZA TION STATE OF FLORI DA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgements, personally appeared JAMES M. ALDERMAN and RONALD L. CRONE, the President and Secretary, respectively, of the LAKE WORTH DRAINAGE DISTRICT, and that they severally acknowledged executing the same under authority duly vested in them by said District and that the seal affixed thereto is the true seal of said District. WITNESS my hand and official seal in the county and state last aforesaid this _ day of ,2008. NOTARY PUBLIC - State of Florida Joann M. Aylor My Commission Expires: ahplsjwlcity of boynton cpa 1141 08-8513U 01.doc Rev' 11 08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No. 08-8513U.01 CPA No. 1141 Canal No. L-30 June 17,2008 Page 4 of 5 PERMITTEE ACCEPTANCE: (COMPLETE ALL INFORMATION) City of Boynton Beach (1) Witness Signature Company or Agency Name By: Printed Name Signature of Authorized Personnel Printed Name and Title (2) Witness Signature Business Mailing Address Printed Name Business Mailing Address (cont'd) PERMITTEE NOT ARIZA TION STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , the of . He I She is personally known to me or has prod uced as identification, and who did (did not) take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the_ day of_ ,2008. Notary Public Notary Stamp or Seal This permit is issued in duplicate. Please sign both copies and return both copies to LWDD for signature, The permit is valid only after both the Permitter and Permittee have signed. Construction in LWDD rights-of-way prior to receiving the executed permit is not allowed. The Permittee must have a copy of the fully executed permit posted at the jobsite prior to any construction. Failure to comply may result in the jobsite being shut down. ahplsjw\cityof boynton cpa 1141 08-8513U.01.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No. 08-8513U.01 CPA No. 1141 Canal No, L-30 June 17, 2008 Page 5 of 5 EXHIBIT 'A' To construct one aerial pile supported 24-inch Force Main crossing the L-30 Canal 45 feet +/- west of the CSX Railroad Bridge (Section 5, Township 46S, Range 43E) with a minimum low member elevation of 15.20 N.G.V.O. (1929) over the open channel area of the canal and a minimum depth of cover of 36-inches elsewhere in the L-30 Canal right-of-way. Said crossing shall be constructed as shown on the plans designed, signed and sealed by James W. Richie, P.E. of the Wantman Group, Inc. and submitted by same for the City of Boynton Beach, (Sheets G-2, 3 & 4, FM-2 & 3 and 0-1 through 0-5 along with P-1 & 2), Eng. No. 407667.01. ahplsjwlcity of boynton cpa 1141 08-8513U.01 doc Rev 1 08 LAKE WORTH DRAINAGE DISTRICT LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484-1105 (561) 498-5363 or 737-3835 Fax: (561) 495-9694 CONSTRUCTION PERMIT June 23, 2008 Mr. Kofi A Boateng, P,E. City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: City ot Boynton Beach - 24-lnch Regional Force Main; Underground Crossing ot the L-29 Canal through an Unexcavated Section; East ot the E-3%E Right-ot-Way; Neptune Drive and Thor Drive; 5/46/43 LWDD Canal No. L-29 LWDD Permit No. 08-8532U.01 Dear Mr. Boateng: Lake Worth Drainage District (hereinafter referred to as II LWDD") approves the construction plans prepared by The Wantman Group for the City of Boynton Beach, subject to the following conditions: ( ) Permittee shall reconstruct canal(s) to approved design section along and adjacent to the project's limits, including clearing and proper sloping of the maintenance berms, The cleared canal berms and side slopes shall be stabilized. Type of stabilization shall be approved by LWDD. The permitted construction shall be completed prior to any building activity adjacent to LWDD rights-of-way, Please be advised that any fill material scheduled to be removed from the canal may not be relied on for site work. (X) Permittee is to construct any sidewalk or pathway that is proposed within LWDD's rights-of-way with six-inch (6") thick concrete, or to meet LWDD approved alternate loading and material(s), The LWDD will not be held responsible or liable for any damage to the sidewalk or pathway resulting from LWDD operations and maintenance procedures, or any property damage or personal injury resulting from any sidewalk or pathway damage. All repairs are to be the responsibility of the Permittee. (X) Permittee or Permittee's representative shall notify the LWDD inspection Department forty-eight (48) hours prior to any work within LWDD rights-of-way to coordinate the extent of work to be completed. All facilities needing inspection must be observed prior to backfilling. (X) Permittee shall restore LWDD's right-of-way to its original or better condition where disturbed by construction activity, (X) LWDD cannot accept any water from dewatering either on or off-site until written notification of approval from South Florida Water Management District has been submitted to this office. (X) It shall be the responsibility of the Permittee to locate and protect any underground facilities within LWDD's rights-of-way prior to construction. ahp\sjw\08-8532U.01 cy of boynton construction permit.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No.08-8532U,01 Canal No. L-29 June 23, 2008 Page 2 of 3 (X) Permittee shall take all reasonable precautions necessary to prevent turbidity or silting upstream or downstream during construction. ( ) At the time of installation, a permanent benchmark shall be established on top of the control structure(s) with the elevation c1earlv defined. (X) All underground installations in LWDD rights-of-way must have a minimum depth (cover) of thirty- six inches (36"). All underground utilities placed within the LWDD's canal rights-of-way must be identified with LWDD approved permanent witness markers identifying utility type and location (X) Should any valves or valve boxes be permitted in LWDD's rights-of-way, they shall have a minimum HS-20 (traffic bearing) load rating. (X) Permittee shall submit "record drawings" within sixty (60) days of project completion, Drawings should show, as a minimum, perimeter grading at or above the design storm and control structure elevations. Failure of the Permittee to provide these drawings within the time specified may result in LWDD requesting that all jurisdictional agencies withhold their final approval until the drawings are received and approved. ( ) Permittee must submit "project certification" within sixty (60) days of project completion. (X) Permittee shall obtain any and all permits required by EPA, FDEP, USACE, FDOT, SFWMD, Palm Beach County, and/or any municipality that may be involved, prior to the commencement of any construction. ( ) Permittee agrees that the stormwater discharge authorized by this permit shall comply with all applicable provisions of Part IV of Chapter 373, Florida Statutes, as well as applicable management and storage of surface water rules, including but not limited to, 40E-4.301, 40E- 400.215, and 40E-400.315, Florida Administrative Code, and Section 5.2 of the SOUTH FLORIDA WATER MANAGEMENT DISTRICT basis of Review, All costs of correcting any violations of SOUTH FLORIDA WATER MANAGEMENT DISTRICT law and rules shall be the exclusive obligation of Permittee. (X) All unpermitted drainage facilities installed before or during construction shall be removed prior to the project's final acceptance. ( ) Permittee has provided a bond in favor of LWDD in the amount of 110% of the cost of the pipe and its installation. Bond will be released upon issuance of final inspection by LWDD and Permittee's submittal of "record drawings" to LWDD. (X) Permittee agrees that significant construction must start within one year to the date of permit issuance or this permit is void and a new permit must be applied for prior to any construction activity on site. The new application must meet current operating policies. (X) The Permittee, assigns, or successors in title agree to operate and maintain the facility/system in perpetuity, In consideration of and by acceptance of the permit issued by the LWDD, the undersigned agrees to perform the above. Further, each party shall be liable for its own actions and negligence and, to the extent permitted by law, City shall indemnify, defend and hold harmless LWDD against any actions, claims, or damages arising out of City's negligence in connection with this agreement, and LWDD shall indemnify, defend and hold harmless City against any actions, claims, or damages arising out of LWDD'S negligence ahp\sjw\08-8532U.01 cy of boynton construction permit.doc Rev ~ 11 08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No.08-8532U.01 Canal No. L-29 June 23, 2008 Page 3 of 3 in connection with this agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set forth in Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's, or any third party's negligent, willful or intentional acts or omissions. This permit shall expire two (2) years from issuance date, should construction fail to be completed. During the duration of this permit, Permittee shall at all times provide LWDD access through LWDD right(s)-of-way, PERMITTER: PERMITTEE: (COMPLETE ALL INFORMATION) LAKE WORTH DRAINAGE DISTRICT Municipality or Agency Name By: By: Ronald L. Crone, Manager Signature of Authorized Personnel Printed Name and Title Business Mailing Address Business Mailing Address (cont'd) PERMITTEE NOT ARIZA TION STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , the of He I She is personally known to me or has produced as identification, and who did (did not) take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the_ day of , 2008. Notary Public Notary Stamp or Seal This permit is issued in duplicate. Please sign both copies and return both copies to LWDD for signature, The permit is valid only after both the Permitter and Permittee have signed. Construction in LWDD rights-of-way prior to receiving the executed permit is not allowed. The Permittee must have a copy of the fully executed permit posted at the jobsite prior to any construction. Failure to comply may result in the jobsite being shut down. ahp\sjw\08-8532U.01 cy of boynton construction permit.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484-1105 (561) 498-5363 or 737-3835 Fax: (561) 495-9694 CONSTRUCTION PERMIT June 23, 2008 Mr. Kofi A. Boateng, P.E. City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: City of Boynton Beach - 24-lnch Regional Force Main; Underground Crossing of the L-29 Canal through an Unexcavated Section; East of the E-3%E Right-of-Way; Neptune Drive and Thor Drive; 5/46/43 LWDD Canal No. L-29 LWDD Permit No. 08-8532U.01 Dear Mr. Boateng: Lake Worth Drainage District (hereinafter referred to as "LWDD") approves the construction plans prepared by The Wantman Group for the City of Boynton Beach, subject to the following conditions ( ) Permittee shall reconstruct canal(s) to approved design section along and adjacent to the project's limits, including clearing and proper sloping of the maintenance berms. The cleared canal berms and side slopes shall be stabilized. Type of stabilization shall be approved by LWDD, The permitted construction shall be completed prior to any building activity adjacent to LWDD rights-of-way. Please be advised that any fill material scheduled to be removed from the canal may not be relied on for site work. (X) Permittee is to construct any sidewalk or pathway that is proposed within LWDD's rights-of-way with six-inch (6") thick concrete, or to meet LWDD approved alternate loading and material(s). The LWDD will not be held responsible or liable for any damage to the sidewalk or pathway resulting from LWDD operations and maintenance procedures, or any property damage or personal injury resulting from any sidewalk or pathway damage. All repairs are to be the responsibility of the Permittee. (X) Permittee or Permittee's representative shall notify the LWDD inspection Department forty-eight (48) hours prior to any work within LWDD rights-of-way to coordinate the extent of work to be completed. All facilities needing inspection must be observed prior to backfilling. (X) Permittee shall restore LWDD's right-of-way to its original or better condition where disturbed by construction activity. (X) LWDD cannot accept any water from dewatering either on or off-site until written notification of approval from South Florida Water Management District has been submitted to this office. (X) It shall be the responsibility of the Permittee to locate and protect any underground facilities within LWDD's rights-of-way prior to construction. ahp\sjw\08-8532U.01 cy of boynton construction permit.doc Rev ~ 11 08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No.08-8532U.01 Canal No. L-29 June 23,2008 Page 2 of 3 (X) Permittee shall take all reasonable precautions necessary to prevent turbidity or silting upstream or downstream during construction. ( ) At the time of installation, a permanent benchmark shall be established on top of the control structure(s) with the elevation c1earlv defined. (X) All underground installations in LWDD rights-of-way must have a minimum depth (cover) of thirty- six inches (36"). All underground utilities placed within the LWPD's canal rights-of-way must be identified with LWDD approved permanent witness markers identifying utility type and location, (X) Should any valves or valve boxes be permitted in LWDD's rights-of-way, they shall have a minimum HS-20 (traffic bearing) load rating. (X) Permittee shall submit "record drawings" within sixty (60) days of project completion. Drawings should show, as a minimum, perimeter grading at or above the design storm and control structure elevations. Failure of the Permittee to provide these drawings within the time specified may result in LWDD requesting that all jurisdictional agencies withhold their final approval until the drawings are received and approved. ( ) Permittee must submit "project certification" within sixty (60) days of project completion. (X) Permittee shall obtain any and all permits required by EPA, FDEP, USACE, FOOT, SFWMD, Palm Beach County, and/or any municipality that may be involved, prior to the commencement of any construction. ( ) Permittee agrees that the stormwater discharge authorized by this permit shall comply with all applicable provisions of Part IV of Chapter 373, Florida Statutes, as well as applicable management and storage of surface water rules, including but not limited to, 40E-4.301, 40E- 400.215, and 40E-400,315, Florida Administrative Code, and Section 5.2 of the SOUTH FLORIDA WATER MANAGEMENT DISTRICT basis of Review. All costs of correcting any violations of SOUTH FLORIDA WATER MANAGEMENT DISTRICT law and rules shall be the exclusive obligation of Permittee, (X) All unpermitted drainage facilities installed before or during construction shall be removed prior to the project's final acceptance. ( ) Permittee has provided a bond in favor of LWDD in the amount of 110% of the cost of the pipe and its installation. Bond will be released upon issuance of final inspection by LWDD and Permittee's submittal of "record drawings" to LWDD, (X) Permittee agrees that significant construction must start within one year to the date of permit issuance or this permit is void and a new permit must be applied for prior to any construction activity on site. The new application must meet current operating policies. (X) The Permittee, assigns, or successors in title agree to operate and maintain the facility/system in perpetuity. In consideration of and by acceptance of the permit issued by the LWDD, the undersigned agrees to perform the above, Further, each party shall be liable for its own actions and negligence and, to the extent permitted by law, City shall indemnify, defend and hold harmless LWDD against any actions, claims, or damages arising out of City's negligence in connection with this agreement, and LWDD shall indemnify, defend and hold harmless City against any actions, claims, or damages arising out of LWDD'S negligence ahp\sjw\08-8532U.01 cy of boynton construction permit.doc Rev. 1.11.08 LAKE WORTH DRAINAGE DISTRICT LWDD Permit No.08-8532U,01 Canal No. L-29 June 23, 2008 Page 3 of 3 in connection with this agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set forth in Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's. or any third party's negligent, willful or intentional acts or omissions. This permit shall expire two (2) years from issuance date, should construction fail to be completed During the duration of this permit, Permittee shall at all times provide LWDD access through LWDD right(s)-of-way. PERMITTER: PERMITTEE: (COMPLETE ALL INFORMATION) LAKE WORTH DRAINAGE DISTRICT Municipality or Agency Name By: By: Ronald L. Crone, Manager ;f Signature of Authorized Personnel Printed Name and Title Business Mailing Address Business Mailing Address (cont'd) PERMITTEE NOTARIZATION STATE OF FLORI DA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared the of He / She is personally known to me or has produced as identification, and who did (did not) take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the_ day of 2008. Notary Public Notary Stamp or Seal This permit is issued in duplicate. Please sign both copies and return both copies to LWDD for signature. The permit is valid only after both the Permitter and Permittee have signed. Construction in LWDD rights-of-way prior to receiving the executed permit is not allowed, The Permittee must have a copy of the fully executed permit posted at the jobsite prior to any construction. Failure to comply may result in the jobsite being shut down. ahp\sjw\08-8532U.01 cy of boynton construction permit.doc Rev 1 1108 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.4. AGENDA ITEM REQUEST FOR1,_ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 16, 2008 September 2,2008 (Noon) o November 18, 2008 November 3,2008 (Noon) 0 October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve via resolution the First Addendum to Extension and Amendment to Agreement with the City of Boynton Beach and Paul W. Smith Enterprises, Inc. d/b/a Boynton Transit Advertising Company. EXPLANATION: On August 5,1997 the City entered into an Agreement with Paul W. Smith of Boynton Transit Advertising for the installation and maintenance of bus shelters and bus benches. Currently the Extension and Amendment to the Agreement approved by Commission on July 15,2003 allows for twenty-five (25) bus shelters and 55 bus benches. Mr. Smith is requesting to lift the number requirement allowing for unlimited numbers of bus shelters and bus benches. Staff agrees with his request and as outlined in the Agreement Mr. Smith must obtain permission and any required easements and/or permits prior to erecting any bus shelter or bus bench. In addition, the advertising benefits local business and merchants and will increase the revenue paid to the City (10% of advertising fee). It should be noted that the expansion of bus shelters also is a very significant step towards addressing Item III.E.2.c, in the final policy statement of the Boynton Beach Assembly dated October 2006. This policy statement focuses on neighborhood revitalization by improving bus stops. Although the statement is somewhat vague in its intended goal, there is no doubt that additional bus shelters are a definite improvement to the appearance of bus stops and provide shelter from poor weather conditions for transit passengers. PROGRAM IMP ACT: Allows for more shelters so residents have a place to wait for a bus and increases the revenue share to the City. FISCAL IMP ACT: Increases revenue paid to the City (10% of advertising fee). AL TERN A TIVES: Not to increase the number of shelters. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ) ~/VVe/L~~<-- ._-,- City Manager's Signature Assistant to City Manager ~ /nj/ ithfb \.~ -- Li /1 C Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I! , I: I I' I I .1 RESOLUTION NO. R08- 1 , 2 I I 3 I 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE 6 EXECUTION OF A FIRST ADDENDUM TO 7 EXTENSION AND AMENDMENT TO AGREEMENT 8 BETWEEN THE CITY OF BOYNTON BEACH AND 9 PAUL W. SMITH ENTERPRISES, IN c., D/B/A 10 BOYNTON TRANSIT ADVERTISING; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on August 5, 1997, by Resolution No. R97-129, the City Commission 15 approved an agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit 16 Advertising, providing for bus shelters and benches throughout the City; and 17 WHEREAS, Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit Advertising has 18 requested to lift the number requirement allowing for unlimited numbers of bus shelters and 19 bus benches. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1, The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 eing true and correct and are hereby made a specific part of this Resolution upon adoption 24 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 ereby approve, and authorizes the City Manager to execute the First Addendum to Extension 27 nd Amendment to Agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit 28 dvertising, a copy of which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage, :\CA\RESO\Agreements\Boynton Transit Ext First Addendum.doc II t I i I \ , ! I 1 ' I PASSED AND ADOPTED this day oj .\ugUSl. :2008. I' 2 CITY OF BO)'NTON BEACH. FLORID,\ 3 ! 4 5 ~-_._-~--~------~---_..,---_.~.,----- 6 Mayor- Jerr~ Taylor 7 8 9 -. 10 Vice Mayor. Jose Rodriguez 11 12 13 14 Commissioner- Ronald Weiland 15 16 17 ----~---~-~- -'--'~._-~- ---~ --,~ 18 Commissioner- Woodrow L. Hay 19 20 21 .- -- 22 ATTEST: Commissioner Marlene Ross 23 24 25 26 27 --'. -~.-- 28 Janet M. Prainito, CMC 29 City Clerk 30 31 32 Corporate Seal) ICAIRESO\Agreements\Boynton Transit Ext First Addendum doc FIRST ADDENDUM TO EXTENSION AND AMENDMENT TO AGREEMENT This is a First Addendum dated the _ day of , 2008, between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and PAUL W. SMITH ENTERPRISES, INC., d/b/a BOYNTON TRANSIT ADVERTISING COMPANY, a Florida corporation, its successors and assIgns, hereinafter referred to as "CO MP ANY." WHEREAS, on August 5, 1997, by Resolution No. R97-129, the City Commission of the City of Boynton Beach authorized the proper City officials to execute an Agreement with COMP ANY providing for bus shelters and benches throughout the City, said Agreement dated August 8, 1997 ("Agreement"); and WHEREAS, on July 15,2003, by Resolution No. R03-122, the City Commission of the City of Boynton Beach approved an Extension and Amendment to the Agreement dated August 5, 1997 to extend the term of the Agreement and to provide for additional shelters and benches; and WHEREAS, CITY and COMPANY mutually agree to remove the restriction as to the number of bus shelters and benches that can be erected by COMPANY; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. Section 2, Section 1.5, "Ownership and Location," subsection A, ofthe Agreement is hereby amended as follows: A. CITY grants COMPANY the right to construct, erect, and maintain bus shelters and benches within the City of Boynton Beach at specifically designated locations within the City of Boynton Beach along the transit systems' bus routes and places of public convenience. COMPANY may erect bus shelters and benches upon S:\CA\AGMTS\Boynton Transit Addendum 2008.doc - 1 - the road rights-of-\vay or on private property. provided the COMP AN'{ obtains any requircd easemcnts, lease or license agreements with the propert) u\\ner ofthe sitc. CITY. to the extent of its ownership of the sitc. shall reasonably exccute such easements, leases, or license agreements tn effectuate COMP:,\]\;'{'S use ufthe site, All conveyance documents shall be in a form approved by the City Attorney of CITY. Section 3, In all other respects the original Agreement between the parties dated August 8. 1997. and all amendments thereto are hereby ratified. reaffirmed and shall remain in full force and effect as provided by their terms. IN WITNESS OF THE FOREGOING. the parties have set their hands and seals the da) and vear tirst written above. WITNESSES: CITY OF BOYNTON BEACH Bv --~. - ~~- ...~.~.._- -~--~ .- --~---.- Jerry Taylor. Mayor .. _. ------- -----~- BL Kurt Bressner. City Manager (CORPORi\ TE SEAl) :\ TTEST: Janet M, Prainito, CMC City Clerk Approved as to form: ._~~_.- James A. Cherof City Attorney S'\CA,AGMTS',Bc:,rntDD 'Transit Addendum LOU8.doc " L WITNESSES: PAUL W. SMITH ENTERPRISES, INC. By Paul W. Smith, President [Witness-print or type name] (CORPORATE SEAL) ST A TE OF FLORIDA: COUNTY OF BROW ARD: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared before me this , 2008, Paul W. Smith as President of PAUL W. SMITH ENTERPRISES, INC., a Florida corporation, and acknowledged he executed the foregoing Extension and Amendment as the proper official of PAUL W. SMITH ENTERPRISES, INC., for the use and purposes mentioned in it and he affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. (SEAL) Notary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Typed, Printed or Stamped My Commission Expires: Commission Number S:\CA\AGMTS\Boynton Transit Addendum 2008.doc - 3 - VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.5 AGENDA ITEM REQUEST FOR1h Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Tumed Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office ~ August 19,2008 August 4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) n 0 ("")=i o September 16, 2008 o November 18,2008 o:t ::::{-< September 2, 2008 (Noon) November 3, 2008 (Noon;b. -<0 c= o October 7, 2008 o December 2, 2008 G"') n'"T1 September 15,2008 (Noon) November 17, 2008 (Noo'l) reo 1""'10 - ::0-< -0 ~z (I}-4 0 AnnouncementslPresentations 0 City Manager's Report :Jl: 00 ca .."z NATURE OF 0 Administrative 0 New Business .."m -1"'1 - ('")> AGENDA ITEM ~ Consent Agenda 0 Legal '-'> fTlC") 0 0 :c Code Compliance & Legal Settlements Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve and authorize the execution of a Resolution approving Task Order No. U08-7- 03 in the amount of $32,936 to Erdman Anthony of Florida, Inc., to provide professional engineering services for Section B of the Raw Water Main Interconnect project. Additionally, approve an owner's contingency of 10% in the amount of $3,294 for a total budget appropriation of $36,230. EXPLANATION: The Business Case Evaluation for Water Supply Strategy, completed in February 2007, included the interconnection of the East and West wellfields by construction of a 6-mile long raw water main as one of the City's most critical water supply projects over the next 5 years. To expedite the design and permitting of the project, the 6-mile water main has been divided into 3 sections, so that each section can be designed, permitted, bid and constructed concurrently (rather than sequentially) with the others. Although this will take more effort to coordinate, it will significantly shorten the implementation schedule, and allow the City to have this line in place sometime in 2011. The task order under consideration involves the pre-design activity of route selection in Section B as shown on the map on page 1 of the task order. It will evaluate two alternate routes within this section B, reviewing the location of existing utilities, landscaping, and other obstacles when considering permitting and constructability features of the pipeline along each of the alternate routes before proceeding to firm design. Section B comprises the area between Military Trail and Congress Ave., with the alternate routes being within either the Woolbright Road or Golf Road public right-of-way. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: This project is a critical portion of the City's future water supply improvements program, which include the construction of the raw water main interconnection between the East and West wellfields, the construction of ion exchange resin treatment units to pre-treat the water from the West wellfield, and a transfer pumping station to move the partially treated water from the West Water Plant to the East Water Plant. FISCAL IMPACT: The cost for this route evaluation and selection phase of the project is $32,936, plus the 10% contingency, for a total commitment of $36,230. This project is included in the Capital Improvement Program budget, and funds are available in account no. 404-5000-590-96-01 (WTR 136). AL TERNA TIVES: None. l'his projf~ct is required to meet the future demands of the lervice area. ('tr ~~~ ~.wt{12~L Department Head's Signature 1 City Manager's Signature Kofi A. Boateng, P.E. Kurt Bressner Utilities Department Name City Attorn Attachment - Three (3) Original Task Order copies cc: ~. Mazzella, Deputy Director of Utilities Barb Conboy, Manager, Utilities Administration & Finance C. Roschek, P.E., Engineering Division Manager Karen Riseley, Contract Administrator File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 T ASK ORDER NO. U08-7-03 IN THE AMOUNT OF I 6 $32,936.00 WITH A 10% OWNER'S CONTINGENCY ! 7 OF $3,294.00 FOR A TOTAL BUDGET 8 APPROPRIA TION OF $36,230.00 WITH ERDMAN 9 ANTHONY OF FLORIDA, INC., TO PROVIDE 10 PROFESSIONAL ENGINEERING SERVICES FOR 11 SECTION B OF THE RAW WATER MAIN 12 INTERCONNECT PROJECT; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, the Business Case Evaluation for Water Supply Strategy included the 17 interconnection of the East and West wellfields by construction of a 6-mile long raw water 18 main as one of the City's most critical water supply projects over the next 5 years; and 19 WHEREAS, Task Order #U08-7-03 with Erdman Anthony of Florida, Inc., involves 20 the pre-design activity of route selection in Section B and will evaluate two alternate routes 21 within this Section B; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon 23 recommendation of staff, deems it to be in the best interest of the citizens of the City of 24 Boynton Beach to authorize execution of Task Order U08-7-03 in the amount of $32,936.00 25 with an additional owner's contingency of $3,294.00 for a total budget appropriation of 26 $36,230,00 to Erdman Anthony of Florida, Inc., for professional engineering services for 27 Section B of the Raw Water Main Interconnect project. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ICAIRESOlAgreementslTask - Change OrderslErdman Anthony-Task Order U08-7-03doc i I I' I I I I I I 1 I Section 1. The foregoing" Whereas" clauses are hereby ratilied and con firmed a~ 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. I I 41 Section 2. The City Commission of the City of Boynton Beach. Florida does 5 hereby authorize and direct the approval and execution of Task Order U08-7 -U~ in the 6 amount of $32,936.00 with an additional owner's contingency of $3.294.00 fc)r a total 7 budget appropriation of $36.230.00 to Erdman Anthony of Florida. Inc.. for professional 8 engineering services for Section B of the Raw Water Main Interconnect project. a l'Op~ of 9 which is attached hereto as Exhibit ""A" 10 Section 3, This Resolution shall become effective immediately upon passage. 11 PASSED AND ADOPTED this day of August. 2008. 12 13 CITY OF BOYNTON BEACH. FLORIDA 14 15 ._~._- ~~ ~.- ._.__._~----_._- 16 Mayor - Jerry Taylor 17 18 --~-~ _~ _n. 19 Vice Mayor - Jose Rodriguez 20 21 --~.._----~~- 22 Commissioner - Ronald Weiland 23 24 ----.--. ._~-~~-------~-- 25 Commissioner -- Woodrov, L. Hay 26 27 ~_._._._.- 28 Commissioner - Marlene Ross 29 ATTEST: 30 31 32 Janet M. Prainito, CMC 33 City Clerk 34 35 (Corporate Seal) -I S.\CA\RESO\Agreements\Task Change Orders\Erdman Anthony Task Order U08-7..03 doc II Task Order No. U08-7-3 Raw Water Main Interconnect - Section B A. Background The City has capacity to treat more raw water at its East Water Treatment Plant (EWTP); however they the raw water must be transported to that East Water Treatment plan from the well fields near the West Water Treatment Plant (WWTP). Therefore, the City desires to interconnect the two water treatment plants. They plan to design and construct this raw water main in four phases: 1. Section A - From the WWTP to Military Trail and Woolbright Road (or Golf Road, if needed). 2. Section B - From Military Trail east to Congress Ave (either down Woolbright Road or down Golf Road) 3. Section C - From Congress Ave to 1-95 (either down Woolbright Road or down Golf Road) 4. Existing Facilities - Under 1-95 to the EWTP down Woolbright Road It is anticipated that a 30" or 36" ductile iron or high density polyethylene water main will be needed for sections A, Band C. This proposal is for the design of Section B which will be investigated in the following two steps: 1. Route analysis and recommendation 2. Design, plans, permitting, assistance during construction, and certification This proposal is for the first phase, the route analysis and recommendation, for Section B, from Military Trail to Congress Ave (either down Woolbright Road or down Golf Road) as shown on the sketch above in the solid green line labeled Section B. TASK ORDER NO.3 - Raw Water Main Interconnect - Section B B Scope of Services for Phase I - Route Analysis The CONSULTANT will investigate the existing conditions and recommend either Alternatiw #1, Golf Road. or Alternative #2 Woolbright Road for the proposed water main between Militar: Trail and Congress A venue. The following items are included: l. Obtain documents of record, where available. related to the existing conditions including utility company record drawings, roadway plans, proposed improvements. right-of-wa: maps. Review available utility plans, atlases. and maps of the area for location of existing utilities. Coordinate the proposed facilities with existing utility alignments In avoid conflicting routings to the extent possible. 2, Perform site investigation activities including a field survey of the project area to verify water line, sanitary sewer, and other utilities locations and alignments are consistent with those shown on utility record drawings. Document surface details such as fences. sidewalks, walls, curbs, vegetation, sign poles, etc, to the extent that they are visible and may be materially affected by the construction of the proposed improvements. 3, Coordinate with the stakeholders regarding the project to include the following: a. City staff b. County roadway department regarding the installation of this water main within their right of way, any future plans for these rights of way. the permit process. maintenance of traffic c. Utility departments regarding relocation of their existing facilities, if needed. Coordination with the up to 8 utilities (such as FPL Bell South, Gas, Cable TV. PBC Traffic) is anticipated. d. The consultants for Sections A and C regarding the connection to those projects at Military Trail and Congress A venue. 4. Review the data and recommend which of the two alternative alignments is preferable. It is anticipated that a decision matrix will be used to conclude which alternative will be preferable with the items to be included in the decision matrix to be determined and weighted during the project and with City staff approval but will likely include items such as: Utility Impacts, Maintenance of Traffic/Public Safety. Constructability/Roadway Impacts. Permitablity, Right of Way Impacts. Community Impacts, Environmental Impacts. and Construction Costs ), Prepare a summary report of the findings and recommendations to include the following: a. Summary of the findings along each of the two alternative corridors to include ;1 listing of the potential conflicts and photographs b. Copies of the record drawings, roadway plans, etc. that are obtained c. A sketch of the key features (on County aerial photographs at I "=200' scale on 1 IxI7 paper) to graphically depict the features found along each of the two corridors with a general alignment indicated d, Recommendations TASK ORDER NO.3 - Raw Water Main Interconnect - Section B 6. Two review meetings with the City staff to present our findings, review our approach to the analysis, decision matrix items and weights, and recommendations. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Amendment and associated fee. Changes and/or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. This analysis will investigate only the east west corridors along Woolbright Road and Golf Road. The north south corridors along Military Trail and/or Congress A venue between Woolbright Road and Golf Road are not included and will be addressed in the alternative analysis performed for Section C. Should Section B be installed along Woolbright and Section C be installed along Golf, an additional 5,000' +/- will be needed for Section C. The impacts of that additional length of water main will be addressed in the route recommendation for Section C and are not included in this proposal. 2. This recommendation will address the general corridor to be designed; however, the exact placement of the proposed pipe within this corridor will need to be designed and determined in the final design phase of the project. 3. The CITY will provide copies of any records in their possession regarding existing facilities in the vicinity (atlases, plans, record drawings, easements, etc.). 4. The following items are not included in this proposal: subsurface utility locations, land survey, geotechnical investigation, title search, cost estimating. 5. No interim booster pump station is included in this Section. 6. This phase is to recommend an alignment only, no final design, plans, permitting, specifications, etc. are included in this Phase 7. Survey and acquisition of any easements are not anticipated and are not included in this Phase. 8. Attendance at public meetings or hearings associated with public involvement or with permits applied for in support of the project is not included in this Phase. 9. The design is to be based on the local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services item. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and Crossroads Engineering & Surveying (Resolution 03-182), assigned to Erdman Anthony of Florida, Inc. on June 15,2004 (Resolution R04-089) and extended by the 3 TASK ORDER NO.3 - Raw Water Main Interconnect - Section B - City Commission on February 21. 2006 (Resolution R06-050) and extended a second time 11\ tlli City Commission on February 19.2008 (Resolution R08-027\. E. Additional Services The following are examples of some specific Additional Services Items that may be required. but are not included within this Task Order. Generally. a condition contrary to the work description in Section B or assumptions of Section C (upon which the design fee is based) is considered an Additional Services item. Examples include: 1. Development of property descriptions of easements, road right-of-ways, etc. Preparation of right-of-way or easement boundary surveys. 2. Threatened or endangered species and species of special concern permitting or relocation work. 3. Archeological/Historical preservation permits. studies, or reports. 4, Analysis of additional corridors, 5. Design modifications to the Construction Contract Documents (i.e.. change orders) required during construction. These and other services can be provided, if desired by the CITY. under separate Task Order(" ! or by an amendment to this Task Order. Services performed will be on an as-directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY 1. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the sewer system, water distribution system and streets within the project as necessary for all the performance of services specified herein. 2, The CITY shall review all drawings and other documents presented by CONSULTANT and obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULTANT. G. Compensation In accordance with the above mentioned Agreement. compensation by the CITY to the CONSULTANT will be on a lump sum basis, The estimated time and compensation for the services described in this Task Order is as shown in Exhibits A attached. H. Schedule The CONSULTANT will commence design and permIttmg services upon receipt of written authorization and will complete all work associated with this Task Order in accordance with the attached schedule shown on Exhibit B, K:IBllsine" Development\Proposals\Boynton Beach\2 Year gcn.conslllt.c(lntract\lntcrconncctISC<lpe.doc .i TASK ORDER NO.3 - Raw Water Main Interconnect - Section B APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this day of ,2008 SUBMITTED BY: ERDMAN ANTHONY OF FLORIDA INC. By: (j Dana I. Gillet ,PE, PSM Principal Associate 5 ERDMAN ~ EXHIBIT A - STAFF-HOUR ESTIMATE Project Name: Raw Water Main Interconnect - Section B ANTHONY .. Date: 5/14/08 Basis of No. of Hours Total Project Project Senior Senior Project Project Senior Senior Total Category litem Estimate Units per Unit Hours Director Engineer Designer Admin. Director Engineer Designer Admin. Support Support $150.00 $120.00 $95.00 $60.00 Phase 1- Route Analysis 1. Records research LS 1 20 20 10% 10% 80% 0% $300.00 $240.00 $1,520.00 $0.00 $2,060.00 2. Field review Mile 4.2 16 67.2 10% 10% 80% 0% $1,008.00 $806.40 $5,107.20 $0.00 $6,921.60 3. Coord - utilities EA 8 3 24 50% 50% 0% 0% $1,800.00 $1,440.00 $0.00 $0.00 $3,240.00 Coord - pbc, city, termini EA 4 8 32 50% 50% 0% 0% $2,400.00 $1,920.00 $0.00 $0.00 $4,32000 4. Analysis Mile 4.2 12 50.4 20% 200/0 60% 0% $1,512.00 $1,209.60 $2,872.80 $0.00 $5,594.40 5. Report LS 1 40 40 10% 30% 30% 30% $600.00 $1,440.00 $1,140.00 $720.00 $3,90000 6. Review meetings EA 2 20 40 100% 00/ 0% 00/ $6,000.00 $0.00 $0.00 $000 $6,00000 /0 /0 --- --- -'_..__._._-,.~-,.. -.- -. Subtotal 273.6 43% 220/0 33% 200 $32,036.00 .- -- ------ t--.. Expenses -" - '~-"~'-" ---.- 1-- $900.00 Total $32,936.00 - .-- -- --- ,. ---.--.. .'.-. ---.. -_.~._~.. .. -.---.-.,.... ..... -"-'-""-'--' ....- - .. -.--. -_.....<- ,. - --. - ." -. ..,...--..-- ,...- -- - Expenses Description Size No. of Sets Sheets per Set Total Units Cost per unit Total Cost Correspondance 8.5"x11 " 1 n/a 500 0.1 $50.00 Plans 11"x17" 50 14 700 0.2 $140.00 Overnight Shipping or local delivery 7 20 $140.00 No. of Trips Miles per Trip Total Miles Mileage 19 50 950 0.6 $570.00 Total $900.00 ERDMAN ~ ANTHONY A EXHIBIT B PROJECT WORK SCHEDULE Task Estimated Duration Estimated Start Completion Description (weeks) Date Date Phase 1- Route Analysis O. Notice to Proceed 0 9/1/2008 9/1/2008 1. Records research 2 9/1/2008 9/15/2008 2. Field review 4 9/8/2008 1 0/6/2008 3. Coordination 4 9/22/2008 10/20/2008 4. Analysis 3 10/20/2008 11/10/2008 5. Report 3 10/30/2008 11 /20/2008 6. City review 3 11/20/2008 12/11/2008 7. Revise and resubmit ~ 12/11/2008 1/1/2009 17.5 The City of Boynton Beach RECEIVED Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Oi1ice: (561) 742-6400 FAX: (561) 742'6298 Website:www.cbbutilities.oTg OCT 1 5 2007 BOYNTON BEACH UTILITIES Attention: Barbara Conboy Manager, Utilities AdministrationIFinance Re: RFQ #065~2821-03/CJD - Second Two~Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and ERDMAN ANTHONY OF FLORIDA, INe. Name of Firm Contract Renewal Period: February 20,2008 through February 21,2010 ~ Yes, 1 agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. - No, I do not wish to renew the contract. ERDMAN ANTHONY OF FLORIDA, INe. SI~REA--~ NAME OF FIRM \)0J\.u. \ 81. \ \et\e ?r\\\U~\ ksoc.h,~ NAME OF REPRESENTATIVE TITLE (please print) \0 \ \d 0 '1 S(O \-1<51-q 12 ~ . . DATE (AREA CODE) TELEPHONE NUMBER (Formerly Crossroad Engineering, Inc.) America's Gateway to the GulfStream , . . ft The City of . Boynton Beach Utilities Department J U E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 712-6451 FAX: (561)742-6298 LETTER OF TRANSMITTAL TO: Crossroads Engineering, Inc. DATE: June 15, 2004 1402 Royal Palm Beach Blvd, Bldg. 500 Royal Palm Beach, FL 33411 Attn: Dana Gillette: RE: Assignment and Assmnption Agreement TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: Copies . Date No. Description 1 Original executed Assignment and Assumption Agreement REMARKS: Please file accordingly. CC: City Clerk - original SIGNED: 4.~ Q ~9o'0'/5-01 . RO~-089 AsSIGNMENT AND AssUMPTION AGREEMENT THIs AsSIGNMENT AND AssUMPTION AGREEMENT, dated ..Ju.n~ 1 ,2004 (the "Assignment"), is made by and among the City of Boynton Beach (the "Assignor"), Crossroads Engineering & Surveying, Inc. ("Crossroads"), and Erdman Anthony of Florida, Inc. (the "Assignee"). WHEREAS, Assignee and Crossroads intend to enter into an agreement (the "Purchase Agreemenf') whereby Assignee will purchase substantially all of the assets of Crossroads, including, without limitation, certain contracts of Crossroads; and WHEREAS, Assignor and Crossroads have entered into that certain Agreement for General Consulting and Engineering Services with the City of Boynton Beach contract dated November 18, 2003, Contract No. R03-182, for services as stated in the attached Agreement for Assignor (the "Services Agreement"), which Services Agreement is attached hereto and made a part hereof as Exhihit A; and WHEREAS, pursuant to the Agreement, Crossroads desires to assign to Assignee, and Assignee desire to assume from Crossroads, the rights and obligations of Crossroads under the Services Agreement; and Now, THEREFO~ the parties hereto agree as follows: l. All of the above recitals are incorporated herein and made a part hereof as if fully rewritten. 2. Assignor does hereby sell, assign and transfer to Assignee, effective as of the Closing Date as defined in the Purchase Agreement (the "Closing Date"), all of Crossroad's right, title and interest, and delegates to Assignee all of the duties of Assignor, under the Services Agreement. This Assignment shall have no effect witil the closing of the transactions contemplated under the Purchase Agreement 3. Assignee hereby assumes and agrees to perform all of Crossroads obligations and liabilities under the Services Agreement arising on or after the Closing Date. 4. Nothing in this Assignment shall otherwise affect Crossroads' obligations arising under the Assignment, including, without limitation, any obligations of indemnification as set forth in the Purchase Agreement. [Signatures on next page.] , . . IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year above first written. AssIGNOR: AsSIGNEE: C ; +-'1 of Bo~mon kH ERDMAN ANTHONY OF FLoRIDAt INc. BY:'~ B~~ Name: . ~A... Name: . " \ . \ Its: Ci~ MAt\02JeA- Its: -Pv"e >'Il'1~\.d- - CROSSROADS ENGINEERlNG & SURVEYING, INc. By; ~ Name: . . "F., P~M Its: Presirlp-nt ''''ROV<o AS TO fOR", ~ . \L":) Cl . ~ cny ATTO"NEY , ' ~ t.}(;)J@11' ^ ~ seeattaC\l.ed. . . . The City of Boynton Beach UtilitieJ Departmelll 124 E, Woolbright Road Boynton Beach, Florida J34JJ Phone (561) 742.645/ FAX' (56/)742-6298 LETTER OF TRANS MITT AL TO: Janet Pranito, City Clerk DATE: December 11, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: Copies Date No. Description 1 Original Agreement - Crossroads Engineering & Surveying, Inc. I Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services - Karen Risel ey SIGNED: U ~ fJ/IOl ~~~~Q~ LETTER OF TRANSMITTAL 1402 Royal Palm Beach Boulevard, Bldg. 500 Royal Palm Beach, FL 33411 Date: December 8, 2003 Phone: 561-753-9723 Fax: 561-753-9724 Job: 03137 RECEIVED www.crossroads-eng.com Re: Contract DEe - 9 2003 To:City of Boynton Beach - Utilities Department BOY""'UTlLlTlES 124 E. Woolbright Rd. Boynton Beach, FL 33435 Attention: Mr. Barbara Conboy WE ARE SENDING YOU VIA: DFAX o Hardcopy transmitted as follows: DTo Be Picked Up Du.s. Mail DOvernight Delivery DHand Delivery DOriginals DBlue Line Prints o Reports DCopy of Letter DSepias DPhotocopies DShop Drawings DDiskettes Number of Copies Each Latest Date Description Sheets 7 1 3/1101 Administrative Policv Manual 1 1 10/1/01 Insurance Advisory Form 6 1 11/18/03 Agreement General Consulting & Engineer 1 1 Infrastruture Improvements 5 1 Exhibit 8 - Classifications 4 1 12/5/03 Insurance Certifications These are transmitted as checked below: ~As Requested DFor your information OFor Approval OFor Corrections DAs we discussed. OFor your use OFor Review and comment DReturned after Loan I REMARKS ------, --J I ___----J CC: Sincerely, Project Number.03137 By c/J~ o General o Pemits D Utilities o Environmental D Geotech o RiW-Survey l:8J Contracts D Proposals o Other: Dana I. Gillette, PE, PSM E:IPROJECTS\Ol J37_Boynton Bea<:hIContract\LOT Contract 12-i-Ol.tIo< Principal If 03-1 f';z AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Crossroads Engineering. Inc.. hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the City issued a Request for Qualifications invitation for Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREASt RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design servicest permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; and WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055, the Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on ,..;0 U . I( , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C to provide general engineering services to the City; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualificationsinvitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true and correct. CA-l 2, PROJECT DESIGNATION. The Consultant is retained by the City to perform general engineering consulting services under a continuing contract with the City whereby the Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on written request by the City, will provide professional engineering services to the City for: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. For engineering work of a specified nature as hereinafter identified in the scope of services and as requested by the City with no time limitation, or D. Design build projects 3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified projects at the request of the City during the tenn of this agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to Consultant are set forth on Exhibit "A" (Exhibit' A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C which will be assigned projects listed on Exhibit "A" and that the CitY has made no representation or promise regarding which projects or the number of projects that will be assigned to Consultant. 4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, unless an extension of such time is granted in writing by the City. 6. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made based on the hourly rates as provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be adjusted in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. - b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. CA-2 d. Payment as provided in this section shall be fuUwmpensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. OWNERSIDP AND USE OF DOCUMENTS, All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made if executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Ally use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of the Consultant, shall be at the City's sole risk. WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City that it is competent to engage in the scope(s) of services contemplated under this agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. Consultant's services.-shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professional practicing under similar conditions. COMPliANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, or liability, or any portion thereot: including reasonable attorneys' fees and costs, arising from, any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kirid, including but not limited to lost profits or use, that may result from this Agreement or out of the services or goods furnished hereunder. INSURANCE. The Consultant shaI1 secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000' aggregate for personal injUry; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in tl1e amount of$I,OOO,Ooo. The general liability policy shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to the City. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting c8Acellation of said policy except upon thirty (30) days prior written notice to the City. Certfficates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. CA-3 INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deduction federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. CONVENANT AGAINST CONTINGENT FEES, The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or ay other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability' or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- WANER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. TERMINATION, a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b, In the event ofthe death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations oftrus agreement between surviving members of the Consultant and the City, if the City so chooses, c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida law. NOTICES. Notices to the, City of Boynton Beach shall be sent to the following address: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: Crossroads Engineering & Surveying, Inc. 1402 Royal Palm Beach Blvd., BId. SOO Royal Palm Beach, FL 33411 INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This . agreement may be amended only by written instrument signed by both City and Consultant. .- CA-5 DATED this ~ day of l-4ovembe..r , 20~, CITY OF BOYNTON BEACH ~ O~~~ Kurt Bressner, City Manager onsultant Attest! Authenticated: ? re S:.'H~Q,I[\'\- Title (Corporate Seal) Attest! Authenticated: -i(::~l {L cUd- S tary 0 , Rev. 04/08/03 CA-6 EXHIBIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . lnterconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station RehabilitationlExpansion & Analysis . Pump SizinglExpansionlI.mprovements . Stormwater Management . Swale and Drainage Development!Improvements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services -- EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourlv RIlt8 IEmDlov...ldentlfled PROJECT DIRECTOR (PRINCIPAL) $130.00 IGlllelle, Dana Qualfficatlons Required: An owner of lhe firm with an engineering degree, a professional engineering Ilcense and at IeS$t 15 years of experience responsible for the overall functioning of the Engineering Division, Technical Qualifications: A fully competent engineer capable of devisin9 nev approaches 10 problems encountered, applying intensive and diverse knowledge 0 engineering principle$ in broad areas and related fields, and demonstrating creativity, foresight, and mature engineering judgment in anticipating and Solving engineering problems. KnCMtedge of AutDCADD or MicroStatlon, Geopac, Excel, Word, and general computer sklHs are also required, SUpervlSDry Responsibilities: Supervise the technical and administrative staffs. RepoltS To: Board of Directors. General Duties: Maintain contacts with key engineers and officials In other orga"i~lions. I demonstrating skill in persuasion and negotiatiOn of critical issues, Coordination with dients, permit agencies, subconsuhants, Ensuring the quality and scheduie of the worl< I product. Participation in mar1tellng and sales presentations. SUpelVlsion of technical staff, Preparation of proposals, contracts and invoicing, NSPElASCE Equlv8lent: Englnesr Level VIII CLIENT SERVICE MANAGER SENIOR PROJECT MANAGER $100.00 Khan, Nisar Qualifications Requlntd: This is professional position for a graduate engineer who ha! obtained or is eligible to obtain a Professional Engineering Rcense and at least 10 years 0 Note: Mr. Khan holds a PhD in experience. Engineering from Perdue Technical Qualifications: Independen~y evaluate, select and apply engineering techniques and procedures, using theIr judgment to make adaptations and modifications. , The professional engineer must be able to devise new approaches to problem! I encountered and to independently perfonn most assignments, Knowledge of AutoCADD 0 MicroStatlon, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: Oversee the worn of engineers, designers and ad ministrative staff. Reporb To; A principal of the finn who will provide quality control reviews and instructions I as to general results expected. General Duties: Responsible for design and preparation of portJons of construction plans for a variety of civil engineering projects, field reviews during construction to ensure i , compliance with plans and specifications, coordination with clients, permit agencies, I subconsultants, and participation in marketing and sales presentations, Oversee technical I staff, assist in preparation of proposals, contracts and Invoicing. I NSPElASCE Equivalent: Engineer Level VI , -1 PROJECT ENGINEER $90.00 Hamblet, Sean QuallflclItlons Required: This is professional position for a graduate engineer who has obtained or Is eligible tD obtain a Professional Engineering license and at least 5 years 0 I experience. I I Technical Quallflclltionll: The professional engineer win independently or with minol assistance from a supelVisor evaluate, select and appiy standard engineering techniques and procedures, using their judgment to make adaptations and modifications. The professional engineer must be able to devise new approaches to prOblems encountered and to independently perform most assignments. Knowledge of AutDCADD Of MicroStation, Geopac. Excel, Word. and general computer skills are also required. SupervIsory Responsibilities: May be assisted by other memebers of the technical and administrative staffs. Reports To: A senior engineer Dr a principal of the firm who will review the worX and provide quality control reviElws and Instructions as to general results expected. General Duties: Responsible for the overall design and preparation of construction plans for a variety of civil engineering projects, field reviews during construction to ensure compliance with plans and specifications, coordination wIth clients, permit agencies, subconsultants, and participation in mar1teting and sales presentations. Oversee technicai staff, 3$Sist in preparation of proposals, contracts and invoicing. NSPEJASCE Equivalent: Engineer Level V I i .""",'"",.""",,-,~.....~,.,,-,;,,.....~.,,~...,,-~ ., EXHIBIT B PL.EASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED CI...lflcallon Hourly Rate I Employ... Identified SCIENTIST SENIOR DESIGNER $60.00 DuSlie, Dane Quallftc:atlonll Required: This is a position for a graduate engineer wtlh 3 or more years of experience who has obtained an Engineer Intern certification or who Is eligible to obtain an Engineer Intern certification, Technical Quallflcatlon,: this individual will develop their knowledge and abilities In this position by applying standard techniques, procedures and criteria exlll'Cising Judgment on details of work and ill making preliminary selections of engl~rlng techniques and adaptations to those techniques to. suit the particular assignment This Individual ill expected to understand and be able to apply .standard practices and techniques, adjust al'l( correlate data and results, recognize dlscrepandes In reaults, and follow operetlon! throughout. seriea of related detailed steps, Knowledge of AutoCADD or MlcroStallon, Geopac, Excel, Word, and general computer skill. are also required, Supervlaory R"p~"lb"ltIes: The project engine8f may be assisted by a technician. Report. To: A profea8lonal, engineer who will BCAIell their assignments for unusual 0 difficult problems and seleel !he techniques and procedures 10 be apprNld on non-routine wort. General DutIM: Design and prepare constructJon plans for a variety of civil engineering projects, field review prior to design, on-slle conslruction observation. coordination wtIh pem1lt agencies and subconsullants. NSPE/ASeE Equivalent: Engineer Level III DESIGNER SENIOR ENGINEERlHYDROGEOLOGIST EHGINEERlHYDROGEOLOGIST (TECHNICAL SPEClAUST) SENIOR PROFESSIONAL SURVEYORIMAPPER $130.00 Noth, James QuaUflcatJOII8 RequIred: An owner of the firm with a land surveying degree, registered professional land surveyor and at least fifteen years of experience responsible for the overall functioning of the Swveytng Division, Technical Qualifications: A fully competenl surveyor demonstrating creativity, foresight. and mature professional judgement. Capable of antJdpating difficulties, devisIng solutions to improve the production and quality or surveying services, and knowlegable of !he FIor1da laws and practices, KnowIege or AutoCADD or M"lCI'oStation. Geopac, CaCIE, Word, Excel and general computer knowledge is required, Supervisory Responelblltu..: RespOnsible for the overall functioning of the Surveying & Mapping Division. This poaltlon will oversee hlgherfng and firing and all surveys produced. Reports To: Board of Directors General DutIH: Primary responsibilities include review of work In prOceS$ and final maps prior to release 10 clients, ensut1ng the quality and schedule of the work product, COOrdinating with clients and other dealgn team members, the preparation of survey proposals. Also responsible for contract negotiations. survey Invoices and .- \ '- EXHIBIT B PLEASE PROVIDE A BRIEF OESeRIPTlON FOR EACH I CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification HourlY Rate EmDlov... Identified PROFESSIONAL SURVEYOR/MAPPER $90.00 Laird, Terry Qualifications Required: Registered professional land surveyor and at least ten years of experience. Banko, Katherine Technlca' Qualnlcatlons: Technical requirements include proficiency wllh Ule FOOT EFBlCEFB software, MicroStation, CAiCE/GEOPAK, word processing and spreadsheet programs. Kramer, James Supervisory Responslblllti..: Directly supervise the technician and crews and responsible tor the hiring of field and office personnel. Reports To: A principal of the firm wilD will provide quality control reviews and Instructions as to general results expeded. General Dutie.: Production of field and office surveying and mapping functions,Prepare surveys and right of way maps, prepare field set-up, reduce field data. Purchase survey field equipment/supplies. Client liaison with current survey clients. Review weekly lime sheets of the survey crew and survey office personnel. Assist in the development of proposals and contract negotiations. ENGINEERINGlSURVEYING TECHNICIAN $60,00 Gable, Patricia Quallflcatlo,. RequlnKI: l11ls position requires a minimum of ten years of CADO draftln, ! and design experience with clva engineering land development andlor roadway plans i preparation. Technical Qualifications: Technical requirements Include proficiency with AutoCADD 0 MicroStation. Additional experience with FOOT Bar Menus and CADD standards, CaICE, Geopak, Descartes, Autolum, Guidesign, Word and Excel Is preferred. Supervisory Responslbllltl..: none. Reports To: The engineer or surveyor tor the specific projee!. This position requires wor1<ing well with a variety of staff members within the firm. General Duties: Assist the engineers and surveyors with the design and preparations 0 plans and surveys, Prepare plans using CADD. perform minor design efforts under Ihe , direction of the project engineer or project surveyor. SENIOR FIELD REPRESENTATIVE (PROFESSIONAL) $100.00 Raysin, Harry Qualification. Required: This Is professional position for a graduate engineer with a Professional Engineering license and at least 5 years of experience. Technical Qualifications: The professional engineer will independently or with mino assistance from a supervisor evaluate, select and apply standard engineerlng techniques and procedures, using their judgment to make adaptations and modifications. ThE professional engineer must be able to devise new approaches to problems encountere< and to independently per10rm most assignments. Knowledge of AutoCADD 0 MlcroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory ResponsIbilities: May be assisted by other memebers of the technical anc administrative staffs. Reports To: A senior project engineer or a principal of the firm who will review the wort< and provide quality control reviews and instructions as 10 general results expected. General Duties: ResponSible for the field reviews during construction to ensure compliance with plans and specificatiOns, coordination with clients, pennit agencies, I subconsullants, and contractors. Participation in marketing and sales presentations, assist In preparation of proposals, contracts and invoicing. NSPElASCE EqUivalent: Engineer Level V i SURVEY CREW ! 2 Person $85.00 3 Person I $105,00 4 Person $130.00 i GIS SPECIALIST 1 ---1 GRAPHJCS SPECIALIST EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED CI_lfIeatlon Houl1YRate EmDlov...ldentifled SENIOR INSPECTOR $60,00 Dussle, Dane Quallllcallons Required: This is a position for a graduale engineer with 3 or more years of experience who has obtained an Engineer Inlem certification or who is eligible 10 obtain an Engineer Intem certification, Technical QuallfiClltlolll: This individual wilt develop their knowledge and abUlties in this position by applying standard techniques, procedures and crlteria exercising Judgment on details of work and In making preDminary selections of engineering techniques and adaptations to 1hose techniques to suit the particular assignmenL This individual is expected to understand and be able to apply standard practices and techniques, adjust and correlate data and results, recognize discrepancies in results, and follow operations throughout a series of related detailed steps. Knowledge of AutoCADD or MicroStation Geopac. Excel, Word, and general computer skills are al60 required. the Supervisory RRpon.lbllltlee: The project engineer may be assisted by administrative staff. Reports To: A professional engineer who wm screen their assignmeots for unusual 0 dIfflcult problema and select the techniques and procedures to be applied on non-routine worj(. General DutietI: Responslble for the field rel/lews during constroctlon to ensure compliance with plans and specifications, coordination with c1Jenls, permit agencies, sUbconsullants, and contractors. NSPElASCE Equivalent Engineer Level III GPS EQUIPMENT $20.00 SENIOR ADMINISTRATIVE SUPPORT $60.00 Halliday, Susan Quallflcatlons Required: This Is a position for a college graduate with 10 or more years 0 experience In the engineering consulting business, TeChnical Qualifications: This individual will have a good personality, work well with the public, and have good organizational and secretarial skills (telephone, typing, filing), Knowledge of Excel, Word, and general computer skills are also required. Supervisory Responsibilities: None Reports To: A principal of the firm and any engineers or swveyors who require assistance. General Duties: Responsible for all aspects of helping the office to ron smoothly, A wide variety of duties include sorting incoming mall and handling incoming and outgoing correspondence for all personnel; monitoring and ordering supplies; assisting .he bookkeeper by preparing accounts payable, preparing the checks and printing, and handling accounts receivables by typing and recording invoices, preparing and recording deposits, and assisting with collections: answering phones, filing, preparing files; assisting PersoMel Director with new employee packages, insurance, monitoring vacetion time; keeping office in good condition (make coffee, keep common areas neal. change light bulbs, manage Janitor service, etc,), conducting and documenting tI1e computer backups and I'8storatlons, assist with prepartion of proposals, ietters of interest, and RFQs, ADMINISTRATIVE SUPPORT PARAPROFESSIONAL AERIAL PHOTOGRAMMETRY Subconsult to Bosworth Aerial Survevs EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH ~J CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED C1ualfleltlon Hourlv Ram EmDlov_ Identified COMPUTER SYSTEM ANALYSIS $75,00 Gillette, ChrIstopher Quallflcalons Required: This is a position for a college graduate with 20 pr more years 0 experience in the computer consulting business. i Technical Quallflcations: This individual will have a gpod understanding of prooesses, project management, quall1y control, and the engineering consulting business. Extensive knowledge of various computer languages and technicques is elso required. Supervisory Responsibilities: None Reports To: A principal of the firm and any engineers or surveyors who require assistance, Genel'lll DuUes: For software applications: conducting systems analysis interviews to define the scope and requirements. developing a plan for development. coding, testing, debugging, preparing documentation, Implementing, revising. Responsible also for all I aspects of the oflioe computer system: netwot1dng, maintaining em all and webslte accounts, troublshooling difficulties, performing backups and restores. RATE STUDY FINANCIAl SERVICES INSTRUMENTATION AND CONTROL SERVICES HUMAN RESOURCE SERVICES $100,00 Heath, Kimberly QualifICations Required: This is a position for a COllege graduate with 10 or more years 0 experience In the engineering consulting business. Technical Qualifications: This individual will have a good understanding of Florida employment laws, insurance requirements and practices. payroll taxes, and competatiYe I I compensation rates for the engineering and surveying field. Knowledge of Excel, Word. and general computer skUls are also required. Supervisory ResponsIbilities: Administrative staff Repor18 To: The board of directors. General Du1fe,:"Res.ponsible for -iI'aspectS of human resources: help wanted advertisements, review of resumes, interviews, salary negotiations. relocation, employee manual and policies, insuranoe (heallh, dental, life, disability), benefits plans, retirement plans, bonus plans, salary reviews, performance reviews, termination interviews, workers I compensation, workpiace safety, unemployment compensation, payroll taxes. i I DATA A.CQUISITION AND CONTROL SERVICES l i DIRECT COSTS - MARK UP % 110% I Office, Reproduction, Mailing, Etc. DIRECT COSTS. MARK UP % 110% Su bconsuttanls DEC-05-2003 16:21 COLLINSt.mTH ALTER P.02 . .c ... -. ,...". ~L..'" II ''''.M.I L.. V. L..II""'U"", .&... I ...." v . 'V"'U" " ... I J.l./U~/lUU;S PRODUCEJI (30S) az 2 -1 &00 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INfORMATION 'linsworth. Alter, Fowler, Dowling & French ONL.Y AND COHRRS NO RIGHTS UPON TH! CERTlFJCAT! H~~ THIS CER'nFICATE DOES NOT AMeND, EXTeND OR . 0.' Box9SlS AL R lliE COVERAGE AFFORD&D BY THE POLICIES BELOW. Mianri lakes, Fl 33014-9315 Raqu81 Will iams INSURERS AFFORDING COVERAGE NAle. tN$IJAEC-Cronroads Englneer1ng ~urveY'lng, Inc. MUfl&RA: AsslIrance Coq:tany of America 1402 Royal Pall11 8each Blvd. lN~ll; Harr.Tord Ins Co of the SE Building 500 INSIAERc: Ohio Cuua....ty Insurance Company Royal Pallll Beach, Fl 33411 1H$tJIUiRD: LlOYd. of London INSIJRER E: THE POUClES OF INSUfWICE USTEO BELOW HAVE IEEN ISSUED TO THE INSURED NAMED ABOVE FOR lHE POUCY PERIOO INDICATED, NOTWITHST,A.NDIN ANY R!QUIR!MENT. TEIW OR CONDITION OF ANY CONTRACT Of<< Oll'ER DOCUMl;NTWrTH RESPECT TO WHICH THIS CERTIFICAtE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORCED BY IHE POUCIES DESc:R18ED HER!IN IS SU8JECT TO ALl T~B TERMS, eXCLUSIONS AND CONDITIONS OF SUCH POLlCI!S. AOOREG.KTIIIJMITS SHOWN MAY HAVE EleeN REOUCED BY PAID CLAIMS, lNGR mE OI'HlUftAHCE I9'PEC'TlVE PO LIMITS GBNERAl. LlIollUTY I 1,000. X COWEF\C~ GeIaW. LIA8Il.f1Y S 1000 ClAIMS ~ m OCCUR YIm IlXP (My .. fllI/'IIIrll S 10 A PliR$ON"~ I ADVIH.lURY I 1 000 GSNEIW. AGlCJReOATS a 2000 ~S.~~A~. s 2,000,00 21UECIN9606 02/09/2003 02/09/2004 Cot.IIlflSl smGLE LUT S (&. 8CClidMl) 1000 IlOOLV Jol.MtV S (Pet petIO'I) B lIOOlL Y INJ\R( S (Per lIllGllr.nll PROPERlY o.+.IoW3E S ~.cddeo1Cl /IJIrO ONL'Y - EA I'.CCltlaIT $ O'THER Ttw.I I!A ACe I AlITO 0Ht. Y: AGG a BXO(04)5311618~ 01/19 200! 08/21/2004 VoCtiOCCUlVlllNCf s 1 000 AOOREeATE s 3,000,0 C s 5 a WOAl<IU COW'INIAnOfll .....C EWLOVIIIW UAIILm' E.L. EACHACCIDiNT S foN( PROPIUETOlWIIRl'NBlIEXECIJ11\/E OI'FlCl;RINBtRER EXCLUDeD? E.l. D16EAliE . Ell 6to4PLO S ~e5aIlle ...- !'RQVlIlONS belo. E.L DISlA.SI. POLICY I.MT s ~s$ional Liability P29003 07/ll 2003 07/21/2004 $1,000,000 General Aggregate [) laims-Made FoMll $1.000,000 Ead1 Claim el:ro~ - 1-9S $25,000 Deduc~ib'e PESC'~Otoi Of" OP~~ / 'f:'TlOIol'/ r~' ~ua\OtlS AtlDSl IV !Nl)OM~"" I SHCl.AlI'RCWlSI~' .ert ,ca~e Ho er 5 name t ona Insured on ~ e Genera' Liabi ity and Auto Liability poli~iesl 15 provide by ISO CA0001 unde,. the definition "WDo is an isured." - SHOULD AIf'( OF THl! ABOVE DE:ICIlIBEO ~OUCII!S 8E C'ANCEl1.ED BEFORE Tft': I!JlPIIU.T1ON DATETMIRIDF, THE ISStAHG INlURSR WlIJ.INDE4VDR TO MAIL Boynton Beach, C; ty of ~ DA,'l'f WRrTnN NOTICI! 19 T/fe C&Jm~TI! HOUll!R tol.4~ TO lHI &sT. Utilit1es D~r~men~ aUT I'All.URE TO IMI~ aueH 'lOTle! $IW.l.IMPO&e NO 08LlOA'I'lON OR UAJIIUT'I' 124 Eas~ Woo brig~t 01' N(i K1NP UI'OII THE IMSUREI\, IT& AOlilfl'a Oft ~RE&EHTATlVlili. Boyn t:on Bead! ~ FL :n 43 5 AUTHORIZED REPRDCNTATlVl n~~~: .~.~ Meade Collinsworth FVM ACORD 25 (2001/08) ~CORD CORPORAnoN 1988 DEC-05-2003 16:21 COLLINSWORTH RLTER ..~ . IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the poIicy(ie$} rrK.I$t be endorsed. A statement on this cer1lflcate does not comer rights to the certificate holder in r;au of 6uoh endorsement(s). If SUBROGATION IS WAIVED, subject to the tenns and condltion$ of the policy, oertaln policies may require an endorsement. A statement on this certificate d085 not confer rights to the certificate holder in lieu of such endorsement(s}. DISCLAIMER The Certificate of Insurance on the reverse sIde of this form does not constitute 8 contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affinnalively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ,CORD 25 (2001108) Tn-rnl r:- '~"7' 12/85/2a83 14:23 15613682112 EXCEL HR ..--- -.--. --_. PAGE a1 CERTIFICA TE OF LIABILITY INSURANCE I eM'TE (MI.lIDOIYY) 1215/2003 .. RODUCER (407)788-3000 FAX (407)718-7933 THIS CERTlF leA TE IS ISSUED AS A MA. TTER OF INFOR l.IA TION OHl Y AND CONFERS NO lnsurance Office of America, Inc. RIGI1TSlJPON THE CERTIFICATE HOlOER. THIS CERTIFICATE DOES NOT "'MMalD. eXTEND t 50 N. Wc:stmontt Drive OR "l TEA lHe COVCAAGE ...FFOROED 8Y THE POLICIES BELOW. P.O. Box 162207 Alumonte Sprinp, FL 32716-2207 INSURERS MFOROlNG COVERAGE NSURED EXCEL Administrative Soll/tions, Inc. NURER"': e_ NaIl... """'rwlC:e Ctl. 2/20 N. Dixie Hwy. INSURSl B: Boca RalOn. Fl. 33431 INSURER C: INSUReR 0: INSURER E: ::OVE:RAGf:S THE POLICIES OF lN6URAl>ICE LISTeD BEl.OW HAve BEEN ISSIJEO TO THE INSURED NllNEO A80YE FOR THE POUCY PERIOD INOIe... TED. NOTVofTJfSTANDlNO AI<< REQUIREMENT. TERM OR CONDITION DFNlY CQNTJUJ::T.OR OTlfER DOCUM&IT 1Ilf1M "eSPECTTO WHICH THIS CERTIFIe...TE MAY BE l6SUED OR w,Y PeRT""N. THE INSURANCE "FFOROED BY THE POLIC1ES OESCRIBED HeREIN IS SUBJECT TO ALL THE TERMS, exClUSIONS ANO CONOI11OItS OF SUCH POLICIES. AOGItEGATE LIIAITS SHOWN MAY HAve BEEN REDUCED BY PAID CI.A1US. INSfl lYPE OF INSURANCE I POLICY NUMBER I POlIC,Y~~g~ I POLICY EXP~ UI.IIT$ LTR DAte D CAre lMIoUD GE NERAL LIABILITY I I I :ACtl OCCURRENCE S - COMM GENERAL LWlILITY lItE DMVoGE (A~ one lral $ - CLAIMS IAADE DOCCUR eo EXP (Any _ perw1) - Efl80NAL ~ ADV INJURY - EHERo\LAOOREGATE GEN't. AGO UMIT APPLIES PJ:R: ftOOUCT8-COMf'/O? AGO hpOLnPftOJ r/loc ~UTO"08lLE LIABilITY I -, I Of.tBINEO SINGLE lIMIT ~ 4 I- IN1v AUTO ~ j I- All OWNED AUTOS aODIL Y INJURY (l'erptl'-" J I- SCHEDULED AUTOS .... HIRE/) AUTOS DOilY INJURY /per eaXlent; 1 i- NClN-OWolEo .wTOS . .. i- = I y' OAIV-tiE (I'B< l bAAAGE lWlllITY I I I uro ON.. 'I' - lOA ACCIOEHT l 1\/0('( AUTO OTHER THAN !!A ACe $ - AUTO ONLY: AGG S EXCESS L....SILITY I T I Ie.l.CH OCCURltENCE :=JOCCUR UClAIMS MADE I'IGGAEG.>. TE R;EDUCnBLE ReTEHllON lr J WORKaAS COMPENSATION AND 2700009882-031 1 04/0 In.OO) I 04~112004 we SUIIu- ICIlY OTtI-ER EMPLOYERS' LIABILITY Li"nll6 A ,L EACH ACCIDENT $100000 .L DISEASE-&. EMPLOYEE S 100000 L DlSEASE.POlICY ~lT S I 000 DO :ITHEft I I peSCRIPTION OF OflEAATION&\.OCAT1ONSN&/ICLESlEXLlJSlOHS ADDED BY ENOOASEUENTISI'ECI1\l. PROVISIONS CovCfage is provided for only those employees I~ 10 (but not subconlJacton at): Crossroads Engineering &. Sllrveyinl 1402 Royal Palm Bead! Blvd. Bldg 500 Royal Palm Beach Fl 334 t I Fn: 561-753-9724 -- ICERTIFICATE HOLDER I ~DDmONAlIN8URED; INSURER lETTER IICANCELLA lION I The City of8oynton Beach SHOlILD..."., Of lliE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE T11E EXPIRATION D,J,TE THeREOf. THE ISSUlHO INSURER WILL ENDEAVOR TO W,ll311DAYS WRIlTEN NOTICE TO THE CERTIFICATE HOLDEll NIo.UEO TO TKE lE/'i, SlIT FA'WRE TO MArl Sl./CH NOTICE SHAl.llldPOSE 110 OBLIGATION OR LIABilITY OF ANY KIND UPONTHE COMPAA'V. ITS AGENTS UIiI ities Dept OR REPRE5eNT...nVE8, 124 East Woolbright ~oacl Authortr6CI Rep.......1hi>> bA-~ I _oynton Beach, FL 33435 Glen I::sbjom _. _ ~2/05/2B03 14:23 15613682112 EXCEL HR ::>AGE .~'-' . . ~. . IMPORTANT : the certllicate holder Is lin ADDITIONAL INSURED, the pollcy(les) must be endorsed. A slstement on this certlflcata does nOI conter rights to the cartifcate holder In lleu of uch endorsementls). r SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certlfiale does not confer ights to the certlfialle hOlder In lieu of such endorsements(s). DISCLAIMER !1te Certificate of Insurance on the reverse SIde of thl$ form doe5 not con5Ulute a contrllct batweEm the lsaulng Wlsurer(s), authorized reprasenlalive or producer, Bncllt1e ~ertificate holder, nor does It afflnnatlwly or negatively amEmd, eJClend Of alter the COllefllge afforded by the policies IIsled thereon. VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetimz Dates in to City Clerk's Office n ~ August 19,2008 August 4, 2008 (Noon) o October 21,2008 October 6, 2008 (Noon) a n=i 0::> =4-< o November 5, 2008 :e.. -<0 o September 2, 2008 August 18,2008 (Noon) October 20,2008 (NOon)g n" I r- c:;, o September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noonr- fTlO ::0-< -0 ~Z o October 7, 2008 o December 2, 2008 (/)"""i September 15,2008 (Noon) November 17, 2008 (N~ 0 0;:: W .." .. "m CJ1 -f"I1 n> 0 Announcements/Presentations 0 City Manager's Report \D f"I1n ::x: NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Amendment No.3 to Task Order U-04-18-2 for Stanley Consultants, Inc. in the amount of $62,081. Amendment No. 3 provides for the development of a GPS protocol to incorporate existing and new field collected GPS data in the existing utilities base maps and development of a methodology to link, or georeference, existing as-built drawing images in Laserfiche format to the utilities base maps. GPS data is collected and used by all divisions in Utilities and is provided by surveyors for new construction projects. Laserfiche is the City's standard electronic format for storing scanned drawings and documents. EXPLANATION: Stanley Consultants has assisted the City with updating the AutoCAD maps for the entire water distribution, wastewater collection and pumping, stormwater, and reuse systems. As part of the process, a new AutoCAD standard was developed. The standard covers file structure, layer naming, attributes, symbology, line styles, text styles, and dimension styles. Utility data is stored on continuous drawings that cover the entire service area. In addition, the AutoCAD standard allows for conversion to GIS for use by other City departments, while maintaining utility data in a CAD format. The original Task Order U-04-18-2 and previous amendments have focused on the development of an AutoCAD standard, work flow process, conversion of the base maps into the standard, S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM incorporation of as-built information from development projects into the base maps, and training. Amendment No.3 to Task Order U-04-18-2 will provide the following professional services: PROGRAM IMP ACT: . Develop the workflow plan required to incorporate existing and new field collected GPS data into the utilities base maps from all divisions in the Utilities Department and new construction projects. . Provide recommendations for managing utilities GPS data, addition of this data in the utilities base maps, and modifications to the record drawing specification. . Provide planning phase and production phase services to georeference and catalog 143 Laserfiche as-built plan sheet images in 29 separate projects. FISCAL IMP ACT: Funds are available in Utilities' accounts #403-5000-590-96-10 WTR017 and #403-5000-590-96-04 SWROl1. COMMISSION 1 TASK ORDER APPROVED ACCOUNT NUMBER AMOUNT ; Task Order U-04- September 6, 2005 403-5000-590-96-10 WTR017 $96,637.00 i 18-2 403-5000-590-96-04 SWROl1 403-5000-590-96-10 WTR017 1 Amendment No.1 October 3, 2006 403-5000-590-96-04 SWROll $49,857.00 Amendment No.2 May 15, 2007 403-5000-590-96-10 WTR017 $49,858.00 403-5000-590-96-04 SWROl1 i Amendment No.3 Proposed Approval 403-5000-590-96-10 WTR017 $62,081.00 AU2ust 19, 2008 403-5000-590-96-04 SWR011 ! TOTAL $258,433.00 i AL TERNA TlVES: The only alternative would be to cancel the current project and postpone this work. Utilities staff recommends approving Amendment No.3 to meet the ever increasing need for detailed GPS and as-built information on the existing utility systems. This information will be used extensively by our staff and will provide vital information for design and construction projects throughout the service area. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM /2 ~ j/,,~j/ ~;: Ie I!_~ 7/t,~r Kofi Boateng, Kurt Bressner, Utilities Director City Man er ~ Utilities Department Department Name City Attorney / Finan Attachment: Three (3) Original Task Order Amendments xc: Kofi Boateng, Utilities Director flY Peter Mazzella, Deputy Utilities Director Michael Low, Deputy Utilities Director C~ Christopher Roschek, Manager, Engineering Division Barb Conboy, Manager, Utilities AdministrationlFinance Procurement Services File S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC I I I I, ,I I 1 RESOLllTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH. 4 FLORIDA, A1JTHORIZING EXECUTION OF 5 AMENDMENT NO.3 TO TASK ORDER NO. 11-04-18-2 6 IN THE AMOllNT OF $62,081.00 FOR STANLEY 7 CONSUL T ANTS, INC., PROVIDING FOR THE 8 DEVELOPMENT OF A GPS PROTOCOL TO 9 INCORPORA TE EXISTING AND NEW FIELD 10 COLLECTED GPS DATA IN EXISTING UTILITIES 11 BASE MAPS; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 15 WHEREAS, Task Order U-04-18-2 was approved by the City Commission on 16 September 6, 2005, which included services for development of an AutoCAD standard. \vork 17 tlow process, conversion of the base maps and training: and 18 WHEREAS, Amendment No. 1 to Task Order U-04-18-2 was approved by the City 19 Commission on October 3. 2006: and 20 WHEREAS, Amendment No, 2 to Task Order U-04- 18-2 was approved by the City 21 Commission on May 15,2007: and 22 WHEREAS, the City Commission of the City of Boynton Beal' h upon 23 recommendation of staff, deems it to be in the best interest of the citizens of the City oj 24 Boynton Beach to authorize execution of Amendment No.3 to Task Order lI04-] 8-2 in the 25 amount of $62.081,00 for Stanley Consultants to meet the ever increasing need for detailed 26 GPS and as-built information on the existing utility systems. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hercof. S \CA\RESO\Agreements\TaSK - Change Orders\Stanley - Amnd No 3 to Task Order UQ4-18-2doc I , I 1 I Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby authorize and direct the approval and execution of Amendment No.3 to Task Order 3 U04-18-2 in the amount of $62,081.00 for Stanley Consultants, providing for a GPS protocol 4 to incorporate existing and new field collected GPS data in to the utilities base maps from all 5 divisions in the Utilities Department and new construction projects, a copy of Amendment 6 No, 3 to Task Order U-04-18-2 is attached hereto as Exhibit "A". 7 Section 3. This Resolution shall become effective immediately upon passage. 8 PASSED AND ADOPTED this _ day of August, 2008. 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor - Jerry Taylor 14 15 16 Vice Mayor - Jose Rodriguez 17 18 19 Commissioner - Ronald Weiland 20 21 22 Commissioner - Woodrow L. Hay 23 24 25 Commissioner - Marlene Ross 26 ATTEST: 27 28 29 Janet M. Prainito, CMC 30 City Clerk 31 32 33 (Corporate Seal) S ICAIRESOlAgreementslTask - Change OrderslStanley - Amnd No 3 to Task Order U04-18-2.doc Task Order No. U-04-18-2 City of Boynton Beach Amendment 3 GPS Protocol Development and Georeferencing Pilot Project Stanley Consultants July 23, 2008 Task 1 - GPS Protocol Background The City of Boynton Beach Utilities Department manages the water, sanitary, reuse, and storm water utilities within the service area. To more efficiently manage their assets, the Utilities Department maintains a CAD/GIS base map. The base map data is maintained in AutoCAD Map software. The base map consists of four AutoCAD files (dwg), one for each of the four utility systems. Within each dwg file, the data is organized by layer for the different elements of the systems. Tabular data is stored in AutoCAD Map object data. Under contract with the City of Boynton Beach Utilities Department, Stanley Consultants has performed various services under Task Order No. U-04-l8-2 related to setting a CAD standard and updating the base maps.. Associated with this Amendment, Task Order 2 initially established a CAD standard for contractor submittals; a workflow for converting the City data to the new standard; a pilot project converting four contractor submittals to the new standard; and training City staff on the new standard. Next, Amendment 1 of Task Order 2 converted the existing base maps to the new standard. Subsequently, Amendment 2 of Task Order 2 converted nine contractor submittals to this standard and merged the data into the base map. Objective The objective ofthis work is to develop a GPS protocol for the Utilities Department. The key elements ofthe protocol are: ], Develop the workflow plan required to incorporate existing and new field collected GPS data into the utilities base map. 2. Provide an example of the field survey to GIS integration strategy used on a sanitary sewer survey proj ect conducted by Stanley Consultants. 3. Provide an example GPS/Laser Ranging equipment configuration and available documentation on the GPS survey collection process used by one of Stanley Consultants' clients for a recent sanitary and storm sewer data collection project. City of Boynton Beach WO#2, Amendment 3 Page 1 of8 Scope of Work 1. Meet with Utilities Department Staff CONSULTANT shall meet with members of the Utilities Department staff to establish a list of GPS layers that need to be incorporated into the utilities base map. Recent GPS collected data for storm drains and fire hydrants exist in the IT Department (GIS Division data) and not in the Utilities Department base maps. Utilities Department will also be adding new GPS data that will need to be incorporated into the base maps. It is understood in this scope of work that workflow will be developed for two sources of GPS data: internal Utilities Department data and external survey GPS data provided by developers. Internal sources of GPS data include utility locate staff and I-Water data collected from valve exercising. The CONSULTANT will make available two examples from recent projects which demonstrate procedure to collect field survey and how to process and load field survey into the Arc GIS Geodatabase and AutoCAD Map. These examples are provided as background information and are not intended to be used as the basis for design ofthe final GPS workflows. An overview of both procedures will be provided dming the meeting with Utilities Department staff. For the first example, the CONSULTANT will obtain an equipment specification for a GPS and integrated Laser Ranging apparatus used to collect manhole and pipe invert elevation data. For the second example, the CONSULTANT will provide an overview of a process to load field data into GIS using a Microsoft Access query based procedure. Deliverables: 1. Meeting notes that include the list of GPS data to be incorporated into utilities base map. Provided in PDF format via emaiL 2. A copy of the example ArcGIS Geodatabase containing the Microsoft Access query based procedures to process sanitary sewer survey data developed by Stanley Consultants. 3. A copy of the GPS/Laser Ranging equipment configuration and any readily available documentation on the GPS survey collection process used by one of CONSULTANT's clients for a recent sanitary and storm sewer data collection project. 2. Develop Draft Documents CONSULTANT shall prepare a workflow for Utilities Department staffto incorporate data identified in the meeting notes into the utilities base map. The workflow shall consist of a diagram depicting major steps in the processing of the GPS data and a written description of the workflow. The diagram and description shall be intended as a guide for Utilities Department staff to use when carrying out the conversion. No conversion work is intended under this scope of services. The workflow can work from the assumption that all internal GPS data will come in a uniform format. City of Boynton Beach WO#2, Amendment 3 Page 2 of8 CONSULTANT shall prepare recommendations for managing utility GPS data within the City AutoCAD Map and GIS system. CONSULTANT shall also prepare recommended modifications to the City Record Drawing Specification. CONSULTANT shall submit draft documents to Utilities Department and attend review meeting with Utilities Department staff. Deliverables: 1. Draft GPS workflow diagram and written description. Provided in PDF format via email. 2. Draft recommendations for managing utility GPS data and modifications to the Record Drawing Specification. Provided in PDF format via email. 3. Review meeting notes. Provided in pdf format via emaiL 3. Develop Final Documents CONSULTANT shall prepare final version of draft documents following direction received from Utilities Department at the review meeting, Deliverables: 1. Final GPS workflow diagram and written description. Provided in PDF format via email. 2. Final recommendations for managing utility GPS data and modifications to the Record Drawing Specification. Provided in Microsoft Word format via email. 4. Ongoing Support CONSULTANT shall provide on-call services to support the implementation ofthe GPS workflow. Scope may include on-site meetings, off-site work, phone calls, emails, etc, Scope shall be limited by the not-to-exceed amount in the contract. Task 2 - Georeferencing Pilot Project Background The City of Boynton Beach (CLIENT) manages scanned as-built drawings in a Laserfiche system. The as-built drawings include plan sheets from water and sanitary sewer projects that show the location of valves, manholes, and other features. The as- builts are stored in the LasterFiche system as tif images. When City Staff want to view a scanned as-built, they are required to use the Laserfiche software to find the project name and pull up the scanned drawings associated with the project name. City of Boynton Beach WO#2, Amendment 3 Page 3 of8 The basis for this scope and fee is the Laserfiche data that was the current inventory of files as of July 22,2005. At that time, there were approximately 10,000 tifimages stored in the Laserfiche system, with a total file volume of 3.0 GB. These are organized into nine general folders: NEQUADDW, NWQUADDW, SEQUADDW, SWQUADDW, STICKFIL, STICKFIl, STICKFI2, STICKFI3, and STICKFI4. The CLIENT will supply the most recent Laserfiche files. If the format of the latest version is the same as it was in July 2005, this task may proceed as indicated in Task 2, Scope of Work Phase 1 - Planning Phase. In the current Laserfiche implementation, the drawings are not geo-referenced. Geo- referencing is the association of points on the plan sheet with coordinates in a geospatial referencing system (e.g. State Plane coordinates). Geo-referencing would allow City Staff to view the as-builts in GIS or CADD software and overlay other data layers such as the utility base maps. The value of having the as-built drawings geo-referenced is that the data can be viewed in context. For instance, when City staff is researching the utilities in the area of a new project, the as-builts may give more accurate locating information than the data available in the utility base maps. The as-builts also provide an indication of the age of the utilities and who the engineer and contractor were on the project. After the geo-referencing is complete, City staff will be able to access this information from GIS and CADD software, overlaid with the utility base maps and other layers. Better access to the as- built data will improve efficiency and provide better support for decision making. Objective The obje~tive of this work is to develop and test the methodology to geo-reference existing as-built drawings for use in AutoCAD Map 3D and ArcGIS. Geo-referencing methodologies for AutoCAD Map 3D and ArcGIS will be tested by conducting a pilot project on a small portion of the city. In brief, geo-referencing involves identifying reference points on the scanned as-built drawings and the corresponding points on a reference layer such as an aerial photograph or utility base map. The geo-referenced images will be delivered in formats suitable for use in Arc GIS as a raster catalog. A raster catalog is a simple data format that contains polygons representing the area an as-built covers on the ground. Each polygon provides the link to the actual image file of the as- built. AutoCAD Map 3D methodology will be designed to utilize the raster catalog developed for ArcGIS to the greatest extent possible thus minimizing the effort to build the system and maintain it in the future. Stanley Consultants proposes to divide the geo-referencing pilot project into two phases: a planning phase and a production phase. City of Boynton Beach W0#2, Amendment 3 Page 4 of8 Scope of Work 1. Planning Phase Stanley Consultants (CONSULTANT) shall utilize as-built images stored in the existing LaserPiche implementation. The data is stored in a folder and filename hierarchy that includes Base-16 numbers and is indexed with a database. The investigation shall include preparing a procedure to extract project names, folder names, and file names from the LaserPiche database for use in the raster catalog. CONSULTANT shall research current AutoCAD MAP 3D software functionality to determine the most efficient method for accessing geo-referenced images. CONSULTANT shall also research whether the current tif storage format is the best available format for the ArcGIS raster catalog and AutoCAD MAP 3D. Other image formats may include geotiffs or grayscale JPEG and appropriate compression formats. CONSULTANT shall identify the image conversion process and provide image conversion services necessary to complete the planning phase. CONSULTANT shall geo-reference and catalog up to ten (10) of the LaserPiche plan sheet images. This effort will help refine the geo-referencing and cataloging methodology and will also provide verification of the time and resource estimate for the production phase. Upon conclusion of the planning phase, the CONSULTANT shall prepare a report summarizing the findings of the investigation and research. The report will present a process outline for the production phase. The CONSULTANT shall present the report and demonstrate the methodology at the City Utility Department office prior to starting the production phase, City Staff will be able to see a sample of the finished product and provide feedback before the production phase begins. Deliverables: 1. Meeting notes. Provided in pdf format. 2. Planning Phase Report. Provide 5 paper copies and in pdf format. 3. Initial dataset developed for use in Autocad MAP 3D and ArcGIS on CD. 4. Confirmed cost estimate and schedule for phase 2 2. Production Phase CONSULTANT shall process the LaserPiche data for the area identified by the CLIENT. The phase 2 preliminary cost estimate is based upon the following data, identified by CLIENT. 1. Stick Piles - 11000 - project name Sanitary Sewer. City of Boynton Beach WO#2, Amendment 3 Page 5 0[8 2. Stick Files - 1000-9950 - 6995 - Project name: Sewage Works Project - Names: 2429 & 2434. 3. Stick Files - 4300 - Project Name: Four Seasons Development Phase # I-A, Four Sea Suns & Four Seasons Phase #2. 4. Stick Files - 5300 - Project names: 2137 thru 2192. CONSULTANT has performed preliminary review of these files and estimates a sheet count for georeferencing of 143 drawings in 29 separate projects. Processing shall include geo-referencing and cataloging the data as outlined in the phase 1 report. . At the conclusion of production phase, CONSULTANT shall submit a report summarizing the production effort including any changes or modifications to the process developed during the planning phase. Interim progress meetings, if necessary, shall be held at CONSULTANT's office. CONSULTANT shall prepare meeting agendas and meeting notes. Deliverables: 1. Meeting notes. Provided in pdf format. 2. Raster catalog of LaserFiche images. 3. Geo-referenced images (if different storage format is utilized). 4. Production Phase 2 Report. Provide 5 paper copies and in pdfformat. Compensation CLIENT shall compensate CONSULTANT for services in Items 1 thru 4 an amount outlined below, based on time and materials outlined in Exhibit A. Task 1 Scope Items 1-3 _$23,254.00_ Lump Sum Scope Item 4 _$ 6,500.00_ Maximum Not To Exceed Task 2 Scope Item 1 _$15,828.00_ Lump Sum Scope Item 2 _$16,499.00_ Lump Sum Total Contract Amount $62,081.00 City of Boynton Beach WO#2, Amendment 3 Page 60f8 Duration of Services The duration of services for Task 1, Items 1-3 is eight (8) weeks from receipt of Notice To Proceed from CLIENT. The duration of services for Task 1, Item 4 is six (6) months from receipt of Notice To Proceed from CLIENT. The duration of services for Task 2, Item 1 is six (6) weeks from receipt of Notice To Proceed from CLIENT. The duration of services for Task 2, Item 2 is twelve (12) weeks from receipt of Notice To Proceed from CLIENT. Services provided by CLIENT 1. Scheduling project meetings with Utilities Department staff. 2. Preparation for initial meeting and provide list of GPS layers that need to be incorporated into the Utilities base map. 3. Timely review of draft documents and attendance at review meeting. 4. Access to CLIENT file servers for development of Workflow document. Additional Services The following Additional Services are not included in Basic Services and are at CLIENT'S option. These services, if exercised by CLIENT and agreed to by CONSULTANT, shall be paid for in addition to compensation for Basic Services. CONSULT ANT is not authorized to proceed with performance of any Additional Services unless they are duly authorized, in writing, by CLIENT. 1. Meeting with City IT Department (GIS Division) staff. 2. IT consulting for CLIENT network services. 3. Training of CLIENT staff. 4. Custom software solutions. City of Boynton Beach WO#2, Amendment 3 Page 70f8 .r"'''''''''''''''"-'''''''''iw"",~~~_...,,,.,',," APPROVED BY; CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2008 SUBMITTED BY: STANLEY CONSULTANTS, INC By: TShakaD~ :- ~ ~. Vice President City of Boynton Beach W002, Amendment 3 Page 8 of8 The City of Boynton Beach . . U".~Dop__nt N~O 124 E, WoolbriGht Road Boyntnn an.oo. Florid. 99435 E C ~ ~ ODice: (561) 742-6400 FAX: (561) 742'6298 ~ Website:www. chhutilities, or[f ,t> 1lJ~ ot1 C'1\ \1\\~~ Attention: Barbara Conboy ~o\\ ~~ Manager, Utilities AdrninistrationlFinance ~O Re: RFQ #065-2821-03/CJD - Second Two-Year Renewal Contract for General Consulting and Engineering Services Note: Please return this form no later than October 19, 2007 Agreement between the City of Boynton Beach, Owner, and STANLEY CONSULTANTS, INC. Name of Firm c7eneWal Period: February 20, 2008 through February 21, 2010 _ Yes, r agree to renew the existing contract under the Terms and Conditions of the original agreement for a second two-year period. I understand that the City Commission must authorize renegotiation of revised rate schedules of services. _ No, I do not wish to renew the contract '\. STANLEY CONSULTANTS, INe. _._- NAME OF FIRM Y;~AKA e . -pe- tJ rJ JcS \J \ ce-- ?~SrD-ENI ---~ NAME OF REPRESENTATIVE TITLE (please print) 7b ,. 6 8q. 9-'+lf Lf ofF1cC- oc-T. i'-7 ~ 00 r- 5G I. '?7;;<. q-:rqq Ce-LL I DATE f (AREA CODE) TELEPHONE NUMBER America s Gateway to the Gulfstream , , The City of Boynton Beach Utilities Department 124 E, Woolbright Road B~nronB~~.FwriM3305 Phone (561) 742-6400 FAX: (561)742-6298 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2- Y ear Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: Copies Date No. Description 1 Original Agreement - Stanley Consultants, Inc. 1 Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services Karen Riseley SIGNED: &-J.C1 / ;).;.;.Q; ;fD.3_/J7:Z. AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES TInS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Stanley Consultants. Inc., hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the City issued a Request for Qualifications invitation for Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-()3/CJD; and WHEREAS. RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and tmnsrnission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS. RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; and WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055, the Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perfonn the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on NDV. /1 , 2003, accepted the City Administration's recommendation and designated Consultant as one of nine (9) qualified consulting firms for Scope D to provide general engineering services to the City; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the perfonnance of consulting and engineering services within the scope of the Request for Qualifications invitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true and correct. CA-l . 2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general engineering consulting services under a continuing contract with the City whereby the Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on written request by the City, will provide professional engineering services to the City for: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. For engineering work of a specified nature as hereinafter identified in the scope of services and as requested by. the City with no time limitation, or D. Design build projects 3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified projects at the request of the City during the teon of this agreement, including the provision .of all labor, materials, equipment and supplies. The specified projects which may be assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of nine (9) consulting finns for Scope D which will be assigned projects listed on Exhibit "A" and that the City has made no representation or promise regarding which projects or the number of projects that will be assigned to Consultant. 4. TERM. The initial teon of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, unless an extension of such time is granted in writing by the City. 6. PAYMENT, The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a; Payment for the work provided by Consultant shall be made based on the hourly rates as provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be adjusted in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. CA-2 . d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. OWNERSIDP AND USE OF DOCUMENTS, All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made if executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors, Any use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of the Consultant, shall be at the City's sole risk. WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City that it is competent to engage in the scope(s) of services contemplated under this agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. Consultant's services-shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professional practicing under similar conditions. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION, Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, or liability, or any portion thereof: including reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any specia~ incidental,. indirect, or consequential damages of any kind, including but not limited to lost profits or use, that may result from this Agreement or out of the services or goods furnished hereunder. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. The general liability policy shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to the City. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting c~cellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. CA-3 . INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deduction federaL income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. . CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or ay other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. DrSCRIMINA nON PROHBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. .. . TERMINATION. I a. The City reserves the right to terminate this agreement at any time by giving ten (I 0) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA4 DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adJudicated within the courts of Florida. Further, this agreement shall be construed under Florida law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming; Senior Project Manager Notices to Consultant shall be sent to the following address: INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. CA-5 DATED this ~ day of H&le.M her ,20~. CfIY OF BOYNTON BEACH ~~a Qtz<. t~, ~-+ Consultant Attest! Authenticated: 1./\ e..e. 9()o.l=t'So' \.) e. '-J \ Title (Corporate Seal) Attest! Authenticated: ~.L~ . { .~G Rev. 04/08103 Secretary CA-6 Exhibit A SCOPE D: ANCILLARY STUDIES and SERVICES . Rate Analysis . Accounting Procedures . Revenue Bonds . Risk Management . Employee Training . Performance Measurement & Organizational Management . NPDES Permitting . Vulnerability Assessments . Master Plan Updates . Clean Air Act Compliance . Consumer Confidence Report . Consumer Satisfaction Survey . Wastewater Capacity Analysis . Hydraulic Analysis . Power Analysis . Geographic Information Systems . Aerial Photogrammetry & Photography . Process Controls & Instrumentation . Data Acquisition and Control Services (DACS) . Supervisory Control & Data Acquisition (SCADA) . Other Related Services EXHIBIT B Stanley Consultants, Inc. . Hourly Fees and Charges Classification Hourly Rate Employees Identified Project Director (principal) $140.80 Tshaka Dennis, P .E. SC-16 Client Service Manager $140.80 Tshaka Dennis, P.E. SC-16 Senior Project Manager David Grounds, P .E. $159.80 Charles Meyer, P .E. SC-17 Patrick Mullin, P .E. Project Engineer $108.25 Brian Roth, P .E. SC-13 Scientist i'O"c $~ Michael Durham, QEP SC-16 'S.u., I.e. JI~ (). i~df> Senior Designer lOt'" $~ Jon Ahlschwede, S.B.T. SC-16 'j~- leJlv !/l.jbl.$ Designer '1,. f1 $ fflO:15' Daniel Hill SC-12 ~;u.. Ie.. #0-- 10 It,. a Senior Engineer/Hydrogeologist $126.00 William Holman, P.E. SC-15 Engineer/Hydrogeologist /I g Q:J (Technical Specialist) $116.60 SC-14 Michael Donnelly, PO S..u Icrllor IV)/r>'(J3 Senior Professional Surveyor/Mapper Services to be provided by $95.00 sub consultant - Betsy Lindsay, Inc. Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 3 Charges sheet. . EXHIBIT B Stanley Consultants, Inc. Hourly Fees and Charges Classification Hourly Rate Employees Identified Professional SurveyorlMapper Services to be provided by $85.00 subconsultant - Betsy Lindsay, Inc. Engineering/Survey Technician Services to be provided by $75.00 sub consultant - I Betsy Lindsay, Inc. Senior Field Representative J.1 J f1.I (Professional) $~' SC-16 James McLellan, P,E. :s&. le-'I-.u /Olft;.~ Survey Crew $150.00 (3-man GPS) Services to be provided by $130.00 (2-man GPS) subconsultant - $ 90.00 (I-man GPS) Betsy Lindsay, Inc. GIS Specialist $108.25 Daniel Miller, P.E. SC-13 ---- Graphics Specialist .-.--, $73.75 (---- Joanne DiGnazio, C.D. I SC-8 , " , . -- Senior Inspector $73.75 James Russen SC-8 I GPS Equipment Services to be provided by I $ 40.00 I sub consultant, Betsy Lindsay, I I I Inc. I --- Senior Administrative Support ! ! $67,75 I Renee Jones I SC-7 I I I ! Administrative Support ~1fOC 1 $.S4M) I I SC-5 I Patricia Gringeri I '5U-. Ie-~fb to./ ha I Paraprofessional $67.75 Karen McDaniel SC-7 Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 4 Charges sheet. EXHIBIT B Stanley Consultants, Inc. Hourly Fees and Charges Classification Hourly Rate Employees Identified Aerial Photogramrnetry Services to be provided by See attached sub consultant, Aerial Cartographics of America, Inc. Computer System Analysis i1i.fco $140.8& Chuck Littler SC-16 ~ Ie.l-'#* lti. it..,.(j3 Rate Study $108.25 Brian Roth, P .E. SC-13 Financial Services $108.25 Brian Roth, P .E. SC-13 Instrumentation and Control Services $126.00 Jeffrey Gambrall, P.E. SC-l5 Human Resource Services i 3)./cu $ffiO.OO Robert Berg SC-18 :Su.. 1eJ/'{T ) D lip {ll Data Acquisition and Control Services $116.60 Steven Tripmacker SC-14 Direct Costs - Mark -up % Office, reproduction, mailing, etc. At Cost Plus 10% Direct Costs - Mark-up % sub- consultants At Cost Plus 10% Senior Environmental Analyst $116.60 Edwin Slattery SC-14 . Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 5 Charges sheet. EXHIBIT B Stanley Consultants, Inc. Hourly Fees and Charges Classification Hourly Rate Employees Identified Environmental Analyst $108.25 James Hodina, QEP SC-13 Planner $79.50 John Sayles, AlCP SC-9 Senior Architect $116.60 Richard Herrick, AlA SC-14 Architect $93.10 Gail Ray, AIA SC-l1 Senior Structural Engineer $126.00 Kent Turner, P.E. SC-15 Structural Engineer $108.25 Larry Badtram, P .E. SC-13 Senior Electrical Engineer $140.80 I Vernon McAllister, P.E. SC-16 ! Electrical Engineer $126.00 David Goetz, P .E. SC-IS - $116.60 Stewart Primrose, P.E. Senior Mechanical Engineer SC-14 Mechanical Engineer $93.10 Jon Bovenkamp, P.E. SC-Il Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and to Charges sbeet. . Exhibit B Stanley Consultants INC. A S!riy ~ Company ~ ErMronmentaJ and CaIsbuctim 5eMw . WcrtWde October 16, 2003 RECEIVED OCT 2 ,. Ms. Barbara Conboy - Manager, Utilities Administration The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 RE: Certified Letter # 7003 1010000063009538 Billable Classification Rates Dear Ms. Conboy: Thank you for the above referenced letter. We have reviewed your average rates for the categories listed in your letter and are willing to accept your rate Cap of 20 percent above these average rates. Therefore, we are willing to accept the following rates for the classifications listed: Classification Agreed Upon Rates Scientist $120.00 Senior Designer $108.00 Designer $ 86.00 EngineerlHydrogeologist (Technical Training) $113.00 Senior Field Representative (Professional) $121.00 Administrative Support $ 54.00 Computer System Analysis $134.00 Human Resource Services $134.00 Thank you very much for your effort and consideration and we look forward to working with the City in the near future. Sincerely, Stanley Consultants, Inc. ~ Tshaka E. Dennis, P.E. Project Principal ~ S:\Adminislration\Conboy Boynton Beach IO-16-03.doc .-.._.!.... '"". ....... .._....~ .....1. __I.... n~~.t r-..:.. ......... r-...... ......,..... .... .1. r'1..,.,...,.,... ...,.. ,.....""..,... t ...... ..__ _........ ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR CH I 0... ore (MM/DDIYYYY) 1 SCCOK-1 12/10/03 PFtODuc.ER THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION M.i.l1er, l.Jarri.~on , & Beckey ONLY AND CONFERS NO RIGHTS UPON THE CER11FICATE Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 100 W. Second St. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Muscatine rA 52761 phone: 56:3-263-6044 Fax:563-263-6667 INSURERS AFFORDING COVERAGE HAle # INSURED INSURER A; St. Paul Fire & Marine 13706 INSURER B: S~l~ Coa.ultants,~Ine. INSURER C: 1 01 Belve ere Road 400 E INSURER 0: We3t Pa m Beach FL 3 406 INSURER E: COVERAGES THE POUCIES OF NSURA~CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAtED. NqTW1ltiSTANDING I AIN REOUIREMENr. TERN OR CONDITION OF ANY COHTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I MAY PERTAIN. THEINSURA.NCE AFFORDED BY THE POLICIES OESCRIBE9 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POlICIES.AGGREllATE LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,. LTR NSR rYPE OF ItoISURANCE POUCY NUMBER I DATE fMMIOD/YYl DATE rlHllOOIYYI UMI1$ GEN ERA!. LIABILITY I EACH OCCURRENCE S 1 000 000 - A X X CONMERCIA.L GENeRAL UABILITY CK01402156 01/01/03 01/01/04 PREMISES lea 0CCUI'III1Qll) s 100 000 I CLAIMS IAADE [!J OCCUR MED EXP (Anyone pem>n) S 5,000 - peRSONAL & MN INJURY S 1 000 000 GENeRAL AGGREGAore S 2 000 000 - I ~ A~filEUMIT APPUES PER: - PRODUCT5-COMP~PAGG S 2 000 000 PRD- n POley X JECT LOC ." ., . <'~ \, AUTOMOalt.E L~BIUTY COMBINED SINGLE LIMIT sl,OOO,OOO - A X ~ A!<Y AUTO CK014021S6 01/01/03 01/01/04 (Ea accident) I ~ ALL OWNED AUTOS ElODIL Y INJURY I (Per poinon) $ I ! ~ SCHEDULED ALlTOS ~ ~ HIRED AUTOS BODILY INJURY S ~ NONOWNS) AUTOS (Per accident) ---.- PROPERTY DAMAGE I - (Per aecldenl) S GARAGE LJABlUrY AUTO ONLY. EA ACCIDENT S I ==1 ANY AUTO OltiER THAN EA ACe s AUTO ONLY: AGG $ EXCESSIUMElRELLA UABIUTY EACH OCCURReNCE $ =:J OCCUR D CLAIMS IAADE "'" AGGREGATE $ ----~--- $ --._-- ----- R DEDUCTIElLE $ I . _.,_.._,,----~_._--~ RETENTION S S i woRKERS CQMPENSAll()t( AHD I X lTORY L1P.1ITS 1 IU~ -- EMPLOYERS' LIABIUTY WVA1403645 01/01/03 01/01/04 E,L EACH ACCIDENT $ 500,000 A my PROPRIETORIPARTNERlEXECUTIVE OFFICERlMEt.lBER EXCLUOED? EL DISEASE - EA EMPLOYEE $ 500 000 ~~~~~V~~~S below E.L. DISEASE - POLICY LIMIT S 500,000 OTHER I I I 1 DESCRIPTION OF OPERATIONS I L.OCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS I General Engineering Services, RFQ No. 065-2821-03/CJD. Certificate holder ! is included as an additional insured on general and auto liability coverage. I i I i j CERTIFICATE HOLDER CANCELLATION BOYN001 SHOULD ANY OF ltiE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE IS$UlNO INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRI1'TEN City of Boynton Beach NOTICE TO lti~ CERTIFICATE HOLDER NAMED 'TO THE LEFT, ElUT FAILURE TO DO so SHALL Uti~ities Department IMPOSE NO OSLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 124 East Woolbridqe Road Boynton Beach FL 33435 REPRESENTATlVES. AUTHORIZED REPRESENTA Michael Harris ACORD 25 (2001/()8) . CJVA For AD the 110-.1, ,,"nto You MUoo. PROFESSIONAL LIABILITY ARCHITECTS/ENGINEERS INSURED: SC COMPANIES, INC. Policy AEA 00-822-09-75 MEMORANDUM OF INSURANCE ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY This memorandum is issued Addressee: as a matter of information City of Boynton Beach only and confers no rights upon the holder. By its utilities Department issuance the Company does 124 East WOolbright Road not alter, change, modify Boynton Beach, FL 33435 or extend the provisions of said policy and does not waive any of its Name and Address of Insured: rights thereunder. Stanley COnsultants, Inc. 1601 Belvedere Road HOD E West Palm Beach, FL 33406 Policy Period: 08/05/03 to 08/05/04 $ 1,000,000 Per Claim limit of liability (including claims expenses) $ 1,000,000 Aggregate limit of liability (including claims expenses) The policy provides contractual liability coverage for liability of others which the insured assumes under a written contract provided such liability is caused solely by the insured's negligent act, error or omission. In the event of the cancellation of the Insurance as shown herein, the Continental Casualty Company or its authorized representative will provide thirty (30) days prior written notice to the party to whom this certificate is addressed at the address stated herein. The mailing of such notice shall be sufficient proof of notice. The above named insured has in force, on the date indicated below, a policy of professional liability insurance issued by the Continental Casualty Company with a limit of liability of not less than the amount indicated above. Dated at: Chevy Chase, Maryland Date December 10, 2003 VICTOR O. SCHINNERER & CO. BY: ~- ~.~ . dR' ut or~ze epresentatlve 1-41249-A . . Sta nley Consultants INC. A itan~ Goup COll1XlIly Eljineocing.Envionnw.ntal ard ConstnJdioo ServiCl!S' Woridwide RECEIVED December 11, 2003 DEe 11 20@ BOYNI'OtlllCHUTfI.\TIES Ms. Barbara Conboy Manager, Utilities Administration Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 SUBJECT: Consultant Agreement Two-Year General Consulting and Engineering Services Dear Ms. Conboy: As requested, please find enclosed an executed original Consultant Agreement for the above subject project. Also enclosed is a copy of an Original Insurance Certificate naming the City of Boynton Beach as additional insured. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, STANLEY CONSULTANTS, INC. Tshaka E. Dennis, P.E. Project Principal Enclosure S:\Administration\Conboy-Executed Agreement TO 12-1 ] ~3 .doc ..~ Servico Centre. '601 Belvedere Road, Suite 400 East. West Palm Beach. FL 33406 . phone 561.6B9.7444 . fax 561.689.3003 VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August 19, 200S August 4, 200S (Noon) D October 21, 2008 October 6,2008 (Noon) D September 2, 200S August IS, 2008 (Noon) D November 5, 200S October 20, 2008 (Noon) D September 16, 2008 September 2, 200S (Noon) D November IS, 200S November 3. 200S (Noon) D October 7, 200S September 15, 200S (Noon) D December 2, 200S November 17. 200S (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approve 12 month contract with Commercial Risk Management, Inc., for workers' compensation third party administration (TP A) services, in the amount of $24,500, with option of 2 one-year extensions. Contract to be effective October I, 2008, following expiration of current contract with other service provider. EXPLANATION: Efforts to reduce costs resulted in proposal to unbundle services provided by current TP A. Consultant obtained, analyzed and recommended change to new provider identifying specific services to be provided. Current provider is no longer providing adequate services and fees were found to be above current market. Please see attached memorandum outlining recommended change. PROGRAM IMP ACT: Unbundled services results in receiving only those services needed and contracted for at reduced costs. Recommended provider has excellent record and reputation with other clients and local attorneys. Recommended provider has more stable staff and can offer single point adjuster for all workers' compensation claims, rather than different adjusters for first notice, medical only and lost time claims. FISCAL IMPACT: Current FY 2007-8 expenditure is $42,200. Proposed FY 2008-9 expenditure is $24,500. This will be a $17,700 saving by changing providers and using unbundled services. Account #522-1710-519-45.09. ALTERN A TIVES: Remain with current provider resulting in continuing decrease in quality of service at higher cost than available. ~~rure Assistant to City Manager (/HL- RISK MANAGEMENT Department Name City Attorney / Finance RMIWP/CJM/ClaimwclWC TPA Agenda Item Request August 19, 200S.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC i i II I I, i I I' I 1 i -, RESOLUTION NO. R08- - :1 4 :5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING A 7 SERVICE AGREEMENT BETWEEN THE CITY OF 8 BOYNTON BEACH AND COMMERCIAL RISK 9 MANAGEMENT, INC., FOR WORKERS' ]0 COMPENSATION THIRD PARTY ADMINISTRATION; 11 AUTHORIZING THE CITY MANAGER AND CITY I:: CLERK TO EXECUTE SAID AGREEMENT; AND 1 ~ PROVIDING AN EFFECTIVE DATE. .' ]4 15 16 WHEREAS, efforts by City staff to reduce costs have resulted in a proposal to 17 unbundle services provided by the current third party administrator: and 18 WHEREAS, the City's Consultant obtained, analyzed and recommended change to J 19 new provider identifying specific services to be provided; and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it 111 the best ::1 interest. health, safety and welfare of the citizens and residents of Boynton Beach to enter into )) the twelve (12) month Service Agreement with Commercial Risk Management. Inc. -,~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF -.' ::4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~5 Section 1. Each Whereas clause set forth above IS true and con-eel amI 26 incorporated herein by this reference. ::7 Section 2. The City Commission of the City of Boynton Beach. Florida hereby 28 approves and authorizes the City Manager and City Clerk to execute the Service A.u.rccment 29 between the City of Boynton Beach and Commercial Risk Management. Inc.. j\.)r \\orkers' ,1U compensation third party administration services, a copy of said Agreement is attacheJ hereto \,l' \ Rl:\UAgrecmelllS\CUl11merclul Risk Il;lunugen1\:1l1 dUl I , I I I i , , , 11 as Exhibit "A". ')1 Section 3. That this Resolution shall become effective immediately upon passage. -I ] 3 PASSED AND ADOPTED this _ day of August, 2008. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor - Jerry Taylor 10 II 12 13 Vice Mayor - Jose Rodriguez ]4 15 16 ]7 Commissioner - Ronald Weiland 18 ]9 20 21 Commissioner - Woodrow L. Hay 22 23 24 25 Commissioner ~ Marlene Ross 26 ATTEST: 27 28 29 30 Janet M. Prainito, CMC 31 City Clerk 32 33 34 (Corporate Seal) 35 36 S \CA\RESO\Agreements-Commercial Risk Management.doc SERVICE AGREEMENT TIllS SERVICE AGREEMENT (the "Agreement") is made and entered into by and between COM:MERCIAL RISK MANAGEMENT, INC. (referred to as the "Company") and CITY OF BOYNTON BEACH., FLORIDA (referred to herein as the "Self-Insured"). In consideration of the covenants and conditions set forth below to be performed and observed by the parties hereto and in consideration of the sum often dollars ($10.00) and other good and valuable considerations passing between the parties hereto, it is agreed as follows: 1. The excess workers' compensation and employers liability insurance coverage is to be placed by others. 2. So long as this Agreement remains in effect, the Company will furnish claims handling and statistical data, including filing of all forms and reports (from data supplied by the Self-Insured) as required by the Florida Department of Financial Services. 3. The Company will handle to a conclusion all claims which occur during the period that this Agreement remains in effect. The cost of handling the tail for the initial twelve (12) month term of this Agreement and for each one-year renewal of the term of this Agreement will be considered to be included in the Annual Service Fee to be paid upon each renewal of the term of this Agreement. However, in the event of any cancellation of this Agreement, the Self-Insured shall pay to the Company an administrative fee for handling the tail in an amount to be negotiated between the Company and the Self-Insured, which administrative fee shall not exceed ten percent (10%) of paid loss, and which administrative fee shall be payable on a monthly basis as invoiced by the Company. Furthermore, in the event of any cancellation of this Agreement, the Company agrees to continue to provide claims adjusting services on all claims incurred during the period that this Agreement was in effect, if requested to do so by the Self-Insured, for a maximum period of ninety (90) days. The Company shall be entitled to a fee for such continuing claims adjusting services equal to a pro-rata portion of the Annual Service Fee specified below, payable monthly as invoiced by the Company. In the event claims files and claims servicing responsibilities are transferred to a new service company, the Company will provide an accounting of all claims and claims activity to the new service company. Upon the transfer of the files and final accounting of the claims Page 1 of 4 activity, the Company shall be released from all further responsibility and liability under this Agreement and the Self-Insured shall indemnify and hold harmless the Company with respect to all claims activity occurring on and after the date of such transfer. In the event of the insolvency of the Self-Insured, the Company will provide claims adjusting services on all claims incurred during the period that this Agreement was in effect for a maximum period of ninety (90) days or until relieved of this responsibility by the Division of Workers' Compensation of the Department of Financial Services. The Company shall be entitled to a fee for such continuing claims adjusting services equal to a pro rata portion of the Annual Service Fee specified below, payable monthly as invoiced by the Company. The Company acknowledges that files containing the records of the Self-Insured's claims shall belong to the Self-Insured, provided that the Company shall, at its expense, have the right to retain copies of any and all such records to the extent determined appropriate by the Company. All claim expenses commonly referred to in the insurance industry as "Allocated Claims Expenses" shall be the responsibility of, and paid by, the Self-Insured. Without limiting the generality of the immediately preceding sentence, the term "Allocated Claims Expenses" shall include such items as attorneys' fees, court costs and independent investigative claims costs. 4. Manual Premium is computed by multiplying unlimited payroll by class times National Council on Compensation Insurance ("NCCr') manual rates in effect for the auditable period. Standard Premium equals Manual Premium times experience modification, computed in accordance with the Rules of NCC!. Furthermore, NeCI rates will be utilized to determine Florida State Assessments and Guaranty Fund Assessments. All such Assessments shall be paid directly by the Self-Insured to the Florida Department of Financial Services on a quarterly basis, as invoiced. 5. The Self-Insured shall pay to the Company, for the Company's services under this Agreement (except as otherwise provided in this Agreement), an Annual Service Fee (referred to herein as the "Annual Service Fee"). The initial Annual Minimum and Deposit Service Fee shall be $24,900.00 adjustable by final annual payroll audit at a rate of 1.32% of Manual Premium. January 1, 2008 manual rates will be used for calculating the audited service fee for the term of this Agreement. The Annual Service Fee is payable in four quarterly payments of $6,225.00 as invoiced by the Company. cs-;"tecJ- to l.O e 'i Cf!!t 6. The term of this Agreeme shall be twelve (12) months, with such term being deemed to have commenced at 12:01 .m. on October 1, 2008, and with such term to terminate at 12:01 a.m. on September 30, 010 Any renewal of the term of this Agreement shall be documented by an instrument in wnting signed on behalf of both the Company and the Self- Insured. Notwithstanding the foregoing provisions of this paragraph, either the Self-Insured or the Company shall have the right to cancel this Agreement solely by giving the other not less than sixty (60) days' advance written notice of the proposed date of cancellation. Any such cancellation of this Agreement shall be subject to all of the applicable terms and provisions of this Agreement. Page 2 of 4 7. Each notice, request, demand, consent, approval or other communication required or permitted under this Agreement (collectively a "notice") shall be valid only if it is (a) in writing [or sent by telex, telegram or telecopy and promptly confirmed in writing] and (b) addressed by the sender to the other party at its address and in the manner set forth below: a. If to the Company: COMMERCIAL RISK MANAGEMENT, INe Post Office Box 18366 Tampa, Florida 33679-8366 b. If to the Self-Insured: CITY OF BOYNTON BEACH, FLORIDA P.O. Box 310 Boynton Beach, FI 33425 Except as otherwise provided herein, each notice shall be effective on the earlier of its receipt, if delivered personally or by courier, or the third day after it (or the written confirmation of it) is postmarked for dispatch by fIrst-class, postage prepaid, certified or registered, United States Mail, with return receipt requested (whether or not the return receipt is subsequently received by the sender). Any party wishing to change the person or address to which notices are to be given may do so by complying with the notice provisions of this paragraph. 8. This Agreement embodies the entire Agreement and understanding between the parties with respect to the subject matter hereof: expressly superseding all prior Agreements and understanding, whether oral or written. No amendment, modifIcation or attempted waiver of any provisions of the Agreement shall be binding upon either party to this Agreement unless reduced to writing and signed by or on behalf of each of the parties to this Agreement. The waiver by either party of any breach of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of such covenant or condition or of the breach of any other covenant or condition contained in this Agreement. Any number of counter parts of this Agreement may be signed and delivered, each of which shall be considered an original and all of which, together, shall constitute one and the same instrument. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be utilized in the interpretation or construction of this Agreement. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Florida. In the event any litigation shall be instituted for the purpose of enforcing any of the provisions of this Agreement, the prevailing party, as determined by the court having jurisdiction thereof, shall be entitled to recover from the non~prevailing party, in addition to all other relief, an amount equal to all costs and expenses incurred in connection with such litigation, including, without limitation, reasonable attorneys' fees at the pretrial level, the trial level and in connection with all appellate proceedings. The provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, and their respective successors and assigns. Page 3 of 4 IN WITNESS WHEREOF, the Company ~ caused this ~eement to be executed by its undersigned officers duly authorized this 't. S - day of v v '-1 ' 2008, but effective as of October 1, 2008. ' ::~i~~'INC its Vice President ~k its President IN WITNESS WHEREOF, the Self-Insured has caused this Agreement to be executed by its undersigned officers duly authorized this day of , 2008, but effective as of October 1, 2008. CITY OF BOYNTON BEACH, FLORIDA By: Its ATTEST: By: Its Page 4 of 4 The City of Boynton Beach, Florida Risk Management Department MEMORANDUM TO: Lori La Verriere Assistant City Manager FROM: Chuck Magazine Risk Manager DATE: July 14, 2008 SUBJECT: Workers' Compensation Third Party Administration As part of this Department's efforts to reduce costs, we had previously advised that we were looking at changing our Third Party Administrator (TP A) services provider and assuming more direct control over our claims. We decided to look at "unbundling" our services where we would be able to assume more responsibility for our claims, and only purchase those services necessary. To assist us in this evaluation process, we contracted with OccMedPros, a well-respected local consultant. (See their report attached.) Their assignment was to identify those services we could perform in-house and those we would need to purchase. The evaluation and results are attached. Please note that our current expenditure per year is $42,200. The proposed new program will cost $24,500. Please note that the cost for the consultant is $1,500. Weare also recommending that we drop out of the Managed Care Program established by the State. (See memorandum from Pam Brown attached.) The out of pocket savings for this will be $1,000 every other year. We also anticipate that being leaving Managed Care, there will be savings from the claims handling. Another reason for leaving our current TP A are operational and management problems we have been having with the incumbent company. These are also outlined in Pam Brown's memorandum. Please also note that Alison Schefer, one of our workers' compensation attorneys, speaks very favorably regarding Commercial Risk Management and opting out of Managed Care. I am therefore recommending that at the expiration of the current contract with PGCS, our current TP A, that we contract with Commercial Risk Management Inc., to provide the services outlined in the report from OccMedPros. I also recommend that we opt out of the State's Managed Care Program. Please note that I have been advised that there are only three public entities left in this program, of which the City of Boynton Beach is one. Please advise if you have any questions. Thank you. A TT ACHMENTS RMlWPICJM/CIaimwc/WC TP AD 1. doc ~Off PrtJtltJntlOn ~ LOff Control rfrotgf Protlctlf/tJ Jqtl~/t?f II OccMedPros July 10, 2008 City of Boynton Beach TP A Assessment Needs The City of Boynton Beach wants to "unbundle" Workers' Compensation claims processing services, including ED!. The City needs a service- oriented company with open communication to the claims department and a low turnover rate in claims personnel. The City requires a TP A with an electronic data entry system to process claims on-line with the state of Florida. Research With experience in handling governmental entity claims and the above needs in mind, seven companies were contacted. After reviewing the services, experience, and referrals, OccMedPros presented the top three companies fitting the criteria. Discussion Three proposals were submitted. Strong points, weaknesses, referrals of each were discussed. There are as follows: 1. Johns Eastern Company, Bradenton, FL. Johns Eastern is a high-quality, service oriented TP A that offers the kind of one- to-one communication that the City is looking for. They are adept at handling electronic claims processing and have a proprietary system in place. The Company rates very high in customer satisfaction with clients and industry professionals. They have offices throughout Florida. The Johns Eastern proposal was priced at $50,000 based on 100 claims. At this price, there would be no savings over the City of Boynton Beach's current contract. 2. Commercial Risk Management, Inc., Tampa, FL. Commercial Risk Management is the company that scored the highest in customer satisfaction, low-turnover rate, and client communication. Many of their clients have been with them for over 10 years and gladly recommend them. The principals and claims management team have been in place for 18 + years. The average adjuster has been there for over 12 years. Commercial Risk Management has guaranteed that the City can have one adjuster who is dedicated and responsible for their account, thus enhancing client-provider communication. They have an electronic claims processing system in place. The Commercial Risk Management proposal was priced at $24,500 based on 100 claims. At this price, there would be considerable savings for the City of Boynton Beach over their current contract. 3. Cambridge Integrated Services Cambridge Integrated Services is a national TP A with offices throughout the state of Florida including Pompano Beach. They are a service oriented company with an electronic claims processing system in place. They have enjoyed a good reputation among their clients and the industry for the past few years. Upon closer review, it was brought to my attention that they have had quite a bit oftumover in the past 6-9 months. Many clients have been passed off to different adjusters and claims processors, often in the middle of a claim. Two of their top clients are getting ready to make a change. The Cambridge Integrated Services proposal was priced at $26,350 based on 100 claims. At this price, there would be considerable savings for the City of Boynton Beach over their current contract. Recommendation Commercial Risk Management is the company that best suits the needs of the City of Boynton Beach. They have outstanding customer service and satisfaction, an extremely low employee turnover rate, and electronic claims processing. They will guarantee open communication by giving the City a dedicated adjuster. Their proposed contract will result in considerable savings for the City of Boynton Beach. . City of Boynton TPA Claims Beach Carve-Out for EDI, Handling Services Network? Client TPA Location Multiple offices? Gov't Exp.? EDI in house? choice? Overall Est. Cost? Johns Eastern Sarasota, FL yes, including WPB yes yes Rockport, client Fee proportional $50,000 for 100 w/c Commercial Risk CorVel, Client One price based on Management Tampa, FL no yes yes choice past client claims & $24,500 for 100 w/c m Cambridge yes, including Claims Integrated Systems Tampa, FL Porn pano Beach yes yes First Health (Focus) Administration fees Client can add $26,350 for 100 w/c ~ .-- -- Specialty Claims fee per service; Service Winter Park, FL no yes no, CorVel CorVel adjusting services fax, photocopies, -.-. Frank Company quoted Gates/Attenta Lake Mary, FL yes. no yes First Health (Focus) different price on experience or fee up with a written -- -- - ---_.._-----,~-- GAB/Robins Lake Mary FL. not for w/c no yes CorVel, First Health Fees based on past estimated -$25,000 -- -- exceed 30 new - -- Did not pursue Altamonte Springs. ICS FL no yes not yet, Rockport further as company ~----- ---- by August 08 system in place yet. The City of Boynton Beach, Florida Risk Management Department MEMORANDUM TO: Chuck Magazine FROM: Pam Brown Claims Administration DA TE: July 2, 2008 SUBJECT: Managed Care Options PGCS and TP A Options After much discussion with numerous service providers including workers' compensation lawyers, I believe opting out of Managed Care is a better option for the City. I was informed several issues that have come up: - Better control of our Provider Network List and of our program - Worker's Compensation Judges are looking at these claims in a negative way - We would not have to pay for !ME's - No payment to AHCA for the program - No future audits and necessary reports for Managed Care I do believe that we would have much more control and understand there will be more responsibility on the City's side handling worker's compensation claims. Pertaining to PGCS, it is time to look into different options due to the past problems and continuing problems I see in the future due to their recent lay offs. Since Theresa Moe left, PGCS does not seem to be able to maintain a stable staff of employees, especially on our cases. We deal with two different adjusters, one for medical only and one for work loss claims. This makes it more trying for us to discuss the claims with the appropriate adjuster. In my opinion, I do not believe they have the necessary experience that is needed for our claims, since we are so proactive on each claim. We do all of the managed care duties for the claimants and when requests are made by us, it seems to take a considerable amount of time to complete the requests. Concerning fines and penalties from the State, in recent months, again since Ms. Moe left, we have been assessed numerous fines and penalties for late or non payment of services. I understand that PGCS should be covering these fines, but I do not believe it bodes well for us. This office seems to receive more calls from service providers concerning payment since Ms. Moe left. "Loss Prevention & Loss Control Through Proactive Strategies" ",'~ "^.'.'-~.""'."'''''"'''''''''-''''"''_'''''''_'''\''''''~i;''''~';'''''''''''C'''"H;,.i"'....".."...,." c..",,'," ~ . Communication seems to be lacking between PGCS and us on various situations; for instance, recently when an adjuster resigned from their office we were continuously told that she was just out of the office, when in fact she would not be back. We seem to be the last to accurately get information that is pertinent to us. I have researched information given to us by Lisa Minnaker on several TPA's and Commercial Risk seems to be our most viable choice. The references I am getting on them is very positive and they seem to be able to work with us on a seamless conversion of claims. They would meet with us here and also go to PGCS to pick up all claims from them. They do not have the RiskMaster program but will be able to adapt to the type of reports we will need, loss runs, reports for actuary, etc. They have a very stable staff averaging about 15 years of service from employees and seem to very attentive and helpful. I spoke to Alison and she said they are the best in Florida and very easy to work with. The litigation files will sustain no impact as to the change and neither should any other claims. If you need any more information or need me to research anything else, please let me know. Thanksl /pb "Loss Prevention & Loss Control Through Proactive Strategies" VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.8 AGENDA ITEM REQUEST FOAAl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve a Resolution ratifying the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on July 31, 2008. EXPLANATION: On July 31, 2008, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board unanimously approved, by a vote of 8- 0, the following items that are now before the City Commission for ratification: a. Accepted 2008/2009 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures; b. Authorize the establishment of a user rate in Fiscal Year 2008-2009 for wastewater in the amount of $.9977/1,000 gallons for Operations and Maintenance and $ .1940/1,000 gallons for Reserves bringing the total to $1.1917/1,000 gallons; c. Authorized Board to establish a reclaim user rate to consumers (Delray and Plant) for Fiscal Year 2008/2009 as follows: $0.16139/1,000 gallons; and d. Accepted the 2008/2009 Organizational Chart and Salary Range Revisions as well as the two job description revisions and the addition of a new job position. This City Commission ratification is the confirmation process for the actions taken by the S.C.RW.T.D. Board. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\CC\WP\CCAGENDA\SCRWTD Ratifications\Agenda Item Request - SCRWTD Ratifications for 07-31-08.doc RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JUL Y 31, 2008 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 31, 2008 by a vote of 8-0, accepted 2008/2009 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , ,by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocslBdMtgslR atifsl200 7- 20081BoyntonBeachRatif 07-31-2008. doc AGENDA ITEM J2a South Central Regional Wastewater Treatment & Disposal Board Executive Summary FN 2008/2009 WASTEWATER BUDGET The Operations budget for 2008/2009 is $6,117,658 which is $910,658 over last year's budget and $1,061,458 over the FlY 2007/2008 projected expenditures. Due to this increase, we are requesting a rate increase to $1.1917 or O&M and Reserves, up 15.7% from the 2007/2008 rate. Rate in 2007/2008 for O&M and Reserves was $1.03/1,000 gal; prior rate 2006/2007 was $0.9832/1,000 gal. This increase is due primarily to the following three (3) line items, (including a decrease in personnel & sludge hauling): 2007/2008 2008/2009 Personnel (decrease) 1,694,000 1,595,358 Less One Employee/Expand responsibilities New Pelletization Fees 0 495,000 Sludge handling SWA - tipping fees Sludge Hauling 490,000 352,000 Sludge hauling SWA - shorter distance Injection Well Process 0 684,000 Ocean Outfall Line elimination Operating Contingency 0 10,000 Lab procedures, compliance, etc. $2,184,000 $3,136,358 NOTICE: Our rate this year is an estimate for the new process of 100% Reclaim water and deep well injection to eliminate discharge to the Atlantic Ocean, requiring additional chemicals and pumping of the treated water. These estimates are based on our current knowledge of the process, vendors' specifications, and anticipated rate increases due to the current economy. The Solid Waste Authority's contract will impact the cost for hauling sludge to the new pelletization facility for conversion into fertilizer; also an added tipping fee. To date we have not been advised of any increases to the tipping fee. We have factored in the H&H Sludge hauling CPI-U 4.2% increase in this budget. RECLAIM USER RATE/BUDGET The projected budget is increased for all plant's influent flow that must now be treated to reclaim standard. Therefore the Reclaim O&M budget for 2008/2009 is $1,019,000, which is $540,000 over our last year budget. Increases due relate to electric consumption and rate; in addition to increased chemical usage. Our User Rate for reclaim will decrease from $0.28/1,000 gal to $0.16139 per 1,000 gal due to the increased amount of flow that will now be handled by the facility. WASTEWATER RESERVE FOR REPAIR AND REPLACEMENT It is estimated as of 05/31/2008 we will have $2,500,000 in the wastewater Reserve for Repair & Replacement un-encumbered. We anticipate expenditures of $ 1 ,497,000:t of this years budget for various projects mainly related to the Clarifiers, Headworks Scrubber, Bar Screen, and Reclaim equipment repairs. The new rate for Repair & Replacement of $0.1940/1,000 gal will generate $1,189,000 at minimum flow. POTENTIAL CAPITAL PROJECTS The Cities have paid $9.8m 10/01/07 through 06/30/08, remainder of FlY 2007-2008 the Board will require $11,032,943 (before SFWMD $3.4m & FLDEP $500k Grants) and FlY 2008-2009 $1,389,200 from each city 50/50 for construction of Reclaim Expansion, and construction of Solid Waste Authority Pelletization Project. F:\docs\Budget\fy2008-2009\Exec Summary 2008-2009.doc 8/1/2008 10:07:46 AM AGENDA ITF\~ .J2h South Central Regional Wastewater Treatment & Disposal Board Salient Budget Changes 2008/2009 Budget Projected Budget Increase/ 2007/2008 2007/2008 2008/2009 (decrease) PERSONNEL SERVICES - TOTAL 1,694,000 1,613,000 1,595,358 -5.82% 1212 Regular Wages 4% avg inc, restructure due to Executive Director change (% decrease impacted by reduction of Reclaim allowance) SERVICES - TOTAL 841,000 850,200 1,235,000 46.85% 3409 Pelletization Fees - SWA 465,000 100.00% New cost - Tipping fees to Solid Waste Authority 3410 Sludge Hauling 490,000 513,000 352,000 -28.16% Distance from SWA versus Yeehaw OPERATIONS/MAINTENANCE - TOTAL 1,742,000 1,598,000 2,309,300 32.57% 4304 Injection Well Process 684,000 100.00% New costs associated with deep well injection CHEMICAL/SUPPLIES - TOTAL 845,000 925,000 891,000 5.44% CHEMICALS 770,000 851,000 802,000 4.16% Chemicals increased - cost for products & fuel surcharges OPERATING CONTINGENCY - - 10,000 100.00% Lab procedures, certification, etc ENGINEERING 85,000 70,000 77,000 -9.41% Permit and Pre-treatment assistance F:\docs\Budget\fy2008-2009\acct detail fy 08-09 Page 1 AGENDA ITEM J2c w,'~::.~,",..........""",,,,.-,.....> . ,<<<<<-<<"__/-=~""___'.=_="">C"'""_,.,.",.,.,.,.,.",,o,.,,,___x=...<,,,,,,,,,,,,,,,,_,~<_""''>___<<<'''''''''.',',,,^'','<<<_m<<''''',,:,'..""",.=,_,...,..... 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V^,~' ........... ............. . . ......._..WN.._.'....^'. ~. w.....wuw'" ~,..... W,' '''''W~W "'"."'~~'.'.wm.'.<M.'..'..~=~M'.'.'" F:\docslBudgel\fy2008-2009\acct detail fy 08-09 South Central Regional Wastewater Treatment & Disposal Board \< d',!) WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2004-2009 2004-2005 2005-2006 2006-2007 2007 -2008 2007 -2008 2008-2009 DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1.270.599 $1.337.664 $1.398.008 51.694.000 51613.000 51 595.358 OPERATING EXPENSES 2.651.827 3.131.022 3.131.022 3428.000 3373,200 4435.300 SERVICES 711.681 724,375 747,740 841.000 850.200 1.235.000 OPERATIONS/MAINTENANCE 1.165.139 1.511,864 1.516.980 1.742.000 1.598.000 2309,300 CHEMICALS/SUPPLIES 775.007 825.295 866,302 845.000 925.000 891.000 - -- -- ---------- --- --- --------_.~---------- - --------------------- --------------------- - --------------------- .-----------. TOTAL PERSONNEL AND OPERATING EXPENSES 3,922426 4,468,686 4.529,030 5.122.000 4.986.200 6.030.658 OPERATING CONTINGENCY 10.000 10.000 0 0 0 10.000 ENGINEERING 138.645 138.645 90.954 85,000 70.000 77000 -- ---- -- --- ---------- -- - -- -- -- ----- ------- --------------------- --------------------- ----------------------" ---------------- TOTAL BUDGET $4,071,071 $4,617,331 $4,619,984 $5,207,000 $5,056,200 $6,117,658 rate = $ 0.9977 Min flow = 16.80000 avg flow = 17 4000 PERSONNEL ACCOUNT 2004-2005 2005-2006 2006-2007 2007-2008 2007 -2008 2008-2009 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDG' 1212 REGULAR WAGES $ 885,428 5 890.906 $ 903.019 $1.099.000 51.032.000 51.036.358 12121 SICKNACATION REDUCTIONS 7.223 25.596 49.524 55.000 84.000 45 000 1214 OVERTIME 40.889 50.634 57.929 40.000 40.000 40 000 12151 EMPLOYEE ASSIST. PROG. 567 567 567 1000 1.000 " 000 1221 SOCIAL SECURITY 77.290 78.713 86.697 103.000 93.000 100.000 1223 HEALTH INSURANCE 92.138 115.771 111.132 146.000 143.000 158.000 12231 DENTAL INSURANCE 9.615 0 7646 10.000 6.000 10000 12232 DISABILITY INSURANCE 5.352 6.094 5.352 6,000 6.000 6000 12233 LIFE INSURANCE 784 1.347 1.212 2000 2.000 2000 12234 VISION CARE 0 0 1043 2.000 1.000 2000 1224 WORKERS' COMPENSATION 35.332 36.393 29409 41.000 40.000 41000 1225 UNEMPLOYMENT 3.072 15.759 1,499 2.000 2000 1236 PENSION 111,825 115.093 102.952 145,000 125.000 120 ODD 1237 DEF COMP SUP 39.283 40.000 38.000 30 ODD 1240 PAYROLL CONTINGENCY 1.084 791 744 2.000 2.000 2 ODD --- - ---- -- -- ----- - --- --------------------- ~-------------------- ----------------- --- ------------ TOTAL PERSONNEL SERVICES $1,270,599 $1,337,664 $1,398,008 $1,694,000 $1,613,000 $1,59 $1,713,358 reclaim = $37.44 F \docs\Budget\fy2008-2009\acct detail fy 08-09 Page 1 of 5 ; ':'.1 (> AJ.~_ South Central Regional Wastewater Treatment & Disposal Board AGENDA ITEM J2c WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2004-2009 SERVICES ACCOUNT 2004-2005 2005-2006 2006-2007 2007-2008 2007 -2008 2008-2009 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3100 MEDICAL SERVICES $1,470 $400 $2,469 $2,000 $4,000 $2,000 3110 LEGAL (GENERAL & ADMIN) 35,364 10,386 48,124 42,000 40,000 52,000 3112 LEGAL (TOXICITY) 1,238 2,362 1,129 7,000 4,000 4,000 3120 SERVICES (G & A) 8,824 10,980 12,420 14,000 16,000 9,000 3200 AUDITING 23,024 21,000 27,500 40,000 36,000 40,000 3300 LAB PERMIT TESTING 51,200 50,160 50,850 90,000 77,000 90,000 3400 PRETREATMENT 0 0 0 0 0 0 3402 TOXICITY TESTING 0 0 0 0 0 0 3404 CHEMICAL ANALYSIS 0 0 0 0 0 0 3406 METER CALIBRATION 7,745 6,720 7,080 8,000 8,000 8,000 3409 PELLETIZA TION FEES - SWA 0 0 0 0 0 465,000 1 SLUDGE HAULING 430,587 441,056 444,040 490,000 513,000 352,000 3411 GRIT HAULING 79,504 97,149 107,920 90,000 111,000 152,000 3412 TRASH HAULING 890 887 644 1,000 1,200 1,000 3500 SERVICES (0 & M) 71,835 83,275 45,564 57,000 40,000 60,000 --------------------- --------------- ------ --------------------- --------------------- ----------------------- --------------------- TOTAL SERVICES $711,681 $724,375 $747,740 $841,000 $850,200 $1,235,000 F"\docs\Budget\fy200B-2009\acct de1ait fy 08-09 Page 2 of 5 8/1/2008 1()': lOAM South Central Regional Wastewater Treatment & Disposal Board \ll!''-: ! \! WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2004-2009 OPERA nONS/MAINTENANCE ACCOUNT 2004-2005 2005-2006 2006-2007 2007-2008 2007-2008 2008-2009 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4000 VEHICLE EXPENSE $12,627 512.979 5 12.612 515,000 $13.000 $15000 4020 BOARD CONTINGENCY 2,578 3.149 2,939 5.000 4.000 5000 4100 TELEPHONE 20,045 17178 13.666 15.000 14.000 15.000 4102 POSTAGE 3,428 3.621 2.852 5.000 5.000 5000 4300 ELECTRICITY 752,536 1.023.992 1.053.091 1,165.000 1.096.000 1 123.000 4302 WATER 25,682 10,027 13.125 24,000 35.000 10000 4303 IRR/PROCESS RECLAIM WATER 0 106.270 83,253 100,000 85.000 35.000 4304 INJECTION WELL PROCESS 0 0 0 0 684.000 4400 EQUIPMENT RENTAL 596 863 301 2,000 2.000 2000 4500 INSURANCE 197,906 197,498 214,217 254.000 186,000 257 000 4600 M & R EQUIPMENT 43.089 59.876 46.429 59.000 50,000 5 4620 M & R VEHICLES 2.810 4.743 3.764 7.000 7.000 10000 4630 M & R GROUNDS 6,998 11930 12.129 15.000 15.000 15000 4640 M & R BUILDINGS 11,188 4,612 10.110 10,000 12.000 15000 4650 M & R UNSPECIFIED 22,846 20,048 10.705 20.000 19,000 20.000 4900 ADVERTISING 3.656 5.774 6.017 3000 10,000 200Ci 4902 LICENSE & PERMITS 17.904 11.968 12.694 17000 17000 1730l; 5400 MEMBERSHIP DUES & SUBSCRIP' 11.071 10.729 11 179 12.000 12.000 10.000 5410 TECHNICAL TRAINING 4.423 3.753 4.151 9.000 14,000 '1 000 5420 EDUCATIONAL EXPENSES 6,231 2.854 3.746 5.000 2.000 5000 6400 CAPITAL ASSETS 19,525 0 () ---- ----- ---- -- -- ---- -~----------------- -------------------- ------------------~ -----------..-------- "------_._- TOTAL OPERATIONS/MAINT. $1,165,139 $1,511,864 $1,516,980 $1,742,000 $1,598,000 $2,309.300 F"\docs\8udget\fy200B-2009\acct detail fy 08-09 Page 3 of 5 . /',Jue 'Ii.' .A" South Central Regional Wastewater Treatment & Disposal Board AGENDA ITEM J2c WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2004-2009 CHEMICALS/SUPPLIES ACCOUNT 2004-2005 2005-2006 2006-2007 2007-2008 2007 -2008 2008-2009 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 5100 OFFICE SUPPLIES $6,778 $5,904 $ 7,748 $9,000 $9,000 $8,000 5201 SAFETY SUPPLIES 7,965 5.439 4,245 6,000 6,000 6,000 5202 GENERAL OPERATING 12,868 15,868 10,002 15,000 15,000 20,000 5203 JANITORIAL SUPPLIES 2,819 3.457 3,217 3,000 3,000 3,000 5204 LABORATORY SUPPLIES 5,974 6,615 6,675 8,000 8,000 8,000 5210 CHEMICALS 711,697 736,792 815,203 770,000 851,000 802,000 5220 OIL, FUEL, LUBRICANTS 9,802 26,039 5.474 6,000 7,000 9,000 5225 DEISEL 4,000 15,000 9,000 9,000 16,000 5230 CONSTRUCTION MATERIALS 0 0 157 3,000 1,000 3,000 1 UNIFORMS 7,256 5,327 7.453 8,000 8,000 8,000 bL50 SMALL TOOLS < $500 4,609 3,709 5,106 6,000 6,000 6,000 5251 OFFICE EQUIPMENT < $500 1,239 1,145 1,022 1,000 1,000 1,000 5252 LAB EQUIPMENT < $500 0 0 1,000 1,000 1,000 --------------------- --------------------- --------------------- --------------------- ----------------------- ------------------- TOTAL CHEMICALS/SUPPLIES $775,007 $825,295 $866,302 $845,000 $925,000 $891,000 OPERATING EXPENSES (SUMMARY) SERVICES $711,681 $711,681 $747,740 $841,000 $850,200 $1,235,000 OPERATIONS/MAINTENANCE $1,165,139 $1,165,139 $1,516,980 $1,742,000 $1,598,000 $2,309,300 CHEMICALS & SUPPLIES $775,007 $775,007 $866,302 $845,000 $925,000 $891,000 --------------------- --------------------- --------------------- --------------------- ----------------------- -------------------- TOTAL OPERATING EXPENSES $2,651,827 $2,651,827 $3,131,022 $3,428,000 $3,373,200 $4,435,300 F"\docs\8udge1\fy2008.2009\acct detail fy 08-09 Page 4 of 5 B/1/200B10:10AM South Central Regional Wastewater Treatment & Disposal Board \t d:,!) : , \i i_. WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2004-2009 OPERATING CONTINGENCY ACCOUNT 2004-2005 2005-2006 2006-2007 2007-2008 2007-2008 2008-2009 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4990 OPERATING CONTINGENCY $0 $0 $0 $0 $0 $10.000 --------------------- --------------------- ~._------------- ------ --------------------- --------------------.--.- -.----------- TOTAL OPERATING $0 $0 $0 $0 $0 $10,000 CONTINGENCY ENGINEERING ACCOUNT 2004-2005 2005-2006 2006-2007 2007 -2008 2007-2008 2008-2009 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3150 GENERAL $180,151 $136,645 $ 89,784 $50.000 $50.000 $50,v_ J 3160 BIOTOXICITY 0 0 0 0 3162 PRETREATMENT 0 0 1 170 35.000 20.000 25.000 3163 THERMAL SCREENING 0 2.000 0 0 C 2.000 -- -- ------------ -- - -- --------------------- --------------------- ------------- ----- ----------------- TOTAL ENGINEERING $180,151 $138,645 $90,954 $85,000 $70,000 $77,000 GRAND TOTAL BUDGET: $4,102,577 $4,537,843 $4,619,984 $5,207,000 $5,056,200 $6,117,658 F-\docs\Budget\fy2008-2009\acct detail fy 08-09 Page 5 of 5 "\'1 ';'ooe '1_' 10 f\M AGENDA ITEM 12c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL 2008-2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET -..- 1212 REGULAR WAGES Base wages - 22 Regular Employees; 1 part-time $1,154,358 4 Administrative Reuse (118.000) 2 Lab & pretreatment Wastewater $1,036,358 10 Operators(including Supervisor) + Holiday reg 5 Maintenance(including Supervisor) Includes 4% average merit pay increase $118,000 for Reuse (37.00/hr est 270 hr per mth) Special Parity Increase: Levine 5% 12121 SICK PAY REDUCTION Employees have the annual option to 30,000 cash out 96 hours sick pay to deferred comp in excess of fifteen (15) working days accrued in sick bank 12122 VACA PAY REDUCTION Vaca 100% up to 80 hours. 15,000 1214 OVERTIME Shift coverage as required for plant operations. Employees working over 40 hours per week (excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 3,000 12142 Maintenance 4,000 12143 Shift 1 Coverage 4,000 12144 Shift 2 Coverage 8,000 12145 Shift 3 Coverage 4,000 12146 Training 1,000 12148 Holiday Coverage 14,000 12149 Lab/Pretreatment 1,000 12150 Special Projects 1,000 ---------------- 40,000 12151 EMPLOYEE ASSISTANCE Board cost: $2.75 per employee per 1,000 PROGRAM month. Provides family counseling and referral services to employees and their families. Legal and financial consulting. 1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65% 100,000 MEDICARE currently = Social Security - 6.2%; Medicare - 1.45%. 1223 BLUE CROSS/BLUE SHIELD Board cost per employee [22] is estimated @ 158,000 HEALTH INSURANCE $555.00 monthly. (@ 15% inc est) + $10 @ emp/mth to BB + Stop loss liability $8,000 to City of Boynton Beach 12231 DENTAL INSURANCE Board cost per employee [22] est @ $35.00 monthly 10,000 F:\docs\Budget\fy2oo8-2009Iacct detail fy 08-09 Page 1 of 9 8111200810:10 AM C( d SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL (cant.) 2008-2009 ACCT. NO. DESCRIPTION BUDGET 12232 DISABILITY INSURANCE Long term disability insurance provided 6.000 by the Board at approximately on 40 hour base pay per employee. 12233 LIFE INSURANCE Board provides term life insurance. 2.000 12234 VISION CARE Employee vision plan $6 @ emp mthly 2.000 1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 41.000 base pay and claims rating 1225 UNEMPLOYMENT Paid on a reimbursable basis according 2,000 to claims received. 1236 PENSION Defined Board contribution based on 40 120.000 hours base pay for participants plus administrative fees. 1237 DEF COMP SUPPLEMENT Board match to sick cash in deferred comp 30,000 1240 PAYROLL CONTINGENCY Employee annual appreciation dinner 2.000 and luncheons (Le.. retirements, recognitions, and safety awards) -------- .-..-- --------- TOTAL PERSONNEL $1,595,358 3744 F'\docs\Budgetlfy2008-2009Iacct detail fy 08-09 Page 2 of 9 811.'7008 '010 AM AGENDA ITEM J2c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES SERVICES 2008-2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals, drug screens & immunizations $2,000 3110 LEGAL (ADMIN & LABOR) Attorney fees: 31101 Admin - Saberson $50,000 31103 Pension - Gray Robinson 1,000 31104 Lewis, Longman & Walker 1,000 --------------- 52,000 3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation 31121 Saberson 2,000 31125 Lewis, Longman & Walker 2,000 ---------------- 4,000 3120 SERVICES: 31201 Accounting & Bookkeeping 1,000 General & Administrative 31202 Computer Consultant & Lic renewals 5,000 31206 Copier Maint. Contract 2,000 31207 Appraisal Fee (to do 2010) 0 31208 Others 1,000 ----------------- 9,000 3200 AUDIT FEES 32001 Annual Audit - Single Audits (2) 40,000 3300 LAB PERMIT TESTING Outside Lab Testing Services 90,000 3406 METER CALIBRATION Calibration of transmitters, totalizers, 8,000 FLORIDA SERVICE recorders, and flowmeter pump as required. 3709 SLUDGE PELLETIZATION 19,000 Wet ton per year x 32.34 x .75 (9 months) 465,000 3410 SLUDGE HAULING 3 Mth = $140,000 and 9 Mth = $212,000 (est) 352,000 31 cyd * $19.40 * 230 loads (before SWA) 31 cyd * $10.23 * 670 loads (after SWA) est % increase= % 3411 GRIT HAULING 794 trips @ $1,005; 50@ $1,070; 12 @ $364.00 (mth). 152,000 3412 TRASH AND HAULING Tipping fee for trash hauling. Regular trash container. 1,000 3500 SERVICES: 35001 Centrifuge 30,000 Operations, Maintenance & 35002 Air Scrubbers Balancing 2,000 Professional 35003 Generators 6,000 35004 Lawn Maintenance 12,000 35005 Admin. Building Cleaning 6,000 35006 Lab Equipment - Calibration 2,000 35008 Other 1,000 35009 Contract Labor 1,000 ---------------- 60,000 -------------- TOTAL SERVICES $1,235,000 ----------- ----------- F:\docsIBudgetlfy2008-2009\acct detail fy 08-09 Page 3 of 9 8/11200810:10 AM ; !'-:~~; , SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES OPERATIONS/MAINTENANCE 2008-2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4000 VEHICLE EXPENSE Mileage reimbursement @ $0.585/mile (FED rate); Fuel for company vehicles golf carts, and gas powered equipment (Due to the rising cost of fuel, we are estimating fuel) 40002 Mileage Reimbursement 1.000 40003 Fuel for Vehicles/Equip 3,000 gal $4.67 14,000 ----------------- $15,000 4020 BOARD CONTINGENCY Public relations, good will tours, floral arrangements or fruit baskets, cards for illnesses or funerals, and miscellaneous business expenses: 40201 Board Expense: Appreciation 1,000 40202 Board Expense: Meals and Entertainment 2,000 40204 Board Expense: Travel, Lodging 2,000 ----------------- 5,000 4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 15.000 including Fax, pager, 5 cellular phones and E-mail/lnternet 4102 POSTAGE U.S. Mail - Rate $.42 first class 5.000 4300 ELECTRICITY 13,464,000 kw * .08335/kw ' 123,000 Plant avg 17.5 mgd 4302 WATER CONSUMPTION Consumption of plant avg $3,500 @ mth * 25% 10.000 ( 75 est for reclaim portion = $32,000) 4304 INJECTION WELL PROCESS 11.75 mg @day@ $0.16/1000 684.000 4303 IRR/PROCESS REUSE WATER Irrigation water cost. 7 m gal/day @ $.16/1000 35,000 4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 2000 ments as required in maintenance and operations 4500 INSURANCE EXPENSE 45001 General Professional Liability 57,000 45002 Auto (included in commercial liability) 0 45003 Employment Practices 20,000 45004 Fiduciary 3,000 45006 Petroleum Storage Tank 1,000 45007 Pollution Liability (3 yr policy ends 9/30/09) 15,000 45008 Commercial Property 150,000 45009 Boiler & Machinery 7,000 45010 Mobil Equip & EDP 2.000 45011 Employee Dishonesty 2.000 257,000 F'ldocsIBudget\fy2008-2009Iacct detail fy 08-09 Page 4 of 9 8/1/20081010 AM AGENDA ITEM J2c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATIONS/MAINTENANCE 2008-2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4600 M & R EQUIPMENT Annual repair items for pumps and plant equipment: 46001 Influent Building 4,000 46002 Aerators 2,000 46003 Blower Building 2,000 46004 Scrubbers 8,000 46005 Clarifier 4,000 46006 Return Building 2,000 46007 Solids Handling Building 5,000 46008 Hypochlorite 4,000 46009 EQ Building 1,000 46010 Effluent Building 1,000 46011 Shop Building 1,000 46012 Office Building 1,000 46013 Dechlorination 1,000 46014 Miscellaneous (GMS) 15,000 46015 Operators Office 1,000 46016 Lime Silo 1,000 ---------------- .""~"~,~:ggg Annual repairs for vehicles: 4620 M & R VEHICLES 46200 Company Vehicles 2,000 46201 Tractor 3,000 46202 Ottawa - Off road trailer 1,000 46203 Service Carts 2,000 46204 Boom Lift 1,000 46205 Other 1,000 ----------------- 10,000 4630 M & R GROUNDS Landscaping, sprinkler systems, retention 15,000 ponds, piping, fertilizer, etc. 4640 M & R BUILDINGS Painting, Repair or replacement of doors, 15,000 screens, locks, windows, ceiling tiles, bulbs electrical, plumbing, and lighting. 4650 M & R UNSPECIFIED Funds for emergency or unidentified 20,000 equipment deficiencies that require upgrade or improvement in operation. 4900 ADVERTISING Advertisement and legal ad allowance 2,000 related to plant operation or bids and public notices. F:\docsIBudgetlfy2008-2009\acct detail fy 08-09 Page 5 of 9 8/1/200810:10 AM o.\_Jl SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERA TIONS/MAINTENANCE 2008-2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4902 LICENSES AND PERMITS 17.300 STATE Professional & Operators license renewal 2,500 Operating Permit 7.500 Storage Tank 50 ----------------- 10,050 PALM BEACH COUNTY Air Pollution Licenses 1,000 Wellfield Permit 75 Storm Water 500 Tags on Trucks 100 Wastewater 2,150 ----------------- 3.825 CITY & SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage 2,400 Special District Fee 175 Other 850 ----------------- 3,425 5400 MEMBERSHIP DUES AND Dues - Professional organizations 10.000 SUBSCRIPTIONS Professional Registration and licenses, Journals and subscriptions. 5410 TECHNICAL TRAINING CPEs required for lie renewal per FLDEP Lab Technical, and Quality Assurance Short Schools; Personnel Seminars and technical conferences; computer classes 54101 Conferences 5,000 54102 Meals 1,000 54103 Travel & Lodging 4,000 54104 CEU courses 1,000 ----------------- : 1.000 5420 EDUCATIONAL EXPENSES Classes, books & fees. 5.000 --- -- --------------- TOTAL OPERA TIONS/MAINT. $2,309,300 ----------- .------------ FldocslBudgel\fy2008.2009laccl detail fy 08.09 Page 6 of 9 811/2008 1C 10 AM AGENDA ITEM J2c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES: MAINTENANCE: CHEMICALS & SUPPLIES CHEMICALS AND SUPPLIES 2008.2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5100 OFFICE SUPPLIES Copier paper, stationery, printer ink cartridges s.oOO business cards. check printing, general office supplies, & necessities. 5201 SAFETY SUPPLIES Gloves, protective glasses, face shields, 6,000 hearing protection, overboots, ear-plugs, muffs, emergency eye wash, cartridge respirators, gas cartridge, sterile storage bags for resp- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents, oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit, salvage drum, diffusion detector tubes, signs, labels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools, safety charts, books. 5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 20,000 SUPPLIES boots, drager tubes, gloves, hoses, firehoses, chart pens, charts, DO meters, sludge jugs, flags, coffee supplies, water cooler supplies, batteries, hurricane supplies, and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all 3,000 necessary janitorial cleaning supplies. 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 8,000 Reagents, glassware, replacement of equip- ment, apparatus. Lab supplies consumed by Process testing done in house. est % increase= % 5210 CHEMICALS 5 52101 Polymer: 455,000 Ibs @ .98 Ib (est 5% inc) $446,000 5 52102 Lime: Calculated 300 tons @ $195.60 60,000 per ton. (three 3 mths) 10 52103 cl2 Sodium Hypo 12%. @ $.825 GAL 24,000 20,000 0 52104 Bisulfite: 100,000 Ibs. @ $.2725 Ib (4 mths) 29,000 10 52105 Misc. Chemicals 5,000 0 52106 Caustic 42,000 gal @$3.72@gal 157,000 22 52107 Sulfuric Acid 200,000 Ibs. @ $.252Ib. 51,000 10 52108 Salt 1,250 tons @ $106.70.. 34,000 ..Plant = $106.70.313 tons ----------------- 802,000 F:\docs\8udgetIfy2008-2009Iacct detail fy 08-09 Page 7 of 9 8/11200810:10 AM :\ \ I f~ : t',l SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CHEMICALS AND SUPPLIES (cont.) 2008-2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5220 OIL, GAS, GREASE, AND Misc gas, grease, oil and lubricants for pumps 9000 LUBRICANTS and mowers 5225 DIESEL FUEL Diesel fuel for generator 16.000 5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, 3.000 small shelters, concrete, etc. Additional office and storage units. 5240 UNIFORMS Provides five (5) new sets of uniforms for 8.000 employee per year. Basis cost of $200.00 each. Approved protective safety shoes: $100 ($200) employee per year (potential of two pairs due to environment) 5250 SMALL TOOLS AND Handtools, drills, bits, files, small toolboxes, 6,000 EQUIPMENT PURCHASE electrical equipment, and small maintenance tools < $750.00 value. 5251 OFFICE EQUIPMENT Filing cabinets, chairs, calculators, adding 1,000 machines, office mats, shelves, printers, tables < $750.00 value. 5252 LAB EQUIPMENT Small equipment <$750.00 1000 ,. -- .., - ...-- -------,---~'- TOTAL CHEMICALS AND $891,000 SUPPLIES ----------- ----------- F'ldocsIBudgetlfy2008-2009Iacct detail fy 08-09 Page 8 of 9 8J1 !2008 10: 1 0 AM AGENDA ITEM J2c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING CONTINGENCY 2008-2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $10,000 items which are exceeded during the budget year. Status of this Fund to be reported to Board. Lab procedures, compliance audit, and certification implementation. ENGINEERING 2008-2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3150 GENERAL 31501 General/Permit Assistance (permit renewal) 50,000 $50,000 3162 PRE-TREATMENT FLDEP Permit (Mathews Consulting) 25,000 $25,000 3163 THERMAL SCREENING Scan every 2 years 2,000 $2,000 ----------------- TOTAL ENGINEERING $77,000 ----------- ----------- GRAND TOTAL BUDGET: $6,117,658 ----------- ----------- F:\docslBudgetlfy2008-2009\acct detail fy 08-09 Page 9 of 9 8/11200810:10 AM ". SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FrY 2008/2009 ACCOUNT NO. DESCRIPTION 2004-2005 2005-2006 2006-2007 2007 -2008 2007 -2008 2008-2009 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET R 1212 REGULAR WAGES $ 113,103 $112.079 $140,913 $141.000 $148.000 $118.000 R 31101 LEGAL 2.674 4.982 3.396 4.000 1 000 3.000 R 31502 ENGINEERING 1.768 3.402 21 4.000 1 OOC' R 32001 AUDIT 4.000 4.000 5,040 4.000 4.000 10000 R 3402 TESTING 17,299 17.756 18.844 20,000 25.000 50.000 R 3406 METER CALIBRATION 90 2.591 686 1,000 1.000 2000 R 35004 SERVICES (LAWN MAl NT) 7,800 8.816 8.268 9.000 9,000 " R 43000 FUEL FOR VEHICLES 94 1000 1.000 1.000 1.000 1 UVU R 4300 ELECTRICITY 123,942 152,431 175,825 203,000 203,000 535,000 R 45001 INSURANCE 21.230 17.635 20,637 30.000 44,000 32.000 R 46014 M & R EQUIPMENT 9,913 9836 17.514 10.000 9000 10000 R 4640 M & R BUILDING 1,051 1 109 1,508 1.000 1.000 ~ 000 R 4902 LICENSES & PERMITS 0 [I 0 0 R 5204 SUPPLIES LAB 0 (I 0 1000 1000 R 52103 CHEMICALS 66,574 73,480 71,282 50.000 92.000 246,000 ---------------- --------------------.... ---------------- --------------- --------.--------. -- ----- TOTAL BUDGET: $ 369,538 $409,117 $464,934 $479,000 $538,000 $1,019,000 r \aor:sIBudgetlfy200B 2:JOfl\Peclal'"r: det+-summarv fy OR_DO Page 1 n~ - q,' SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AGENDA ITEM J2c RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FN 2008-2009 2008-2009 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET *** $37 as of 06/01/08 R 1212 REGULAR WAGES Reuse charged ($37.00/hr) $118,000 work related to reclaim - min 270 hrs mthly R 31101 LEGAL Attorney fees associated with 3,000 reclaim R 31502 ENGINEERING Engineering fees associated 1,000 with reclaim R 32001 AUDIT Audit fees for reclaim 10,000 R 3402 TESTING Costs associated for lab fee 50,000 required by DEP including injection well R 3406 METER CALIBRATION Calibration of transmitters, 2,000 totallizers, recorders as required R 35004 SERVICES - Ground Cost incurred for maintenance 9,000 of grounds associated with reclaim R 43000 FUEL FOR VEHICLES Fuel for monitoring of reclaim 1,000 R 4300 ELECTRICITY 6,425,000 kwh * .08335/kwh 535,000 (kwh $.08335 avg) R 45001 INSURANCE Property liability package for 32,000 reclaim covered under plant policy R 46014 M & R EQUIPMENT Annual repair items for reclaim 10,000 pumps & equipment in-plant R 4640 M & R BUILDINGS Cost incurred for repair of reclaim 1,000 buildings R 4902 LICENSE & PERMITS Cost for State & local reclaim 0 permits R 5204 LAB SUPPLIES Lab supplies consumed for 1,000 testing required by DEP R 52103 CHEMICALS Sodium Hypochlorite - 246,000 est salt 970 tons @ $106.70 per ton 1 04,000 ----------------- est $32,000 water for production 32,000 est electric for production 110,000 TOTAL BUDGET: $1,019,000 rate 0.16139 F:\docs\Budget\fy2008-2009\Reclaim det+summary fy 08-09 Page 1 of 1 8/1/200810:12 AM \GF'\iDAi I 1\1 I~d South Central Regional Wastewater Treatment & Disposal Board REPAIR & REPLACEMENT FUNDS F/Y 2007/2008 Recind - Paint Plant Exterior $ (100,000.00) F/Y 2008/2009 Sampler Repair/Replacement $ 2,000.00 Portable Welder 5,000.00 Hydraulic Pump 20,000.00 Clarifiers 250,000.00 Bar Screen 400,000.00 Construction 700,000.00 Headwarks Scrubber Equipment 50,000.00 Add Sludge Tank Aeration Pipes 150,000.00 Reclaim A/C Units 15,000.00 Reclaim #1 VFD Repair 5,000.00 TOTAL R&R F/Y 2008/2009 = $ 1,497,000.00 F:\docs\Budget\fy2008-2009\R&R for budget 2008-2009 RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2008 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 31, 2008 by a vote of 8-0, authorize the establishment of a user rate in Fiscal Year 2008-2009 for wastewater in the amount of $.9977/1,000 gallons for Operations and Maintenance and $.1940/1,000 gallons for Reserves bringing the total to $1.1917/1,000 gallons. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , ,by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F :ldocslBdMtgslRatifsl2007 -2008\BoyntonBeachRatif 07-31-2008. doc \(iFND.\ . I ~il South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS REPAIR & REPLACMENT RESERVES FUND USER RATE & PROJECTED REVENUES F N 2008/2009 RATE O&M Budaet $6,117,658 0.9977/1,000/gal O&M 0.1940/1.000/aal Reserves 1.1917/1.000/aal Total OPERATIONS & MAINTENANCE PROJECTED FLOW RATE INCOME MINIMUM 16.8 mgd $0.9977/1,000/gal $6,117,896 AVERAGE 17.3 mgd $0.9977/1,000/gal $6,299,977 MAXIMUM 17.8 mgd $0.9977/1,OOO/gal $6,482,057 RESERVES FOR REPAIRS & REPLACEMENT PROJECTED FLOW RATE INCOME MINIMUM 16.8 mgd $0.194/1,000 GALS. $1,189,608 AVERAGE 17.3 mgd $0.194/1,000 GALS. $1,225,013 MAXIMUM 17.8 mgd $0.194/1,000 GALS. $1,260,418 F: \docs\Budget\fy2008-2009\rates0809 Page 1 of 1 . RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31,2008 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 31,2008 by a vote of 8-0, authorized Board to establish a reclaim user rate to consumers (Delray and Plant) for Fiscal Year 2008/2009 as follows: $0.16139/1,000 gallons WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:\docslBdMtgslRatifs\2007 -2008IBoyntonBeachRatif 07-31-2008. doc <\GENDi\! f 1\1 H South Central Regional Wastewater Treatment and Disposal Board RECLAIM USER RATE OPERATION & MAINTENANCE F N 2008/2009 Original Retail Customers (1.3 billion gal/year) 3 year average City of Delray Beach (468 million gal/year) (Delray Muni, Hamlet, Delaire, Delray Misc) SCRWWTP (255 million gal/year) + estimate for deep well Total = 6314 mg annual (17.3 mgd est) Projected budget Reclaim O&M = $1,019,000 User Flows RATE Revenue Original Retail Customers 1.3 billion gal/year 0.2552/1000 gal 331,760 (4 courses $.08 surcharge) not included City of Delray Beach: Delray Muni GC 96 million gal/year 0.16139/1000 gal 15,493 Hamlet 125 million gal/year 0.16139/1000 gal 20.174 Delaire 182.5 million gal/year 0.16139/1000 gal 29,454 Delray Misc 65 million gal/year 0.16139/1000 gal 10,490 SCRWWTP 4546 million gal/year 0.16139/1000 gal 733,679 $ 1,141,050 F:ldocsIBudgetlfy200B-2009\ratesOB09 Page 1 of 1 . RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2008 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 31, 2008 by a vote of 8-0, accepted the 2008/2009 Organizational Chart and Salary Range Revisions as well as the two job description revisions and the addition of a new job position. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , ,by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:\docslBdMtgsIRatifs\2007 -2008IBoyntonBeachRatif 07-31-2008. doc CHART OF ORGANIZATION ;\( iENIlA 111.M .I5a SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Pending Approval July 31, 2008 CITY COMMISSION BOARD MEMBERS ------------ BOARD TOTAL Full Time 22 ATTORNEY AND EXECUTIVE DIRECTOR 1 \... / AUDITORS OPERATIONS 9 I BOYNTON (5) I MAINTENANCE 5 I DELRAY (5) I LAB PERSONNEL 2 FINANCIAL 1 ADMINISTRATION 4 r Executive Director l CONSUL TANT CONSUL TANTS ACCOUNTANT ~ ENGINEERS , Finance Plant Superintendent Admini~ ~ I Executive Assistant Purchasing Agent/Buyer / '\ I LEAD PRETREATMENT ELECTRICIANS OPERATORS: CO-ORDINATOR 1 Day Lead 4 Shift ./ /' MECHANICS: I...... LAB 1 Day Lead CO-ORDINATOR 3 Mechanics OPERATORS \... r 'r1nr.sIBur' "lfy2008-2009Ichart of organization 2008 .2009 doc Agenda Item J5b POSITION DESCRIPTION PLANT SUPERINTENDENT Job Title: Plant Superintendent Reports To: Executive Director Supervises Directly: Maintenance Department; Wastewater Operators; Pre-Treatment Coordinator; Laboratory Coordinator; and Buyer Supervises through Subordinates: N/A Purpose for the Position: To supervise and coordinate activities of personnel engaged in operating and environmentally controlling the South Central Regional Treatment and Disposal Board Treatment Plant F:\docslPersonnel\JobDescIPLANT SUPERINTENDENT. doc Page 1 of 5 Rev. 06/08 Plant Superintendent Job Description Essential Responsibilities: 1. Responsible for first line supervision and directs day-to-day activities of plant personnel engaged in the successful and efficient operation and maintenance of a wastewa er and reuse facility. 2. Plans daily work schedule and assigns tasks to workers based upon priority of work and expertise of individual workers. Establishes or adJusts work procedures to meet production schedules, using knowled~e 0 capacities of machines and eguipment. Interprets specifications and jo orders to workers and assigns duties. 3. Directs Pre-treatment Coordinator and Laboratory Coordinator in preparation of reports, collection of samples and regulatory procedures. --- 4. Reviews and approves operational reports for submittal to Executive Director and regulatory aaencies. 5. Monitors on a dailv basis odor emissions and responses to complaints. 6. Maintains contact with reuse customers as required. 7. Monitors ocean discharges on monthly basis and reports changes to Executive Director 8. Maintains records on chemical usage and storage and equipment operation. 9. Recommends measures to improve production methods, equipment, performance, quality and efficiency. Maintains time and production records. 10. Maintains group's inventory and requisitions supplies and equipment needed; may estimate, requisition and inspect materials. 11. Reviews new construction plans for treatment plant, repair and expansion. 12. Required to implement and enforce Board's safety policies and procedures within the work group. Ensures safety equipment is available and that equipment is used whenever required. Provides initial and annual safety training for all members of the work group and maintains group's safety manual. Corrects hazardous conditions, otherwise, notifies management of unsafe equipment or unsafe working conditions. Must be safety conscious at all times. - -- 13. Must utilize employee performance appraisal process to help motivate and develop work group. Provides ongoing consultation with employees requiring same; advises employees of the relative merits of their strengths/weaknesses on a regular basis, applying the Board's progressive discipline procedures as needed. Prepares and submits employee evaluations in a timely manner. F:\docslPersonnelUobDesclPLANT SUPERINTENDENT. doc Page 2 of 5 Rev. 06/08 Plant Superintendent Job Oescri tion 14. Must verify accuracy of work group's time sheets and submit same in a timely manner. Follows Board's administrative policies and purchasing procedures; enters proper account codes on all purchasing related documents. Explains company policies and procedures to work group. Prepares work schedules providing clear instructions to employees. Res onsible for the selection and trainin of new em 10 ees. 15. Res onsible for all urchases for 0 erations and Maintenance De artments 16. In charge of plant in absence of Executive Director. 17. Performs other job related duties as assigned. To do this kind of work, you must be able to: - understand the technologies required in the work you are directing. - plan and direct the work of others. - solve problems using facts and personal judgment. - react quickly in emergency situations and make decisions that may involve a great amount of money or the safety of others. - work shifts, weekends and holidays, if needed. Phvsical Demands: Lifting 50 Ibs maximum with frequent lifting and/or carrying of objects weighing up to 10 Ibs. Requires walking or standing to a significant degree as well as, climbing, reaching, handling, fingering, feeling, talking, hearing, seeing and smelling. Environmental Conditions: Both: Inside and outside. Ajob is considered "both" if the activities occur inside or outside in approximately equal amounts. Math Skills: Requires mathematical development sufficient to be able to: Work with algebra and geometry. Basic knowledge of biology & chemistry. Must possess sufficient computer skills to develop spreadsheets. F:ldocslPersonnelVobDesclPLANT SUPERINTENDENT.doc Page 3 of 5 Rev. 06/08 Plant Superintendent Job Description Lanauage/Literacv Skills: Must have developed languagelliteracy skills to the point to be able to: Read and comprehend English (policy manuals, memos, letters, books, journals, instructions, rules and regulations, etc.). Write reports with proper format, punctuation, spelling and grammar. DATA: Coordinating: Determining time, place, and sequence of operations or action to be taken on the basis of analysis of data; executing determination of and/or reporting on events. People Supervising: Determining or interpreting work procedures for a group of workers, assigning specific duties to them, maintaining harmonious relations among them and promoting efficiency. Must be able to understand instructions and to communicate with supervisor about work questions, Board policies or safety problems/procedures. Must be able to communicate with subordinates, peers and the general public. Tact and diplomacy must be used at all times to assure a positive Board image. Operating-Controlling: Starting, stopping, controlling and adjusting the progress of machines or equipment. Operating machines involves setting up and adjusting the machine or materials as the work progresses. Controlling involves observing progress of operations and turning devices to regulate reactions of materials. Handling: Using body members, hand tools and/or special devices to work, move or carry objects or materials. Uniforms: Employees in this position are required to wear company furnished uniforms. Specific Vocational Preparation: - Thorough knowledge of equipment used in wastewater plants and pump stations. - Knowledge of wastewater treatment processes and regulations related to sewage treatment. - Minimum six years experience in operation of wastewater treatment plant. F:\docslPersonnelVobDesclPLANT SUPERINTENDENT. doc Page 4 of 5 Rev. 06/08 Plant Superintendent Job Description To do this job, you must have the following licenses or certifications before being hired: - Florida driver's license. - Florida Wastewater Class "A" license or ability to obtain within one year. To do this job, you must have the following amount of total education and/or experience: - High school graduate. - Demonstrated past successful experience operating and maintaining wastewater treatment plants, or equivalent two-year degree in Biology, Chemistry, or Natural Science. F:\docslPersonnelVobDesclPLANT SUPERINTENDENT. doc Page 5 of 5 Rev. 06/08 Agenda I tern FINANCE ADMINISTRATOR POSITION DESCRIPTION prey: FISCAL/SYSTEMS ANAL YST Job Title: Finance Administrator Reports To: - Executive Director Supervises Directly: Purchasing Agent/Buyer Supervises Through Subordinates: - N/A Purpose of the Position: This is a responsible, technical position in processing and maintaining all financial records of the Board plus coordinating all plant computer systems. Work is carried out with established policies and under the general supervision of the Executive Director. Performs confidential, administrative, computer and financial support functions for Executive Director, the Board and other Departments as needed. ----- F:\docslPersonneIVobDescIFINANCE ADMINISTRA TOR. doc Page 1 of 4 FINANCE ADMINISTRATOR Job Description Essential Responsibilities: 1. Provides Executive Director with reliable reports on the current financial position by maintaining appropriate accounting systems enabling timely and accurate preparation of financial statements. 2. Participates in controlling capital and operating costs by assisting in the preparation of budgets and reporting budget compliance information and cumulative project cost data to the appropriate department personnel. 3. Oversees and maintains all the General Ledger Systems and Schedules, including Accounts Receivable, Accounts Payable, Balance Sheet and Chart of Accounts, plus prepares quarterly tax returns. Additionally oversees all non-personnel insurance and obtains Certificates of Insurance from outside contractors/vendors. 4. Provides all information for the auditor's annual review in a complete and timely manner. Work with Cities' Financial Departments to satisfy all auditors. 5. Maintains integrated computer network systems for facility. 6. Test and evaluate any new computer products for efficiency, reliability and compatibility with existing system. 7. Assist Department Heads to develop procedures and prepare written documentation for user's information. 8. Monitor system performance. Assist in troubleshooting any problems. 9. Train users on use of program and/equipment as needed. 10. Provides backup to Executive Assistant when required. 11. Performs other job related duties as assigned. F:'docslPersonnelVobDescIFINANCE ADMINISTRA TOR. doc Page 2 of 4 FINANCE ADMINISTRATOR Job Description To do this kind of work, you must be able to: - Compute and record numbers. - Follow procedures for keeping records. - Use eyes, hands, and fingers at the same time to enter figures in books and forms, or to operate a calculator or personal computer. - Perform work that is routine and detailed. - Copy large quantities of numbers without error. Physical Demands: Lifting 10 Ibs. maximum and occasionally lifting and/or carrying such articles as computer printouts, notebooks, ledgers, etc. Walking and standing are required only occasionally as well as reaching, handling, fingering, feeling and seeing. Environmental Conditions: Inside: Protection from weather conditions but not necessarily from temperature changes. A job is considered "inside" if the worker spends approximately 75 percent or more of the time inside. ._--- Math Skills: Requires mathematical development sufficient to be able to compute: discount interest, profit and loss; commission, markups and selling prices; ratio and proportion, and percentages. Calculate surface, volumes, weights and measures; work with algebra and geometry. Language/Literature Skills: Must have developed language/literacy skills to the point to be able to read and comprehend English (instructions, policy manuals, memos, letters, books, rules and regulations, etc.). Write reports with proper format, punctuation, spelling, and grammar. Speak with poise, voice control, and confidence using correct English and well-modulated voice. Relationships to Data, People, and Things: Data: Computing: Performing arithmetic operations and reporting on and/or carrying out a prescribed action in relation to them. People: Taking instructions: Must be able to understand instructions and to communicate with supervisor about work questions, Board policies, or safety problems/procedures. Must be able to communicate with co-workers and the general public. Tact and diplomacy must be used at all times to assure a positive Board image. Things: Operating-Controlling: Starting, stopping, controlling and adjusting the progress of office machines or equipment. Operating machines involves setting up and adjusting the machine or materials as the work progresses. Controlling involves observing progress of operations and turning devices to regulate reactions of materials. FldocslPersonnelVobDesclFlNANCE ADMINISTRA TOR. doc Page 3 of 4 FINANCE ADMINISTRATOR Job Description Specific Vocational Preparation: Specific Vocational Preparation includes an occupationally significant combination of the following: vocational education, apprentice training, in-plant training, on-the-job training, or essential experience in less responsible jobs which lead to the higher job or serving other jobs. - Knowledge of bookkeeping principles and procedures. - Considerable knowledge of computers and modern office machines and the ability to establish and maintain efficient records. - Ability to prepare complete financial reports and statements of moderate complexity. - Knowledge of municipal budgeting and procedures. To do this job, you must have the following licenses or certifications before being hired: - Florida driver's license. To do this job, you must have the following amount of total education and/or experience: - Associate Degree in business or related field or a minimum of seven years governmental finance experience including two (2) years of bookkeeping, or an equivalent combination of experience, education and training. - Complete knowledge of computerized operation procedures is required. F:ldocslPersonnelVobDesclFlNANCE ADMINISTRA TOR. doc Page 4 of 4 AGENDA ITEM J5d POSITION DESCRIPTION PURCHASING AGENT/BUYER Job Title: Purchasing Agent/Buyer Reports To: Finance Director and Plant Superintendent Supervises Directly: N/A ~-'<- Supervises through Subordinates: N/A Purpose for the Position: To F:ldocslPersonnelVobDesclPURCHASING A GENT BUYER. doc Page 1 of 4 06/08 PURCHASING AGENT/BUYER Job Description Essential Responsibilities: 1. Coordinate with requisitionin?i de~artments to determine specifications and requirements. Interface with he mance, administration and operations personnel and with vendors as required in completing assigned duties. 2. Ensures all purchasindl activities under charge comply with all Federal, State and Board policies an regulatory practices 3. pre~are and maintain official purchasing documentation files for official pub ic record and audit purposes. 4. Ensures reguisitions conform to pre-established standards for specifications, and determines methods of solicitation 5. Ensures proper maintenance of all records and files, Le., on-line vendor files, direct reimbursements, purchase orders, chanae orders, receivina items. 6. Solicits informal quotation pricing (less than $15,000) and delivery policies from vendors 7. Assesses vendor responses for prices, terms and conditions 8. Negotiates prices, terms and delivery with suppliers 9. Prepare purchase orders for the purpose of providing payments to vendors, then forward to Finance 10. Recommends suppliers with respect to cost, quality, capabilities and delivery competitiveness 11. Performs property control duties, i.e., filling out appropriate forms and affixing property Identification decals. 12. Performs inventory duties, Le., locating requested items and scanning property numbers. 13. Study market prices and trends and technical developments applicable to assigned responsibilities, and advises purchasing management of significant market information. 14. Monitors vendor performance 15. 16. 17. F:ldocslPersonnelVobDesclPURCHAS/NG AGENT BUYER. doc Page 2 of 4 06/08 PURCHASING AGENT/BUYER Job Description To do this kind of work, you must be able to: - Compute and record numbers correctly. - Follow procedures for keeping records. - Use eyes, hands, and fingers at the same time to enter figures in books and forms, or to operate a calculator, personal computer and dictating equipment. - Perform work that is technical and detailed. - Possess above-average ability to organize and prioritize. - Copy large quantities of numbers without error. Physical Demands: Lifting 10 Ibs. maximum and occasionally lifting and/or carrying such articles as computer printouts, notebooks, ledgers, etc. Walking and standing are required only occasionally. Reaching. Handling. Fingering. Feeling. Seeing. Environmental Conditions: Inside: Protection from weather conditions but not necessarily from temperature changes. A job is considered "inside" if the worker spends approximately 75 percent or more of the time inside. Math Skills: Requires mathematical development sufficient to be able to: Add, subtract, multiply and divide. Compute discount, interest and percentages. Language/Literature Skills: Must have developed language/literacy skills to the point to be able to read and comprehend English (instructions, policy manuals, memos, letters, books, rules and regulations, etc.). Write correspondence and reports with proper format, punctuation, spelling and grammar. Relationships to Data, People, and Things: Data: Computing: Performing arithmetic operations and reporting on and/or carrying out a prescribed action in relation to them. People: Taking instructions: Must be able to understand instructions and to communicate with supervisor about work questions, Board policies, or safety problems/procedures. Must be able to communicate with customers and the general public. Tact and diplomacy must be used at all times to assure a positive Board image. Things: Operating-Controlling: Starting, stopping, controlling and adjusting the progress of office machines or equipment. Operating machines involves setting up and adjusting the machine or materials as the work progresses. Controlling involves observing progress of operations and turning devices to regulate reactions of materials. F:\docslPersonne/VobDescIPURCHASING AGENT BUYER-doc Page 3 of 4 06/08 PURCHASING AGENT/BUYER Job Description Specific Vocational Preparation: Specific Vocational Preparation includes an occupationally significant combination of the following: vocational education, apprentice training, in-plant training, on-the-job training, or essential experience in less responsible jobs which lead to the higher job or serving other jobs. - Considerable knowledge of business English and math. - Minimum accounting knowledge helpful. - Proficient skills in word processing and basic computer spreadsheets. - Considerable knowledge of business machines including typewriters, copiers, calculators, and computers. - Ability to understand and follow direction quickly and accurately with brief written or oral instruction. - Ability to maintain complex clerical records and prepare reports as required. To do this job, you must have the following licenses or certifications before being hired: - Florida driver's license. To do this job, you must have the following amount of total education and/or experience: (If hiring someone into this position, what would be the minimum amount of experience and education that would be required in order for the incumbent to have a reasonable expectation for success?) - Graduation from accredited High School or equivalent. Two years of business school training or minimum of seven years administrative experience. - Experience in federal, state, or local government purchasing is preferred. - Proficiency of computerized operational procedures is required. - Certification as a Certified Public Purchasing Officer (CPPO) or Certified Professional Public Buyer (CPPB) is desired. F:\docslPersonnelVobDescIPURCHASING AGENT BUYER. doc Page 4 of 4 06/08 AGENDA ITEM J5e SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD MODIFIED SALARY RANGES - 2008/2009 ANNUAL PAY RANGE PAY GRADE JOB TITLE CURRENT PROPOSED PEPIE MEDIAN 0 MAINTENANCE WORKER 24,000 - 37,000 26,000 - 39,000 25,598 - 38,714 I OPERA TOR I (TRAINEE) 28,000 - 41,000 30,000 - 45,000 30,339 - 44,902 CLERK/RECEPTIONIST II OPERA TOR II ("C") 33,000 - 49,000 35,000 - 52,000 34,861 - 51,513 III MECHANIC 37,000 - 54,000 39,000 - 58,000 38,503 - 56,612 OPERA TOR III ("B") IV ELECTRICIAN LAB COORDINATOR OPERA TOR IV ("A") 41,000 - 59,000 42,000 - 62,000 42,146 - 61,762 PRETREATMENT COORD. PURCHASING AGENT V EXECUTIVE ASSISTANT 41,000 - 59,000 49,000 - 69,000 46,167 - 68,637 VI FINANCE ADMINISTRATOR 49,000 - 73,000 55,000 - 85,000 58,805 - 89,115 PLANT SUPERINTENDENT i-\ IPersollllPIlProposed REV Sa/Range 08-09.doc 07-07-2008 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D. AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gI August 19,2008 August 4, 2008 (Noon) D October 21. 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 16, 2008 September 2, 2008 (Noon) D November 18,2008 November 3, 2008 (Noon) C') D October 7, 2008 September IS, 2008 (Noon) D December 2, 2008 November 17, 2008 (N~ n-i =4-< c.... -<0 c:: (")-T1 r- D Announcements/Presentations D City Manager's Report N .co mo D Administrative D CD ::0-< NATURE OF New Business ~% AGENDA ITEM [gI D -0 U')-i Consent Agenda Legal ::E 0 0% D Code Compliance & Legal Settlements D Unfinished Business .z:- ~G:J .. D Public Hearing D <J'I o~ (,.) ~ ::J: RECOMMENDATION: Motion to approve reduction in surety for the project known as Seaview Park Townhomes, reducing the required amount from the current value of $248,623.69 downward to $12,400. EXPLANATION: All of the required water and sewer improvements have been completed for this project, and accepted by the City for operation and maintenance. Approximately 5% of the initial surety will be retained until after the I-year warranty period has expired, and a subsequent inspection reveals that all manholes, valve boxes and other surface features remain in satisfactory condition. The Developer of the project will furnish a replacement surety in this amount, or amend the existing performance bond. PROGRAM IMP ACT: None. FISCAL IMP ACT: None AL TERNA TIVES: No"'. Th, CEOWS for "Oo,tioo of ,o"ty. ~ f>/ ~: . -~ " Department Head's Signatur City Manager's Signature Kofi A.Boateng, P.E. Kurt Bressner Assistant to City Manager ~ UTILITIES 1!!M Department Name City Attomey / Finance XC: Peter Mazzella File Christopher Roschek, P .E. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC ~~~ Carter=Burgess En9inee"in~, A.rchlh?cture ~~ and Retnte Serv'lC'e<.> Harold Jackson J P.E., ceCA The City of ProjecT Mo no w:r. 6363 N,\N tjtrt 'Nr::'1 C(,n~~ructio(l Engineer-ing Sui1C 300 Boynton Beach Forr Lcudc.rckde Fi.:xidn 95.1.:315 103.3 D ,fen 3230<).616, 95.01.315.1001 ,v.\: 11": Fux, 954 :3 ~ ~- i ~Jtll. <154eI6.2.160 ,,,,,bole ha.-old IClCksc'~d~!)(~b (om ,,'...ru.c~b "'on Utililies DepiU1lnent -- -_._~-~ --------- IU E. Woolbright Rd Boynton BUlck, Florida 33435 Pirone (56/) 742-6400 FAX: (561 742-6298 FINAL W ALK- THROUGH INSPECTION FOR BOND REDUCTION PROJECT: DATE: October 19,2007 Seaview Park Club TIME: 9:00 AM Engineer Rep. Contractor Rep" Alfonso Orellana Pat Kirrman Carter Burgess Ranger Construction Industries, Inc CORRECTIONS COMPLETED October 19, 2007 GENERAL NOTES: 1. DOC Backflows are not set meter custom setters & backflows not set. 2. Telephone pole still in FDOT right of way (sidewalk). BellSouth is getting permit to move. (Scheduled for 10/2312007 removal) 3. All markers found water and sewer. 4. AU valves operated and left in open position and half turned back. 5. All hydrants have been operated and free of obstructions. 6. All hydrants are to be red and in good condition. 7. All landscape valves have collars. 8. All clean outs found with markers. 9. All manholes open and checked. .. '.... ,~~ ~~~R. -.. Contractor ~ ~'J~ Engineer t-- _~Il!pector (walk) America's Gateway to the Gulfstream \1 G~ - ,. ~ - , , '- Charlie Crist Ana M. V1amonte Res, M.D., M.P.H. Governor state Surgeon General November 15,2007 Peter Mazzella Deputy Utilities Director City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 PROJECT: Seaview Park Club WATER PERMIT NO: 138271.336- DSGP SEWER PERMIT NO: 138271.337-DWC Dear Mr. Mazzella: The referenced project is hereby released for service to the extent indicated below. This release is based on certification by the engineer-of-record that the water and sewer system has been constructed in substantial conformance with plans previously approved by this agency. X The system Is released to the full extent of the approved plans. Should you have any questions, please call me at (561) 355-3070, extension 1134. Sincerely, ~~~~ Curtis C. W:"lrltchell Engineer m Plan Review and Permits RECEIVED Division of Environmental Health & Engineering NOV 19 Z007 ~(\ BOYNTON BEACH UTILmES cc: Engineer-of-record: Gary A. Tenn, P.E. PALM BEACH COUNTY HEALTH DEPARTMENT Post Office Box 29/ 901 Evemla Street, West Palm Beach, FL 33402 Jean M. Malecki, MO, MPH, FACPM, Director www.Dbchd.com TELEPHONE (561) 355-3070 FAX (561) 355-4242 VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gJ August 19, 2008 August 4, 2008 (Noon) o October21,2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20,2008 (Noon) 0 September 16, 2008 September 2.2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) C") 0 October 7,2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 (N~ n=i =t-< C- -<0 c:: r- 0-" 0 0 N 'CD Ann 0 uncements/Presentations City Manager's Report '-"0 \D ::0-< NA TURE OF 0 Administrative 0 New Business ." :::r:::z: U)-i AGENDA ITEM [gJ Consent Agenda 0 Legal ::::J: 0 O:z: .z::- ""'m 0 Code Compliance & Legal Settlements 0 Unfinished Business ... 0 ~.'f'I'1 0 Public Hearing 0 0"\ ~?> 0 :z: RECOMMENDATION: Authorize the use of$2,000 from Commissioner Hay's Community Investment Fund for the Lena Rahming/Maude Ford Lee Scholarship Fund to provide assistance to former Head Start students to attend college. EXPLANATION: Commission approval is requested for allocation of$2,000 from Commissioner Hay's fund to assist former Head Start students attend college. PROGRAM IMP ACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $ I 0,000 in Community Investment Funds to allocate subject to Commission approval. ES: Decline to authorize the requested use. ~~~ Department Head's Signature City Manager's Signature ~ Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: July 25, 2008 Requested by Mayor/Commissioner: Commissioner Hay Amount Requested: $2,000 Recipient/Payee: Lena Rahming/Maude Ford Lee Head Start Scholarship Description of project, program, or activity to be funded: Funds to be used to provide assistance to former head start students to attend college. Dated: '7 I-J.'f/c ~ By:/f~ {Jd.J!- - Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $3,806.25 has been used to date by the requesting Member, leaving a balance of available funds of $6,193.75. This request would bring the available amount down to $4,193.75. Accordingly: ::J There are funds available as requested ~ There are insufficient funds aVajlabl~~ ~ Dated: '"1/~(rj!5 By: ~ - I Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; ~The recipient/payee provides services within the City of Boynton Beach. ::J The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City: and 'f:I Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpq.se. Dated~1 ;7'110'(:' By ~rfL City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc Page 1 of2 V\l~lsh, Pam -- From: Hay, Woodrow Sent: Thursday, July 24, 2008 3:32 PM To: Welsh, Pam Cc: Bressner, Kurt Subject: RE: Community Investment Funds Pam, I1C1... Yes, please put this on the August :J.8t'h Agenda... Thank you... Commissioner Hay -----._.._,-,--_.._--_._------- ._-- .--..-....-..-.-.-...., --_.._.,,----,.,---~_.,-,--^--_.__.__._,-----_. From: Welsh, Pam Sent: Tue 7/22/2008 9:29 AM To: Hay, Woodrow Cc: Bressner, Kurt Subject: RE: Community Investment Funds Commissioner Hay, The last time a request to fund the Head Start Scholarship was placed on the 9/16/06 Commission Agenda for the amount of $~ "0 requested by Commissioner McCray. I've placed a hard copy of the Agenda Item Request Form, email requesting funding, [, ~tionary Funds Accountability Form, and the scholarship application form. If you would like this item place on the August 15th Agenda, please let me know and I will prepare the paperwork. You have $6,193.75 left in your Community Investment Fund. [lam WeL1 fl a.dnzinL, tJta.t.We (lj,,~ tanl ei.UJ ~'" (J1fia 561-742-6013 emai1: ~fip(a)~-6w..cA.f1.I.W From: Bressner, Kurt Sent: Monday, July 21, 20084:57 PM To: Welsh, Pam Subject: Community Investment Funds Pam, Lena Rahming has requested funding for the 2008 Head Start Scholarship. Can you prepare a synopsis for him on last year's program including copies of the agenda material, compliance with our information request and levels of funding. A. how much does he have left for 2007-08? Thanks, 7/24/2008 Lena Rahming/Maude Ford Lee Head Start Scholarship Application STUDENT INFORMATION Name: Last First Mi Home . Address: Number, Street and Apartment Number Phone: L-l City State Zip Code Social Security Number: - - Date of Birth: - Which Palm Beach County Head Start Center did you attend? Center Name: T eacher( s) Name: Year(s) of attendance: CURRENT HIGH SCHOOL SENIORS ONLY Please have your high school counselor complete the following to verify your scholastic information and submit your official high school transcript. High School: Name City State Cumulative high school GPA: Phone: L-) - Counselor (or authorized school official): College you plan to attend: Course of study: Volunteer Community Services and Extra Curricular Activities: Please list any volunteer community service and extra curricular activities you have completed throughout your high school career. (Minimum 25 volunteer hours) RECOMMENDATIONS List names, addresses, telephone numbers and relationship of two people who you have asked to write your recommendations. Also, include a letter of support from your parent(s )/guardian. Name Address Phone Number Name Address Phone Number ESSAY REQUIREMENT Please type and attach a separate sheet. In less than 500 words, discuss what Head Start has done for me? In submitting this application, I certify that the Information provided is complete and accurate to the best of my knowledge. Falsification of information may result in termination of any scholarship granted. I agree to return the scholarship award if my plans change for whatever reason and I am unable to use the funds towards continuing my education. PLEASE NOTE: All applications, including photos and writings become the property of the Head Start Scholarship Committee and can be used for publicity purposes. Signature of Applicant Date Please forward the completed scholarship application to: Boynton Beach Head Start Attn: Lena Rahming 909 NE 3rd Street, Boynton Beach, FL 33435 To be considered for the Lena Rahming and Maude Ford Lee Head Start Scholarship, applications must be postmarked or received on or before Friday, July 21, 2008 Rev. 3/08 mlf/lr VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office I:8J August 19, 2008 August 4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o November 5, 2008 n 0 September 2, 2008 August 18,2008 (Noon) October 20, 2008 (NoCO n-t en ~-< 0 o November 18, 2008 C- -<0 September 16,2008 September 2, 2008 (Noon) November 3, 2008 (N~ ("')-r'\ r- (Xl o October 7, 2008 September IS, 2008 (Noon) o December 2, 2008 (..) r:1 0 November 17,2008 (N88n) ::0-< ~:z :z:- ~ -l 3: O~ 0 Announcements/Presentations 0 City Manager's Report '!? -r'\(Xl ~F"1 NATURE OF 0 Administrative 0 New Business z:- n)llo ..;;- fT\("') AGENDA ITEM I:8J Consent Agenda 0 Legal ::z: 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the full release of surety, for the water and sewer improvements at the project known as Boynton Town Center and Boynton Village, in the amount of $113,794.10. EXPLANATION: All of the required water and sewer improvements have been completed fo~ this project, and accepted by the City for operation and maintenance. The I-year warranty period has expired, and subsequent inspection reveals that all features remain in satisfactory condition. The performance bond from Travelers Casualty and Surety Company of America should therefore be returned to the developer of the project, 1950 Congress Ave. LLC , c/o The Sembler Company, 1450 South Johnson Ferry Road, Suite 100, Atlanta, GA 30319-4316, Attn: Brad Jacobs PROGRAM IMP ACT: None. FISCAL IMPACT: None e aUows for release of surety. ~ /~Q: ~ :;;;;;~~-:- epartment Head's Signature City Manager's Signature Kofi A.Boateng, P.E. Kurt Bressner UTILITIES A"i"'nl to CilyM7r Department Name City Atto~y / Finance XC: (Y"Peter Mazzella Finance Dept. Christopher Roschek, P.E. File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~SEMBLER July 8, 2008 Peter Mazzella, Deputy Director of Utilities 124 E. Woolbright Road. Boynton Beach Florida 33435 RE: Boynton Town Center and Boynton Village Release of Bond for I-year Maintenance of Utilities Mr. Mazella: Pursuant to the development requirements associated with the above referenced property, Sembler, alk/a 1950 Congress A venue, LLC, has posted a performance bond with the City of Boynton Beach for the I-year Maintenance of the Water and Sewer utilities in the amount of $113,794.1 O. At this time, the requirements for which the surety was posted have been satisfied and we hereby request a full release of the posted performance bond. Completion of the requirements set forth b) the City can be evidenced by the attached Exhibits A and B. Exhibit A is a copy an email received from Brent Allen stating all punch list corrections have been completed, and Exhibit B is a copy of the City of Boynton Beach Final Walk-Through Inspection memo stating the same. A copy of the bond is also attached as Exhibit C for your reference. Please let me know if you have any questions or comments relative to this matter, or if there is any other information I can submit in order facilitate this request. Respectfully, ,r1?zJ>--I~#- Brad Jacobs Project Manager THE SEMBLER COMPANY I SEMBLER.COM From: Allen, Brent To: Brad Jacobs; cc: Mazzella, Pete; Subject: RE: Boynton town center Date: Tuesday, July 01, 2008 2: 15:03 PM Brad, Corrections on Boynton Town Center have now been completed. You may send a letter asking for release of the surety to Peter Mazzella 124 E. Woolbright Road. Boynton Beach Florida 33435 Thank You, Brent Allen -----Original Message----- From: Brad Jacobs [mailto:BradJacobs@sembler.com] Sent: Monday, June 30, 20083:18 PM To: Allen, Brent Cc: Lombardi, Tony; Mazzella, Pete; Roschek, Christopher; carmen@hjcontracting.com; David West; Dino Marini Subject: RE: Boynton town center Brent: Blow off lid and chains have been installed, and second lift is down. I do believe punch list is done. Please let me know if you need to do another final walk through, Carmen with H&J will be onsite today and tomorrow. thanks BRAD JACOBS SEMBLER I PROJECT MANAGER 404.847.1800 I FAX 404.847.1818 -----Original Message----- From: Allen, Brent [mailto:AllenB@cLbovnton-beach.fl.us] Sent: Monday, June 30, 2008 2:52 PM To: Brad Jacobs Cc: Lombardi, Tony; Mazzella, Pete; Roschek, Christopher Subject: RE: Boynton town center Brad, Still waiting for a 2" Blow off lid for the 17x30 blow off box And the chains to be reinstalled on the painted fire hydrants. Then FROM : BOYNTON BE~H UT I LIT I ES FAX 1'<<). : 561 742 6298 Jul. 02 200B 02:31PM Pi ;) ~ " l) I I I I' _.. ! ~II~ KImIey-Horn The City of and ~es, Inc. Boynton Beach I I Stephen H. Mills. 4431 fIdlatllllllra Dm'll ",.t~ ' \9ro.$l Pefm e.idl, ~ s:M07 1/lllld4S~ I TEL '., I4/i 0llS5 0 lU E. H'tItI/Mt:#It RIl ?/j\" .. ~ f1r 8tJ-BI7~ Ff,X &If- ~ 'Ilif lJDy"hllI lIfrttM. Fttlrld4J JU!5 ! MOO ~l Jlf 1360 ,.hoIt. (561) 742-6400 I flAG SlI1 822 M FAX: ($6/ '?4J~619' \ ." " ........,.-.-~---, -- .-. ----..-. -+ . ~-:--;,... --,- ------ - FINAL W ALK- THROUGH lNSPE('"TlON PROJECT: DATn: Juno 1,2008 Boynton Town Cenler TIME: 10:00 ^M Bldg. H-I and H-2 Carmine from H&1 ConstruetiOQ Rep. CORRECTIONS COMPLE'f'ED July 1, Z008 Warranty Televising Complete GENERAL NOTES: 1. All markers found scwer and water. Z. All valves operated and left in op~ position and balf turned back. 3. All hydrants operated and free of obstructions at final. 4. All hydrants are red and in good condition. S. Allland,cape valves need to havo collars. 6. AD meters are at gra~e with markers. . 7. All clean ClUts with marken, asphalt to have #7610 coveOl. 8. All manholes have been opened. 9. All hydrants are plumb & straight with proper ~learan~e zones. 10. Chain on fiie bydrant ZDCllift mUMt clean all valves & manholes. ---CONTRAC~ - tIIIl~1f- C !'OR America '.ct ~t",..w~v 1-.... t-h... 1"'..7 ~,....~--- EXlllBIT ''N-3'' (LDR, Chap. 7, Art. I, Sec. 3.B.) (LDR, Chap. 7.5, Art. IT, Sec. 7.) 104842480 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That [1] [we], 1950 Congress Avenue. LLC . hereinafter call PRINCIPAL, and Travelers Casualty and Surety Company of America ,a surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firmly bound unto the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of One hundred and thirteen thousand. seven hundred and ninety-four dollars and ten cents U. S. Dollars ($113.794.10 ), lawful money of the United States of America, to be paid to the City of Boynton Beach, to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision plat known as (plat name) . and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision;] or [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction of a certain project known as Bovnton Town CenterNillage - Developer Surety Requirements for Water and Sewer SYStem Improvements. pursuant to City of Bovnton Beach letter. dated March 6.2007. written by Peter Mazzella. referencing Utility Service under PBC Health Dept. permit #'s 138271-323-DSGP and 138271-323-DWC - Letter attached. as Exhibit "A" . and such project shall construct and install the required public improvements to support the Project pursuant to the terms of the Permit,] and WHEREAS, PRINCIPAL has been issued that certain [ (specify permit tvpe) Permit] [Land Development Permit] Number , hereinafter the PERMlT, for construction of said Required Improvements, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. Page 1 of 4 pages --- ._.~ NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRlNCIP AL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shall in every respect fulfill [its] [his] [her] [their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, it shall remain in full force and effect. The PRlNCIP AL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS. The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the PRlNCIP AL fails to perform all or any part of the construction work required by said PERMIT and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer, of the default, to the PRlNCIP AL or its authorized agent or officer, will forthwith perform and complete the aforesaid construction work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SURETY fail or refuse to perform and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort to any and all legal remedies against the PRINCIPAL and/or SURETY, or both at law and in equity including specifically the specific performance, to which the PRlNCIP AL and SURETY unconditionally agree. The PRlNCIP AL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRlNCIP AL should fail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 8th day of March ,2007. 1950 Con~ess Avenue, LLC [a Florida Lirti]ted L' ility Company] BY: ~&)Jf.MJf>>J ~~ Melvin F. Sembler Page 2 of 4 pages ADDRESS: c/o The Sembler Company 5858 Central Avenue SLPetersburg, Florida 33707 STATE OF Florida ) COUNTY OF Pinellas ) BEFORE ME personally appeared Craig Sher who is personally known to me. or has produced N/ A as identification, and who executed the foregoing instrument as Manager / Member of 1950 Congress Avenue, LLC, a Limited Liability Company, and acknowledged to and before me that [he][she] executed such instrument as such Manager / Member of said Limited Liability Company, and that instrument is the free act and deed of said Limited Liability Company. WITNESS my hand and official seal this 8th day of March, 2007. My commission expires: 1vA'~ ,,\\\!~IIII Vicki L. Marcink Notary Public /l':~ . '~~'-:. Commission #D0311159 ~{~'::E Expires: May 22, 2008 (Seal) ";:itOFf\.i1:~'~ ~ondcd.Thm I,,,,, \ \ \ Atlantic Bonding Co., Inc. -OR- (INDIVIDUAL PRINCIPAL) WITNESS: BY: ADDRESS: Page 3 of 4 pages (SURETY SIGNATURE BLOCK) Travelers Casualty and Surety Company of America ,SURETY WITNESS: BY (}~ John F. Palmer, its attorney-in-fact (power of attorney must be attached) Dana Wieland, As-to-Surety ADDRESS: c/o Wells Fargo Insurance Services 311 Park Place Blvd.. 4th Floor Clearwater, Florida 33759 STATE OF Florida ) COUNTY OF Pinellas ) BEFORE J\1E personally appeared John F. Palmer who [ is 1[ are 1 personally known to me or [has ] (have 1 produced N/A [and N/A . respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purpose expressed therein. WITNESS my hand and official seal this 8th ,2007. My commission expires: 8lOt"Stt'OO8 ~'I:lUlIJlItuI-UIB~WJ.Pf!IUOB ft aoo~ I ~~ Nenuer saJ!dx3 ~' .~ 9M:6aaa # UOlSslwwOO ~ '!;E UOJU8.:f 'M 61e.a:;> "," ,,*~. (S~~~ Craig W. Fenton ~&' =:{ ":*: Commission # 00279346 ~~. ~ Expires January 21, 2008 ,ff{.,,' llondIIdTroyFIIIn-in8IInllI<:e.lnc. 8lJO.38&.7019 Page 4 of 4 pages Exhibit "A" FROM :BOYNl'ClN ~ACH UTILI-TIEs FAX 'NO. : 561 742 6298 Mar. lil6 2eI12l7' 11 :18l=lM P1 The City of l.,io,:Yrtto.n Beach r . .. . . .' 'ummES DEP.AR'l'MEN'l' .3::M'E; WCQizlrightRoad l:kJyn.tOfJ ~ FlcriClrl3343S Offloa: (562)"713-64.S1 . . FAX: ($61) 7"'~-6298 "Webei~W1v\ll. cl. floyrU01I.beadr-jl.us March 6, 2007' Mr; ,Richard Fore~~ Via Fax 404 847-181 g Senip.rBeveiopmcAt Manager' i9S0.Congl'e:?,s Avenue, tLC clo The Sembler C()1ll.pap.y 145Q:~outh Johnson Ferry Road SUlte 100 AtlE11\i~. GA 30~:19. R~' 13o~l.9n:town Centei'fVillago- Developer Surety Requirements UtHit1 servic~ under PBC Health Department permil #'s 138271 "323-DSGP'and 138211-323- mwc Dear.Mr. ForomaIl~ P.1ease h.e .a4viseQ' that in order'for the City of Boynton "Beach LO releMe potable water aruhanitary sewer service tclthe'abov~ 'referenc.cd project, surety aoceptable 10 the City of Boynton Beach must be posted in theampl.lnt: listed. below: Water'syst~lIi, compietedand certified.by K.imley-Hor.n . Cos~ .e.,'ltimme for wOl'k; $824,400 x 5% = $41,220.00 surety amounl Sewer system, City ~wned systeJrl, no prlvatelyowncd components. CQst e~al:e:for WQ1'k~ $:1,45 1~482 x 5%.= $727574.10 surety amount "o~.suretyto beposted.lO: $113;794.1 0 Please can me with any questions at 56-1-742-6404, Sincerely; ~01"BOYNTON aBACH ~~ . ..... . ~. "... . .... ~~. . .''- :'. ~ . Peter Maziella Dep.uty Director of Utilities Xc: Chris. Rosohek Russ~nM'Qrrison. P. E. (via f<lX561-B63-6392 Fire Amerl<:4'; OQ/~WQ)' la Ihu Gu(jirrrllllhl WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IfSTPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 216523 Certificate No. 0 0 0 9 9 7 6 6 0 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation dl,lly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that I the Companies do hereby make, constitute and appoint John F. Palmer, Craig W. Fenton, Marll B. Jacobs, and Tamara Sue Davis I Clearwater Florida I of the City of , State of , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, el\ecute, seal and acknowledge any and 1!ll bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in ~sj,ness o~uaranteeing the fidelity of persons, guaranteeing the perfonnance of contracts and el\ecuting or guaranteeing bonds and undertakings required or p~~. in an0~ns o\~ceedings allowed by law. I ~ #~~~ ~~"\J I ~~ ~O G, '-~ ~~~ 6th il IN Wl~~yWHEREOF, the Comp~~8ihave caused this ins~to e ~~d ~~rporate seals to be hereto afihed. this ________ day of '-' <ti?> ~~ ;t ~ ~ p~ ;;() ~.~ Farmington Casualty Cq~ ~ 0 ~~ St. Paul Guardian Insurance Company Fidelity and Guaranty ~1)S'fu.ance~n\pan~ 0 St. Paul Mercury Insurance Company Fidelity and Guaranty Insur~e"lUnderwiIters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company @ 1951 I J Ii !I ~j State of Connecticut By: iI I" City of Hartford ss. I! 6th July 2006 . r On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company. Travelers I Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he, as such, being II authorized so to do, el\ecuted the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Ii j~ ~ 'f{\~ C, i i In Witness Whereof, I hereunto set my hand and official seal. My Commission el\pires the 30th day of June, 20 II. '- Marie C. Tetreau!t, Notary Public I I I 58440-6-06 Printed in U.S.A. WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER I WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance COiPpany, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: . . RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give sucll appointee such authority as his or her certificate of authority may prescribe to sign with the Company's nwn.e and seal with the Company's seal bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any lime may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate.all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to anY bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SI. Paul Fire and Marine Insurance C;ompanY.1 SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and s~etY.~mpany..OftAmert.c~;"f,1d United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the P~r"gr~~~~~~~'Cu~ed by, siildlCompanies, which is in fu1l force and effect and has not been revoked. ~ ~"-~ ""'~\; ~)~ ;.\~ ~V ~ ..~'" 0' '" ~&\:- --<;-V ~ ~ ...~ ~ ~~'P "'" . "';h '\\ .A,\~ I - 8 h M h QL IN TESTIMONY WHEREOF, I have hereunto set my hand andjfflxetl th~e s of said~Gompanies this t day of arc ,20 . ~V" ~.;;; v .... (~',\.,. ~Y" (~ ~ 10 '." :\0 ~ ~~- ~ ' (\) 5)\\)1 (\\'(\;. ~, .>..1 ';::i~ \ . ~ ~'> 1,<i' \.>" 01}- '" ..z.i~'\\.:';" "\0: €) To verify the authenticity of this Power of Attorney. call1-800-421-3S80 or contact us at www.stpaultrave1ersbond.com. Please refer to the Attorney-In-Fact number, the above-nwned individuals and the details of the bond to which the power is attacbed. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED B RbER - VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) n 0 C"?-l 0 o November 18, 2008 CD ~-< September 16, 2008 September 2,2008 (Noon) November 3, 2008 (No. -<0 c::= ("')"" en o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Nolin) .tXl rt'lO .::- :::0-( :Xx ~ cn-l 0 0 == 0 PurunolUlcenaentsfPresentations City Manager's Report 0% .r:- "" 0 Adnrinistrative 0 .. .."aJ NATURE OF New Business - ~ AGENDA ITEM [8J Consent Agenda 0 Legal ...., ::t: 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 I RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the naonths of May, and July 2008. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases lUlder the $25,000 bid threshold for personal property, cOIl1Il1odities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission naeeting of each naonth listing the purchase orders approved by the City Manager, or Acting City Manager. PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departInents in timely procurenaent of cOIl1Il1odities, services, and personal property. Adnrinistrative controls are in place with the developnaent of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the DepartInent Director, Purchasing Agent, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows adnrinistration to naaintain internal controls for these purchases, reduce the adnrinistrative overhead of processing for approval, and allow for naore timely purchases to be naade. ALTEWi(J;(J ~ DepartInent Head's Signature City Manager's Signature C~~ City Atto S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC C: File . CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MAY & JULY 2008 1. Vendor: SUNGUARD HTE INC. Purchase Amount: $23,080.00 Requesting Department: Utilities/Customer Service Contact Person: Tony Penne Date: 5/20/08 Brief Description of Purchase: E-GOV, BILL PAYMENT, ONLINE BILLING CONVERSION Source for Purchase: COMPATIBLE WITH Fund Source: 401-2825-536.64-14 EXISTING SOFTWARE 2 Vendor: J & J INVISION Purchase Amount: $10,657.61 Requesting Department: FACILITIES Contact Person: PAULA LEBLANC Date: 7/15/08 Brief Description of Purchase: CARPET FOR CITY MANAGER'S OFFICE Source for Purchase: State Contract 360-240-00-1 Fund Source: 302-4101-580.62-01 I 3 Vendor: MORE DIRECT Purchase Amount: $11,430.00 I Requesting Department: POLICE Contact Person: DOUG SOLOMON I Date: 7/17/08 i Brief Description of Purchase: COMPUTER HARD DRIVES Source for Purchase: STATE CONTRACT Fund Source: 001-2110-521.64-15 4 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 5 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: Page 1 """""";""''"~''"'-'''''"''''''''',,,-~,~,..,,.,.,-. PURCHASE ORDER ./ CITY OF BOYNTON BEACH, FLORIDA ./ PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081414 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/15/08. VENDOR 1514 SHIP TO: TO: J & J / INVISION City of Boynton Beach 818 J & J DRIVE FACILITY MANAGEMENT P.O. BOX 1287 222 NE 9TH AVENUE DALTON, GA 30720 BOYNTON BEACH, FL 33435 REQUISITION NO. 46639 ORDERING DEPARTMENT: FACIL'ITIESjRC INQUIRIES REGARDING . PURCHASE ORDER CALL DATE NEEDED: BID NO: I COMMISSION APPROVED: (561)7426310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 300.00 SYD CITY MANAGER'S OFFICE 23.0800 6924.00 SUITE-CARPET YARDAGE new carpet installation based on FL State Contract #360-240-00-1 Carpet Product: Applause Color: Whistle Backing: ActionBac Installer is Barnard's Carpet Tele: (561)278-3600 2 9.00 CAN VOC FREE ADHESIVE 29.6200 266.58 3 300.00 SYD CPT REMOVAL 3.2500 975.00 4 1.00 QT SEAM SEALER 8.5300 8.53 5 300.00 SYD CPT DISPOSAL .3500 105.00 6 300.00 SYD FURNITURE MOVING 2.1800 654.00 7 500.00 LFT BASE 1.2600 630.00 8 300.00 EA FLOOR PREP 1.8350 550.50 9 300.00 EA NIGHTjWKENb,DOORS 1.0800 324.00 ELEVATOR PROCUREMENT SERVICES: P.O. TOTAL: 10657.61 CCOUNT NO. 302-4101-580.62-01 10657.61 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT , 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. :fi. 03142(' BOYNTON BEACH, FLORIDA 33425-0310 DATE: - 7.::2 VEN DOR 5268 SHIP TO: TO: MORE DIRECT City of Boynton Beach 4800 T-REX AVE POLICE DEPARTMENT STE 300 100 E. BOYNTON BCH. BLV:C BOCA RATON, FL 33431 BOYNTON BEACH, FL 33435 REQUISITION NO. 46711 ORDERING DEPARTMENT: POLICE DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2.00 EA DL385 G2 2218 2.6 4GB-2P P41/512 3575.0000 7150 00 COMBO RPS HPM MORE DIRECT - QUOTE #3804188 * * STATE CONTRACT NO. 250-000-03-1** VENDOR ITEM NO.- 432195-001 2 4.00 EA 72GB 10K HD SAS SFF-2.5LP 1IN 255.0000 102C.OO HPL VENDOR ITEM NO.- 375861-B21 3 6.00 EA 146GB 10K HD SAS SFF-2.5LP lIN 315.0000 18%.00 HPL VENDOR ITEM NO.- 431958-B21 4 2.00 EA OEM 1PK WIN SVR STD 2003 R2 685.0000 1370.00 W/SP2X64 1-4 CPU 5CLT VENDOR ITEM NO.- P73-02768 REMARKS: RETURN PURCHASE ORDER TO DEPARTMENT. PROCUREMENT SERVICES: P.O. TOTAL: 11430.00 I -J ACCOUNT NO. 001-2110-521.64-15 11430.00 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081273 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: OS/20/08 VENDOR 1375 SHIP TO: TO: SUNGARD HTE INC City of Boynton Beach 1000 BUSINESS CENTER DR. CUSTOMER SERVICE LAKE MARY, FL 32746 100 E. BOYNTON BCH BLVD BOYNTON BEACH, FL 33435 REQUISITION NO. 46148 ORDERING DEPARTMENT: UTIL-CUSTOMER RELATIONS INQUIRIES REGARDING PURCHASE ORDER CALL DATE NEEDED: BID NO: I COMMISSION APPROVED: (561 )742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1.00 JOB E-GOV, BILL PAYMENT, ONLINE 23080.0000 23080.00 BILLING CONVERSION REMARKS: This software will replace the current on-line billing program and will improve and expand utilities customer service. PROCUREMENT SERVICES: P.O. TOTAL: 23080.00 ACCOUNT NO. PROJECT 401-2825-536.64-14 23080.00 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 5/912008 Requesting Department: Utilities-Cust. Relations Contact Person: Anthony Penn Explanation for Purchase: To improve and expand services by allowing our utility customers online access to their account information 2417. This improves efficiency by reducing time staff spend answering the phone and walk-in inquiries;postage saving. YL,[ r.ffw."e,. WI I( 1i"l'/4Ct... ~ c....rn,....' l>>1t- (,..L- ~ rt.., .~"',.,..., ~ IRecommended Vendor HTE SUNGARD I I Dollar Amount of Purchase 23,080.00 I Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Computer Software-Click2Gov operating system (401-2825-536-64-14) qnfl A:!;vaIS: Date r-- (>-"k::o~ D partment Head Purchasing Agent Date sfttp JDt( I Asst City Manager Date City Manager Date 5--l f- oCo Fonn Revised 02101/02 ..."''',.,.....~I>,,_~'''''ll....,_~..'-,.,.,..'''''' VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office [8] August 19, 2008 August 4. 2008 ONoon) o October 21, 2008 October 6, 2008 ONoon) 0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20. 2008 ONoon) 0 September 16, 2008 September 2,2008 ONoon) o November 18, 2008 November 3, 2008 ONoon) o October 7,2008 September 15,2008 ONoon) o December 2, 2008 November 17, 2008 ONo~ C"') - C"') -t CD =4-< c... -<0 c n"" 0 Announcements/Presentations 0 City Manager's Report r- 'CD N 1'10 NATURE OF 0 Administrative 0 New Business c..J ;::)-< AGENDA ITEM 0 0 :Xz Consent Agenda Legal > <..,";-1 :x 0 0 Code Compliance & Legal Settlements 0 Unfinished Business S O:z: ""a:J .. ~r"'1 [8] Public Hearing 0 c...) n> 0'\ ~("") ::I: RECOMMENDATION: Please place this request on the August 19, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on July 22, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-066. EXPLANATION: PROJECT: Country Inns and Suites (SPTE 08-006) AGENT: Robert E. Currie of Currie, Sowards, Aguila Architects OWNERS: Anand Patel LLC (Anand Patel, Managing Parnter) LOCATION: 2201 South Federal Highway DESCRIPTION: Request for a one-year site plan time extension for site plan development (NWSP 06-026) for construction of a 42,367 square foot, 62 room hotel and a 9-foot height exception (HTEX 06-008), approved on November 21,2006, thereby extending the one-year time extension to May 21,2009. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES, ::!k ~ ' f1t~ Developrri6t Department Director City Manager's Signature Assistant to City Manager eM-- " ~ ~ /L-...-(.J /' Planning and Zo~ irector City Attorney / Finance Agenda Item Request Country Inns and Suites SPTE 08-006 8-19-08S:\Planning\SHAREDlWP\PROJECTS\Country Inns & Suites\SPTE 08-006\Agenda Item Request Country Inns and Suites SPTE 08-006 8-19-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-066 TO: Chair and Members Planning and Develcy;nent Board ..1 f)L/ THRU: Michael Rumpf t',-,lJ .. Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: July 1, 2008 PROJECT: Country Inns and Suites (SPTE 08-006) REQUEST: Site Plan Time Extension ------ PROJECT DESCRIPTION Property Owner: Anand Patel, LLC (Anand Patel, Managing Partner) Applicant: Anand Patel, LLC (Anand Patel, Managing Partner) Agent: Robert Currie of Currie Sowards Aguila Architects Location: 2201 S. Federal Highway (see Location Map - Exhibit "A") Existing Land Use/Zoning: Local Retail Commercial (LRC)jCommunity Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 62 room Hotel on a 0.91 acre site Acreage: 0.91 acres (39,502 sf) Adjacent Uses: North: Right-of-way for NE 21st Street, then farther north is developed commercial property (The Palace Game Room) designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3); South: Developed parcel (Fairfield Apartments) designated High Density Residential (HDR) and zoned Multi-Family Residential (R-3); East: Right-of-way for Federal Highway, then farther east is developed residential (Tuscany on the Intracoastal) designated High Density Residential (HDR) and zoned Multi-Family Residential (R-3); and West: Developed parcel (Golden Sands Inn) designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3). Page 2 Memorandum No. PZ 08-066 BACKGROUND Mr. Robert Currie, agent for Anand Patel, LLC (property owner) is requesting a one (i)-year site plan time extension for the Country Inns and Suites site plan development order (NWSP 06-026) and height exception (HTEX 06-008), which were approved by the City Commission on November 21, 2006. The approvals are valid for 18 months from the original date of approval. If this request for a one (i)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to May 21, 2009. The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area V, on the west side, at 2201 South Federal Highway (see Exhibit "A"). According to the original site plan staff report, the proposed hotel project was approved for 62 rooms in a four (4) story building. The project has been approved for the following: a new site plan (NWSP 06-026) and a height exception (HTEX 06-008) of nine (9) feet for two (2) dormers. The proposed hotel was designed to resemble a Key West-themed multi-family type of project, including standing seam metal roof with a gable profile, with stucco finish to mimic shiplap siding, painted soft pastel colors, again reminiscent of Key West (see Exhibit "B"). ANALYSIS The site plan and height exception approvals for the Country Inns and Suites project are valid for 18 months from the date of approval. The applicant has to receive a building permit prior to the expiration of their approval or request an extension. Examples of building permits include but are not limited to the following: plumbing, electrical, mechanical, foundation, and structural. The regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement; Staff received the request for a site plan time extension on May 16, 2008, approximately a week prior to the expiration date of the new site plan and height exception (see Exhibit "C") . According to the agent, "working drawings are not yet complete and financial conditions are such that it is not economically feasible to complete the project at this time". The applicant hopes that conditions will improve by the end of the year and the project can move forward. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. Traffic concurrency was approved with a build-out date of 2008 and no building permits are to be issued by the City for this project after the 2008 build-out date. Since the applicant has not begun any construction, it would appear there would not be adequate time left on his traffic concurrency, and an updated traffic approval letter from Palm Beach County Traffic Engineering will be required. As for utilities, records indicate the utility reservation fee is once again due. Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward. The site plan time extension would still be subject to the original conditions of site plan approval and those conditions associated with the minor site plan modification. The site plan time extension is still subject to the original 43 conditions of site plan approval. Lastly, no new land development regulations are now in place which staff recommends should be applied to the subject project. As for application of the Art in Public Places ordinance (05-060), this project was not Page 3 Memorandum No. PZ 08-066 exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. The original site plan depicted the public art at the northeast corner of the site, consisting of a cascading water feature with a reflecting pool containing metal sculptures. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (i)-year time extension of the site plan (NWSP 06- 026) and height exception (HTEX 06-008) for the Country Inns and Suites project. If this request for extension were approved, the expiration of this site plan, including concurrency certification, would be extended to May 21, 2009. If this request for site plan time extension is approved, all outstanding conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D"). S:\Planning\SHARED\WP\PROJECfS\Country Inns and Suites\SPTE 08-006\Staff Report.doc - -." .' .. ~ 1 in. = 71.1 feet i Country Inns & Suites Exhibit A I J , \l~j': iii . II , C.~lE""-'L "C'T!'~' "-IT" C"T-'. ~\ , ;lU Pl.A1j~ 5\!B1llTfED FOR 6f"ECIFIC PT'~IT" 5HALl ICNItU C_l,~.fl.AI-I Cct-NERCltIL Qvl"l'a-A, ~ ! \,\ 3 1'"1 ' t~~~~T~:~=~~~~\~ ~~~r~~,~ 3~EER 3t~~.~~\f~ \ ~,~': 1'\,= 1 ~~~~~~::=~~~~~ I~~~~~~~~.. ~~11:g:TI 4,\~., __ --l _,-+- _~ J ~.. OMJt,l.AG!! 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II "., ~ """,01,_"'-10 If"V'',l.RlED "'-'OCM"- ~ 1 1 I : (0) J il : , oj) I '[ ~ ' ' a~ 1 II J.l<OtOlMC'::!p::;E0'- Z ' {l': ;~;;:;'::'~~f,~~;;~ r ~ I il'::: III O.-t:RPL...'HIJ-15"F<FA -q 0 IJ 111 i : fll' j " I f \? ill I J: i ~",-'Jtfr 'H't : . : 'T q ,S COUNTRY INNS c,..;p'c" 1,;1' !!!eJ ~E~I~~ \ I tf) I- (j 1 """,""'D' """' '8 ' :J", I~ 1'1 oj I AND SUITES FI><TUI'O'.!::,l"tlIl-l!:O TO I I Ii ~:T;>'~~~I\-': 0 I ~ I BY CARLSON \O_L> """"'0 ,,,,"CN",L ':1 ,1'1', I' I ,>,' """..N"",,""""'O ' ." I' 'I' ~I <:MA'- "ll~!e I' ) ~'"'J-< ~ @ , III ;' ~~ -_ @ ~~I II :II ..."'Bl.I-~ -----:--L .-/1 i, 'i ~l ' 1- 'I II Iii 2201 SDIJTH ~~c, "~<" @,'! \ N FEDERAL HWY ;:;~~;~'';:;W' , - . ,t II 1\ : I.! , BOYNTON BCH FL ~i~"l i ~ !1 if i ~ II ' ""0"' I ~:'--' J : ,Iii 'I ,,:! ' ~ I Ii LjQ~ ' II, I ,GEl<1!3'IIOR LJ~TQE1,~1LS i21f:9iliTAlN DETAIL _ _ .1 " Iii \::v- wM ,-)-, ...~ ill ,I _,_ ii/I ill IHESE OlWIW.l~ ""t PIIU'Mltl) ~tl. Sl~ I,(b€" i,lli! ,i.I,1 =g:~JI("':t1~~~ ~,_ -- ,,---~_.-'E'~"'''. _,_r~",,,,r'-'! ~~:~TO-!'rO~"''''~r1Tl-J-- ~S=~,""1;;;I:(:TC= N ~tfll-'lllUllD tcI!S11lUCl T"I: IUl.DIIfG :1 "'11"3- EB 0 SITE PLAN I. '''': .. =<~;~~:f i ~;:m'.L~f;."\=7 11 - __ FM-p"'-RI!OerI'QR!Tl>(lJ.!.Y1, COMpt(l[,lt/OoPt!>.(\!loUt.e.r.JIlCll!<{; 11 !!<:lJlP1'l'~~ -"jll' IC.OUI, j'.;It'C 5ClL.u.tC..!'j....."!'~~"'..,~'" j I'IlC1I'O~ONTIlEf'VoI/sd"'" II -O;-C"l.LE> I'. ,€l,iZ!' VI,.,! fl..t\l\lWfI :: __"",,,,"~,,,,,.~.'n~o -,-' itr' ,-- .01A10" 1\ ~"" ~,~tTh"'''~ "~"u-'''lC.~ .,' '''" ~~... "",,-' ,.T_"-"! --ffi- '. . - 2201 , - - \,111' ~1"1Ir; 1I"'JCCC ~ -?; M~"'~ "nE ,~..._ ....O.,_.'~ - ".,_"""",-",~-",-,,-,_,,-----,-~"'.; """"'''''' __ )~ &1'I.lCCC :: _,_~~~-CO.I'A!HIEO : ~ \" " SITE PLAN " =~11 ''', SlID -- If . "'.."",,,,"'.,,",- . . ~~ I' ~AC>C"~"""....'.'I," .! .' ....oo~ ' . ~TeAI"'~1')(H' II ~rC"EF~II'O' . 1 I -~".'.. -- t~ ,."'aE1"/~'CllAOO:-'-- I t::' ~" II: c.o..a., "_Cq;"'~<E 1 I ~a.SI.JIr'Il"E5 <:JANllT1l llL"'~ L c~Ul.;xl T\!f'-N< l.'_-'" CO'" " ' .j;:S;';..,,,< :: -,_'::-" .':::::=:-::,:::::-" i=- ~ : ~~'O '~C"G __ - II' I I ~"" 522.0G I 'JZ' . ILJ _ ~g NU""tF 060401 ~RA"'~'C ",,,,~ro .-- :,;:+g,l!!,l~RENCLQ6Ulii;_ tlit~~~~DErAIL __ @~IOOp'~AI~d ~!,Ol__ in X I OJ -1 lTI STREET ELEVATION - FEDERAL HIGHWAY project. boynton beach country inn and suites toe>)'"~""" :;-:r~~~ dllve bodker ---,_.. 1!llUl, .blth """'Ill''' ....,t. to"! deny \>e.aoch nma. 33"e13 ',"1_1!7G~U ..h",.t: t:rt!.... plantinr elevation>.. project num~cr' !5!50~ d...ta' 0._&3-00; s":;,.I",, dT......n t>y. ~. ......"'1",1<:>"... SIDE ELEVATION - SE 21ST A VENUE tH'~ c '0--11--00. C t.. ",he.-/:.' L-4 ., , tN-ct. m X I - OJ - --i OJ EXHIBIT CURRIE · 50 \NARDS · AGUILA ~ ARCHITECTS Robert G. Currie, fAIA Jess M. Sowards, AlA Jose N. !\qulla';LA April 1 0, 2008 Mr. Mike Rumpf, Director City of Boynton Beach Planning &:. Zoning Division 100 E. Ocean Avenue Boynton Beach, Florida 33425 Re: PZ-035 Country Inns &:. Suites Dear Mr. Rumpf: Responding to Ed Breese's memorandum of April 7, 2008, this is a request for a one-year extension of the approved site plan for Country Inns &:. Suites. The reasons we are requesting this extension are: 1. Working drawings are not yet complete. 2. Financial conditions are such that it is not economically feasible to complete the project at this time. Hopefully by the end of the year conditions will improve so that we can break ground on this project which will greatly add to the redevelopment of downtown Boynton Beach. Enclosed please find an application fee in the amount of $500.00. Thank you very much for your consideration. , bert G. Currie, FAIA F;ro", for the owner } ,... ------ , ./!J :c: --.".........._--, ..;, Ie: (" ,'- -.~_ :" .1 t"~I!: - --~....-_ i / n ~ --"0 ,,' II ;---.- '___ : ;/ .' "'" I ~-';". I 6 '):" .- '" AlA FLORIDA FIRM OF THE YEAR 2000 Architecture' Planning' Interior Design. # AA2600 1584 134 Northeast First Avenue' Delray Beach, Florida 33444 . 561.276-4951 . Fax: 5(., }.243-818" . "'''w., ,"l-anllllt;, Is.' 11m EXHIBIT "D" Conditions of Approval Project name: Country Inns & Suites File number: SPTE 08-006 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I I Comments PLANNING AND ZONING I fl 1. The site plan time extension is subject to the original conditions of approval. X 2. An updated traffic approval letter from Palm Beach County Traffic X ! Engineering will be required. 3. In order to ensure capacity will be available when the developer is ready to I X I move forward, the applicant shall pay the utility reservation fee. I I \ ! ! ! ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I I 'O- j Comments: None X I i ADDITIONAL CITY COMMISSION CONDITIONS I ..-..----- Comments: I I I To be determined. i i II S:IPlanningISHAREDIWP\PROJECTS\Country Inns & SuiteslSPTE 08-006\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Country Inns & Suites APPLICANT'S AGENT: Robert Currie - Currie Sowards Aguila Architects APPLICANT'S ADDRESS: 134 NE 1 st Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2008 TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension for a 62 room hotel on a 0.91 acre parcel. LOCATION OF PROPERTY: 2201 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Country Inns & Suites\SPTE 08-006\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2008 The board members had questions about parking, which had a deficit of 72 spaces The board acknowledged the parking could accommodate the use, but the concern was it was not known what development was coming behind this application and whether there would be enough to support all the uses in total. As a school, the use would attract parking and the center would be an active center. The board previously approved an item with a parking deficit and now was approving another item with an Institute of Transportation Engineers (ITE) generation rate. It was pointed out the use could potentially have a much stronger generation rate than the ITE specified rate. The project had shared parking with mixed uses. Ms. Nielsen acknowledged the board's concerns and explained the allocation for parking was appropriate for where the users would be parking and using the space. The end product would provide the parking for the other uses across the site. Chair Jaskiewicz opened the floor for public hearing. No one coming forward, the public hearing was closed. The occupancy classification for the use was mercantile. The board then discussed the back fa9ade of the complex that faced Publix, which was unsightly from Federal Highway. Chair Jaskiewicz indicated it was her understanding that would be renovated and improved. The Publix store would be entirely renovated and in a different location. The members thought that aspect should be taken into consideration in Phase II and it was noted many buildings in different areas of the State were required to have four- sided building facades. Motion Mr. Myott moved to approve the conditional use. Mr. Lis seconded the motion that unanimously passed. Mr. Myott left the meeting at 7:55 p.m. B. Country Inns and Suites Site Plan Time Extension 1. PROJECT: Country Inns and Suites (SPTE 08- 006) AGENT: Robert E. Currie of Currie, Sowards, Aguila Architects OWNER: Anand Patel LLC (Anand Patel, Managing Partner) LOCATION: 2201 South Federal Highway DESCRIPTION: Request for a one-year site plan time extension for site plan development (NWSP 06-026) for construction of a 42,367 square foot, 62 room 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2008 hotel and a 9-foot height exception (HTEX 06- 008), approved on November 21, 2006, thereby extending the one-year time extension to May 21,2009. Mike Rumpf explained the request for the site plan time extension and height exception would be reviewed together. The applicant was requesting a Site Plan Time Extension which was previously approved in November 2006 for 62 rooms in a four-story building. The height exception was for two dormers, and the proposed hotel was designed to resemble a Key West, multi-family type of project with a metal roof. The drawings were not complete and the financial conditions were not economically feasible to complete the project at this time. Traffic concurrency was approved with a build-out date of 2008 that will expire. An updated analysis and approval for the traffic is required. The Utility Reservation Fee is due and without payment, the Utility Department indicated it could not ensure the capacity will be available. A letter of objection was received indicating the traffic on South Federal Highway was enough and the project would exacerbate the condition. The County indicated, during the initial site plan approval, 20 daily vehicle trips were associated with the project and no capacity issues were raised. Staff recommended approval of the request for the one-year time extension and height exception subject with all prior conditions of approval. If approved the time expiration for the project, including the concurrency requirement, would be extended to May 21, 2009. Robert Currie, 134 NE 151 Avenue, confirmed that financing was difficult. The owner had some preliminary financial abilities that had changed and was bringing on a partner. He anticipated commencing construction in February of 2009. He distributed a picture for the board to review. Chair Jaskiewicz opened the public hearing. No one coming forward, the public hearing was closed. Chair Jaskiewicz requested a motion to approve the request for a one-year site plan time extension for site plan development for construction of a 42,367 square foot, 62 room hotel and a 9-foot height exception approved on November 21, 2006, thereby extending the one-year time extension to May 21,2009. Motion Vice Chair Saberson moved to approve the staff recommendation. Mr. Lis seconded 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2008 the motion. Ms. Killian disclosed the applicant was her neighbor. Attorney Alexander explained there was no pecuniary interest, and being a neighbor did not pose a conflict. Vote The motion unanimously passed. 8. Other Chair Jaskiewicz advised she attended the City Commission meeting for the hotel renovation items and the City Commission agreed with the board's recommendations. 9. Comments by members None. 10. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:04 p.m. Catherine Cherry Recording Secretary 10 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORt.... Requested City Commission Date Final FOnTI Must be Turned Requested City Commission Date Final FOnTI Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J August 19, 2008 August 4,2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 16, 2008 September 2,2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15, 2008 (Noon) D December 2, 2008 November 17, 2008 (Noon) D Announcements/Presentations [8J City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: This item is brought before the Commission for discussion of a new towing service contract model. Staff is seeking policy direction from the Commission as to which model to use in developing a new towing service contractlbid. EXPLANATION: Staff has researched alternatives models for the Commission to consider for a new towing services contract. The following is an overview of the options the tow committee considered viable when reviewing the history of our contracts, current market conditions and what other communities are doing. The tow committee comprised of Scott Blasie, Code Compliance Administrator; Carol Doppler, Purchasing Agent; Steven Weiser, Fleet Administrator; Sgt. Craig Anthony from the Police Department and Lori La Verriere, Assistant City Manager. Currently: Our existing contract was awarded in 2005 to eight tow companies, all of whom had to be located within the City of Boynton Beach. The contract was a two year contract with a one year extension, expiring in March 2008. The contracts have been extended until a new RFP is awarded. Towing services are currently provided on a rotational basis. Non consent tows (accident vehicles) are rotated on a per call basis by Dispatch. Compliance (code enforcement) tows are rotated monthly and they are administered through the Police Code Compliance division. The City's contract closely mirrors the adopted Palm Beach County rates for all class tows. The City pays 50% of the contract rate for towing our fleet vehicles and pays full contract rates for police directed tows and storage. In 2007 we paid approximately $24,485.00 in tow charges for our fleet vehicles and approximately $18,189.50 in towing and storage fees for police directed tows, such as confiscated vehicles or crime scene vehicles. Year to date 2008 we've paid $14,441.50 for fleet tows and $27 ,344.53 for police directed tows/storage. Alternatives: As we researched how other local government agreements were structured we found a number of municipalities require a franchise fee as part of their agreements. The attached spreadsheet (Exhibit A) illustrates our findings. Below are a few examples of various contract models available for your consideration: A. Firstly, the City can maintain the current contract arrangement which is on a rotation basis. We currently have six tow companies on rotation. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM B. A second option would be to solicit an RFP requiring a franchise fee from vendors for the purpose of establishing a "market value" for our towing business and award the contract to the single highest and most responsible bidder. Currently Delray Beach. Pompano Beach and Hollywood have franchise agreements with one vendor. The City of Delray Beach receives approx. $140,000 annually on their contract. Pompano Beach receives approximately $110,000 annually and Hollywood receives $180,000 annually. The City of Boca Raton is in the process of awarding a contract, however, they may be awarding to two vendors. They sought franchise bids and received two responses - one for $180,000 and one for $110.000. Staff has indicated they will likely award to the two vendors at a reduced/negotiated price ($55,000 each which represents half of the lowest bid). The obvious benefit of seeking a franchise agreement is the potential for a new revenue source for the C it: as well as the potential reduction of the expenses we incur in towing our fleet vehicles. A disadvantage of a franchise is that larger companies would be in a better position to offer a higher franchise fee. whereas. smaller companies may have a difficult time doing so. C. A third option is to seek proposals from vendors (franchise fee) and consider awarding to the top two or three bidders. This is the direction in which Boca Raton is headed. An average of the top two or three proposals can be taken and the contract be awarded accordingly, with both or all vendors paying the same fee. As staff sought input from City tow vendors (copies of all responses attached - Exhibit B) we found that two of the five responses (Beck's and Zuccala's) suggested limiting the towing service contract to two companies. A third vendor (Emerald) indicated that "many city contracts do have a rotation system but most are now contracted to no more than two companies". Their letter also stated that "the Palm Beach County Sheriffs Office still has as many as 9 companies on rotation in a single zone but this has become more of a problem than a solution for the public". D. A fourth option is to structure an RFP to obtain franchise fees from vendors with a minimum bid outlined in the proposal. For instance, the City of West Palm Beach has this type of contract. Two vendors pay $15,000 each annually (a higher minimum can be established - i.e. $20-$25K). This option may draw increased participation because the minimum bid statement wouldn't be prohibitive for the smaller tow companIes. PROGRAM IMP ACT: Regardless of the contract model the City Commission selects, staff encourages the Commission to consider the inclusion of free city tows for all city owned or leased vehicles (at least Class A & B). Additionally, as expressed in the attached memorandum from the Police Department (Exhibit C), the Police Dept. requests "we secure a tow contract that releases the City from its responsibility to pay for the storage of vehicles at the rotation tow vendor's facilities. The vendors who maintain the vehicles stand in a position of interest as they have possession of the vehicle for collateral for eventual satisfaction of storage fees from the vehicle's owner or relevant insurance company". Both of these provisions are very common among neighboring municipal towing service contracts (refer to Exhibit A). Staff has encouraged our tow vendors to attend the 8/19/08 Commission meeting to provide their input for your consideration as well. FISCAL IMPACT: Depending on the contract model selected, the City may potentially increase revenues in the fonn of franchise fees and possibly reduce expenses related to the towing fleet vehicles and the storage of police directed to\\', S'\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVJ'S, n/a, ~ ,~" AL, --d::" k /,"~ .'-' ---- ' '/ Departmenf-Ffead's ignature City Manager's Signature Assistant to City Manager ~ U fy ~~j~~: O?GU-J City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC TOWING SERVICES AGREEMENTS EXHIBIT A COMPARATIVE ANALYSIS OF FRANCHISE FEES PREPARED JANUARY 17, 2008 UPDATED APRIL 15, 2008 UPDATED AUGUST 5,2008 ENTITY CONTRACT MODEL ANNUAL CONTRACT AMT. COMMENTS CITY TOWS STORAGE FEES Franchise $109,963.00 Franchise $141,250.00 Fleet tows free Inside $25.00 - Outside $20.00 Cars onl Two bids submitted - awarded Franchise $110,000.00 to both ($55K ea.) Fleet Tows Free Free Storage Franchise $30,00000 Two companies Paid By Entity - Rates $3,750.00/Company/QTR x 2 Min. Bid established Established in RFP -------.- --- - Franchise $25,000.00 (3) Companies $8,333.33/yea Fleet Tows Free Evidence No Charge Forfeiture 45 days - No _._-~.". --"-~~~- ------"-_._-_._..._-~-~, Charge .- Franchise $115,500.00/year ---.- -_._-" .._-,---,._.~--,..._-------- Forfeiture & City - No Charge Forf.eiture No Charge 30 days ~.- - '~'-'-- Rotate all companies that Rotation NONE request to be on the list --,-,,~--, .,..~ -_._~.._,-"- Contract Service Rates outlined in contract Serviced by the Sheriffs office I .-------.-.-- -"--_. -I . Rotation - 13 companies No Free Tows i Rotation Rates outlined in contract j .---- Rotation limited to (4) Rotation Rates outlined in contract companies Fleet Tows Free J __._n_.._ ~._..- ---,.. -,_.... EXHIBIT B Letters received from tow vendors: ./Blake's Towing & Transport, Inc. ./ Zuccala's Wrecker Service '/Beck's Towing & Recovery ./ Emerald Towing & Heavy Hauling ./Eastem Auto Body & Glass, Inc. \ . " , BLAKE'S TOWING & TRANPSORT, INC. 1500 SW 30TH AVE #11 BOYNTON BEACH, FL 33426 June 30, 2008 The City of Boynton Beach Procurement Services 100 East Boynton Beach Blvd PO Box 310 Boynton Beach, FI33425-0310 Attn: Carol Doppler RE: RFQ "TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM" RFQ 007-211 0-05/CJD Carol: Thank you for the letter clarifying that there will be no changes to the current tow rotation system, including fees and charges, during the extended period ending March 13, 2009. I look forward to the opportunity to provide the commission with my thoughts and ideas as to how the towing rotation can be written to benefit those involved. I strongly believe that changes can be made to accommodate the city without any unfair financial burden placed on the towing companies. I would like to make myself available to the City of Boynton Beach at anytime in helping them understand the financial and legal aspects in the operations of a towing company. I will forward the City of Boynton Beach my opinions and information to help guide with future changes to the towing rotation for the Commission meeting August 19, 2008. Sincerely -:1--~ Jason Blakeley President . . . . - . RFQNAME: "TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM" RFQ: # 007.211o.0S/CJD Agreement between the City of Boynton Beach, Owner; and Blake's Towin2 & TransDort (Company's Name) CONTRACT PERIOD: MARCH 14,2008 TO MARCH 13,2009 k Yes, I agree to renew the existing contract under the same Tenns and Conditions, *~T 1lIQBIMC*TI8HS (as shown below) and agree to submit a' Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. k 1# IIff tJo n-fOPI FIe;? n ~ ~ T/fl5 77fl1G: _ No, I do not wish to renew the contract at this time. *NO CHARGE FOR TOWING/STORAGE OF CITY VEIDCLES AND POLICE CONFISCATEDIEVIDENCE VEHICLES FOR THE EXTENDED TERM OF THIS RFQ. gl-J4K.EY; ~1f/6 r jllU"-s k ~&~/ NAME OF COMPANY SIG TuM .j ft&;;tJ I541tU5C&#/-- ta-g,rpf::;7-l1 TITLE NAME OF REPRESENTATN (please print) 0/3D)D~ SiP I 737 3303 DATE I t (AREA CODE) TELEPHONE NUMBER /cjd America's Gateway to the GulfstreBm 551737537'3 ZUCCALA c;: C'.~GL 0" E:l7/1l/2008 11 : 013 ~\ lRECKEllA ~ ~~ 81..1.77 ~. 1ApJi jo.t, ~ oc::xx::x:xx>ooo. el33 E. Indu$trill Ave. Boynton B&ach, FL. 3~2e (561) 731.1212. Fax: (881) 731-1379 To the City Commissioners of Boynton Beach: Agenda: City Towing Rotation ." My name is Drew Zuccala, Owner and Operator of Zuccala Wrecker Service. I've been towing in the city of Boynton Beach for over 30 years and my business has been operating at the same. location since 1978. Zuccala Wrecker Service at one time had the towing contract for the city of Boynton Beach for over 10 years. The city's purchasing department sent out a letter recently that looked more like a contract agreement thlin 8 questionnaire. But, when nobody agreed to sign it: anDther letter followed sa)ing that the first letter was just an inquiry for a future towing contract. This brings us to my inquiry as to how to answer this qu~sti.on. I'm not in favor of a single company contract, or a franchise.contract. The ci1y has tWo local towing services that are ready and able to serve the city of Boynton Beach. These two companies have the equipmen4 big and small, the history and the knowledge to take care of the city's needs, Having two companies share the responsibility takes the pressure off one single service for whatever reason. Having two companies that hBve.a long history, of working well together would be an asset to the city. This could possibly benefit the city by negotiating a better contract for city owned vehicles. If the city cannot come to tenns with tbis then at least consider bringing do\VD the rotation from 7 to 4 companies. Thank you in advance for your consideration. Sincerely, Drew Zuccala -- - - . - -- --,- '-. -.- ,. . Beck's Towing & Recovery 410 North East 5" Avenue Boynton Beach, A 33435 Phone: (561)369-1096 Fax: (561)369..()698 FrideIY, Jurt 11, 2008 To: City of Boynton Beach RE: City Towing ContrlJCt My name is Steve Beck, ovvner end operator of Beck's T OV>Iing & Recovery. I have been in the towing indUStry for the past 33 years with the last 14 yeNS owning my own towing compM1Y. We recently received a letter from the purchasing department asking to re-sign a contrad leaving everything as It was with an addendum to tON "II city vehicles for free "net store al -police hoId"vehlcles for free. Naturalt)', all towers would not sign it Shortly after, another Imer foIl~ ~ng the first tetter wes just for i'lqulry for the future toNing contract. If it's 5l inquiry you want, here's mine. It is obvious th8t the city is Iookilg for free towing. Let's mce it, ttl~ won't happen unless you go to e single contrl!ctor. Which I, along with other towers are not in favor of. 1 believe you could get reduced rates for the city by cutting the amount of tow contractors. You heve two of the four ~rgest tow corn~nies in Palm Beach County in your ~ backyard. These two COl11P8nies h&ve all the equipment to to\o\l from the smallest of cars to the largest of Semi's. Using these two companies would be an asset to the city end to EfZd ~E9ZtoH9~ << 8~9t19~ flNlMO! S.;1l:>3S ,o:~ lkLHOOZ . the patrons of Boynton Beacn. If th;s is not possible for the city perhaps you WOUld consider reducing the mexJmum number of companies from six to ttTee. You know the old sayilS"1f you build it, they will come", well with budget cuts 5'td signs of 8 recession m~ it's time for the city to rethink It's to'Ning contract. Thn you in advence for your consideration. Sincerely, /!~ Steven E. Beck (f(d 'lI.(92v/L9' (( !iMO-Ii'lf-l <11; '111111I01 !;'):l~lJ o;a:" ll-[Q-800l 07/28/2008 10 08 FAX 9545174737 EMERALD [lJOo1/001 .- ,- - v~M~~~~ING July 23, 2008 Carol Doppler. CPPB Purchasing Department City of Boynton.Beadt 100 East Boynton Beach Boulevard Boynton Beach. FI. 33425 Re: Towing Contract Dear Carol. Please ~t this letter as our response to your requesl for informatiOl1 conteming the Au,ust I VIi City Commission meeting. In my opinion the City of Boynton would be best served with ~ a sole provider apeement or a rotation that irK:1udcs no more than three companies that can all provide Class A, 8, and C towing service IInd lowboy tnwportation. Having multiple companies on the rotation IUld two separate lists for Class A, B and a separate list for Class C will not wort. if you IISk: to ha~ city owned vehicles ~ at no charge. The result would leave you with no one applying for the Class C list as there are very few Clus C requested tows. Many city contracts do have a rotation 'syslCm but most a.re now con!racted to no more than two companies. The Palm Bea4-;h County Sheriffs Office still has as many as 9 companies on rotarlan in a 5iDg1c zone but this bas become more of a problem than a solution for the public. Towing bas been and will continue to become Vel)' specialized as we have seen with many state towins contnK:ts now requiri RS certified towing operatoB and certifications in Hazmat awareness and Movement of Traffic (MOl). Sbould you have any questions J can always be reached at (561)735-0398. ---..-,... .. Siocerely, Jam~ M. J President 161 N.''''. 4th StJ'tlet · Boca Rate1\. Florid:\ 334S2 (BOO) 239.()604 . (561) 395-9595 · (561) 36Hlll . Fax (561) 361-9040 BeTU 0161. PBTU 0153 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of ~fi( /./A- ) County of / q/ /Y1 r3~ ) , , being first duly sworn, deposes and says that: 1) He is P fLES ( 0 e;-/) V- of EA-> +CJ'Zr\ 1}.It., J1;/)r 16-//)-$) ~<-. (Title) (Name of Corporation or Firm) ./ the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties i~er1 including this affiant. (Signed) Zl/Pt ~ x--:- Subscribed and sworn to before me (Title) J fl.€'S / iJEY) ~ m__ This ~ day of My commission expires ----- THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE c-~ Fl .~ (~) I ~ i' J The City of Boynton Beach PrtlCIlTement Senices 100 E. BtlyntDn Beach Boulewlnl P. O. BtIX 310 Boynton Beach, Florida 33425-0310 Telepholle: (561) 742-6320 FAX: (56}) 742-6306 ADDENDUM #1 DATE: June 20, 2008 RFQ TITLE: "TWO YEAR CONTRACT FOR VEmCLE TOWING ROTATION PROGRAM" RFQ NUMBER: #OO7-2110-05/CJD The following changes, additions, deletions, and/or infonnation are hereby made a part of the RFQ for the "TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM" Agree to extend the existing RFQ # 007-2110-OS/CJD UNTIL MARCH 13, 2009 with Modifications as follows: No charge for towing! storage of City Vehicles and Police confiscated/evidence vehicles for the extended term of this RFQ. Date 7/;1(08 er, Corporation, Finn or Individual) Signature ~J'\ t1 tD r:r~"1 e Pri ed Name ~1fJ€~ -()w"t:" Title &~~~ ~I - j"9- t/3~(c, Telephone Number Carol Doppler, CPPB Purchasing Agent C: Scott Blasie - Code Enforcement Craig Anthony - Police Steve Weiser - Fleet Manager File t RFQNAME: "TWO YEAR CONTRACT FOR VEmCLE TOWING ROTATION PROGRAM" RFQ: # 007-2110-05/CJD Agreement between the City of Boynton Beach, Owner; and Eastern Auto Bodv & Glass. Inc. (Company's Name) C~CT PERIOD: MARCH 14,2008 TO MARCH 13,2009 _ Yes, I agree to renew the existing contract under the same Tenus and Conditions, ~~ITH M8BlFleATIO~ shown below) and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. _ No, I do not wish to renew the contract at this time. nO ISTORAGE OF CITY VEmCLES CE CONFISC CE VEHICLE RM OF THIS RFQ. NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER /cjd Americas Gateway to the Gulfstream EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Major Unger DATE: 07-22-08 FILE: SUBJECT: Tow Contract Presentation FROM: Sergeant Anthony REFERENCES: August 19th City Commission Agenda ENCLOSURES: CD of Powerpoint Presentation In review of the tow vendor invoices for the 2007 budget year, and the 2008 budget year through May 15th, I find the following payments have been made. In 2007 the Police Department paid a total of $42,674.50 to six tow vendors. Of that total, $18,189.50 was directly invoiced to the Police Department for police directed tows and storage fees. A total of $24,485.00 was indirectly invoiced to the Police Department, via Fleet Maintenance, for police fleet vehicle tows and service charges. The 2008 budget year was tabulated from October 1 S\ 2007 through May 15th, 2008 in which the Police Department has paid a total of$41,786.03 to six tow vendors. Of that total, $27,344.53 was directly invoiced to the Police Department for police directed tows and storage fees. A total of $14,441.50 was indirectly invoiced to the Police Department, via Fleet Maintenance, for police fleet vehicle tows and service charges. The Police Department currently has 13 parking spaces available for storage in the downstairs garage. If this space is filled to capacity then all storage of evidentiary vehicles must be maintained at contracted tow yards, of which daily storage fees are applied per contract. In 2007 the Police Department paid $887.00 in storage -ees to six tow vendors however, in 2008 we have paid $19,344.78. This difference is due to the rise in accident fatalities this year and the need for storage to accommodate the vehicles involved. All evidentiary vehicles, per Florida Law, must be maintained in a secure facility until released by the State Attorney's Office. This process can be quite lengthy ranging from months to years of storage before the case is cleared. Traffic Homicide Investigations (THIs) are broken down into two categories, non-criminal and criminal. THIs account for the majority of storage fees we encounter. A non-criminal THI has a minimal storage time of approximately nine months, and can last over a year. A criminal THI has a minimal storage time of approximately two years, or more in some cases up to five years. These vehicles can not be released until the State Attorney's Office closes the case and allows the release. If there is no storage at BBPD then these vehicles must be stored at contracted tow yards. Vehicles used in criminal investigations (homicides, etc.) must be stored as evidence until the case is closed. If the case goes to trial the vehicle must be stored for many years to allow for prosecution and the appeals process. Should a major criminal investigation remain unsolved and a vehicle is a principle component of the case, Florida Law dictates the vehicle must be held for 100 years. It is the recommendation of the Police Department that we secure a tow contract that releases the City from its responsibility to pay for the storage of vehicles at the rotation tow vendors' facilities. The vendors who maintain the vehicles stand in a position of interest as they have possession of the vehicle for collateral for ~ventual satisfaction of storage fees from the vehicles' owners or relevant insurance company. .iJ-$':T to .*0 Tow Bills B,v Vendor VENDORS PD DIRECTED TOWS STORAGE FLEET TOWS BECKS 2007 $2,540.50 $750.00 $5,566.00 2008 $2,095.00 $495.00 $3,607.00 BLAKES 2007 $2,162.50 $12.00 $2,877.50 2008 $2,430.00 $17,620.00 $1,487.00 EASTERN 2007 $881.00 $50.00 $742.00 2008 $917.75 $229.78 $0.00 EMERALDS 2007 $3,679.00 $0.00 $5,506.00 2008 $1,072.00 $0.00 $3,483.50 SCOTTS 2007 $5,197.50 $0.00 $2,037.00 2008 $1,350.00 $1,000.00 $1,527.00 ZUCCALAS 2007 $2,842.00 $75.00 $7,756.50 2008 $135.00 $0.00 $4,337_00 2007 TOTALS $17,302.50 $887.00 $24,485.00 2008 TOTALS $7,999.75 $19,344.78 $14,441 50 GRAND TOTALS 2007 $42,674.50 2008 $41,786_03 01:\ f'OLIC~ ~~~ ~. ~. I' '>'. .... ~ Tra[fic Homicide Investigations ~> '~""- ~ ~ ~\~ ii ~ J'W'Y. .... >: .po ;MY"!",. . . "'$ ~~~.. '^~ l!tlrr ,{t~O- (THIl . Non-Criminal: Usually single vehicle crashes where death ensues and no criminal charges are filed. Minimum storage time: 9 months to 1 year. . Criminal: Crashes including multiple vehicles where death ensues and charges are pending or filed. Minimum storage time: 2 to 3 years. . Evidentiary Vehicles: Usually not crash related where a vehicle is criminally instrumental and death ensues. Minimum storage time: 5 to 6 years. ,..c."" POLICe .... ' A <:> <:~ ~~ ~ o .~~' ""i'"O~ to< '".. "",' "'! Z ' .' \" ll: BBPD Secure Storage :0 '\ 1 ~' r'L .J.. "S' 1t1f)': to!".'" · The BBPD currently has parking spaces for 13 evidentiary vehicles in our "indoor" secure storage facility. ~ .;i - - ~._--~_.~ ~"- --OJ . . . . .. . .. . IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office t:8J August 19, 2008 August 4, 2008 (Noon) o October 21, 2008 October 6,2008 (Noon) 0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 16, 2008 September 2,2008 (Noon) o November 18,2008 November 3,2008 (Noon) 0 October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17, 2008 (Noon) 0 Announcements/Presentations t:8J City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Report and Recommendation on funding of new Police Administration Building on City-owned property at the SE corner of Gateway Boulevard and High Ridge Road. Staff recommends proceeding with the sale of bonds in the amount of $25M to fund this project EXPLANATION: In 2004, the City purchased approximately 9 acres of land on the southeast corner of Gateway Boulevard and High Ridge Road primarily for the purpose of constructing a new Fire Administration Headquarter / Fire Station Number 5. The new Fire facility is now under construction and will be open for service in less than a year. The referenced property was an attractive location for the City because it would not only provide space necessary for Fire Department needs, but it was readily apparent that there was sufficient land such that a planned future Police facility could be accommodated on site as well, forming a very convenient Public Safety complex that is reasonably located within the community and had excellent access to the arterial roadway network. During design of Fire Station Number 5, a very specific scope of design service included evaluation of the entire site to ensure that the design of Fire Station Number 5 will easily co-exist with a future Police building. We wished to ensure that we did not proceed too far with Fire Station design only to find that sufficient land did not remain for the Police building. Initial space programming of the site nearly 24 months ago showed us that a Police building could be located on site with the primary assumption that parking would have to be accommodated in a parking structure rather than on grade. In the FY 2006/07 Five Year Plan, $25M was allocated to design and construct the Police building. Final design services for Fire Station 5 also included specific space programming services to once again test our space assumptions for the proposed Public Safety Complex. This new study (attached hereto), undertaken by CH2MHILL at a cost slightly less than $20k specifically identifies very detailed space requirements for Police operations based upon current conditions as well as needs projected well into the future. The Police staff worked closely with the architect to identify a need for 81,050 square feet. This compares favorably to a space needs analysis conducted in 2003 by Architects Design Group, Inc wherein the project space need for the year 2020 was 77, I 24 square feet. According to Police staff, the increased building space is necessary to accommodate staffing needs that will allow for a reconfigured staffing structure wherein the department is split into an east and west command structure. Additionally, the space program assumes additional staff necessary to allow for future municipal annexation that would require increased Police staff levels. Lastly, additional staff not only necessitated growth in administrative space, but an increase in the number of parking spaces needed in the parking garage. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM As noted, staff has proceeded with Police space programming with the assumption that $25M would be available through the sale of bonds. The debt service for the bonds would be paid by using proceeds from the public service tax regular contribution to the Capital Improvement Program (CIP). The most recent contribution of public service tax monies to the eIP was slightly greater than $1.8M per year and it was anticipated that approximately $2.3M would be needed to repay the bond debt for the Police building. However, the most recent space study by CH2MHILL finds that a slightly larger Police building will be necessary for reasons noted herein. Therefore the cost estimate for the project has risen to slightly over $31M. A breakout of these costs is as follows: Building $18.3M Parking $4.0M Site Work $1.4M Generator $0.7M Design $2.5M Contingency $2.4M Furnishings $2.0M Total $31.3M The above cost is a combination of assumptions by the architect about the amount of space designed into the Police building and also the estimated cost for that space. Therefore, for the cost of the project to decrease, or increase for that matter, there would need to be a corresponding change in the square footage of building construction or a reduction in construction pricing. The local economy is already showing a fairly marked downward trend in construction costs as evidenced by favorable bids received for Fire Station 5. One can only guess if this trend will continue, stabilize, or reverse course. To move this project forward, staff requests authorization from the City Commission to begin the process for the sale of bonds in the amount of $28M to cover project cost of $25M plus cost of issuing the bonds and a debt service reserve. Stall recognizes that this amount is not sufficient to construct a Police complex according to the space programming and cost estimates outlined herein. However, to proceed with the sale of bonds in the amount of$35M to cover the $31.3M cost plus the cost of issuing the bonds and a debt service reserve would require annual debt service of approximately $2.8M and the City would have to defer all public service tax funds from the crp fund to the bond debt service requiring that a number of other planned capital projects be deferred. Staff has no recommendation in this regard. Much more analysis and public discussion regarding project deferral or elimination is necessary. PROGRAM IMPACT: The existing Police Administration building at the City Hall Complex is comprised of 18,300 square feet. There is no question that this space is unsatisfactory for effective police operations. In fact, it is staffs opinion that the Police staff has done an outstanding job serving our community in sub-standard conditions. It is absolutely necessary that the City provide additional space for police operations. Unfortunately, the construction schedule established when the property was purchased in 2004 did not anticipate such a marked decline in tax revenue both locally and statewide. FISCAL IMPACT: Not determined pending direction from the Commission. ALTERNATIVES: As noted, the Five Year Plan allows for a Police building with a total cost of $25M. However, the Cit) Commission should consider the following alternatives. 1. Proceed with a building assuming funding of $25M. Changes in building size, material and scope would be required. 2. Proceed with a building assuming funding of $31 M. This would negatively impact other planned capital projects. 3. Investigate alternative financing strategies and structures with the City's independent financial advisor that could reduce near-term debt service requirements. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 4. Defer construction ofthe Police building until the economic climate improves. On the surface this may seem to be a good public policy decision. However, now is an absolutely favorable time to construct a new facility of this magnitude. There is no doubt the need is proven. The bidding climate is favorable and interest rates are low. Therefore, the financial impact to the public would be less in the long run if we proceed immediately. Although it might be popular to some to delay the project, this must only be done with the recognition that the overall cost to the community could be much greater. Herein lays the tough decision. Lastly, the construction estimates account for a building designed according to traditional building code criteria. There is no need to construct a costly hardened facility because Fire Station 5 was purposely designed to serve that need. However, it is very important to note that emerging "green" construction trends are not accounted for in the referenced construction estimates. The desire to go Green has only emerged as a viable technique in the last few years. We do know, however, that an additional likely cost of 10% (+/- $3M) in addition to the costs reported herein would be required to build according to Gold level Leadership in Energy and Environmental Design (LEED) standards. Recent Florida State Legislation, House Bill 7135 was approved and signed into law by Governor Crist on June 25, 2008. HB 7135 creates an unfunded mandate for all county, municipal, school district, water management district, state university, community college and Florida state court buildings to be constructed to meet a nationally recognized, high-performance green building rating system as approved by the Department of Management Services. (See applicable section ofHB7135 below). Staff acknowledges that many LEED concepts should be included in the building design for efficiency of operation and reduced long-term maintenance expenses. Staff further warns that a number of emerging construction means and materials may be popular today but they have not been proven or tested in long standing structures, particularly in a humid, southern climate like ours. House Bill 7135 Section 22. (I) The Legislature declares that there is an important state interest in promoting the construction of energy- efficient and sustainable buildings. Government leadership in promoting these standards is vital to demonstrate the state's commitment to energy conservation, saving taxpayers money, and raising public awareness of energy-rating systems. (2) All county, municipal, school district, water management district, state university, community college, and Florida state court buildings shall be constructed to meet the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system as approved by the Department of Management Services. This section shall apply to all county, municipal, school district, water management district, state university, community college, and Florida state court buildings the architectural plans of which are commenced after July I, 2008. Cl(f~ik$!J -I: :1/-/ ";; /~ (' ('~L t, (>~ z ..... A_.(~ City Manager's Signature 1i ~))J L jjdfs '1/ Department Name City A , S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ESTIMATED COST OF POLICE ADMINISTRATION BUILDING Building - Sq. Feet 81 ,050 $ 18,300,000 Parking Deck $ 4,000,000 Site Work $ 1,400,000 Total Construction Cost $ 23,700,000 Generator $ 700,000 Design $ 2,500,000 Contingency $ 2,400,000 Furnishings $ 2,000,000 Total Estimated Cost $ 31,300,000 ASSUME $25.000.000 ESTIMATED COST ASSUME $31.300.000 ESTIMATED COST BOND & DEBT SERVICE REQUIREMENTS BOND & DEBT SERVICE REQUIREMENTS Project Cost $ 25,000,000 Project Cost $ 31,300,000 Issuance Cost 2% $ 560,000 Issuance Cost 2% $ 700,000 Debt Service Reserve $ 2,264,116 Debt Service Reserve $ 2,830.145 Capitalized Interest $ Capitalized Interest $ - Estimated Financing $ 27,824,116 Estimated Financing $ 34 830.145 Financing Contingency $ 175,884 Financing Contingency $ 169.855 Bond Amount $ 28,000,000 Bond Amount $ 35,000,000 Term - Months 240 Term - Months 240 Interest Rate 5.25% Interest Rate 5.25% Annual Debt Service $ 2,264,116 <<<>>> Annual Debt Service $ 2,830,145 Total Debt Service $45,282,328 Total Debt Service $56.602,910 C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLK1 C\ \ Police Administration Building - Est Debt Service. xis \ Police Admin Bldg Bond Issue 8/13/2008 , RECEWED CH2M HILL J\JL O?, 1UU~ 3001 PGA Boulevard Suite 300 .. - ~OHKC Palm Beach Gardens. FL 33410-2896 CH2MHILL oOBU~ J" ." Tel 561-904-7400 ...... Fax 561-904-7401 June 25, 2008 Mr. Jeffrey Livergood Director of Public Works City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Boynton Beach Police Station Concept Development Dear Mr. Livergood: Please find enclosed multiple copies of the Concept Development for the above-referenced project. The purpose of this document was to evaluate the space requirements for the Police Station as presented by the Police Department in conjunction with the City of Boynton Beach space standards and to ensure that the building would fit on the site and in context with the overall Master Site Plan. CH2M HILL worked closely with Jeffrey Katz, representative from the Police Department, to develop the conceptual floor plans. Jeffrey Katz did an outstanding job of determining the program and physical relationships between the various departments and functions throughout the building. Based on our findings and analysis, we are confident that the preliminary space programming proposed for the Boynton Beach Police Station fits on the site and within the context of the overall Master Plan. In addition, based on the Concept Development, we are including a Preliminary Statement of Probable Cost for your review (attached). If you have any questions or need any additional information, please call me at (561) 904- 7503. . Copy: Tom Orlowski - CH2M Hill Boynton Beach Police Station Facility Concept Cost Review CH2M HILL June, 2008 Review: Item/Scope Acre $/ Acre SF $/SF Park'g $/Park'g Total $ Spaces Space Building 81 ,000 $225 $18,225,000 Elevator 75,000 Parking Garage (2 floors) 188 $21,000 $3,948,000 Pedestrian Bridges (3) 700 $60 $42,000 SitworklUtilities (+/- acres) 5.7 $250,000 $1,425,000 1800 KV A Generator, $600,000 switchgear & fuel tank Generator Enclosure $100,000 structure SUB TOTAL $24,415,000 AlE fees $2,441,5 Contingency $2,441.500 TOTAL * $29,298,000 * Not included: Movable Fixtures, Furnishings & Equipment (FF&E) . 55,760 $35 $1.951,600 .81,000 SF Bldg X Assigned SF W CH2MHIlL ....' BOYNTON BEACH POLICE STATION CONCEPT DEVELOPMENT May, 2008 Preliminary Space Program Concept Master Plan Concept Plan Diagrams Concept Building Elevation Boynton Beach Police Facility Preliminary Space program CH2M HILL May, 2008 Note: Preliminary Space Program is in conjunction with Concept Diagram Plans and Master Site Plan as the basis for further development. FIRST FLOOR (Approximate dimensions/areas) * 128' x 280' = 35,840 SF * 33' x 60' = 1,980 SF (Sally Port) * 10' x 26' (x 2) = 520 SF (2 North Stairs) 38,340 SF FIRST FLOOR Approx. Approx. Total Department / Space SF Size SF Main lobby 1 ,400 Reception 160 Duty Officer 110 1,670 Community/Multi-use Room 2,000 (40'x50') Event Storage 270 Serving kitchen (event preparation) 220 Pantry 90 2,580 Victim Advocate rooms (office/interview adjacent Lobby) 360 (2)@180 360 Records Operations 1,582 Sergeant 110 (10'x11') Supervisor 110 Crime Analyst 110 Forfeiture Specialist 110 2,022 Large Conference Room 320 320 General Break Room 300 (15'x20') 300 Detectives Commander Office 180 Large conference 300 Interview rooms (2) 220 (10'x11' ea) Observer Room (adjacent Interview rms) 120 Observer equip. rm. 56 (Tx8') Juvenile Victim 140 Suspect Lavatory 80 (10'x8') Sergeant Offices (4) 560 (140 SF ea) 2 Supv. Offices (future/assigned) 320 (160 SF ea) Detective work stations (32) 2.592 (9'x9' ea) Central Copy / supply 150 Break room 250 4,968 FIRST FLOOR (continued) Approx. Approx. Total Department/Space SF Size SF Forensic/Computer Crimes Investigations Undercover Operations 140 Work stations (3-4) 340 480 Tech Services Entry/storage/staging 210 (14'x15') Work stations (3-4) 340 Manager Office 150 Work room 240 Sensitive equip./stor. 112 (8'x14') Radio/comp. repair 180 (13'x14') Repair Storage 100 1,332 Adult and Juvenile Processing Areas (70'x54') 3,780 Including Report Writing & DUI Bulk Evidence/Processing/Storage 2,740 (74'x37') Narcotics Vault 210 ( 13'x16') Money & Weapons Vault 210 (13'x16') Evidence Supply 160 (10'x16') 3,320 Sally Port (32'x59') 1,888 Vehicle Process (22'x25') 550 Forensic Process (34'-6"'x25') 863 Crime Scene (4) Work stations & lockers 500 (25'x20') Supervisor Office 140 Storage/supply 175 815 SUB TOTAL 25,248 Unassigned Spaces 13,092 Walls. corridors, toilet rooms, janitor rooms, mechanical rms., electrical rms., stairs, elevator, elevator eq. (approx 34% of total SF) FIRST FLOOR TOTAL 38,340 SECOND FLOOR (Approximate Dimensions/Areas) * 128' x 280' = 35.840 SF * Approximate Area (-950) SF (Open to 1 st FI. Lobby below) * 10' x 26' (x 2) = 520 SF (2 North Stairs) 35,410 SF SECOND FLOOR Approx. Approx. Total Department/Space SF Size SF Lobby (above/open to 1st FI Lobby below) 700 700 (with wall display areas) Communications - 3 rooms including work stations, 2.300 telephone/network, building security server & equip. (Note: access floors & alternative fire supression system in these rooms). Communications Lieutenant office 140 Communications Manager office 140 Communications Storage & Quiet Space 120 Toilet Room 40 2,740 Code Enforcement Manager Office 140 Planning & Review 120 6 work stations, reception and small waiting area 1,000 1,260 Community Action Team 14 work stations + 1,540 2 CAT Sergeant offices 200 (100 SF ea) CAT Lieutenant office 120 CAT Team Storage 120 1,980 CRA Police Squad 5 work stations 550 CRA Sregeant office 120 670 Bicycle Supply Room I 90 90 Crime Prevention I Demo & JFO Meeting I 260 I Officers ( 2 rooms) I 220 (110SFea) Crime Prevention Storage 160 640 Traffic Enforcement Homicide Investigation (work area for 10+) 800 Traffic Sergeant office 110 Traffic Enforcement Storage 150 1060 General Storage 350 350 Main Janitor Office/Supply Room 180 180 SECOND FLOOR (continued) Approx. Approx. Total Department/Space SF Size SF Marine Enforcement Office (3 work stations) 330 330 K-9 Offices (3 work stations) 330 330 Animal Control (3 work stations) 330 330 Kennel Interior access room to 4 kennel cages 120 4 Kennel Cages 60 (4@15SF) (Cages also to have exterior/platform access) K-9 Equipment Storage 20 Kennel Storage 20 220 Quartermaster Supply Room 140 Chemical Weapons Vault 20 Weapons Vault (for patrol rifles) 50 210 (Note: All rooms w/reinforced walls & ceiling) Sergeants Office (2) Sergeants office/work areas (ea. w/ 12+ work stations) 2,460 (2) Supervisor/Conference Rooms 280 (140 SF ea) 2,740 (Note: access to Conf. rms. also from Roll Call/Briefing) Roll Call/ Briefing Room 985 (+/- 25'x40') 1,000 Officer Mailboxes & Form Storage Center 100 100 (linear open area adjacent central corridor) Central Copy/Fax Area 60 60 (linear open area adjacent corridor/mailboxes) Break Area - East (adjacent Mailboxes/copy area) 240 240 Offices Lieutenant Offices (8 offices) 960 (120 SF ea) District Captain ( 2 offices) 340 (170 SF ea) Court Liaison office 160 Chaplin office 120 Explorer office 120 P.SA office 120 1,820 Special Services Sergeant office 110 Assigned space (in development) 370 Off Duty Detail & Special Events Coordinator 100 Assigned space (in development) 370 950 Mechanical Equipment 210 210 Second Floor (continued) Approx. Approx. Total Department/Space SF Size SF Classroom (adjacent 2nd Floor Lobby) 720 (24'x30') 720 Defensive Tactics/Use of Force Simulation Room 432 (24'x18') 432 (adjacent classroom & Training Admin.) , , Training Administration Office (6+ work stations) 660 Training Records Storage 135 Training / Recruiting Equipment Storage 155 Pre-Employment / Review Panel Interview Room 180 Training Library 200 1,330 Break Area-West 240 240 Women - Lockers/Showers/Toilets 1,000 1,000 (62 lockers, verify) Men - Lockers/Showers/Toilets 2,000 2,000 (120 lockers, verify) Fitness & Rehab Center 900 900 Laundry - Sorting & Storage 190 190 (adjacent Fitness & Rehab Center) I i , I Police Equipment & Ammunition Storage 400 I 400 (Note: reinforced walls & ceiling) I Armory / Weapons Repair Shop I 230 230 (adjacent Police Equipment & Ammunition Storage) SUB TOTAL 25,652 Unassigned Spaces I I ! Walls, corridors, toilet rooms, janitor rooms, mechanical rms., 9.758 electrical rms., stairs, elevator, elevator eq. (approx 28% of total SF) SECOND FLOOR TOTAL 35,410 RECAP Assigned Unassigned Total Spaces Spaces SF FIRST FLOOR 25,248 13,092 SECOND FLOOR 25,652 9,758 THIRD FLOOR (2nd Floor Option location) 4,250 3.050 SUB TOTAL 55,150 25,900 * TOTAL BUILDING SF 81,050 Say 81,000 * Approximately 32% Unnassigned Spaces, walls etc. Approximate required parking for 81,000 SF Police Station * General parking requirements provide 1 space per 300 SF of Building * Sally Port is unoccupied space - not included in above. * Some other building spaces are not normally occupied such as vehicle & forensic processing, equipment & storage rooms etc. but are included in 1/300SF parking since the additional parking requirements are minimal. Approximate Gross Building SF minus (-) Sally Port = 79,200 SF 79,200/300 =264 parking spaces required. NOTE: The Concept Master Plan and diagrams were developed for the purposes of evaluating space on the site and to ensure that the building/program could fit on the site while conforming with the program requirements of the Police Department. The City of Boynton Beach and CH2M HILL developed the requirements of space needs for this project. The spaces are designed around the initial desires of the Police Department to meet their long-term goals. Based on the preliminary space program and conceptual plan diagrams, the City must also consider projected population growth and its effect on the proposed bulding space requirements before proceeding with the final design. ~ BOYNTON BEACH PUBLIC SAFETY COMPLEX Concept Sketch - Master Plan Gl2M HILL ~ !~~-\o:- --.._____. May, 2008 20' Setback f\Jinil111111\ Impound ,- Property Line rTII~lJ i I \ i i i I. ilJliITil: p ,-J~--' 83 Pohce parkIng spaces shown -------'t:;:~ Plus 3 Service Spaces _.-~\- LillU~ I r- -Police Station Mechanical Equipment l '1 \ & Emergency Generator 20' Setback O. , . Minimum . /.- "\ I , ^e>""""'""" ~i Parking Garage ,._-~- 188 spaces on To Gatev,ray Blvd. 2 levels - Police Station Pedestrian Bridges - - ~-~ I C Roof Entrance ro Garage ---~ - ____m '---._-_.~ -- , High Ridge Road N~ LEGEND 2 Slory Parking Garage 1 Main Lobby/Entrance 2 Reception + . 4 3 Records Operations T T rr 4 Duty Officer 5 Victim Advocate ...!. .-1 6 Community/Multi-Use Room f C!.C]1 . (~, 7 Event Preparations/Storage DrnID t B Forensic/Computer Crimes 11 - . 13 - 9 Detectives 12 I 10 Victims/Interview . . . 000 4, I I 11 Crime Scene - B ., 12 Forensic Process C 13 Vehide process ~ - 14 Bulk Evidence/Processing/Storage 6 9 3 A Major Crimes Storage A 14 B A 15 16 B Evidence Process . - C Narcotics Vault 71 0'0 + - - D Money & Weapons Vault D + 18 C D E E Evidence Supply . . I 15 Adult & Juvenile Processing I I ., - r- . A Report Writing GOO ~'I I I. I B DUI 1 21 17 C Adult Process . D Juvenile Process .- t . 16 Sally Port 17 Tech Services 18 Mens & Womens Toiiets BOYNTON BEACH POLICE ST A nON 19 Large Conference Concept Diagram - First Floor N 20 Break Room ~ 21 Mechanical & Electrical Equipment CH2M HILL 22 Stairs May,2008 23 Elevator Ll:C;END Second Flour Lobb\ 2 Story Parking Garage 2 C"ommunicaliuns 3 Code Enforcement <I C"'lassroom 5 Defensivc Tacli('~ b Training ,\dmin./R\?COid':o Iraining: Library & Intl'1 VW\', i\lCl1S & \Vclnwll"- 1 "d<.eu:'/'1h"~,, q Fitness & Rehab CC'nlcI 13 19 III Laundry 9 I I I I 11 AnnolylWcapnn5 f{'pair - 12 Police Equipment & Ammunition ........-----..~.,,- " Special Servicc~ &: nff dul\ (" ;ilIdl!1.1\' 21 14 rvlarinc Enforcement K 30 1 , K-9 Offices Ii, Animal Control 2 3 [J ,- 32 Roof 17 Kennel 23 22 1<.; l..!uartf'f l\1astC'l" SlJp~'I\ It) Dlstrict Capt.1in l 7 1 2(\ Lieutenant Otfile<, I 21 +---- 2J Sergeants I 20 " 0 " Roll Call/Bridjn~ I . ..:.,) Mail 5 Open to helm....; I I I I :'1 PHAfFx!'!o['criC11.1r1i1\ i 24 19 2~ llalfic EnforcemC'nt 16 Crime Prevention - t~ummunity Adion Tt',1l11 l" CIL\ Polit:c ~ljtl<ld BOYNI0N BEACH PULICE STATION Men_" & \\UDlt'I1S j "ii"t Concept Diagram - Second Floor N Storage/Supply CH2M HILL ~ , \'1echani\ al Fquif'llll'll: '" nlT.lk Room May,200S '.' Stairs "., Ele\'atlli . l 2 Story Parking Garage Below LEGEND 1 Lobby/Waiting 2 Conference 3 Chief's office l t 10 II I, I 4 Admin. Assistant _.~_.~. 4- 0 9 I 5 Open Office Area; . Purchasing 7 Administration I' + Professional Standards - 12 Internal Affairs Grant Officer Accreditation Manager 6 Public Information Officer . Roof 5 Roof 6 Offices; Uniform Service Commander Support Service Commander +~ Budget Services Administrator 8- Administrative Service Commander 1 Interview/Unit Meeting 0 I mE 7 Break Room 2 I 8 Mens & Womens Toilet 12 11 9 Mechanical Equipment 10 Stair 11 Elevator 12 Work/Storage BOYNTON BEACH POLICE ST A nON Concept Diagram - Third Floor (Option for Second Floor) N CH2M HILL ..... May, 2008 ,---- il f:j r:. C - '> rd [el ~-p S t\' II -i ===-4: \ l-_ !tl ")K Ed ' t:::~ I\---. ~~.-,___----4- \ \1 EJ \ 1:; \'\ii'l % Iii e- " \t- -~ ----\- \\~ \ Ii (f-j' l- 1\\ rtI f--, /' \11 ~ ic: \" ~';- \\\~ ill W \i\____------~~-~- - ~l H \t..- \ 121 "-;.oK \ D \ IL \eJ: .--;\'" ~ tr=1:>- "-- \ 'I iL "- \ . \ \,~\\\!\m\' ~ \\tt \ \\h1'1. \. I \ . \' \ \ M I L--- \ / ~ A:-1 , I ,{; \\illl\ nil' ~ '( " ~ , a -'-- - il " . . 'h'\ \~\ \~ \ El L-, ~ '> ~ .-- z. 0 :t:J I..- o.,;p ...... ~ .. ~ ~ '. r:""1' 1\ \-' 'G3 \ L--l II- (f) C ~ 1;>'-- \>.l '3 :t: '\ l\-", s;t', ,...:J - -,___' o..c. \ r='IJ\ "1iIm1\\\ p... ~ _ \llllIl'll. ,.,-< 0 "'" :>i:'J \\ 0 (f) \C-'l ~ \ i IF __ \>.l f, ..L.- c:c "';) 1\ z. ;;t. ....l ~T' 0 ~ ~ ~ \-' Po<:I:: g . n \_ \ z. OJ .,.. c-\ i \.-\-t - r~~;;:' , ' 0 '0 ~ ~ .-I-_--L-- c:c U U ?o IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM C.1 AGENDA ITEM REQUEST FORe._ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8] August] 9, 2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 (Noon) 0 AnnouncementslPresentations [8] City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: This item is presented to the Commission for reconfirmation and authorization to move forward with Phase I of Congress Avenue Community Park and Barrier-Free Playground Project. Further, staff recommends the City provide initial seed funding of$75,000 out of the Congress Avenue Community Park CIP funds for professional services to assist with the formation of a foundation including the implementation of the development/pre-campaign action plan as presented by Ms. Charlotte Pelton under the presentation portion of this meeting. EXPLANATION: In December 2005 the design firm of Glatting Jackson was contracted to develop a Master Plan for the Congress A venue Community Park and Barrier-Free Playground. The Master Plan was completed in July 2006 with an estimated cost of $9,071,865. Subsequent staff review brought the project estimate down to $8,602,875 (attached). In September 2006, the City Commission authorized the transfer of $2.5 million in Undesignated General Fund Revenues to the Capital Improvement Fund for construction of Phase I of the park. The construction estimate for Phase I is $2.6 million. The City has a total of $2.9 million funded in the FY 07/08 CIP for the first phase. The remainder of the funds ($5.7 million) are identified in year 2012/2013 with the source of funds being derived from grants and donations. Phase I of the project includes the playgrounds, restroom, picnic shelter, trails and site work. To date the City has received tentative award of two grants totaling $335,610 (see table - Page 2). PROGRAM IMPACT: The current park system has 153 acres of land that are maintained on a regular basis. Congress A venue Barrier Free Park is 13 acres. No increase in personnel or equipment is required because the plant material being used consists of mainly native species that will require less maintenance than what has been planted in parks in the past. Additionally, the turnover of Little League to the baseball organization decreased the need for additional man power. Below is a table that illustrates our current funding sources and anticipated operating and maintenance expenses. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMP ACT: Current Funding Sources and Projected Annual Operating Costs Current Fundine Sources: Budgeted in CIP $2,900,000 Funded in 07/08 Design Fees to Date -386,000 Plans 100% complete. In permitting for 2nd review. LWCF Grant Awarded +200,000 A ward letter received FRDAP Grant Awarded +135,610 Pending contract execution Donations Received +5,193 $5,000 from Hunters Run/$IOO private donation/$42.87 interest Funds Available to Date $2,854,803 Estimated Annual 0 eratin and Maintenance Costs: I Line Item ---, Estimated Comment I ! Cost : Personnel $32,000 No additional ersonnel needed. Electric 4,000 Li htin , time clock Water 600 Restrooms onl . Reuse water for irri ation lrri ation Maintenance 1000 New s stem-limited maintenance first ear -j Su lies 500 Nuts, bolts, chains, etc. i Chemicals 350 Fertilizer -lower due to native lants Gardenin Su lies 1,000 Mulch Custodial Costs 5,800 Contracted - restrooms l -I Waste Dis osal 1,000 Solid Waste Services I -j TOTAL $46,250 Bud eted in FY 08/09 0 i .-1 Staff has identified additional grant sources and will continue to actively seek grant funds. These are funding sources for which the City can apply: . FRDAP max award $200,000 (can seek additional funds in future phases) . LWCF max award $200,000 (can seek additional funds in future phases) . The Kresge Foundation max award $100,000 . Recreation Programs max award $140,000 for Individuals with Disabilities . The Columbus Foundation max award $15,000 . Cultural Support Grant award range $25,000 - $ I 00,000 Funding for the remaining scope of work for this project is dependent upon raising funds through the formation ofa not-for-profit community foundation. During the presentation of the Capital Campaign Feasibility Study for this project, our consultant, Ms. Charlotte Pelton identified the need to fund start up costs of approximately $75,000 for the implementation of a development and pre-campaign action plan. These funds will provide the level of expertise that will be needed to fully define and develop a viable foundation organization. Capital funds can be utilized to provide initial seed funds. ALTERNATIVES: Postpone development of park at this time or not develop at all. S.\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ./ . ~LQ: / 1', ,I -'. / V ,~ ,/?v_, /v._~, :V~ -- ,- Department Head's Signature City Manager's Signature Assistant to City Manager CPnL- Recreation and Parks Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC ~ '-------- ~ ~ ~ c - ::Cj. - - - -(- 04ARTER DRIVE ~il4 0 .& 0 ....-- 0-*0 CO A 00 ..ri o ___H'___' - ,---, - . ---- - Th , , 0 .. J ~ :===~_= ~,II .1 I I f d ,~---_. ,- - -..-- C" ~ , EXI5 Tt.t:; --. ~~: lLETLAND $ r-ew ~ ROACWAY CONI>ECTION o .fL ~ __ _ LIMIT OF CONSTRUCTION u ~ 'r ~ ., , 0' EXI5 Tt.t:; GRAVEL lLETLAND L...CXJP TRAIL - , --" /' CWXEL) / *' *. CONGRESS AVENUE COMMUNITY PARK CITY OF BOYNTON BEACH, FL [C G L AT TIN G J A C K SON ~oo rn KERCHER ANGLIN 120 N. Orange Ave Ortando FL 32801 BOYNTON BEACH RECREATION T .1: 407 843 6552 Fax: 407 839 1789 '" AND PARKS DEPARTMENT DaIB: 17 MAR 2llOB Nollh - ~-~~.,'--- Opinion of Probable Cost DRAFT fl #. 19~31.0 glatbng jad<.son kerct'la- 8f1Qkn lopel nnel1art, me data. June 2, 2006 phase: Master Pian TOTAL COST C:)S!lll Fees & Contll\]ellc) S8.602 B75 ., "'372,'" Port! ConoIruc:llon Coot "'....... P11t Construdion Coat T etal Feel Ind Conttngency" 35% ~Z!O.m Talal_....CooII_ \I.N.m lotal Feet and Contingency o..iwl&Pwmq" ''''' "".,., 0....' PwIIlq .....1IIl 1l""lJ1&Pem'U1g ~ 0wdianI" '" ""." -- ....52ll -"""~ """"""".. ".. ......" """"""" 57C3,475 - ToUIPrice T~= ......, Ph... 1: PricewJ ..." ,.." Q.lanttty UnIC UnltPriee f_& o-trip1ioo No CluMll1y 0_ Site Preparation $413600 $558.360 ,~ 1 Clear Ind Grub 5,000 flY $1.00 15.000 5.000 $5.000 rEll'J'1OlJe ciebrts and vegmation 2 Exotics Removal 3.000 flY $1000 $30.000 3.000 $30.000 lMChaniatllV dear 8XOtitS from v.eUand, ~ treat I mamtllir. lor 2 'jear5 3 Pil"\I~ RImoYal \00 gy $1000 S1,00J 100 $1,000 rrisc conaele slabs al axlsting ptOing area 4 Rough Grading - Pond Excavation. Cut 5,000 CY $500 $25,000 5,000 $25,000 expand existing pond, Q9 new pond 5 Rough Gndlna . Berms (using pontUlIQ 5.000 CY $8.00 $40,000 5\XXl $40.000 spread8lCistingc:ul,rrixwlnewfil 6 Rough Grading - New FlU 10,700 CY $1600 $192,&Xl ~. $192.&Xl Sjnad newfill, lam bemE 7 F1nlshGradlnfJ 60.000 sy $2.00 $120,000 ~ l8Il,OOO stread toosoo, 6' IIInrru~1- :'1:101'.'111I ":""1'11) m~1!l!J 1 storm , 1.5 "00,lXXl $100,000 1 $100,000 anowanee 2 EJectri<a1 1 lS $300,000 $300,000 1 $300,000 """"nee , ........ 1 lS $tOO,@ $100,000 1 $100,00} a11lJM3nc:e 4 Water 1 lS $150,000 S150,00J 1 $150,0IXl aIIowanCll I:mmllllll- :t.#Ji'lllfJI-."t'.lCJI'J:WIo11) i~J'JCI'i[!J 1 90undlell Comm Center 3,700 SF $250 $92S,000 3.700 $92S.ooo bIod: 'NaU., tile toof, WXId Vin, poIshedOX'lC. kAn 2 90undten Comm Clr . Cwerect Drop on fiJO SF $150 $75.000 fiJO $75,000 tie and \WOd pla.nlt roof, v.ood b6am and raftErs.. p-ecast oonc. posts , Bound... CorMl ctr - Covered Porch l,fiJO SF $150 $225,000 1,fiJO $225,000 4 9oundl... Ccmm ctr - Furnishing. 1 lS $200,000 $200,000 1 $200.000 5 Resfroom _,ion 800 SF $300 $240,00:1 $0 tile and 'MlOd plank roof, 'I'ItlOd beam and railers, precast cone posts 6 Restroom Pavilion. Open-air Porch 400 SF $150 $60,000 $0 1:o-'"f1~"iIi1TilUII'" ':'1'10'1111I 1111.,1.11) Mi'~1!l!J , EM! EntIy _", Bridge '00 If S500 150,000 $0 ffWdelflWVKlOCIdedt, dpoonc. endfXlSls, 'MJOd~ngwJipev.oodlq?raI 2 MinI Bridge . Splash Plou 30 If $300 $9,000 $0 ff'tllide~mnaeteard1, non-sIiptieufac8. ipe'MXldtopral 3 Mini Bridge. Pond 15 If $200 $3.000 $0 8' VIide ~ mnaele ardl. ips 'M)Od planking and raiing 4 BoardWllk 100 If $300 $30,000 $0 8' 'aids recycded<., WoOOdI1ll, ipeWDOdtopral 5 ea.t Pond Deck and Railing fiJO SF $100 $50,000 $0 mf~'M)()dded;" ~nliIing, 'MlO(ls1epsto'Mlta" 6 Plaza PlYlllon. &Xl SF $175 $105,000 $0 tile and \IItlOd plank roof, wood bean and rafters, jnC8st 00f\C. posts 7 Piua TntUIs 160 IF $500 $108,000 $0 \MXXl beam and slats, precest cone. posts . Main Entry Sign 1 EA $4ll.00l $4ll,000 1 $4ll,000 18'x1S' high Q'JJ.I WIll, r8sed ITllltllIlelters, lie insets, 118 cap . Second Entry Sign - Congre... Av.WXEL 1 EA $20.000 $20,000 1 $20,000 10'x8' high lmJ SlUClXl_, rased mBIa1lefters, tile insets, tie ~ 10 Second Entry Gtle - WXB. 1 EA $15,000 $15,OCXl 1 $15,000 2-3')(12' high <mJ stua:o 'IWrrIs, \KlOd beam. raised 55 letters, 'IiIe insets, lie cap 11 Play Stage ond Romp 800 SF $30 $24,000 $0 ap oonc" molal t1llI 12 Wall . P~y Stage 100 IF $200 $20.000 $0 24" high aool1lUln WId, &tucm vi tie inlay face " ""1. C1lmblng.... . _lnlng .. IF $250 $11,000 .. $11,00J Z to 6' high battenld anu retain 'MIll, stUCll) face. handllool hads 14 Wan - s.tw811- Retllnlng fiJO If $150 575,000 fiJO $75.000 1'1' high anuW/stuClXl, lpev.ood cap 15 Wall - Play Castles . FrMltandlng 250 If $300 $75,00l 250 $75,000 1'1' -48' high anu Wlsluoco, Ipe MXldcap 16 Tabla- Accenlbte PIayNIork Tables 20 If $500 $10,000 20 $1O,00J 30" tigh x lB"v.ide stBires ste9/tqJ, p-ecast cone. base 17 Wood Fence - Tall 200 If $100 $20.000 200 $20000 2:Q'MlOd~s6'o,e~6''nigh 18 Wood Fence - Low 200 LF '50 $10,000 200 $10,(0) 2x2'MXldpidletsS' O.c - 3' high loakllbtt.'l-..rbe ar..dlor r"~walIOr:d w.ilI .n'eMiiiil"'''' $181000 $244.350 Uili:JUWJ It.'{;'(~~ 1 Pond - Aerl.tor I Circutllor Ptmp 2 EA 150,000 $100,000 2 $100,00Cl -"" 2 SpInh PIuII . Pump!, OnIlnl, Relervolr 1 EA $20.000 $20.000 $0 ........... 3 SpIa.h PlaD. VariobJa.tJmld _ 30 EA $1,500 $45.()(X) $0 ........... 4 Rtftrtled. Small S1mm... 5 EA $1.000 $5,000 $0 ........... 5 Riverbed - Dry Runnel 100 IF $50 $5,000 $0 mast oonc tile, 3/-4' v.1d9 x 2" deep channel . Spray Ulster , EA 12.000 ",000 , ".000 "'..",... hl;~.JItI' 1:!l'ti-';!1JI '.ID'A.\l-1lI ~;1l'J''':\:1l1 1 S....h P\Ilo. me.....1co 300 SF $200 l5O,OOO $0 r;:ustan drarsignecl mexican tile on ap mnc pavement base 2 SpllSh PIIZI - Unit Paven 3,000 Sf $18 $54,000 $0 IfD'8d ooIa pavers, dp cone base 3 Walkway. untt Panrs 6,000 SF $12 $72,000 6,000 $nooo c.oncpavers, sand set bed 4 Walkway - ap COne wI RNer Rock Ins_ 2,000 SF $10 $20,000 2,000 $20.000 S'mncwalcs 7 Wafkway - CIP Concrete 40.000 SF $7 $280,000 40,000 $2Bll,000 6"ooncwalks 5 Trail - Compacted Gravel 1,000 SY $12 $12.000 1.000 $12,000 6'''''''''''00_''''' 6 Trail - Wood Mulch 700 SY $12 $8,400 700 $8.400 6' 8 Road - A'phall 1,000 sy $55 $55,000 1.000 $55,000 tnrpad SIilgfad8, base, and v.ecrtng oourses 9 ~on S1H1 Edging 7,000 If $8 $56,000 $0 ,.' x t/8.ttidte<<ae.st8kedQ24' Q,(:,{1<<gravelhI} 10 Wood EdgIng 2,000 If $2 $4,000 2.000 $4,000 2x6PT""""llllge, slaksdCl36"o.o ("'''''''''......) 11 stone Boulders 200 EA $200 $40.000 50 $1O,00J rtvEJbed boulders, varied siz&'prqxrtion S" ~ 30", seI in cone wlss bar Ilr:TiTh.;:Ir.III' 1:r.o~'III-"'1i.rarIo1 llUffi1:.U!l 1 Shade Trees 300 EA $700 $210.000 300 $21O,lXXl 2 Accent I Spedmen Trees 15 EA $1,fiJO $22,fiJO 15 $22,500 , TT" - Wetland Rel1oratlon 100 EA $200 $20,000 100 $20000 4 Pa\mI 50 EA $<00 $20.000 20 $8.000 durrps, planted @6'o_c 5 _boo 100 EA $250 $25,000 100 $25,000 6 omamental Shrubs and Grouttdco\f'er 12,<XX) SF $2\l $240.000 f2,()(X) $240,(0) 7 Wetland Shrubs and Groundccwer 1,000 SV $70 $70,000 1,000 $70.000 ~pBnlrrill: . SOd 27,000 SY $9 $243.000 27,0CfJ $243.000 9 Mulch 5,000 SY $4 $20,000 5,000 $20,000 ,..1tid1 I\cumudl, fXNf!I weiland and select ~ng bed aeas 1m""... 11;"1:1'11111 'fi1t'Jlt!IUI m-.I!J!I 1 lig1lts.lloeclwoycutollFbdu... 5 EA $2.fiJO $1~fiJO 5 $12,50:1 ..........."""""Y"""'..... 2 Ughll.PedeltrienP",,_ 20 .... $3,000 $60,000 20 l5O.ooo ....._,_.....posl.ghI , Lights - aoIlardILow Pedestal Flxturu 2\l .... 51,200 $24,COO 20 $24000 kJwVdlag8, beglHypetTJ9laltda"dMQht, located on gravel path at 50' o.c 4 Ugh" . IN.n llgh.......... 15 .... $1,00} $15,0CXl $0 .........., .ushmoonl_".,....... 5 Ughts - Entry I Gat. Signs 10 .... $2,000 $20.000 10 $20,000 - 6 Lights - Plaza Prtemenl 10 .... ~ooo $20,000 $0 watlrproof b!\I'9S, lushnnmt 7 8enolI 20 EA $1.200 $24,00J I. $12,cro .... bend1 . Pleniclable 10 EA $3,000 $30,000 10 $30,000 teak table and seat 9 PicnlcGrfll 5 EA $600 ~fiJO 5 $2,500 - 10 lnterpIeUve Signage IlntenIcfive Exhibits 20 EA $5,000 $100,000 I. $50,000 -_.--"""" 11 T nIIeh Receptacl8l 10 EA $I,fiJO $15,000 10 $15,1XX) &ta1'll1&rd 1llOBplade, alSkm'MXld endosln 12 Umbrellas 10 EA $1,000 $10.000 $0 retraclablefatlricllrtnllas 13 FlrePIt 1 EA $3.000 $3,000 $0 ___,II<lC"'lCllllCbos& RecreatIon Elements $650000 $891,000 :t{:U)I!l!I 1 P....Equi_it.....) \ 1.5 125.000 $25.000 1 $25,000 2 Play Eq.I....... I"") 1 lS $15,000 $15.000 1 $15,CXXl , Pily Equi_ f9Inwno) 1 lS \35.000 \35.000 1 \35 000 4 Play Equipment_ SWIng Set 3 EA $15,lXX) $45,000 , $45,000 5 P)lyground Shade Cover -large 1 EA $70,000 $70,000 $0 6 Playground StlIlde Cover . Medklm 1 EA $40.000 $40,000 1 $40.000 7 P)lyground Snadl eaver - Small 1 EA $20.000 $20,000 1 $20,000 . Sittely Play Surface - Poured 16,000 Sf $25 $400,000 16,OOJ $400.000 9 Outdoor Exerdd Cour.. 1 .... $10,(0) $10,000 $0 l:lni]g,,, "-111I11111I ~Ijtlfllll. ~ 1 Cast BrOftZe Pavement IntMs 25 EA $1.000 $25,000 $0 2 Wall Mural- GlessICefU'llc TIles 1,000 SF $175 $175,1XX> $0 ClIIIIIrlg_""',"",*,L_~ In: ,....__'"'....or_ .............~..Dlnn:knIMh>dGl-...g......-.....~..._o:o'IIiIiIn ThInl<n.lV~ [c- ...rnWoIo--....n~_.._............_"'....--.o.....~<ut.-~.I.......I\O<IiIoo<II.......-....~-, T'-.....,.,.-.oI-.l_rn___hl - UIlf or... CMSlndoIlO<lSl """'."" Oomtu_.....on:tt>olN<"""" If...O""-_____.lof"'~~ .........-.l.........._oI..~wsI_..... IX. - CITY MANAGER'S CITY OF BOYNTON BEACH REPORT ITEM C.2 AGENDA ITEM REQUEST FORI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [ZJ August 19,2008 August 4,2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 ONoon) D November 5, 2008 October 20,2008 ONoon) D September 16, 2008 September 2,2008 ONoon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15,2008 ONoon) D December 2, 2008 November 17,2008 (Noon) D Announcements/Presentations [ZJ City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Approve by motion the pre-qualification of seven construction contractors allowing only them to bid upon the Congress A venue Community Park (AKA Boundless Playground) project. Those contractors include West Construction, Collage Companies, Brang Construction, Coastal Contracting, DiPompeo Construction, JMW Construction, and Ocean Gate General Contractors. EXPLANATION: The Congress Avenue Community Park (AKA Boundless Playground) will be a new and unique component of the City's Comprehensive Park Plan. This park will provide recreation elements to those that are physically challenged. Because of the park's unique nature, a number of design and construction components are not typically found in a routine park construction project. Therefore, staff believed it best to pre-qualify construction contractors in advance of the construction bidding process. In a normal bid process, cost becomes the primary factor at the time of contract award. Most commonly, the lowest qualified bidder is awarded the project. Lowest bid is easy to determine but qualifications can be more complex to identify. This is made more difficult in that one can be easily swayed by cost rather than qualifications. To that end, staffhas determined that pre-qualification of contractors prior to bidding will encourage a more competitive 'bidding climate among only those bidders determined to be most qualified. Most notably, we will have the confidence that the lowest bidder will have the capability to construct the project in a quality and timely manner. The City publicly solicited contractor qualifications from all local and regional companies. Contractors were required to submit their qualifications and response to the City's request by April 29 of this year. Since that date, staff, together with the design consultant, Glatting Jackson, has evaluated qualifications according to a scoring matrix that was advertised to all respondents. The evaluation team consisted of Jeffrey Livergood, Director of Public Works and Engineering, Jody Rivers, Parks Superintendent, and Dave Barth, Principal of Glatting Jackson. A total of fourteen contractors submitted their qualifications and, based upon the scoring matrix summary, the team has determined seven companies to be qualified. These companies are as follows: West Construction Collage Companies Brang Construction Coastal Contracting DiPompeo Construction JMW Construction Ocean Gate General Contractors S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM A copy of the scoring matrix is attached for Commission review. Upon completion of Commission contractor pre-qualification, each of the selected contractors will be specifically invited to submit bids for construction of the park. Staff will then recommend award of a construction contract to the lowest bidder. assuming budgeted funds are sufficient for the work. PROGRAM IMP ACT: By proceeding with contractor pre-qualification, bidding and construction of the Congress A venue Community Park will proceed. FISCAL IMPACT: None. Contractor pre-qualification merely determines which companies will be allowed to bid on the construction project. ALTERNATIVES: 1. Determine all fourteen contractors to be qualified and allowed to bid on the construction project. 2. Reject all pre-qualification submissions and open up construction bidding to all companies. ) /~ ~'~~ City Manager's Signature ~~~ LL Wt~(~'~ ^"i,tmt to City Ma r ~----~.- - , -.., ~ Department Name City Atto ey / Finance CA}'1Q~ Procurem t er ices S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CONGRESS AVENUE COMMUNITY PARK PREQUALlFICATION OF CONTRACTORS RATING MATRIX C) Ul .! Ul c c Cl) c ,~ 0 c .... Cl) :;::: :;::: C) ... 0 Ul C) 0 Ul C (,) C (,) ... 0 (,) :;::: .... W III C C :;::: Cl) ::s c III c.. :;::: 0 (,) ~ "0 ... (,) '0 Ul ... (,) ::s .... ::s .... E 0 .... I: Ul ~ I: III ... 0 c ... Q. .... ~ Cl) .... 0 0 0 ... "C Ul ... 0 Ul .... a:I (,) .... Ul E 0 0 0 0 0 I: III I: Cl) III 0 I: ... 0 ... Cl) 0 Cl) 0 Cl) l- e> 0 Cl) ::s a:I Cl) c.. .... c ~ E C) .l! C) I: 0 Ul 0 ,Q Cl) I: 0 0 "C Ul III Cl) III > III :;::: .... Cl) 'x I: '> III 0 <i. E 3: 0 :;::: Cl) ::s Ul '> III "0 Q. ~ CRITERIA III ... III 0 is 0 ~ (,) III (,) ~ Cl) :E a:I C 0 0 J: J: :E z 0 a:: Experience with the installation 5 2 4 5 4 4 2 4 3 4 0 5 Barth of large play grounds, park 4 0 5 5 5 2 0 3 1 1 3 1 5 Livergood furniture and park amenities. 5 2 4 5 5 1 0 3 1 0 3 1 5 Rivers Subtotal 5 14 4 13 15 14 7 2 10 2 4 10 2 15 Experience with the installation 5 2 5 3 3 3 0 3 2 0 0 5 Barth of public art. 4 0 2 1 0 0 0 1 0 0 0 0 3 Livergood 2 1 2 4 0 1 0 1 0 0 0 0 3 Rivers Subtotal 5 11 3 9 8 3 4 0 5 0 2 0 0 11 Development of at least three 5 2 5 5 5 3 3 4 2 4 0 5 Barth (3) major parks. 5 0 4 5 5 0 0 4 2 1 3 0 4 Livergood 5 1 5 5 5 1 0 3 1 0 3 0 5 Rivers Subtotal 5 15 3 14 15 15 4 3 11 3 3 10 0 14 FNGA certified landscaper 0 0 0 0 0 0 0 0 0 0 0 o Barth preferred (1 point if so-O if not) 0 1 0 0 0 0 0 0 0 0 0 0 o LiverQood 0 0 0 0 0 0 0 0 0 0 0 0 o Rivers Subtotal 1 0 1 0 0 0 0 0 0 0 0 0 0 0 Experience with installation of 5 3 5 5 5 3 0 5 2 5 0 5 Barth irrigation systems. 3 4 3 3 3 2 0 3 3 0 2 0 3 LiverQood 5 4 5 5 1 0 3 1 0 3 1 5 Rivers Subtotal 5 13 7 12 13 13 6 0 11 4 2 10 1 13 Experience with construction of 5 3 5 5 5 5 0 5 3 5 0 5 Barth restrooms and picnic pavilions. 4 4 4 5 5 1 0 2 1 1 5 0 4 LiverQood 5 4 4 5 5 2 0 2 0 0 4 1 5 Rivers Subtotal 5 14 11 13 15 15 8 0 9 1 4 14 1 14 List of all lawsuits 4 0 5 5 0 5 5 5 5 5 5 5 Barth No litigation - 5 points 4 4 5 5 5 5 3 5 5 3 3 5 5 Livergood One (1) litigation - 4 points 4 0 5 5 0 5 5 5 5 5 5 5 5 Rivers Two (2) litigations - 3 points Three (3) litigations - 2 points Four (4) litigations - 1 point Five (5) or more - 0 points Subtotal 5 12 4 15 15 5 15 13 15 10 13 13 15 15 MAXIMUM POINTS 79 33 76 81 65 44 18 61 20 28 57 19 82 3 4 2 5 6 7 1 LOCATED AT 3111 S. CONGRESS A VENUE, BOYNTON BEACH, FLORIDA RFQ #041-2730-08/JA Section 1 - Submittal Information A. The City of Boynton Beach will receive RFQ responses until APRIL 29, 2008, at 2:30 P.M. (LOCAL TIME) in Procurement Services located on the second floor of City Hall. 10U E. Boynton Beach Boulevard, to provide the City with professional consultant services for "PRE-QUALIFICA TION OF GENERAL CONTRACTORS FOR THE DEVELOPMENT/CONSTRUCTION OF CONGRESS A VENUE COMMUNITY PARK LOCATED AT 3111 S. CONGRESS A VENUE, BOYNTON BEACH, FLORIDA" . B. Any responses received after the above stated time and date will not be considered. It shall he the sole responsibility of the qualifier to have their RFQ response delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. RFQ responses which arrive after the above stated deadline as a result of deb: by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier's request and expense i ..,."'~""' :o.'.;~""'L~ ,., ". ''''.''''''"''''''''^'' ..,._"..;""".....",,.."'..,_...-;._ ".<.,...._... _ C. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFQ and prior to the award being made. D. These RFQ's will be publicly opened and read aloud in Procurement Services after the designated due date, on April 29, 2008, at 2:30 P.M. (local time). All qualifiers or their representatives are invited to be present. Procurement Services is located on the second floor of City Hall, 100 E. Boynton Beach Boulevard. D. If any addendum(s) are issued to this Request for Qualifications, the City will attempt to notify all prospective qualifiers who have secured same, however, it shall be the responsibility of each qualifier, prior to submitting the RFQ response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their RFQ response. E. One (1) original, so marked, and four (4) copies, of the RFQ response shall be submitted III one sealed package clearly marked on the outside REQUEST FOR PRE- QUALIFICA TIONS OF GENERAL CONTRACTORS FOR THE DEVELOPMENT/CONSTRUCTION OF CONGRESS AVENUE COMMUNITY PARK LOCATED AT 3111 S. CONGRESS AVENUE, BOYNTON BEACH, FLORIDA, and addressed to: City of Boynton Beach, Procurement Services, P.O. Box 310, Boynton Beach, FL 33425-0310. F. Responses shall clearly indicate the legal name, address and telephone number of the qualifier (firm, corporation, partnership or individual). Responses shall be signed above the ~ or printed name and title of the signer. The signer shall have the authority to bind the qualifier to the submitted RFQ. Qualifiers must note their Federal I.D. number on their RFQ submittal. G. All expenses for making RFQ responses to the City are to be borne by the qualifier. H. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Qualifications for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely track the scope of work detailed in Section 2 of this Request for Qualifications. Section 2 - Scope of Work- The City of Boynton Beach is seeking to pre-qualify a General Contractor to provide the necessary experience either through his/her company or through sub contractors to assure that the site for the Congress Avenue Community Park, located at 3111 S. Congress Avenue, Boynton Beach, Florida is developed in strict adherence to the construction documents. There are unusual elements to the site such as the installation of public art, custom designed site furnishings, grading and landscaping. 2 Background: Congress A venue Community Park and Limitless Playground is located at 3] ] 1 South Congress A venue in Boynton Beach. The park currently consists of 17 soft and 4 hard tennis courts, a pr(1 shop, locker rooms, and 138 parking spaces that occupy 11.5 acres. The remaining] 3.5 acres ]s undeveloped. A Master Plan was developed for this area in 2006. Construction documents will be completed in spring 2008. Phase I amenities will include play areas, a restroom/shelter. d picnic pavilion, trails, seating areas, artwork. landscaping and irrigation. Scope: The general contractor must provide the necessary experience either through his/her compan: \ \1' through sub contractors to assure that the site is developed in strict adherence to the construction documents. There are unusual elements to the site such as the installation of public art, custom designed site furnishings, grading and landscaping. Qualifications: EV ALUATION CRITERIA The Contractor must provide documentation of experience in: ~---------~-,._~.._. _."_..---~,,._---_._._-_.- Experience with the installation of large play : 5 Points grounds, park furniture and park amenities Experience with the installation of public art ' 5 Points .------ At least three (3) major parks 5 Points -- FNGA certified landscaper preferred ] point if so - 0 if not Experience with installation of irrigation I 5 Points i:~:~;nce with construction of restrooms and1~';]:;oint~-.--n_--- pICnIC avilions ---,---_._----~------_._---_..- List of all lawsuits No litigations i 5 Points [One (1) litigation I ---------_._-_._--_.._-_._--_.~--- I 4 Points ----.--.,-.- I Two (2) litigations 3 Points --.----,--- ._~---._------------_.__._---_._- I Three (3) litigations : :2 Points -------.---.--.-.-,-. --- -----------~-_._._,,-_.,_. ,_~our (4) litigations i 1 Point ___ n._____~_ n. __L _nun.n.. _______._.___._ m. ___.._._._ _ I Five (5) or more I 0 Points ~__.__,..L_._.__ --- .._~.----- in MAXIMUM POINTS I 35 Points -,_..., .-------.-- ---...-..---- --.--------------- Review Team A review team made up of representatives from the Department of Recreation and Parb. and Engineering will review the submittals and determine which contractors are qualified. Fach qualified contractor will be asked to submit a Bid for the construction of the park. ~ , , Section 3 - General Information and Requirements A. The RFQ response should be designed to portray to the City how the qualifier's range of servIces can best assist with the PRE-QUALIFICATIONS OF GENERAL CONTRACTORS FOR THE DEVELOPMENT/CONSTRUCTION OF CONGRESS AVENUE COMMUNITY PARK LOCATED AT 3111 S. CONGRESS AVENUE, BOYNTON BEACH. FLORIDA. In order to evaluate the capabilities of all firms, each RFQ shall include, at a minimum, the following information: 1. Experience of the firm with similar projects. 2. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. The RFQ shall include: a) Willingness and ability to complete the project within the time and budget constraints, considering the firm's current and projected workload. b) Resumes of academic training and employment in the applicable fields. c) Evidence of possession of required licenses or business permits. d) Evidence of any previous experience in projects of a similar nature-provide contact names and phone numbers along with project names and appropriate agency contacts. 3. Reference listing, including contact names and phone numbers. 4. A list of all lawsuits in which the firm has been named as a party in the past two (2) years. 5. Must provide a minimum of (3) examples of each of the following: . Installation of large playgrounds, park furniture and park amenities . Installation of public art . Construction of at least (3) major parks . Installation of Irrigation Systems . Construction of restrooms and picnic pavilions B. The following items are attached with the RFQ in Appendix A and must be completed and submitted with any RFQ response in order to have a valid submittal. They are: 1. Qualifier's Acknowledgement 2. Addendum(s) 3. Statement of Qualifier's Qualifications 4. Anti-Kickback Affidavit 5. Non-collusion Affidavit of Prime Qualifier 6. Minority Owned Business Statement 7. Confirmation of a Drug Free Workplace 8. Statement of No Submittal (if applicable) A ~**** THE MOST RESBONSIBLE;--RESPONSIVE CONTRACTORS WHO MET ALL CRITERIA***** JEFFREY LIVERGOOD, PUBIC WORKS DIRECTOR RFQ: PRE QUALIFICATION OF GENERAL CONTRACTORS FOR THE CONGRESS AVE. PARK "Offers from the vendors listed herein are the only offers RFQ DUE DATE: APRIL 29,2008 received timely as of the above receiving date and time. RFQ DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, RFQ # 041-2730-08/JA if any, are hereby rejected as late" VENDORS BRANG CONSTRUCTION INC. DAVID BROOKS ENTERPRISES INC. COASTAL CONTRACTING & DEV. INC. 4300 OAK CIRCLE 9000 BURMA RD.. STE 101 807 N. NORTHLAKE DRIVE BOCA RATON, FL 33431 PALM BEACH GARDENS, FL 33403 HOLLYWOOD, FL 33019 ATTN: JAMES R. FEDELE ATTN: DAVID BROOKS ATTN:GARYJ.MCGEDDY PH:(561) 368-3180 PH: (561) 626-9960 PH: (954) 920-7444 FAX: 561) 368-3188 FAX: 561 626-9980 FAX: (954) 927-4480 ONE ORIGINAL AND FOUR COPIES SUBMITTED YES YES YES STATEMENT OF QUALIFICATIONS YES YES YES ANTI-KICKBACK AFFIDAVIT YES YES YES NON COLLUSION AFFADAVIT YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS YES/NOT A YES/NOT A YES/NOT A MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE YES YES YES SCHEDULE OF SUBCONTRACTORS SUBMITTED YES YES/NA NOT SUBMITTED COMMENTS --- _., '.n."_,_,.._____._ REQUEST FOR QUALIFICATIONS OF GENERAL CONTRACTORS THE DEVELOPMEN J / ~\-IIT[ 1 CONSTRUCTION OF COf\ .-::SS AVENUE PARK RFQ: PRE QUALIFICATION OF GENERAL CONTRACTORS FOR THE CONGRESS AVE. PARK "Offers from the vendors listed herein are the only offers RFQ DUE DATE: APRIL 29, 2008 received timely as of the above receiving date and time. RFQ DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation. RF-Q # 041-2730-08/JA if any, are hereby rejected as late" VENDORS COLLAGE DESIGN & CONST. GROUP, INC DESIGN BUILD INNOVATIONS,INC. I POMPEO CONSTRUCTION C RP. 585 TECHNOLOGY PARK 814 S. MILITARY TRAIL 2301 N.w. 33RD. CT, UNIT#102 LAKE MARY, FL 32746 DEERFIELD BEACH, FL 33442 POMPANO BEACH, FL 33069 AlTN: BRIAN A. WALSH AlTN: ROBERT B. MILLER AlTN: JOHN 01 POMPEO JR. PH: (407) 829-2257 PH: (954) 596-2411 PH: (954) 917-5252 FAX: (407) 829-2258 FAX: 954) 480-6249 FAX: 954 974-4646 ONE ORIGINAL AND FOUR COPIES SUBMllTED YES YES YES STATEMENT OF QUAL/FICA TIONS YES YES YES ANTI-KICKBACK AFFIDAVIT YES YES YES NON COLLUSION AFFADAVIT YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS YES/NOT A YES/NOT A YES/NOT A MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE YES YES YES SCHEDULE OF SUBCONTRACTORS SUBMllTED YES/NA YES/NA 1. YES COMMENTS REQUEST FOR QUALIFICATIONS OF GENERAL CONTRACTORS FOR THE DEVELOPMENT/ SHEET 2 CONSTRUCTION OF CONGRESS AVENUE PARK RFQ: PRE QUALIFICATION OF GENERAL CONTRACTORS FOR THE CONGRESS AVE. PARK .Offers 'from the vendors listed herein are the only offers RFO DUE DATE: APRIL 29,2008 received timely as of the above receiving date and time. RFO DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation. RFQ # 041-2730-08/JA if any. are hereby rejected as late" VENDORS H.A. CONTRACTING CORP. HOMESTEAD CONCRETE & DRAINAGE, INC. JMW CONSTRUCTION CORP. 9500 NW. 12TH ST. BAY 1 221 SW. 4TH AVE. 4163 ARTESA DR. MIAMI, FL 33172 HOMESTEAD, FL 33030 BOYNTON BEACH, FL 33436 ATIN: HENRY ANGELO III ATIN: ALFREDO CORDERO ATIN: JOHN WilLIE PH: (305) 591-9212 PH: (305) 248-9649 PH: (561) 752-0480 FAX: (305 591-9630 FAX: 305 248-9650 FAX: 561) 752-0481 ONE ORIGINAL AND FOUR COPIES SUBMITIED YES ORIGINAL ONLY YES STATEMENT OF QUALIFICATIONS YES YES YES ANTI-KICKBACK AFFIDAVIT YES YES YES NON COLLUSION AFFADAVIT YES YES YES - ~_.. .".~--~.~--_.. -_._.~---~-- CONFIRMATION OF MINORITY OWNED BUSINESS YES/NOT A YES/CERTIFIED WITH YES/NOT A MINORITY OWNED BUSINESS DADE, BROWARD, FOOT & SFWMD MINORITY OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE YES YES YES SCHEDULE OF SUBCONTRACTORS SUBMITIED YES/NA YES NOT SUBMITIED -- COMMENTS ~ ... ---_._-.----- -----'~ --._.,_._------~--,--_._-- REQUESr FOR QUALIFICATIONS OF GENERAL CONTRACTORS FOR THE DEVELOPMENT/ CONSTRUCTION OF cm '=:SS AVENUE PARK :.;fIFFi RFQ: PRE QUALIFICATION OF GENERAL CONTRACTORS FOR THE CONGRESS AVE, PARK "Offers from the vendors listed herein are the only offers RFQ DUE DATE: APRIL 29, 2008 received timely as of the above receiving date and time. RFQ DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, RFQ # 041-2730-08/JA if any, are hereby rejected as late' ~ ~ ~ VENDORS MCCABE BROTHERS CONST. INC. OCEAN GATE GENERAL CONTRA TORS PHILLIPS & JORDAN, INC. , 2559 WEBB AVE. #3 2854 S.E. FEDERAL HIGHWAY 191 P & J ROAD DELRA Y BEACH, FL 33444 STUART, FL 34994 ROBBINSVILLE, N.C. 28771 ATTN: ERIC MCCABE ATTN: MARK MACDONALD ATTN: JONATHAN MCGUIRE PH: (561) 278-0404 PH: (772) 283-6744 PH: (828) 479-3371 FAX: (561) 278-0409 FAX:(772)283~1538 FAX: (828) 479-3010 ONE ORIGINAL AND FOUR COPIES SUBMITTED YES YES ORIGINAL ONL Y STATEMENT OF QUALIFICATIONS YES YES NOT SUBMITTED ANTI-KICKBACK AFFIDAVIT YES YES NOT SUBMITTED NON COLLUSION AFFADAVIT YES YES NOT SUBMITTED CONFIRMATION OF MINORITY OWNED : BUSINESS YES/NOT A YES/NOT A NOT SUBMITTED MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS CONFIRMATION OF DRUG FREE i WORKPLACE YES i YES NOT SUBMITTED SCHEDULE OF SUBCONTRACTORS SUBMITTED YES YES NOT SUBMITTED COMMENTS REQUEST FOR QUALlFICATIOS OF GENERAL CONTRACTORS FOR THE DEVELOPMENT! CONSTRUCTION OF CONGRESS AVENUE PARK SHEET 4 RFQ: PRE QUALIFICATION OF GENERAL CONTRACTORS FOR THE CONGRESS AVE. PARK "Offers from the vendors listed herein are the only offers RFQ DUE DATE: APRIL 29,2008 received timely as of the above receiving date and time. RFQ DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, RFQ # 041-2730-08/JA ~y, are};J.ebY rej~d as ~ ~ VENDORS SOLUTION CONSTRUCTION, INC. WEST CONSTUCTION, INC. 7955 NW. 12TH STREET STE 425 318 S. DIXIE HIGHWAY, STE 4-5 DORAL, FL 33126 LAKE WORTH, FL 33460 ATTN: ANDRES CORREA ATTN: MARTHAA. MORGAN PH:(786) 621-8550 PH:(561) 588-2027 FAX: (786) 524-0775 FAX: (561) 582-9419 ONE ORIGINAL AND FOUR COPIES SUBMITTED YES YES STATEMENT OF QUALIFICATIONS YES YES ANTI-KICKBACK AFFIDAVIT YES YES NON COLLUSION AFFADAVIT YES YES .---- 1-.- - --~ -_._~- CONFIRMATION OF MINORITY OWNED BUSINESS YESIYES HISPANIC YESIYES WOMEN MIAMI-DADE COUNTY PALM BEACH COUNTY, FL - ---- CONFIRMATION OF DRUG FREE WORKPLACE YES YES SCHEDULE OF SUBCONTRACTORS SUBMITTED YES/NA YESI TO BE DETERMINED .-- --- -. .~.._._..~.,"~-"._.~-----~- COMMENTS L-___________._.,..___ - ________,_.~.._.___, -- .--- ...-.-J __.______. ______.._______. U"__ _.__,,_ __ __.....J REQUES-j fOR QUALIFICATIONS OF GENERAL CONTRACTORS FOR THE DEVELOPMENT/ SHEEl 5 CONSTRUCTION OF CONGRESS AVENUE PARK IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM C.3 AGENDA ITEM REQUEST FORn'l Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J August 19, 2008 August 4,2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 16, 2008 September 2, 2008 (Noon) D November 18,2008 November 3, 2008 (Noon) D October 7, 2008 September 15,2008 (Noon) D December 2, 2008 November 17,2008 (Noon) D Announcements/Presentati ons [8J City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorization to enter into an agreement with the State Department of Environmental Protection in furtherance of an approved outdoor recreation project. EXPLANATION: The Recreation and Parks Department has been awarded a $135,611 Florida Recreation Development Assistance Program (FRDAP) grant to develop the Congress Avenue Community Park property. The FRDAP grant will provide matching funds (up to $135,611) for the Phase I development of this land. This includes a playground, picnic area, trails, restroom, landscaping, and other related support facilities. The City will have until April 30, 2011 to complete the project. PROGRAM IMPACT: This park will provide an exciting, inspiring and accessible playground and park for adults and children of all abilities to enjoy. The entire park will be completely barrier-free so people of all abilities and disabilities can have access to all park amenities and features. Children with and without challenges can play together. Parents and grandparents with physical limitations can bring their children and grandchildren to the park and enjoy the amenities together. FISCAL IMPACT: The City will receive a $135,611 grant through FRDAP. The Department of Environmental Protection requires a 50% cash match from the City of Boynton Beach. There is $2,900,000 budgeted for park development in the adopted Capital Improvements Plan for FY2007/08 (Account# 302-4298-580-63-05). City Manager's Signature ~ssistant to City Manager ~ Recreation & Parks '. '.(-:-~ Department Name City Attorney / Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE MAYOR AND CITY 5 CLERK TO ENTER INTO A PROJECT AGREEMENT !I WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION FOR FUNDING TOW ARDS DEVELOPMENT OF CONGRESS A VENUE 9 COMMUNITY PARK; AND PROVIDING AN EFFECTIVE 10 DATE. 11 I 12 I WHEREAS, the City of Boynton Beach has been awarded a matching grant of$] 35,6] ] .O(l 13 through the State Department of Environmental Protection to further develop Congress A venue 14 Community Park: and I 15 WHEREAS, this grant will provide matching funds, up to $135,611.00 for the Phase I 16 development of this land which includes a playground, picnic area, trails, restroom, landscaping 17 and other related support facilities; and 18 WHEREAS, upon execution of the Project Agreement, the City will have until April 30. 19 20] I to complete the outdoor recreation project; and 20 WHEREAS, the Florida Department of Environmental Protection administers FRDAP; and 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 22 CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 24 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the 26 Mayor and City Clerk to execute the Florida Department of Environmental Protection 2008/0Lj 27 Project Agreement for a grant in the amount of$135,6] ] .00 for the Congress A venue l'nl11l11unit:- 28 Park Project. S'\CA\RESOlAgreements\Grants\Congress Avenue Park - FRDAP Grant Agmtdoc I i I I , . 1 Section 3. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this _ day of August, 2008. 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor - Jerry Taylor 9 10 11 Vice Mayor - Jose Rodriguez 12 13 14 Commissioner - Ronald Weiland 15 16 17 Commissioner - Woodrow L. Hay 18 19 20 Commissioner - Marlene Ross 21 ATTEST: 22 23 24 Janet M. Prainito, CMC 25 City Clerk 26 27 28 (Corporate Seal) S:\CA\RESOlAgreements\Grants\Congress Avenue Park - FRDAP Grant Agmt.doc I I DEP Agreement No. A9012 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2008-09) - Development This PROJECT AGREEMENT is made and entered into this day of DO NOT DATE , 2008, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF BOYNTON BEACH, hereinafter called the GRANTEE, a local government in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes; and chapter 620-5, Part V, Florida Administrative Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall apply to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Congress Avenue Community Park (Florida Recreation Development Assistance Program (FRDAP), FRDAP Project Number A09012), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Commencement Documentation Checklist, DEP Form FPS-A034. 3. All forms referenced in this PROJECT AGREEMENT may be found at www.dep.state.fl.us/parks/oirs. Further, the GRANTEE will also receive all DEP Agreement No. A9012, Page 1 of 10 DEP 55-231 (06/08) applicable forms for administration of project with GRANTEE'S copy of the fully executed PROJECT AGREEMENT. 4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS: Playground, picnic area, trails, restroom, landscaping and other related support facilities, as identified in the GRANTEE'S approved Grant Application. These PROJECT ELEMENTS may be modified by the DEPARTMENT if the GRANTEE shows good cause and the DEPARTMENT approves the modification. PROJECT planning expenses cannot exceed 15% of the PROJECT cost to be eligible for reimbursement. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $135,611.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $135,611.00 50% GRANTEE Match: $135,611.00 50% Type of Match: Cash/In-Kind Services and/or Land Value If the total cost of the PROJECT exceeds the grant amount and the required match, the GRANTEE must pay the excess cost. 6. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the final request, the DEPARTMENT'S Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Checklist, FPS-A036, referenced in s. 62D-5.058(Z)(g) of the RULE, the DEPARTMENT will approve the request for payment. 7. In addition to the invoicing requirements contained in the paragraph above, the DEPARTMENT will periodically request proof of a transaction (such as invoice or payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines). When requested, this information must be provided within thirty (30) calendar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expend itu res at http://www.fldfs.com/aadir/reference%5Fquide, which GRANTEE shall follow. DEP Agreement No. A9012, Page 2 of 10 DEP 55-231 (06/08) 8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Financial Reporting Procedures, formerly known as the Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein. A copy of this PROCEDURE has been provided with this PROJECT AGREEMENT and may also be found at htlp://www.dep.state.fl.us/parks/oirs. All pu rchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP funds disbursed for the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 10. It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT. 11. The State of Florida's performance and obligation to pay under this PROJECT AGREEMENT is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this PROJECT AGREEMENT is not a commitment of future appropriations. 12. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. DEP Agreement No. A9012, Page 3 of 10 DEP 55-231 (06/08) 14. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program, Commencement Documentation Checklist, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the docu mentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development. 15. The GRANTEE shall obtain all required local, state and federal permits and approvals prior to completion of the PROJECT construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE. 16. This PROJECT AGREEMENT shall become effective upon execution by both parties and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before April 30. 2011 (hereinafter referred to as the PROJECT completion date). Within 30 days from this date, all payment requests and completion documentation will be due to the DEPARTMENT. 17. Project completion means the PROJECT is open and available for use by the public. PROJECT must be designated complete prior to release of final reimbursement. See Rule 620-5.054(41). Ten (10) percent of the total grant amount will be held until Completion Documents have been received and approved by the Department 18. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this PROJECT AGREEMENT in accordance with generally accepted accounting principles consistently applied, including the PROCEDURE. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this PROJECT AGREEMENT and for five years following PROJECT AGREEMENT completion or resolution of any dispute arising under this PROJECT AGREEMENT. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 19. A. In addition to the requirements of the preceding paragraph, the GRANTEE shall comply with the applicable provisions contained in Attachment 1 Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment 1summarizes the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1 A revised copy of Exhibit 1 must be provided to the GRANTEE for each amendment which authorizes a funding increase or decrease. If the GRANTEE fails to receive a revised copy of Exhibit 1, the GRANTEE shall notify the DEPARTMENT'S Grant Manager to request a copy of the updated information. DEP Agreement No. A9012, Page 4 of 10 DEP 55-231 (06/08) B. The GRANTEE is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this PROJECT AGREEMENT. The GRANTEE shall consider the type of financial assistance (federal and/or state) identified in Attachment 1, Exhibit 1 when making its determination. For federal financial assistance, the GRANTEE shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the GRANTEE shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: httDS:/ /a DDS. fldfs. com/fsaa The GRANTEE should confer with its chief financial officer, audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of the final reimbursement due the DEPARTMENT. 21. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 22. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this PROJECT AGREEMENT is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. DEP Agreement No. A9012, Page 5 of 10 DEP 55-231 (06/08) 23. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 24. The purchase of non-expendable equipment is not authorized under the terms of this PROJECT AGREEMENT. 25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT'S Grant Manager shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Grant Manager, identified in paragraph 26, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed Project Status Reports, every January 5th, May 5th, and September 5th of each year summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 26. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by certified mail to the parties at the following addresses: GRANTEE'S Grant Manager DEPARTMENT'S Grant Manager Mr. Wally Majors Tamika Bass Director Florida Department of Environmental 100 East Boynton Beach Protection Boulevard 3900 Commonwealth Blvd., MS585 Boynton Beach, FL 33425 Tallahassee, Florida 32399-3000 27. The GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. The sign must be made of appropriate materials, which will be durable for a minimum of twenty-five (25) years after the PROJECT is complete. The sign must be installed on the PROJECT site and approved by the DEPARTMENT before the final reimbursement request is processed. 28. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 29. This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE DEP Agreement No. A9012, Page 6 of 10 DEP 55-231 (06/08) in conjunction with this PROJECT AGREEMENT unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07, Florida Statutes. 30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any time in the event of the failure of the GRANTEE to fulfill any of its obligations under this PROJECT AGREEMENT. Prior to termination, the DEPARTMENT shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the GRANTEE an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. B. The DEPARTMENT may terminate this PROJECT AGREEMENT after three years if the Governor does not approve certification forward of the PROJECT funds. 31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT. 32. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 33. The GRANTEE may subcontract work under this PROJECT AGREEMENT without the prior written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the su bco ntra ct. 34. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the DEP Agreement No. A9012, Page 7 of 10 DEP 55-231 (06/08) completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 35. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in termination of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing under Paragraph 26 of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in termination of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 31 . 36. In the event of conflict in the provisions of the RULE, the PROJECT AGREEMENT and the Project Application, the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents. 37. If the DEPARTMENT determines that site control is not sufficient under the RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 31. 38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 39. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list which may be found at DEP Agreement No. A9012, Page 8 of 10 DEP 55-231 (06/08) http://dms.mvflorida.com/business operations/state purchasinq/vendor i nformation/convicted suspended discriminatory complaints vendor lists /discriminatory vendor list. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 40. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. 41. The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 42. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT. 45. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing, in the form of an Amendment duly executed by each of the parties hereto, and attached to the original of this PROJECT AGREEMENT. DEP Agreement No. A9012, Page 9 of 10 DEP 55-231 (06/08) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written above. STATE OF FLORIDA DEPARTMENT CITY OF BOYNTON BEACH OF ENVIRONMENTAL PROTECTION By: DO NOT SIGN By: Division Director (or Designee) Printed Name: Ku I+- 'B~~-:.."e r Division of Recreation and Parks Title: Ci+y M'lvv-lljet"". 6o.ft\.f1r,\.&~/ft.. DO NOT DATE Date Date Address: Address: Office of Information and Recreation 100 East Boynton Beach Boulevard Services Boynton Beach, FL 33425 Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 ~~44-- Grantee Attorney DEP Grant Manager Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 12, 2008 for use for one year. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment -.L Special Audit Requirements (5 Paqes) DEP Agreement No. A9012, Page 10 of 10 DEP 55-231 (06/08) A TT ACHMK\T 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection {which may he referred /(! as the "Department". "DEP". "FDEP" or "Grantor". or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor". Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., a" revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OYrB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AL'DITS P ART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-I.;;. as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance \vith the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal yeaL an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the recipiem expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordan':l' with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities ). 4. The recipient may access infonnation regarding the Catalog of Federal Domestic Assistance (CFDA! \ lel the internet at http://12.46.245.173/cfda/cfda.htmJ. DEP 55-215 (o2iO: ) DEP Agreement No. A9012, Attachment 1, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state [mancial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state [mancial assistance, including state [mancial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state [mancial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state [mancial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should access the Florida Single Audit Act web site located at https://apps.fldfs.comlfsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/W e Icomelindex.cfm, State of Florida's website at http://www.myflorida.coml, Department of Financial Services' Website at ht1p://www.fldfs.coml and the Auditor General's Website at htto://www.state.fl.us/audgen. PART III: OTHER AUDIT REQillREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 2J 5.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97. Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (02/07) DEP Agreement No. A9012, Attachment 1, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number or copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, ll\ 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (fl. OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submlt a copy of the reporting package described in Section .320( c), OMB Circular A-133, as revised. and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 ~ Copies of financial reporting packages required by PART II of this Attachment shall be submitted by ()]' 01] -' . behalf ofthe recipient ~ to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 DEP 55-215 (02I07) DEP Agreement No. A9012, Attachment 1, Page 3 of 5 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting [mancial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the tenns of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLMTK DE? 55-215 (02/07) DEP Agreement No. A9012, Attachment 1, Page 4 of 5 EXHI BIT - 1 FUNDS A \V ARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recil}ient Pursuant to this A~reelllent Consist of the Followin!!,: Federal State Program l'FD A Appropriation Number I'ederal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A!!,reelllent Consist of the }'ollowiu!!, Matchin!!, Resources for Federal Pro!!,rams: Federal State Program Appropriation Number Federal Agency ('FDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A~reelllent Consist of the Followin~ Resources Sub.ieet to Section 215.97, F.8.: State CSFA Title State Program State CSFA or Appropriation Number hmding Source Fiscal Year Number Funding Source Description Funding Amount Category A9012 Florida Forever FY2008-2009 .nol7 Florida Recreation Development $ 135,6] 1.00 140002 Assistance Program -- -_.--- I rota I A ward L_________ ___~ "'~if,ll"i.$1~5f617EOO I I --.---.--..-,.--.".---- ~ _._--_.,,-_.._-_._,.~._-- -- For each program identified above, the recipIent shall comply with the program re4uirements described in the Catalog of Federal Domestic Assistance l CFDA) [http: 12.46.24.'-.173efda,ctua.htmlj and/or the ]<'Jorida Catalog of State Financial Assistance (CSrA) I https://apps.fldfs.com/fsaa/searehCatalog.aspxJ. The c;erviccs/purposes lill whieh the funds are to be used are included in the Contract scope of services/work. Any match re4uired by the recipient is clearly indicated in the ('ontract. I H' I' 'i'i-c J 'i (lIcill'7i DEr 1reement No. A9012, Attachment 1, Page 5 of 5 XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM B.1 AGENDA ITEM REQUEST FORh. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J August 19, 2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) ("") <::) ~.::; CO o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon):bo :::;-< a:s -<0 o November 18, 2008 ('"')-" o September 16, 2008 September 2, 2008 (Noon) November 3, 2008 (Noon)' r-a;, .&- f"T10 ;::0 .. o October 7, 2008 o December 2, 2008 ;,:x:-':;, September 15, 2008 (Noon) November 17,2008 (N<RlO) .:Z:: :x cn-.; 00 c..,) ..,,::.: .. .." CX7 0 Announcements/Presentations 0 City Manager's Report <:;) -,,.,, - ("');:> NATURE OF 0 Administrative 0 New Business "'n :J;: AGENDA ITEM 0 Consent Agenda [8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the August 19, 2008 City Commission Agenda under Legal, Ordinance - Second Reading. On April 15, 2008, the City Commission approved this item for transmittal to the Florida Department of Community Affairs (DCA). The request was reviewed by DCA and is now ready for ordinance adoption. For the City's response to the state's Objections, Recommendations and Comments report, please see the attached document. EXPLANATION: PROJECT: EAR-based Comprehensive Plan Amendments AGENT: City-initiated DESCRIPTION: Request to adopt Evaluation and Appraisal Report (EAR)-based amendments to the Comprehensive Plan to update the goals, objectives and policies and the Future Land Use Map. PROGRAM IMPACT: FISCAL IMP ACT: AL TERNA TIVES: ~ City Manager's Signature Assistant to City Manager ~ City Attorney / Finance S.\Plannmg\HUDSON\EAR Amendments\Agenda Item Request Ear-based Compreh.Plan Amend 8-19-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC I 1 ORDINANCE NO. 08-007 ! " -' 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING THE CITY'S COMPREHENSIVE PLAN TO 6 IMPLEMENT THE 2008 EV ALUA TION AND APPRAISAL REPORT; 7 PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE 8 ELEMENT, TRANSPORTATION ELEMENT, UTILITIES ELEMENT; 9 CONSERVATION ELEMENT; RECREA TION AND OPEN SP ACE 10 ELEMENT; HOUSING ELEMENT; COASTAL MANAGEMENT 11 ELEMENT; AND INTERGOVERNMENTAL COORDINA TION 12 ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR 13 ADOPTION OF A REVISED FUTURE LAND USE MAP; PROVIDING 14 DIRECTION FOR TRANS MITT AL OF THE PROPOSED 15 COMPREHENSIVE PLAN AMENDMENTS TO THE DEPARTMENT 16 OF COMMUNITY AFF AIRS; PROVIDING FOR CONFLICTS, 17 SEVERABILITY AND AN EFFECTIVE DATE. 18 19 WHEREAS, Section 163.3167(2), Florida Statutes, requires that each local government 20 prepare a Comprehensive Plan in compliance with the Local Government Comprehensive 21 Planning and Land Development Act as amended; and 22 WHEREAS, Section 163.3191. F.S.. further provides that each local government shall )" adopt an Evaluation and Appraisal Report (hereinafter referred to as "EAR") every seven (7) --' 24 years assessing the progress in implementing the local government's comprehensive plan; and 25 WHEREAS, Section 163.3184(15). F.S.. requires that the Comprehensive Plan be 26 adopted by the governing body of the local government by Ordinance; and 27 WHEREAS, Section 163.3177. F.S.. and the applicable provisions of Chapter 9.1-5. 28 Florida Administrative Code, requires that the Local Government Comprehensive Plan shall 29 consist of goals, objectives and policies. procedures for monitoring and evaluation of the local 30 plan, requirements for capital improvements. implementation and required maps; and Page I of 5 ),,((,':\\J'_:~)J\b2U\j!}G(:hS~(1(/Q\t,.\fL_J\n~!1Q!m:J1l~ ~()(lQ:2 all1.Clld~;J_ I ~l rl:ad mg. d_ocl 1- q Ql)b'i:ni:H~:2:H1H:-1j{1)'k,:\g - ! \m~ndm~H\ ,-- 21 )ll~- 2.;J()G!:;'\(:'A,nrdmanl'e,,'bAR-i\mendnletlb-2l!Og-2-~I{w 1 WHEREAS, the City Commission adopted an EAR in December 2006 which was 2 approved by the Florida DCA on February 16,2007; and 3 WHEREAS, pursuant to Chapter 163, F.S., the City has eighteen (18) months after the 4 adoption of a new EAR to incorporate the EAR-based amendments into the City's 5 Comprehensive Plan; and 6 WHEREAS, on March 25, 2008, the Planning and Zoning Board voted to recommend 7 approval of the proposed EAR amendments to the City Commission and the Department of 8 Community Affairs, pursuant to Ch. 163, F.S., with a favorable recommendation; and 9 WHEREAS, on April 15, 2008 the City Commission passed a motion to transmit the 10 City's proposed Comprehensive Plan Amendments to the Department of Community Affairs 11 for review; and 12 WHEREAS, the Department of Community Affairs completed their review, and 13 identified their objections, recommendations and comments in their report and correspondence; 14 and 15 WHEREAS, City Staff addressed all of the Department of Community Affairs' 16 objections, recommendations and comments in the proposed amended Comprehensive Plan and 17 recommends the approval of the proposed amendments to the City's Comprehensive Plan; and 18 .\Y11 LR1~-,-'b~_lh~.~~LIL~111Jlmi.~~sim:Lc(ln s islet~~(L and ~l~~~pl t:~LJb~_1'CC0XJ_11Il cnQ(lt~Ql1'i... (I f 19 the Cii\'~ PJannin~ and Dc\ elopment Board re~a.rdin::.:! the \/loJeralt' and 1.0\\ Densil Y 20 I\.,:::sids:ntial_cIem_<;"1JJs (!f the Plal:!.: I I Added by amendment on first reading of ordinance. Page 2 of5 )j(:C:\WP\QRDlN f\tJ..c:.bS':'-f_QQi\.:J!:AJL_AllleIHklJ~mL1DQ3.:L_'lIJl,.mJs.~.L1ELr<':iKIjng,,\i(1gH\!:92i~1~H:hGl.I~H\!;:6:B==Af!}~J}ili~IJI~=::~(jOl\: ;!:g(t\?c<;"'b'\\Gr~inal1Ce-5\[Atb-'\tlleHdlll<Jfll,,-M484{kl€ I 1 WHEREAS, the City Commission deems it to be in the best interests of the citizens 2 and residents of the City to incorporate the EAR-based amendments into the City's "\ Comprehensive Plan. -' 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct 8 and incorporated herein by this reference. 9 Section 2. In order to comply with the provisions of Chapter 163. Florida Statutes. 10 the City Commission hereby amends the City's Comprehensive Plan as indicated in the 11 adopted Evaluation and Appraisal Report 12 1 ;'i... '!"/" .",j \.,. \l! l\" 1 \ \~\ '.L}",,,~r.H,.: 1 'Ii";' : I j \L~ 'I ~_ . i i j i ' _ .1 , , c 13 2 The proposed amendments '~' _\ .\.: :~~ ...,,: :.1.<>, ",.'!, , -- ^ -.-.. , ' . 14 ,3 to the City's Comprehensive Plan are attached hereto as Exhibit "A" 15 and incorporated herein. The amendments delineate changes to the Future Land Use Element. 16 Transportation Element, Utilities Element, Conservation Element, Recreation and Open Space 17 Element Housing Element Coastal Management Element, and Inter-Governmental 18 Coordination Element and the Future Land Use Map. 19 Section 3. The City Commission hereby certifies that it shall and will conduct such 20 public hearings as may be required pursuant to Chapter 163, Florida Statutes. as amended. in 2 Added by amendment on first reading of ordinance. 3 Added by amendment on first reading of ordinance. Page 3 of 5 <, \C(,\\:J''DRLlINAl'J~:E;2Jl)(l3.~i;.{l,fC,'\!l1~I),Im~I)l,' 2110X,2.. dl)1m~~d. I Sl .. readll]glloclJ\J<+9o:'fll(11:X,,2Jm\(.!ju.H.'7'\F,AIl-W'kimem.,, :?jl\l~. ,2::t100s,:.c:.i\:,Ordlltanl'-eyL-AR/\mendmeltl'o-.200l\-2d''E 1 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 2 conduct and publish same, as provided by general law. .., Section 4. The City Commission hereby authorizes the appropriate City officials to -' 4 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan, 5 as amended herein, to the State of Florida Department of Community Affairs and to any other 6 governmental agency having jurisdiction with regard to the approval of same in accordance 7 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan 8 Amendments available for public review and examination at Boynton Beach City Hall. 9 Section 5. If any clause, section or other part of this Ordinance shall be held by any 10 court of competent jurisdiction to be unconstitutional or invalid, such ~nconstitutional or 11 invalid part shall be considered as eliminated and in no way affecting the validity of the other 12 provisions of this Ordinance. 13 Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of 14 Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such 15 conflict. 16 Section 7. This Ordinance shall become effective upon its passage and adoption. 17 FIRST READING this 15th day of April, 2008. 18 SECOND, FINAL READING AND PASSAGE this _ day of ,2008. Page 4 of5 ;:;,~rC~P\()lmLI'i.ANCES\2()08\EAR Amen_dments 2QQ_0L.illllend~iLl~t reading.dQs;f~:' I C}'~~0182.I3I3'OJ.ill~~ ~c#s~S"(;i"'~~f{~inaf\c<!~\EAR..-\lH<!ndnl<\n\S2q(#-2-4c\Q 1 2 CITY OF BOYNTON BEACH. FLORIDA 3 4 5 Mayor - Jerry Taylor 6 7 - 8 Vice Mayor - Jose Rodriguez 9 10 11 Commissioner - Ronald Weiland 12 13 14 Commissioner - Woodrow L. Hay 15 16 17 Commissioner - Marlene Ross 18 ATTEST: 19 I 20 I 21 Janet M. Prainito. CMC I II City Clerk j" --' 24 25 (Corporate Seal) 26 Page 5 of 5 <; '(-('\\J':()'ZL)J"~/10('["S2(11)0j.;,:\I\... ,'llllellJm,J1l' 21111~-2 'II nt'lI cbl. 1,1 rc:adlllgJ()cl I 'I \)l,Il"CJII(Ji~21m,1 JRJ J.!"\IZ '-\I1h.'ndH1t"IH-~ 2~j~;)o~- 2{!, ",,<., .(-AA: Ird mane"', d,A i{.."'\H1.mJIHc'H I' 21 log- 2 d.., THE CITY OF BOYNTON BEACH RESPONSE TO O. R. C. REPORT I. CONSISTENCY WITH RULE CHAPTER 9J-5, F.A.C., AND CHAPTER 163, F.S Proposed Text Amendments The Future Land Use Element (FLUE) and Coastal Management Element (CME) are proposed to be revised to include the following new policies: . FLUE Policy 1.11.2 prohibits the City from approving any increases in hotel/motel and residential densities in the Coastal High Hazard Area (CHHA) that would increase evacuation times above the adopted level of service for out-of-county hurricane evacuation for a category 5 storm event as measured on the Saffir-Simpson scale. . CME Policy 7.8.2 prohibits the City from approving any increases in hotel/motel and residential densities in the CHHA that would increase evacuation times above the adopted level of service for out-of-county hurricane evacuation for a category 5 storm event as measured on the Saffir- Simpson scale. OBJECTION: a. Objection: Internal Inconsistency--The Future Land Use and Coastal Management Policies 1.11.2 and 7.8.2, respectively reference an adopted level of service standard for an out-of-county hurricane evacuation time, but the City does not have a standard established in its comprehensive plan. Authority: Sections l63.3177(2).(9)(b), and 163.3178(2) and (9)(a), F.S., and Rule 9J-5.005(5) and 9J- 5.012(2)(e), F.A.C. Recommendations: If the City intends to adopt a hurricane evacuation time that is different from the hurricane evacuation times established in Section 163 .3178(9)(a), F.S., then the City needs to establish and adopt an out-of-county hurricane evacuation time, based upon appropriate data and analysis to ensure the safe evacuation ofthe City's residents out-of-county during a category 5 hurricane. The City may rely on the out-of-county evacuation time of 16 hours for a category 5 storm event as measured on the Saffir- Simpson scale as provided in Section 163.3148(9)(a), F.S. If the latter is chosen, then the policies would need to be revised to delete the word "adopted" so that it is clear that the level of service standard that does not refer to a standard adopted in the comprehensive plan. CITY'S RESPONSE: The City will rely on the out-of-county evacuation time of 16 hours for a category 5 storm event as measured on the Saffir Simpson scale as provided in Section 163.3148(9)(a), F. S. as recommended. Policy language has been changed accordingly: Future Land Use Element "Policy 1.11.2 The City shall not approve any increases in hotel! motel and residential densities in the Coastal ~rea that would increase evacuation times above the level of service for out-of- county ~ur~icane evacuj red on the Saffu-Slmpson scale. . . . ., ,.,.. ," ,,,,,.,,,,,.,,.,..,,.,......, ...^'.. '. c. .",. ,.,. ,., and, Coastal Management Element "Policy 7.8.2 The City shall not approve any increases in hotel/ motel and residential densitie~ in. the Coastal ~rea that w~uld increase evacuation times above the. .., level of serVIce for out-of- county ~ur~icane evacul red on the Saffu-SImpson scale.. . , . b. Objection: Roadway Level of Service Standard--Interstate 95 (1-95) is a Strategic Intermodal System (SIS) facility and the connector from 1-95 to Gateway Boulevard to High Ridge Road to the entrance of the Boynton Beach Tri-Rail Station hub is a SIS connector. The appropriate level of service (LOS) standards for these SIS facilities have not been established within the goals, objectives. and policies section of the City's comprehensive plan for the3 subject roadway facility. Transportation Element Objective 2.1 specifies a LOS standard of "D" for 1-95. According to the Florida Department of Transportation, LOS standard of "E" is the appropriate standard because of the parallel Tri-Rail transit facility. The appropriate level of service standard for the connector from 1-95 to the Tri-Rail Station is lo'D". Authority: Sections 163.3177(3)(a)3, 163.3180(10). F.S.: Rules 9J-5.016(3)(c)4, and 9J-5.019(4)(b)3 and (c)l, F.A.C. Recommendation: Revise Objective 2.1 and the appropriate objective or policy in the Capital Improvements Element to establish a LOS standard of"E" for that portion ofI-95 that runs through the City and establish a LOS of "D" for the 1-95 to Gateway Boulevard to High Ridge Road to the entrance of the Boynton Beach Tri-Rail Station. CITY'S RESPONSE: A LOS standard of "E" for that portion of 1-95 that runs through the City has been added to Transportation Element Objective 2.1. Language has also been amended to identify the segment of roadway from 1-95 to Gateway Boulevard to High Ridge road to the entrance of the Boynton Beach Tri-Rail Station as a facility with a LOS of "D". Currently, Gateway Boulevard (identified in the Plan as "NW 22nd Avenue") between 1-95 and Congress Avenue has a LOS standard of "D" . "Objective 2.1 The City shall continue to provide a motor vehicle transportation network based on the following minimum level of service standards, except within the transportation concurrency exception area (TCEA) and designated constrained roadways at a lower level of service (CRALLS): . Level of Service "D" or better and peak hour conditions on all unspecified City and collector highway facilities. . Level of Service "D" for peak season peak hour conditions on all unspecified arterial facilities. . Level of Service liD" for _ Boynton Beach Boulevard from Old Boynton Road to 1-95, _ between Con ess Avenue and 1-95, Beach Boulevard and Boynton Beach Boulevard east of 1-95. . and, Capital Improvements Element: "Policy 9.2.6 The availability of public facilities shall be determined and measured for the required public facility types using the following Level of Service (LOS) standards: .. . The city shall provide a motor vehicle transportation network based on the following minimum level of service standards, except within the transportation concurrency exception area (TCEA) and designated constrained roadways at a lower level of service (CRALLS): . Level of Service "D" or better for peak hour conditions on all unspecified City local and collector highway facilities. . Level of Service liD" for peak season peak hour conditions on all unspecified arterial facilities. . Level of Service "D" for from Old Boynton Road to 1-95, between Con ess Avenue and 1-95, . Level of Service "Maintain" for all facilities that have been identified as Backlogged and Constrained (where Level of Service standards have been exceeded), except within TCEA and CRALLS." Please note: The Capital Improvements Element, as adopted on January 2,2008, was included with the EAR-based amendments for informational purposes only. The required text amendments to Policy 9.2.6, cited above, will not be included with the adoption of the EAR- based amendments, but will be included with the annual CIE update, which is scheduled for final adoption in November 2008. c. Objection: Transportation Data and Analysis--- The City has not updated the Transportation Element data and analysis to evaluate the roadway improvements that will be needed in the next five years and for the longer time period established in the comprehensive plan, including long-term transportation improvements identified in the 2030 Long Range Transportation Plan for the Palm Beach Metropolitan Planning Organization. Authority: Sections 163.3164(32), 163.3177(3), 163.3177(6)(b), 173.3177(6)(j), F.S.; Rules 9J-5.005(2) and (4), 9J-5.016(1), (2), (3)(b)l, 3,4,5, (c)6, 8; and 9J-5.019(2), (3), (4)(b)2, 3, (c)7, II, 13, and (5). F.A.C. Recommendation: Revise the Transportation Element data and analysis to include an updated evaluation of the roadway improvements that will be needed in the next five years and for the longer tIme period established in the comprehensive plan, and include the long-term transportation improvements identified in the 2030 Long Range Transportation Plan for the Palm Beach Metropolitan Planning Organization. Revise the Capital Improvements Element to include any identified transportation facility improvements that will be needed in the next five years in a financially feasible Five-Year Schedule of Capital Improvements. CITY'S RESPONSE: The Evaluation and Appraisal report did not include recommendations for amendments to the City's Transportation Element. The proposed changes to the Planned Development Thresholds table for TCEA (and the related Policy 2.1.10) reflect the amendments to the Palm Beach County Comprehensive Plan as adopted December 18, 2007. The changes pertain to the residential! office and residential! other non-residential development ratios (the original numbers were found deficient). The last (extensive) data analysis for the Transportation Element was performed in 2005; it accompanied the establishment of the Transportation Concurrency Exception Area (TCEA). The other City's "Special Transportation Area", Constrained Roadways at a Lower Level of Service (CRALLS), was also established in 2005 - the analysis supporting the establishment of CRALLS was provided as part of the Palm Beach County Comprehensive Plan amendment. The City has no major roadway improvement plan. Most roadway work shown in the 5- Year Capital Improvements Schedule concentrates on surface maintenance (the 2008 CIS update will be transmitted to the Department in the second round of the 2008 amendments). The CIS includes the Palm Beach County's projects with impact on road capacity within the City's boundaries as well as privately financed CRALLS mitigation projects. Further, there are no long-term road improvements within the City's boundaries as confirmed by the 2030 Long Range Transportation Plan for the Palm Beach Metropolitan Planning Organization. The City has been awarded MPO grants for bikepath construction in the Palmetto Greens Park and landscaping for a multi use path in Barton Memorial Park Green; both grants are reflected in 2007 CIS. COMMENTS a. A function of the Southeast Florida Transportation Council (SEFTC) is to identify regionally significant transportation facilities that could be eligible for Transportation Regional Incentive Program (TRIP) funds. Boynton Beach Boulevard is located within the City and could be eligible for TRIP funds. No TRIP projects have been programmed for this road; however, when and if TRIP funding is used to implement roadway improvements, the appropriate LOS standard identified in Chapter 14-94, F.A.C., should be adopted by the City for this road. Also, the project would need to be included in the schedule of capital improvements within the Capital Improvements Element. CITY'S RESPONSE: The portion of Boynton Beach Boulevard between Federal Highway and Old Boynton Road currently has a LOS standard of "D", which is the LOS required by Rule 14-94, F. A. C. for a TRIP FUNDED multi-lane facility in an urbanized area with population less than 500,000. At such time as funding becomes available, the remaining portion of the roadway, from Old Boynton Road to the western city limits, will be included in the LOS standards and the proposed project will be added to the schedule in City's Capital Improvement Element. b. The City should add "Access Management Standards" to Future Land Use Element Policy 1.3.2 as a specific item to be addressed in the City's land development regulations. CITY'S RESPONSE: The City's Land Development Regulations, which includes the City's Engineering Design Handbook and Construction Standards, currently meet or exceed the "Access Management Standards" contained in the "Model Land Development and Subdivision Regulations That Support Access Management"; however, the requirement has been added to the policy. Future Land Use Element "Policy 1.3.2 The City shall continue to administer land development regulations that address and regulate the following: a. All land uses identified on the Future Land Use Map; b. The coordination of future land uses with the appropriate topography and soil conditions; c. Compatibility of adjacent land uses and buffering and screening of uses; d. The subdivision of land; e. Signage; f. Areas subject to seasonal or periodic flooding and provisions for drainage and stormwater management; g. The protection of environmentally sensitive lands, water wellfields ~areas; 1. On-site vehicular circulation, parking lots and loading areas designed and sized to provide the maximum reasonable degree of safety and convenience; J. The provision of open space; k. The protection of known and discovered archaeological sites; L The recognition of historic properties; m. The protection of natural resources; and, n. The availability of facilities and services at adopted levels of service concurrent with the impacts of development." II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed text amendments to the Future Land Use Element (FLUE) and Coastal Management Elements CME) regarding proposed FLUE Policy 1.11.2 and CME Policy 7.8.2, do not adequately address and further the following goals and policies ofthe State Comprehensive Plan Chapter 187. Florida Statutes, because they do not contain an out-of-county hurricane evacuation time that is referenced in both policies: . 187.201 (6)(b )22 and 23 pertaining to Public Safety and the preparation of advance plans for the safe evacuation of coastal residents and the adoption plans and policies to protect public and private property and human lives from the effects of natural disasters. These provisions relate to Objection a; . 187.201(8)(a) pertaining to Coastal and Marine Resources to ensure that development does not endanger public safety. This provision applies to Objection a; . 187.201(17)(b)3, 4, 5, 6, 7, 9 pertaining Public Facilities to ensure the provision of public facilities to meet the demands of development. These provisions relate to Objection band c: and. . Section 1 87.201(19)(b)2, 3, 7, 8,9,13 and 15 pertaining to Transportation to promote a comprehensive transportation planning process which coordinates state, regional. and local transportation plans, This provision applies to Objections band c. . Section 187.201 (25)(b)7 pertaining to Plan Implementation to ensure that local plans implement and accurately reflect state goals and policies and address problems, issues, and conditions that are of particular concern in a region. Recommendation: By addressing the concerns noted in Section 1., these inconsistencies with Chapter 187, Florida Statutes, can be addressed. XII. - LEGAL - 2nd Reading Non-Development ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office [gI August 19,2008 August 4, 2008 (Noon) 0 October 21, 2008 October 6,2008 (Noon) o September 2, 2008 August 18,2008 (Noon) 0 November 5, 2008 October 20, 2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) 0 November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) 0 December 2,2008 November 17,2008 (Noon) o AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal o Code Compliance & Legal Settlements 0 Unfinished Business o Public Hearing 0 RECOMMENDATION: Please place this request on the August 19, 2008 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission on August 5,2008, approved this request under Public Hearing and Legal, Ordinance - First Reading. Please note that changes have been made to the proposed ordinance, which primarily involve document format and include additional narrative under paragraph "B" to document intent; placement of most footnotes within subsections B(l) and B(2); and wording added to subsection B(2) to clarify the purpose of the "showroom" requirement. With respect to content changes, all references to "collector" roads have been omitted consistent with the original staff recommendation; the non-conforming provision has been converted to an exemption clause; and the current distance separation requirement applicable to selected industrial uses has been applied to subsection B(2). For further details pertaining to this request, see attached Department Memorandum No. 08-062. EXPLANATION: PROJECT: M-l Industrial Zoning District - Corridor Uses (CDRV 08-003) AGENT: City initiated DESCRIPTION: Request for amendments to the Land Development Regulations, Chapter 2. Zoning, Section 8.A. M-l Industrial District, to add provisions and regulations for selected industrial and non-industrial uses of properties that front an arterial roadway. PROGRAM IMP ACT: FISCALlMPACT, ~/l- AL TERNA TIVES: o Development City Manager's Signature Assistant to City Manager ~ /.J }j.-/ ~ /.-1..- c.../ c..-- Pla~ng 'and zo'2-g irector City Attorney / Finance S:\Planning\sHARED\WP\sPECPROJ\CODE REVIEW\CDRV 08-003 M- 1 COlTidor uses\Agenda Item Request M-l Indust zoning dist CDRV 08-003 8- 19-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 08-t);tC 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", BY CREATING 6 A NEW SECTION B, ENTITLED "ADDITIONAL USES 7 AND REGULATIONS ON COLLECTOR OR ARTERIAL 8 ROADS"; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE ]0 DATE. ] ] ]2 WHEREAS. planning studies have been prepared and recommend the preservation of ] 3 industrial lands, preventing the impacts of industrial uses on roadway corridors. and ]4 accommodating flex space: ]5 16 WHEREAS, the Director of Planning and Zoning and the Planning and Development ]7 Board have made recommend that implementation of said planning studies be initiated with 18 ation~; regarding-1:1he addition of use provisions and regulations for ffi-the M-l zoning district ]9 applicable to BB-properties that abut aD arterial road: and 20 WHEREAS, the City Commission has considered the recommendations and ha 21 determined and finds that the inclusion of additional uses and regulations for ffi-the M-l zoning 22 district applicable tOilit properties which abut arterial roads will benefit the M-l zoning districl /~ and will not adversely impact adjacent communities. ~,) 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF B"OYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clause~ +sare true and correct and are+s now ratified 27 and confirmed by the City Commission. 28 Section 2. Chapter 2. "Zoning". Section 8 of the Land Development Regulations of 29 the City of Boynton Beach Code of Ordinances is hereby amended by creating a nev. section 8 30 entitled "Corridor uses and regulations,\dditional Uses and Regalations on Cnllectorf'lf 3 ] .\rtcrial Road"~as follows: ~.., g. Corridor uses and regulations./\dgilignQ.L1L~~__~!!l(:LB~.g!!ffi~io}lLQ1LC.QJICC!Qf \\ilbillJl_n\ r'vl:- ,)~ 33 1 industrial district located along streets designated as "aJ1erial" roadways on thC.u FUIlction~1 34 Classification of Roadwavs Map. the following use provisions. regulations and standards shall apph:-Bl' 35 /\Jterial Roads 36 1. Allowed commercial and retail uses. The uses Ijsted in the following table are-Ellowed, I- s Ie A IOrdmances\LOR Changes\Amending LOR - Chapter 2 - RIB) M-l Zoningl2nd read) doc I 1 provided that they are located in a multi-tenant building; they do not exceed 5,000 square feet in area 2 ( except convenience stores and take-out restaurants are limited to a maximum of 2,500 square feet); 3 tables and chairs are not provided to accommodate the on-site consumption of foods and beverages; 4 professional and business offices are restricted to upper floors; and provided the available of parking in 5 accordance with Chapter 2. Zoning, Section 11.h.16. Furthermore, the sale of used merchandise is only 6 allowed as accessory to the sale of new merchandise.The. follO\ving table lists thQse cQJ11merciql an<;j 7 !:QtailllsesJha1~!:.QP.o~~d fQra<;idition to theM I _f:<ming District, ",'here the district abuts a colloctQ'!': 8 gr a...rt"Q,ri a I I.9_Q d. 9 I n.:_., .J Commercial ftfl€l..Retail and Office Usel;4;S I Automotive Darts store Hardware storeFumiture & Rome furnishinu- Automatic car wash (polishing, waxmg, Marine accessoriesHardwllre store detailing) 'I Automotive/vehicle repair, minor Martial arts, gymnastics, and dance studioMarino aooessones Blind, shutter, shade, and awning fabrication~ Pet care (grooming)Martial arts, gymnastics, and dance studio Convenience store Pet care {boarding & davcare )'n~. / Copying, printing, and sign design Pet care (veterinarian services)Pet cf!rc (boarding p, . + Dav care Postal/mail centeir). . \ Drv cleaner Professional and business officesPostallmai I eefltef Electronics store Restaurant, take-out Florist Swimmina nool sunnlies & accessory cleaning F . & h f' I' CL._:~. ~ ... 0_ .1. . urlllture ome umls 11l1g~ '___ _ '. ,. ,. _" _ 1 0 'I Indicates conditional use approval required and minimum separation of 300 feet from residential-zoning ~district. 11 'Food provider.; or :;erver.; .;halJ not be allowed .;eats/table:; to accommodate on site consumption. 12 "Indicate:; tbat use.; mu:;t be locffied ',\'ithin a multi tenant buildinc.. 13 4 MalL size per use i.; 5,000 sq. ft.: convenience .;tores and take out re:taurants shall be a maximum of 2.500 .;q. t1. 14 5 lndicate:; that the sale of used merchandise is onh' allowed if as acce.;sor't to the sale of new goods. 15 16 2. Allowed industrial uses. The following uses are allowed, provided that The table belo...,' lists 17 those industrial uses that are proposed to be allmved along a con-idor if they contain a showroom 18 component for the promotion of products or services consisting of at least 250 square feet (a minimum 19 of 1 % of the floor area is required for uses greater than 25,000 total square feet); no seating is provided 20 for the on-site consumption of foods and beverages; there is no outdoor storage of equipment, materials 2] or merchandisethe above described commercial and/or retail component:; and the separation 22 requirement of Section 8(A)(2) be met for those uses or processes described therein. 23 I n..~, .J Industrial Uses with Commercial Comnonent+ I h-Manufacturin~F abrication/Processinll: I Artist and craftsm.anl, shons Medical ea~ioment & sUDolies Bakerv. commerCIal' Metal fabncated nroducts I Beverap'e mfg.! bottlinp''' Motor vehicle seatinll & interior trim I Confections, commercial-" Pharmaceutical & Medicine I Dairv oroducts mfll.;\ Plastic oroducts I Food nrocessing or nackallinll (includinll meats) Rubber oroducts - 2- S.\CA\Ordinances\LDR Changes\Amending LDR - Chapter 2 - 8(B) M-IZoning(2nd read).doc I ~----_..~._-----.-- ---.- -". -!f:-Commercial Services: -_.._,_..~"~ rocessina services**4 -_._---~-- --'- Data Furniture\u holsterv coverin -------~~--~...- --,--~ -----,_.".,-- Ornamental china, fine earthenware & ~- ..1** __ __ = ~ ~~m:s, ~e~~.~rators etc. (see 8.A.1.c.6) lY,Other: --- Recording and motion picture studios --~ - -~search & -Development * r I , I -l-Excluding any outdoor storage ofmaterial~;.~quipmenL or merchandise. 2 ~= Indicates conditional use if involving treatment. storal'.e. or processinl'. of human or animal bodies or parts. 3 ;"Food/beverage mfgs und ser\'er~; ~;hall not be allo\ved ~;eats/table~; to accommodate cm-stte 4 consumption. S 4**ld' h' , '1 n Icates uses t at are not reqUIred to have showroom 'relUl spacc space, 6 7 ,., Prohibited uses. Notwithstanding any other provISIOn of Section 8A, all uses not -) . 8 specifically listed in sub-section B.l and B.2 are hereby designated prohibited.llses ~D 9 properties which abut collector oran arterial roads. 10 4. Exemptions. Notwithstanding any provision of subsection A or B of Section ~, thosl: II self-storage businesse~; and car wash businesses approved and that are licensed and operational 12 at the effective date of these regulations. along any collector or ar~erial road:; are excl udedempt 13 from these restrictions of this section.gulation:; and their continued operation :;hall he 14 considered a permitted u~:e. pro,,'ided that if the use is discontinued for _fl period,uf six :ii:B 15 [nonths tha~ the property shall conform to ~hc ~lses set forth herein. 16 Section 3. Each and every other provision of the Land Development Regulations 17 not herein specifically amended, shall remain in full force and effect as originally adopted. 18 Section 4. All laws and ordinances applying to the City of Boynton Beach 1ll 19 conflict with any provisions of this ordinance are hereby repealed. 20 Section 5. Should any section or provision of this Ordinance or any portion thereat 21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect th, S It 'A IOrdlnances\LDR Changes\Amending LDR - Chapter 2 - 8( 13 I M-l ZOl1lngl2nd read) doc I remainder of this Ordinance. 2 Section 6. Authority is hereby given to codify this Ordinance. 3 Section 7. This Ordinance shall become effective immediately. 4 FIRST READING this _ day of ,2008. 5 SECOND, FINAL READING AND PASSAGE this _ day of ,2008. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 (Corporate Seal) 31 -4 - S,\CA\Ordinances\LDR Changes\Amending LDR - Chapter 2 - 8(8) M-IZoning(2nd read).doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DfVISlON MEMORANDUM NO. PZ 08-062 TO: Chairman and Members Planning and Development B\~ FROM: Michael W. Rumpf ;lL! U Director of Planning and cming DATE: June 16,2008 SUBJECT: CODE REVIEW / CDRV 08-003 Establishing corridor uses within the M-1 zoning district. NATURE OF PROPOSED AMENDMENT Staff is proposing an amendment to the Land Development Regulations (LDRs), Chapter 2. Zoning, Section B.A. M-1 Industrial District, to establish a new subsection with provisions/regulations applicable to industrially-zoned properties that front a collector or arterial roadway. The proposed amendments would 1. Allow selected commercial and retail uses on properties that are zoned M-1 and located along principal corridors; 2. Allow selected industrial and other uses with retail or commercial components along such corridors; and 3. Exclude heavy or non-complementary industrial and commercial uses from these corridors. The proposed amendments would increase the availability of service or retail businesses to residents within the southern end of Congress Avenue, increase tenant options for property owners, prevent negative impacts to the aesthetics of the corridor from industrial uses, and maintain industrial-zoned property within the City. Furthermore, the proposed amendments would be consistent with recommendations from the 2006, M-1 Zoning District study (a.k.a. Mellgren Study), and begin implementing changes proposed within Group 2 of the LDR rewrite project. BACKGROUND The M-1 Zoning District and the topic of industrial lands have been receiving considerable attention, in part, due to availability of industrial lands, proximity of M-1-zoned property along one of the "entrances" into the City (Congress Avenue), and petitions to add non-industrial uses to this district. Despite the recent amendments to the M-1 Zoning District, such as the addition of gymnastic centers and car washes, this district remains the City's sole conventional zoning district available to industrial uses. This district allows for a range of industrial and heavy commercial uses, ranging from the manufacturing of textile, rubber, and plastic products to the servicing and cleaning of septic tanks and sewer systems. The district accommodates large facilities such as millwork and truss plants as well as various compact and innocuous businesses such as an ambulance dispatch service, therefore, not all uses would be appropriate for properties along major roadway corridors. With an emphasis on land use compatibility, aesthetics and supply, the 2006 M-1 Zoning District study generated recommendations that, in part, addressed the preservation of industrial lands, expansion of opportunities for industrial uses, and impacts upon residential land uses and rights-of-way. These recommendations were considered in its drafting of the zoning matrix, as part of the current LDR rewrite project. The zoning matrix was presented to the Board and Commission in May and June, respectively, as Group 2, Part 1 of the LDR project. The subject amendments are principally a codification of excerpts from the proposed matrix, with some additions based on public input received in connection with the preferred uses for, and leasing constraints of one of the M-1 zoned properties located on S. Congress Avenue. Although these amendments would increase competition for limited industrial lands, contrary to the typical position of staff, they represent the balancing of several factors including findings from planning exercises and leasing issues raised by a landowner. Page 2 CDRV 08-003 ANAL YSIS The proposed amendments to the M-1 Zoning District mainly consist of the following three main parts: 1. Provisions that allow selected commercial and retail uses on properties located along collector and arterial roads; 2. Provisions that accommodate selected industrial uses with a retail component on corridor properties; and 3. The exclusion of selected industrial uses from properties along such roadway corridors. The proposed recommendations also include a code amendment to further support the appearance of corridors that are subject to industrial zoning. 1. Provisions for selected commercial and retail uses These amendments include the addition of selected commercial and retail uses to the M-1 District, limited to properties with frontage along a collector and arterial road. This aspect of the proposed amendments addresses both the lack of basic service/retail uses in this area of the City and the higher real estate values of properties at such locations. It also helps to reduce the necessity of. or interest in rezoning the M-1 zoned properties along S. Congress Avenue. The 2006 study was preceded by a study of the specific industrial area located along S. Congress Avenue. This study was conducted by planning staff in 2002. and interestingly, it revealed that over 66% of the businesses approved within the study area and under the retail trade ISCS use category, were for businesses iocated along Congress Avenue. Furthermore, with the rezoning of two -large industrial parcels at the south end of Congress Avenue for residential developments, an additional 472 dwelling units were added to this area. With now over 2,200 dwelling units located south of the LWDD L-28 Canal, and the lack of commercial zoning in this area, there is support for the addition of basic convenience stores to serve nearby residents and local employees. This aspect of the amendment supports "smart growth" and green initiatives as it should result in the reduction in total vehicle miles traveled on the roadway network. As indicated above, the subject amendment will also increase the use options for properties located along the corridor, thereby increasing the ability to lease vacant space and decreasing the necessity for rezoning of the subject industrial properties. The following table lists those commercial and retail uses that are proposed for addition to the M-1 Zoning District, where the district abuts a collector or arterial road. Pro osed Commercial and Retail Uses ' . Furniture & home fumishin Hardware store Marine accessories Martial arts, nastics, and dance studio Pet care roomin Pet care board in & da care Pet care veterinarian services Postal/mail center F(estaunant, tak~ut Florist Swimmin oolsu lies & accesso cleanin Indicates conditional use approval required and minimum separation of 300 feet from residential-zoning property. 2 Food providers or servers shall not be allowed seatsltables to accommodate on-site consumption. S Indicates that uses must be located within a multi-tenant building. 4 Max. size per use is 5,000 sq. ft.; convenience stores and take-out restaurants shall be a maximum of 2.500 sq. ft. 5 Indicates that the sale of used merchandise is only allowed If as accessory to the sale of new goods. 2. Provisions for selected industrial uses on corridor properties under certain conditions The specific intent of this group of changes is to recognize that some industrial business may also include a retail component that provides direct service or product to the public. Therefore, the selected industrial businesses indicated below would be allowed on properties located along such a roadway corridor, jf the use includes a commercial or retail component Such uses would contribute to the service and retail amenities of the roadway corridor. Such uses would be required to have a "walk-in" Page 3 CDRV 08-003 service component, including an indoor showroom or retail space consisting of a minimum of 25C square feet (for businesses 25,000 sq. ft. or less). For businesses that are greater than 25,000 square feet, the minimum required showroom/retail space is proposed to be a fraction (1 %) of the total area of the business. For uses that would provide food products and beverages, no seats or tables would be allowed to accommodate on-site consumption. This stipulation would filter out uses which tend to operate like a restaurant, which typically operate more parking~intensive. This restriction wouid also support possible future parking regulations tailored for this unique industrial area. The table beiow lists those industria! uses that are proposed to be allowed along a corridor if they contain the above- described commercial and/or retail component: anent' --...-- ,-- I retail '. Ornamental, china, fine earthenware, & Pum s, enerators etc. 8.A.1.c.6) IV. Other4 Recordin and motion icture studios Research & I I 1 Excluding any outdoor storage of materials, equipment, or merchandise. 2 Indicates conditional use if involving treatment, storage. or processing of human or animal bodies or parts. 3 Food/beverage mfgs and servers shaH not be allowed seats/tables to accommodate on-site consumption. 4 Indicates uses that are not required to have showroom/retail space. The above-listed uses are currently allowed in the M-1 District; however, the proposed amendment would restrict them from corridor properties unless they have the required commercial component. 3. industrial uses to be excluded from corridor properties As indicated above, not all industrial uses that are allowed in the M-1 Zoning District, due to intensity of operation, are appropriate for properties along major roadways. Congress Avenue is classified as a "principal arterial" road, and serves as a primary southern entrance into the City. Generally, heavy commercial and industrial uses are consolidated in areas that are isolated from commercial nodes and public view; however, since the early 1970's, this area of S. Congress Avenue has been zoned for industrial use, and therefore has generally allowed all uses allowed within the M-1 Zoning District. Therefore, all other uses not specifically listed in the two groups above would be excluded from corridor properties. Although not all uses to be excluded are equally intense, several uses would be prohibited as they would not contribute to the retail/service objective of these amendments. Examples Page 4 CDRV 08-003 of such uses include the following commercial services or use groups: major auto repair and boat repair, medical or dental laboratories, technical and trade schools, pest control, lawn/landscape service, storage/warehousing and self-storage (excluding pre-existing facilities), vehicle an.cl equipment storage, and any outdoor storage of supplies and merchandise. A few examples of the relatively more intense industrial uses to be excluded from corridor areas would include prefabricated sheds, asphalt paving and roofing, petroleum and petroleum products, and those others uses currently prohibited in the M-1 Zoning District Regulations. Staff would recommend that those pre-existing self- storage businesses existing along the corridor, be excluded from these regulations, thereby allowing their continued existence, and minimizing the creation of non-confonning uses. Other recommendations Both the M-1 Zoning District Study and "in-house" corridor study identified the importance of design regulations to improve/protect corridor appearance. Specifica lIy, the zoning district study recommended that applicable sign regulations be strengthened to provide for continuity and compatibility, that genera'l appearance standards are adopted to influence architectural style, color and building materials, and that the code is evaluated for appropriate regulation of relevant site non- conformities involving, in part, parking and landscaping. As part of this interim amendment, staff recommends that the sign regulations applicable to industrial zoning districts are changed for greater similarity with commercial sign regulations. Past sign code updates have excluded amendments to those regulations applicable to the M-1 Zoning District, leaving the maximum height allowed at 20 feet. Staff recommends that the maximum height allowed for freestanding signs for industrial uses, as indicated in the LDR Chapter 21, Article IV, Section 5.B, be reduced to 10 feet. Staff acknowledges that this amendment would cause many existing signs along the corridor to become non-confonning; however, site signage greatly impacts roadway aesthetics thereby explaining its emphasis in the Mellgren Study, and justifying the proposed recommendation. Such sign regulations would only be applicable when such properties are redeveloped, or if such non- conforming signs are damaged to a certain extent and to be repaired or replaced. With respect to other appearance regulations, staff will continue its consideration of the other applicable recommendations from the zoning district study as part of the greater LDR rewrite project, including appropriate separation of selected industrial uses from residential areas. SUMMARYIRECOMMENDATIONS It should be stated that properties originally designed for industrial uses, may not have sufficient parking to support significant retail and commercial uses. Such use for more parking-intensive businesses shall be reviewed on a case-by-case basis when modifications or business tax certificates are requested. Secondly, titles of the uses listed herein, or in current zoning regulations, may be modified as part of final adoption to avoid conflicts or inconsistencies in terminology. Lastly, the subject amendments do not emphasize office/professional uses, as desired by one party who provided input on this project. The specific request is for similar provisions as included in the C-1 Zoning District regulations, to accommodate all office/professional uses, particularly within upper floors which are more difficult to lease. Such uses are not proposed to be accommodated to that extent, as such uses would compete for the limited M-1 zoned property existing along the corridor, contribute less to the local service needs and. objective than those proposed uses, and further the demand for limited parking resources. Staff acknowledges that this may appear contrary to the benefit stated above regarding increasing leasing options; however, for the reasons stated herein staff recommends that this exten~ive use group not be included in the subject amendments. Staff recommends that the proposed amendments be approved, to begin implementing recommendations from the M-1 Study, and to specifically adopt regulations that both support industrial zoning in the city and prevent the negative impacts from industrial uses on roadway corridors. MR S:\Planning\sHARED\WP\SPECPROJ\CODE R,:\I[EW\CDRV 0&-003 W...1 Conidor uses\Staff Report.doc XII. - LEGAL - 2nd Reading Non-Development ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August 19,2008 August 4, 2008 ONoon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18, 2008 ONoon) D November 5,2008 October 20,2008 (Noon) D September 16, 2008 September 2, 2008 ONoon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15,2008 (Noon) D December 2,2008 November 17, 2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda [gI Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Please place this request on the August 19, 2008 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission on August 5, 2008, approved this request under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandum No. 08-056. EXPLANATION: PROJECT: Administrative Adjustment Revisions (CDRV 08-004) AGENT: City initiated DESCRIPTION: Request for amendments to the LDR, Chapter 2. Zoning, Section 5, making all properties developed for single-family homes eligible for administrative setback adjus1ments regardless of date of platting. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A u~ DovelOP~ City Manager's Signature Assistant to City Manager ~ :2 ~~ ,/,,,/ , Planning and Zo 'ng irector City Attorney / Finance S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 08-004 Administrative Adjustment Revisions\Agenda Item Request Admin. Adjustment Revision CDRV 08-004 8-19-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I I ORDINANCE NO. 08- 0.2.1 2 -' AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT :; REGULATIONS, CHAPTER 2 "ZONING", SECTION 5 TO 6 DELETE REFERENCE TO JUNE 13, 1975; PROVIDING 7 FOR CONFLICTS, SEVERABILITY, CODIFICATION 8 AND AN EFFECTIVE DATE. 9 10 I] WHEREAS, the Development Department has made reeommendations to amend thc 12 City Code to allow greater flexibility for staffs ability to process home additions 111 single ] 3 family residential zoning districts; and 14 WHEREAS, the City Commission has considered those recommendations and finds ]5 that those amendments will facilitate the processing of request for home additions in single 16 family zoning districts. 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ] 9 Section 1. The foregoing whereas clause is true and correct and is now ratified ar ! 20 confim1ed by the City Commission. 21 Section 2. Sub-sections B.2.c.. C.2.c.. D.2.c and E.2.c of Section 5 of Chapter 2 ofthc n Land Development Regulations are amend as follows: n B.2. Building and site regulations: 24 ... 25 I c. For lots platted prior to the effective date of this ordinance June 1:". jl)+-?-: the 26 following administrative adjustments to the minimum yard setbacks may be allowed, subject tu 27 provision of justification by applicant: 28 ... 29 C.2. Building and site regulations: 30 . .. 31 I c. For lots platted prior to the effective date of this ordinance June 13. ] 97-:i, the " following administrative adjustments to the minimum yard setbacks may be allowed. subject to J_ 33 provision of justification by applicant: 34 ... - I- s ..C'\\Urdmances\LDR Changes\Amendmg LDR - Chapter:' - " etTectlve date doc I 2 D.2. Building and site regulations: 3 ... 4 I c. For lots platted prior to prior to the effective date of this ordinanceJune 13, 1975, 5 the following administrative adjustments to the minimum yard setbacks may be allowed, 6 subject to provision of justification by applicant: 7 ... 8 E.2. Building and site regulations. 9 ... 10 c. For lots platted prior to prior to the effective date of this ordinanceJune 13, 1975, the II following administrative adjustments to the minimum yard setbacks may be allowed, subject to 12 provision of justification by applicant: 13 ... 14 Section 3. Each and every other provision of the Land Development Regulations 15 not herein specifically amended, shall remain in full force and effect as originally adopted. 16 Section 4. All laws and ordinances applying to the City of Boynton Beach in 17 conflict with any provisions of this ordinance are hereby repealed. 18 Section 5. Should any section or provision of this Ordinance or any portion thereof 19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 20 remainder of this Ordinance. 21 Section 6. Authority is hereby given to codify this Ordinance. 22 Section 7. This Ordinance shall become effective immediately. 23 24 FIRST READING this iL day of A~U:5T ,2008. - 2- SICA IOrdinancesILDR Changes\Amending LDR - Chapter 2 - 5 effective date doc I SECOND, FINAL READING AND PASSAGE this day of .::tH)8. ~-~ --~-._._._,...~ 2 3 CITY OF BOYNTON BEACH. FLORIDA 4 S 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Jose Rodriguez 10 J I 12 Commissioner - Ronald Weiland ] 3 J4 IS Commissioner - Woodrow L. Hay 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 2J 22 Janet M. Prainito, CMC ~, City Clerk _J 24 2S 26 (Corporate Seal) 27 , - J S leA lCirdlnances'.LDR Changes\Amendlng LDR - Chapter ~ - 5 effective date dele DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-056 TO: Chair and Members Planning & Developmpd THROUGH: Michael W. Rum~ Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: June 9, 2008 RE: Administrative Adjustment Revisions (CDRV 08-004) NATURE OF REQUEST Pursuant to the format established by the City Commission, staff forwards those portions .of the Land Develqpment Regulations (LDR) currently under review, as an incremental step to updating the zoning regulations. Ina few circumstances, staff has forwarded recommended revisions to the LDR in an effort to implement them immediately. The most recent presentation of this nature involved the e1imination of the hotel density language in the Planned Industrial Development (PID) district. This particular request addresses building setbacks, and would further assist in the ability of homeowners to renovate or construct additions to their homes. This amendment is designed to further previous Commission action and should better accommodate the residents' desire to expand their living area, in many cases, without the need of one or more variances. In.particular, all lots within single-family residential zoning districts would be eligible for administrative adjustments of setbacks, not just those lots platted prior to June 13,1975. BACKGROUND In 2005, staffbrought forward a code amendment (CDRV 05-007) to allow greater flexibility in staff's ability to process home additions in single-family residential zoning districts. A copy of the previous staffreport has been attached as a reminder of the previous Commission action (see Attachment "13"). At the time, staff utilized the date of the last re-write of the LDR to establish a demarcation between what could be handled administratively and what would require Commission action. In essence, lots platted prior to June 13, 1975 would be subject to staff review and those platted subsequently would have to be approved by the Commission. This date was chosen to coincide with the language contained in the ''Non-Conforming Lots" section of the CORY 08-004 Page 2 LDR. After repeated requests from property owners oflot5 platted after June 13, 1975, staff has re-examined the necessity of utilizing this date as opposed to using the standard language of: '''the effective date of the adoption of this ordinance". The previous setback amendments were designed to support minor home expansions while reducing the need for, and number of, variance applications. At the time, both staff and the City Commission heard from a number of residents about the difficulty in meeting the hardship criteria contained within the variance process. In most cases, no peculiarities existed to a given lot or situation, and staff was compelled to recommend denial of the request. In some instances, the applicant indicated., though they did not wish to move out of their home or the City. their expansion plans could not be accommodated where they were. Since the formal adoption of the administrative adjustment and associated regulations by the City Commission in 2005, fewer variance applications have been filed and a number of home expansions have occurred without the difficult and lengthy process previously encountered. By removing the language "lots platted prior to June 13, 1975", staff would have greater flexibility in working with the owners of the remaining 415 single-family lots that were excluded from the original amendment. These additional lots would be subject to the same regulations as those of the 2005 amendment, including the requirement of a justification statement, photographs of the existing conditions and adjacent properties, and notification of abutting property owners. PROPOSED AMENDMENTS Existing resru.lations: AF, noted above, the request is to remove the reference to June 13, 1975 relative to administrative adjustments. In particular, the language contained within Chapter 2. Zoning, Section 5.B.2.c, and applicable to all single-family zoning districts (Rl-.A.AB through R-l) reads as follows: 2. Building and site regulations c. For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks maybe allowed., subject to provision of justification by applicant. Pro'Oosed rerulations: Staff proposes that the reference to the date of June 13, 1975 be stricken from regulations contained within paragraph 5.B.2.c., to affect all single-family residential zoning districts (Rl- A.~ through R-l), and therefore amended to read as follows: 2. Building and site regulations c. For lots platted prior to the effective date of this ordinance, the following administrative adjustments to the minimum yard setbacks may be allowed., subject to provision of justification by applicant. CDRV 08-004 Page 3 RECOMMENDATION Staff recommends that the proposed amendment to Land Development Regulations, Chapter 2. Zoning, Section 5, B. 2.c., C. 2.c., D. 2.c. and E. 2.c., be approved, in order to create a consistent set of regulations for all single-family residential lots platted to date. IS :\Planning\SHARED\ WP\sPECPROJ\CODE REVIEW\CDRV OB..Q04\Administrative Adjustment ~sions\.doc} DEVELOPMENT DEPA.RTMEl'\T EXHIBIT PLANNING AND ZO"rrNG DIVISION MEMORA...N'DUM NO. PZ OS-050 TO: Chair and Members of Community Redevelopment Agency Board and Planning and Development Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: March 31, 2005 SUBJECT: CODE REVIEW (CDRV 05-007) Land Development Regulation Revisions (Setbacks, Fences, Accessory Structures) NATURE OF REQUEST Pursuant to desires of the City Commission, staff forwardS those portions of the Land Development Regulations currently under review, as an incremental step to updating the zoning regulations. These portions address building setbacks and related issues, and would assist in the ability of homeowners to renovate or construct additions to their homes. These proposed regulations should better accommodate the residents' desire to expand their living area, in many cases, without the need of one or more variances. BACKGROUND There is a high demand for home expansions within the city, as indicated by previous vanance applications, and by recent inquiries made to staff and elected officials regarding expansions plans and the variance process. Variances, of course, have the burden of requiring hardship for not conforming to the letter of the law, or in this case, zoning ordinance. In most cases, no peculiarities existed to a given lot or situation, and staff was forced to recommend denial of the request. In some instances, the applicant indicated, though they did not ",>ish to move out of their home or the City, their expansion plans could not be accommodated where they were, under the current land development regulations. With this being the case, staff made the setback issue their number one priority in the revisions to the land development regulations and therefore forwards these amendments first. ANAL YSIS Staff reviewed numerous old variance applications to detennine the extent to which the requests encroached into the required setbacks. It was determined that the rear setback variance was most frequently requested. This in many ways makes sense, since it is typically the largest area of the yard in which to expand the house, an addition to the rear of the house usually better integrates with the existing floor plan, and the addition would generally be further removed from street noise. Additionally, staff examined the existing land development regulations and those from the previously adopted code to gain a bett.,'"[ understanding of the rules under which many of the homes where constructed. This insight into the built environment helped form the basis for recommended changes to the land development regulations. Again, ra~e .L. EXHlB;IT B CDRV 05-007 understanding the Commission's desire to promote home improvements and expansions without a complex process and onerous hardship criteria, without degrading neighborhood quality, staff crafted the following modifications (see also Exhibit "A"): and - Reduction in rear yard setback requirements from 25 feet to 20 feet in all single-jamily districts. - Creation of an Administrative Adjustment (like currently existing in the code for non- conforming lots) to allow additional reductions in all yard setbacks. The proposed adjustments are minimal, again like those currently in the code for non-conforming lots, and would look something like this for a RIM single-family lot, platted prior to June 13, 1975: Front Setback- 25 feet. With Administrative Adjustment - 20 feet. Rear Setback - 20 feet. JiVith Administrative Adjustment - 15 feet. Side Setback - 10 feet. With Administrative Adjustment - 8 feet. - Establishment of criteria for the review and approval of Administrative Adjustments (see Exhibit "B ''), which pertains to compatibility with the established character of the neighborhood, reasonableness of the request and massing of the building or addition. - Creation of a Special Rear Yard Setback Reduction for properties abutting the railroad rights- of-way, 1-95 rights-of-way, canals, lakes, Intracoastal Waterway, parks, golf courses ,and community perimeter walls; and public use, recreation, commercial and industrial zoning districts. This reduction would decrease the rear setback from 20 feet to 10 feet. This special rear yard setback is applicable to one-story additions only. - The remaining provisions help clarify certain language already in the code regarding corner lots and through lots, and also denote that these provisions are not applicable to any PUD without formal action of the HOA and a Master Plan Modification. These provisions would also not supercede any setbacks recorded on plats. While reviewing building setbacks, two related issues surfaced that require updating and clarification. The first involves Accessory Bulldings (storage structures). Staff regularly receives numerous complaints, from residents desiring to install a shed, regarding both the maximum height regulation (7 feet) and the minimum separation requirement (12 feet) from the principal structure. Very few manufacturers of pre- fabricated sheds make a model that meets the City's height regulation. The few companies that do typically only make one model, thereby limiting consumer choices for storage structures. The second issue involves the separation requirement for accessory structures. This requirement has, in some instances, made it impossible for a homeowner to place a shed on their property. Since a homeowner can now go to a place like Home Depot and buy a shed that physically attaches to the house, our code is fairly outdated. Discussion with the City's Building Code Administrator and the Fire Marshall has confirmed that there are no issues of concern for allowing sheds in close proximity, or attached to a house. As such, staff recommends the following amendments to the code: - Removal of the twelve (12) foot separation requirement between accessory structures and the principal structure, thereby allowing storage structures to be immediately adjacent to or attached to the house; and - Allow an increase in maximum height for storage structures from seven (7) feet to nine (9) feet; and. - Retain existing requirements for maximum square footage of storage structures (100 square feet) and minimum setback requirements (three (3) feet from rear and side property lines). The other related issue involves Wall, Fence and Hedge Regulations. In an effort to clarify requirements for walls and fences in Residential Zoning Districts, as to their placement and maximum height dependant upon placement, staff recommends the following minor rewording of the code: XII. - LEGAL- 2nd Reading Non-Development ITEM 8.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August 19, 2008 August 4, 2008 (Noon) o October 2],2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 16, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) 0 October 7, 2008 September 15, 2008 (Noon) o December 2. 2008 November 17.2008 (Noon) 0 Ann oun cem ents/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Adoption of Ordinance on Second reading amending the provision of City Code which prohibits the sale of alcoholic beverages on Sunday mornings. EXPLANA TION: At a recent City Commission Meeting a member of the public expressed concern that it was not possible to purchase alcoholic beverages from licensed establishments in the City on Sunday mornings, notwithstanding the ability to do so in other municipalities. To eliminate the Sunday morning restriction on the sale of alcoholic beverages, the City Commission would need to amend Chapter 3 of the Code of Ordinances to strike those provisions which currently address Sunday morning sale of alcoholic beverages. The draft Ordinance retains the 2:00 a.m. to 8:00 a.m. restriction on al days of the week except New Years Day. State law allows for municipalities to regulate the hour of sale of alcoholic beverages. PROGRAM IMPACT: None. FISCAL IMPACT: Possible increase in sales tax revenue. ALTERNATIVES: Takes no action and maintain the Sunday morning prohibition ~- ~ Department Head's Signature Ity Manager's SIgnature Assistant to City Manager ~ City Attorney Department Name City Attorney I Finance S \BULLETINlFORMS\AGENDA ITEM REQUEST FORM DOC I ORDINANCE NO. 08- rJ:L3 ') - 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 CHAPTER 3, "ALCOHOLIC BEVERAGES", AMENDING 6 SECTION 3-4, "HOURS OF SALE", TO ELIMINATE THE 7 CURRENT RESTICTION ON THE SALE OF ALCOHOLIC 8 BEVERAGES ON SUNDAY MORNING; AND PROVIDING 9 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND 10 AN EFFECTIVE DATE. I] 12 WHEREAS, the City Commission of the City of Boynton Beach finds that it is in the 13 best interest of the public to remove the City's restriction of the selling of alcoholic beverages on 14 Sundays. 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. Each Whereas clause set forth above is true and correct and incorporaterl 18 herein by this reference. 19 Section 2. That Chapter 3, entitled "Alcoholic Beverages", Section 3-4. is hereb) 20 amended as follows: 21 ee. 3-4. Hours of sale. 22 ')~ It shall be unlawful to sell, deliver or consume or permit the sale, delivery, service or -,) 24 onsumption on the premises where such licensed business is conducted, of: ~5 26 27 28 29 30 31 32 ~~ _1 _1 i I :\CA\Ordinances~lcohol on Sundays,doc ] I I 1 Cc) The abo','e time limitations prohibiting sale, delivery or consumption of alcoholic 2 beverages of more than one per cent alcohol by weight, bet',veen the hours of2:00 a.m. and 8:00 3 a.m. on all days except Sunday shall not be applicable on January first of each year. 4 Cd) ,^.lcoholic beverages of more than one per cent of alcohol by weight in sealed containers 5 fer consumption off the premises bet\vcen the hours of2:00 a.m. and 8:00 a.m. on all "veekdays 6 and Saturdays, and on Sundays bet'.veen the hours of2:00 a.m. and 12:00 noon. 7 (a) For purposes of this section, the term "alcoholic beverages" means distilled spirits and all 8 beverages containing one-half of 1 percent or more alcohol by volume. 9 (b) It shall be unlawful to sell. deliver or consume or permit the sale. delivery. service or 10 consumption of alcoholic beverage( s) on the premises where such licensed business is conducted, 11 between the hours of2:00 a.m. and 8:00 a.m.. on any day of the week, except New Years Day. ]2 13 14 Section 3. Each and every other provision of Chapter 3, not herein specifically 15 amended shall remain in full force and effect as previously enacted. 16 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 17 are hereby repealed. 18 Section 5. Should any section or provision of this ordinance or portion hereof, any 19 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 20 :lecision shall not affect the remainder of this ordinance. 21 Section 6. Authority is hereby granted to codify said ordinance. 22 Section 7. This ordinance shall become effective immediately upon its passage and 23 Idoption. 24 FIRST READING this ~ day of AU.GU,51 ,2008. 25 I :\CA \Ordinances\Alcohol on Sundays.doc 2 I SECOND, FINAL READING AND PASSAGE this _ day of '___n__~__ "()O8 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 ----- 7 Mayor - Jerry Taylor 8 q 10 ] ] Vice Mayor - Jose Rodriguez 12 ]3 14 ]5 Commissioner - Ronald Weiland 16 ] 7 18 19 Commissioner - Woodrow L. Hay 20 21 ..,.., - ~~ ,," Commissioner - Marlene Ross --' 24 -'\ TrEST: 25 I 26 n 28 anet M. Prainito, CMC 29 ity Clerk 30 31 32 33 CORPORATE SEAL) 34 i i , :\CA\Ordinances\Alcohol on Sundays. doc -' XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM 8.5 AGENDA ITEM REQUEST FORlYI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August 19, 2008 August 4, 2008 (Noon) o October 21. 2008 October 6. 2008 (Noon) o September 2. 2008 August] 8,2008 (Noon) o November 5. 2008 October 20. 2008 (Noon) 0 September 16. 2008 September 2, 2008 (Noon) o November 18. 2008 November 3, 2008 (Noon) 0 October 7, 2008 September 15, 2008 (Noon) 0 December 2, 2008 November] 7, 2008 (Noon) 0 Ann ouncem ents/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Adoption of Ordinance on Second Reading amending Ordinance 08-003. EXPLANA TION: On February 19, 2008 the City Commission adopted Ordinance 08-003 which provided for the inclusion of the Gulfstream Gardens project in the Community Redevelopment Area. Following adoption the Palm Beach County Appraiser's office notified the Community Redevelopment Agency that Lot 44 was not included notwithstanding its earlier annexation into the City. The original legal description was provided by the Developer. This Ordinance cures the omission of Lot 44 by the adoption of an Amended Exhibit "A". PROGRAM IMPACT: None FISCAL IMPACT: None AL TERNA TIVES: None '~ . ~ure Department Head's Signature Assistant to City Manager ~ City Attorney Department Name City Attorney I Finance S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC I ORDINANCE NO. 08- 0;"J.j 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 ORDINANCE 08-003 TO CORRECT THE OMISSION OF 6 LOT 44 FROM THE LEGAL DESCRIPTION; 7 RECONFIRMING INCLUSION IN THE COMMUNITY 8 REDEVELOPMENT AREA OF THE PROPERTY 9 DESCRIBED IN AMENDED EXHIBIT "A" AND ]0 PROVIDING FOR CONFLICTS, SEVERABILITY, I] CODIFICA TION AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach heretofore adopted ]4 Ordinance 08-003 which provided for inclusion of the Gulfstream Gardens development project. I." which had previously been annexed into the City, into the Community Redevelopment Area: and 16 WHEREAS, the legal description of the Gulfstream Gardens development project was 17 incorrect by the omission Lot 44; and ]8 WHEREAS, it was and remains the intent of the City Commission to include in tl J9 Community Redevelopment Area all of the property described in Exhibit "A'" as nO\\ amended 20 and attached hereto. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE -,-, CITY OF BOYNTON BEACH, FLORIDA, THAT: -,~ Section 1. Each Whereas clause set forth above is true and correct and incorporated c.J 24 ere in by this reference. 25 Section 2. Ordinance 08-003 is amended for the purposes of deleting Exhibit" AU 26 hereto in its entirety and a new Amended Exhibit "A'" is substituted in its place and stead. ln all ~7 ther respects Ordinance 08-003 shall remain as originally adopted. 28 Section 3. Each and every other provision of Ordinance 08-003 not herein 29 peciiically amended shall remain in full force and effect as previously enacted. : ,CA,Ordinances\Gulfstream Gardens Legal description Amendment.doc I I I I I I Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 2 are hereby repealed. 3 Section 5. Should any section or provision of this ordinance or portion hereof, any 4 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 5 decision shall not affect the remainder of this ordinance. 6 Section 6. Authority is hereby granted to codify said ordinance. 7 Section 7. This ordinance shall become effective immediately upon its passage and 8 adoption. 9 FIRST READING this ~ day of AUGu:rr ,2008. 10 11 SECOND, FINAL READING AND PASSAGE this _ day of ,2008. 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 ] 7 Mayor - Jerry Taylor 18 19 20 21 Vice Mayor - Jose Rodriguez 22 23 24 25 Commissioner - Ronald Weiland 26 27 28 29 Commissioner - Woodrow L. Hay 30 31 32 33 Commissioner - Marlene Ross :\CA \Ordinances\Gu1fstream Gardens Legal description Amendment.doc 2 I I ATTEST: 2 ~ .) 4 5 Janet M. Prainito. CMC b City Clerk 7 8 9 10 (CORPORATE SEAL) ] ] ':\CA\Ordinances\Gulfstream Gardens Legal description Amendment.doc , I EXHIBIT A The annexed property is described as follows: Commence at the Southeast corner of Tract 47 as shown on the amended Plat of "Trade Winds Estates" as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, for a point of beginning; thence East along the North line of said "Trade Winds Estates", a distance of 100 feet to a point; thence Northeasterly along a line parallel to the Easterly line of Tract 47 of said "Trade Winds Estates" a distance of 15 feet to a point; thence West on a line parallel to the North line of Tract 51 of said "Trade Winds Estates, a distance of 100 feet, more or less, to a point on the Easterly line of Tract 47; thence southerly along the East line of Tract 47, a distance of 15 feet, more or less, to the point of beginning. Start at the Southwest corner of Lot 52, "Trade Winds Estates", Palm Beach County, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 73; thence run Easterly 484.20 feet to the West right- of-way line of U.S. Highway No.1; thence Southerly 100 feet along said West right-of-way line; thence Westerly parallel to the North boundary above described to the Northeast corner of Lot 46, "Trade Winds Estates"; thence Northerly 96.43 feet to the point of beginning. Said lands situate, lying and being in Palm Beach County, Florida. Tract 46, Trade Winds Estates, a subdivision in Palm Beach County, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73, and also the following described Tract of land: commencing at the Southeast comer of Tract 47, as shown on the Plat of "Trade Winds Estates" Plat Book 21, Page 73, Palm Beach County Public Records run Northerly along the East line of said Tract 47, a distance of 15 feet to the point of beginning; from the point of beginning, thence run Easterly parallel to the North line of Tract 51 of the said "Trade Wind Estates". A distance of 1 00 feet, to a point; thence run Southerly, parallel to the East line of the said Tract 47, a distance of 15 feet, to a point in the North line of the said Tract 51; thence run easterly along the North line of the said Tract 51, a distance of 186.77 feet to a point; thence run Northerly, at an angle of 107037' ( turned from west to NOlih) with the North line of the said Tract 51, a distance of 200 feet, to a point; thence run Westerly, parallel with the North line of the said Tract 51, a distance of 316.39 feet to the Northeast comer of Tract 46 of the said "Trade Winds Estates; thence run Southerly a distance of 177.70 feet to the point of beginning. Lot 52, amended Plat of "Trade Winds Estates", according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 73; said lands situate lying and being in Palm Beach County, Florida. Lots 43, 44, 53, 53A amended Plat of "Trade Winds Estates", a subdivision in Palm Beach County, Florida according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida, in Plat Book 21, Page 73. The East 300 feet of Lots 54 and 55, amended Plat of "Trade Winds Estates", Palm Beach County, Florida according to the Plat recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida thereoC in Plat Book 21, Page 73, subject to the existing right-of- way of U.S. Highway # 1, together with improvements located thereon. s: \P] ann ing\S HA RED\WP\PR OJECTS \Gu 1 fstream Gardens\GULFSTREAM GARDENS Annexed Properties Legal Description.doc XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM B.6 AGENDA ITEM REQUEST FOR1~.L Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August \9, 2008 August 4, 2008 (Noon) o October 2\, 2008 October 6, 2008 (Noon) 0 September 2, 2008 August \8, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 16, 2008 September 2. 2008 (Noon) 0 November 18, 2008 November 3, 2008 (Noon) 0 October 7. 2008 September 15, 2008 (Noon) 0 December 2, 2008 November 17, 2008 (Noon) 0 A n noun cern en ts/Presen tati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Adoption of Ordinance on Second reading amending the Community Redevelopment Plan to amend the boundaries of the Community Redevelopment Area. EXPLANA TION: Ordinance 00-59 which was adopted in November 8, 2000, amended the Community Redevelopment Area boundaries and extended the reach of those boundaries from the North jurisdictional boundary of the City to the South jurisdictional boundary. Ordinance 00-59 did not specifically address unincorporated enclaves within the described Community Development Area boundaries. The purpose of the proposed Ordinance is to clearly establish that when unincorporated enclaves were or are annexed into the City that there is a corresponding inclusion of those properties in the Community Redevelopment Area and that those properties are subject to Community Redevelopment Agency jurisdiction. The Ordinance specifically addresses several projects that were annexed into the City since the adoption of Ordinance 00-59 but which are not reflected in the Palm Beach County Property Appraiser's records as being included in the Community Redevelopment Area. Adoption of this Ordinance will resolve any doubt regarding the status of those properties as well as properties which are annexed in the future. PROGRAM IMP ACT: Inclusion of annexed properties in the defined Community Redevelopment Area will bring those properties under the jurisdiction of the Community Redevelopment Agency for purposes of redevelopment incentives and programs. The Community Redevelopment Agency will receive the benefit of TIF revenues not currently being received since the property is not recognized as CRA property by the Property Appraiser's office. FISCAL IMPACT: There will be an increase in TIF revenues to the CRA and a revenue loss to the City. The Finance Director has prepared a spreadsheet which depicts the parcel information and the taxable value allocation to the City and the CRA. The CRA staff is evaluating this data. A copy of the spreadsheet is attached. The estimated taxable value for each of the developments is as follows: Waterside - Completed 2007 - Estimated Taxable value $32,509,159 Tuscan - Completed 2007 - Estimated Taxable value $10,837,500 Bayfront- Completed 2007 Estimated Taxable Value $16,473,000 Gulfstream Gardens - Vacant - Estimated Taxable Value $15,564,500 Palm Grove - Vacant - Estimated Taxable Value $1.500,000 S IBULLETINlFORMS'v\GENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TlVES: Amend the CRA boundary designation to specifically exclude annexed enclaves 7 ,-~ : ~ -~ ~---,--" Department Head's Signature nto City Manager ~ ~-------~.. Cit) Attorney - --.. Department Name ' Finance \HI I LIIIMFOR,\1S',,c\W:ND,\ ITEM RE(.)UEST FORM DUC 1 ORDINANCE 08 -O;.,(p 2 3 4 AN ORDINANCE OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE 6 COMMUNITY REDEVELOPMENT PLAN TO CLARIFY 7 THAT ENCLAVES AND OTHER PROPERTIES ANNEXED 8 INTO THE CITY THAT ARE WITIDN THE PREVIOUSLY 9 DESIGNATED BOUNDARIES OF THE CRA ARE PART OF 10 THE COMMUNITY REDEVELOPMENT AREA AND 11 THEREFORE SUBJECT TO JURISDICTION OF THE 12 COMMUNITY REDEVELOPMENT AGENCY; AMENDING 13 THE COMMUNITY REDEVELOPMENT BOUNDARY 14 DESCRIPTION TO CLARIFY INCLUSION OF ANNEXED 15 PROPERTY; PROVIDING FOR AUTOMATIC INCLUSION 16 OF ANNEXED PROPERTY IN THE CRA UNLESS 17 EXCLUDED BY EXCEPTION; AMENDING CHAPTER 2 OF 18 ARTICLE I OF THE CODE OF ORDINANCES AND 19 SECTION 2-13.2(b) THEREOF RELATING TO THE 20 COMMUNITY REDEVELOPMENT AGENCY 21 BOUNDARIES TO RENUMBER SUBSECTION (b) AS A 22 NEW SECTION 2-13.5; ACCEPTING A 23 RECOMMENDATION FROM THE COMMUNITY 24 REDEVELOPEMENT AGENCY TO IMPLEMENT THE 25 AMENDMENTS PROVIDED HEREIN; DIRECTING THE 26 CITY ADMINISTRATION TO TAKE SUCH ACTION AS 27 NECESSARY TO EFFECTUATE THE INTENT OF THIS 28 ORDINANCE; PROVIDING FOR CONFLICT, 29 SEVERABILITY, CODIFICATION; PROVIDING FOR AN 30 EFFECTIVE DATE. 31 32 WHEREAS, Florida Statute 163.361 provides for amendment or modification of a 33 ommunity Redevelopment Plan including changes in boundaries of the redevelopment area to 34 dd land to or exclude land from the redevelopment area; and 35 WHEREAS, the City Commission has provided notice of and conducted a public hearing 36 n the proposed modification of the Community Redevelopment Plan hereinafter set forth in 37 ccordance with the requirements of State law; and 38 WHEREAS, the City Commission has heretofore described the boundaries of the 39 ommunity Redevelopment Area by adoption of Ordinance 00-59. The boundaries of the 40 ommunity Redevelopment Area as set forth in Ordinance 00-59 a north and south boundary that I Page I of9 'ICA 10rdmanceslCRA \CRA BOUNDARY AMENDMENT 071408,doc I ] was cotenninous with the City's north and south jurisdictional boundaries: and I WHEREAS, the City Commission subsequent to the adoption of Ordinance O( I-59 ha~ ~ 3 annexed enclaves and other property with the intent that those properties \verc to bl: treated as 4 within the Community Redevelopment Area: and 5 WHEREAS, the City Commission finds that the enclaves that have been annexed into the 6 City subsequent to the adoption of Ordinance 00-59 shared. at time of annexation. the same 7 characteristics as other properties in the Community Redevelopment Area and that such areas 8 were, at time of annexation, slum areas, blighted areas. or areas in which there was a shortage of 9 housing that is affordable to residents of low or moderate income. including the elderl)' or were 10 costal and tourist areas that were deteriorating or economically distressed due to outdated building ] ] density patterns, inadequate transportation and parking facilities. faulty lot layout or inadequate ] 2 street layout, or a combination thereof: and 13 WHEREAS, the City Conunission finds that there are additional enclaves within the ]4 generie boundaries of the Community Redevelopment Area \vhich, if annexed into thl: Cit). 15 should be deemed and considered part of the Community Redevelopment Area as they share the 16 ame characteristics described in the foregoing whereas clause: and 17 WHEREAS, the City Conunission has considered and accepts the recommendation from 18 he Community Redevelopment Agency as expressed in Community Redevelopment Agency 19 esolution 2008-05; and 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 21 ITY OF BOYNTON BEACH, FLORIDA: I, Section 1. That the foregoing "\VHEREAS" clause is true and correct and hereby I" atified and confirmed by the City Commission. ..:. -) 24 Section 2. Section 2-13.2 of Article I, Chapter 2 of the Code of Ordinances IS hereby i , I Page:2 of9 ICA\OrdmancesICR.1\ leRA BOUNDAR Y AMENDMENT 071408 doc 1 amended to read as follows: 2 Sec. 2-13.2. Governing body of community redevelopment agency. * 3 (a) The members of the City Commission constitute the governing body (Board) of 4 the Community Redevelopment Agency. 5 (b) The community redevelopment agency, shall exercise its jurisdiction in all mens 6 of the city which the city has heretofore designated for redevelopmcnt. The community 7 rede\'olopmen~ area is more particularly described in Exhibit .^.. 8 (eh) Chair and Vice-Chair. The Mayor shall be the Chairperson and the Vice-Mayor 9 the Vice Chairperson of the Board of the Community Redevelopment Agency. 10 11 Section 3. Creating a new section 2-13.5 as follows: 12 2-13.5. Community Redevelopment Area. 13 (a) The boundaries of the Community Redevelopment Area are as set forth in the 14 following legal description: 15 16 17 18 19 20 21 hence southerl along the West line of said Section 15 to the SW comer of Section 15. bein 22 Iso the NW comer of Section 22 Ranoe 43. Townshi 45' 23 24 25 26 27 hence westerl and alono said North right-of-wa line of the Bovnton Canal to a oint of 28 ntersection with the northerl extension of the West right-of-wav line of West Industrial 29 30 31 oint on 32 "" -'-' 34 hence S 81d 48'30" E alon said South ri line a distance of 302.68 feet. 35 36 hence S 87d 13'22" E alon said South ri line a distance of 309.97 feet. 37 38 hence S 80d 25' 27" E along said South ri ht-of-wa line a distance of 50.95 feet to the 39 outhwest comer of LOT 5 BLOCK 1 LAKE BOYNTON ESTATES as recorded in said ublic I Page 301'9 IC A 10rdinanceslCRA ICRA BOUNDARY AMENDMENT 07] 408 ,doc ] records in Plat Book 13 Paue :' ") ~ ') ~ "\ thence N 88d 06'29" E alom! said South rilZht-of-wav line and alonQ the South line ut LOTS 3. -) 4 4. and 5 said BLOCK 1 a distance of 1 50 feet to the Southeast corneT of said LOT 3. and a puint :1 on the West line of said Seetion 28: 6 7 thence S 1 d 31 . 31" E along said West Section Line a distance of 506.58 feet to the intersection 8 with the westerlv extension of the center line of West Ocean Avenue: 9 10 thence S 89d 47'31" E alonlZ said center line to the intersection with the said West ri I2ht -of-w21\ 1 ] line of Seacrest Boulevard: 12 13 thence southerlv to the intersection of the West rig:ht-of-wav line of Seacrest Boulevard with the 14 centerline of SE 2nd A venue: ] 5 ]6 thence easterlv to the intersection of the center line of SE 2nd with the East right-of-yvav line at 17 Florida East Coast Railwav: ] 8 ]9 thence souther]v alonQ said East riQht-of-wav line of FEC RR to a point at the intersection \l'iith 20 the westerly extension of the South line of lot 20 Delrav Beach Estates as recorded in Palm 2] Beach County Public Records in Plat book 21. Page 13. and located in Section 4. Range 43. 'I") Township 46: -~ ")"\ _J 24 thence S. 73d 45' 15" E along: said westerly extension and alonQ the South line of said lot 20. I 'l- and along its easterlv extension a distance of 680.21 feet to a ooint at the intersection with the I ~) 26 East right-of-wav line of Federal Highwav (U.S.1 L said South line beinQ. the South boundary 27 line for the City of Bovnton Beach' 28 29 hence northerly alom! the East right-of-way line of U.S. Federal Highvv'av No.1 to a ooint of 30 'ntersection with the South line of the South 50 feet of the North East Quarter (NE 1,4) of the 31 South West Quarter (SW lid of the North East ouarter (NE 1/4\ of Section 4. Ral1!~e 43. "\") "ownshio 46: _L:' "\"\ _, J 34 hence easterlv alonQ said South line of South 50 feet to a ooint on the West line of Tradewinds 35 Estates First Addition. a subdivision recorded in Plat Book 2'1, Page 44. Palm Beach County 36 Public Records: 37 38 hence northerly alonQ said West line of Tradewinds Estates First Addition a distance of 5U 3Y eet. I ~ 40 4] hence \vesterlv on a line oarallel to the South line of the South 50 feet ofthe North East C.lUarter .1'1 NE ~'4) of the South West quarter (SW 14\ of the N011h East Quarter (NE lid of Section 4. 4"\ RanlZe 43. Townshin 46. to the East rilZht-of-wav line of U.S. Federal HilZhwav No. ] 1: .) 44 45 hence northerlv alonQ the East rilZht-of-way line of U.S. Federal HiQhwav no. 1 to a Doim on 46 he South line of lot 9. Kings Subdivision. a subdivision recorded in Plat Book '0. PaQe 47, 47 aIm Beach Countv Public Records' 48 I I Pal.!e 4 uf9 \'" 'O,dm~""CRA 'ERA BOUNOA" AMENDMENT m' "'" :oc 1 thence easterly. northerly, and westerly along South. East, and North lines of said lots 9. Kings 2 Subdivision. to a point on the East right-of-way line of U.S. Federal Highwav No.1; 3 4 thence northerly along the East right-of-way line of U.S. Federal Highway No.1 to a point that 5 is 305 feet South of the North line of Section 4, Range 43, Township 46. said point located on 6 the North right-of-way" line of Ban1boo Lane, a private road; 7 8 thence easterly and along said North right-of-way line of Bamboo Lane to a point that is 300 9 feet west of the West right-of-way line of the Intracoastal Waterway; 10 11 thence northerly a distance of 94.5 feet to a point on the South right-of-way of the finger canal; 12 13 thence easterly and along said South right-of-way line of the finger canal to the West right-of- 14 way line of the Intracoastal Waterwav; 15 16 thence northerly and along the West right-of-way line of the Intracoastal Waterway to the Point 17 of Beginning. 18 19 20 The followinQ: described properties which were annexed into the City of Boynton Beach 21 subsequent to the adoption of Ordinance 00-59 are expressly deemed included in the Community 22 Redeyelonment Area as of the effective date of annexation of those nronerties: 23 BOYNTON BAGELS: 24 Lot 8, Less the Westerly 17 feet for road ri~ht-of-way, KINGS SUBDIVISION j- according to the Plat thereof. as recorded in Plat Book 20, Page 47 , of the Public ~) 26 Records of Palm Beach County. Florida. 27 28 29 BA YFRONT: 30 Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat 31 thereof as recorded in Plat Book 21, Page 73 of the Public Records of Palm 32 Beach County, Florida, Less a portion of Lot 57 for Right-of Way of State 33 Road No.5 as shown on State of Florida State Road Department right-of-way 34 map section No. 9301-205. 35 36 rUSCAN VILLAS: 37 38 Lot 1 and Lot lA of KING'S SUBDIVISION, according to the Plat thereof, 39 as recorded in Plat Book 20. Page 47, Public Records of Palm Beach County, 40 Florida; less the westerly 17 feet of said lots. 41 I Page 5 of9 ICA 10rdmanceslCRA ICRA BOUNDARY AMENDMENT 07] 408,doc 1 TOQ:ether With: , ~ '" All that part of Lot C of KING'S SUBDIVISION in Section .:j., Township 4(\ -' 4 South. Range 43 East, Palm Beach Countv. Florida. as per Plat recorded in 5 Plat Book 20, Page 47, Palm Beach County records except the follO\\'ing part 6 thereof: Beginning at the Southwest (SW) corner of said Lot C. and runninl2 7 thence North along the \Vest line thereof a distance of Ei Q:hty (80) FeeL 8 thence Easterlv in a straight line to the Southeast (SE) corner of said Lot C. 9 thence running West along the South line of said Lot C to the Point 01 10 BeQ:innim!.. Further less and except the \\iesterlv 17 feet for road right-of-wav II 12 PAUVl COVE: 13 14 That part of Lot 59. "Amended Plat of Trade Winds Estates. a Subdivision:' 15 according to the Plat thereof. recorded in Plat Book 21. Page 73. of the Public 16 Records of Palm Beach Cow1tv. Florida: lving west of the right-of-way of 17 State Road 5 (U.S. Highwav No. 1) as conveved to Palm Beach Count\'. 18 Florida, bv a deed recorded in Official Records Book 124. Page 638 of the 19 Public Records of Palm Beach Count\'. Florida. 20 2] TOQ:ether with: Y) ,'" Lot 15. "Killian's Park. a Subdivision." according to the Plat thereof. as ~-' 24 recorded in Plat Book 23, Page 195. in the Public Records of Palm Beach , - Countv. Florida. less that portion of Lot 15 conveved to the State of Florida ~) 26 bv a Wan-antv Deed recorded in OHicial Records Book 119. Page 453. of the 27 Publie Records of Palm Beach Count\'. Florida. 28 29 Together with: -'0 31 All of Lots 6 through 14 and Lots] 6 through 29 of "Killian' s Park" recorded 32 in Plat Book 23. Page 195. in the Public Records of Palm Beach Count\'. "''') Florida. -"'-' 34 -'5 36 37 38 A TERSIDE: 39 40 A PARCEL OF LAND IN SECTION 4. TOWNSHIP 46 SOUTH. RANGE 43 41 EAST. PALM BEACH COUNTY. FLORIDA BEING MORE PARTICULARL 'y' 42 DESCRIBED AS FOLLOWS: 4-' I COMMENCE AT THE NORTHEAST CORNER OF LOT 48, "TRADE WINDS 44 ESTATES FIRST ADDITION" ACCORDING TO THE PLAT THEREOF AS 45 RECORDED IN PLAT BOOK 22. PAGE 44 OF THE PUBLIC RECORDS OF 46 PALM BEACH COUNTY. FLORIDA. SAID CORNER BEING ON THE 47 WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY: 48 THENCE NORTH 05026'06" EAST ON SAID WESTERLY RIGHT-OF-WAY I Paoe 6 of9 b \CA\UrulnallcesICRAICRA BUUNDARY AI\1ENDMENT 071.:lUo uue 1 LINE 365.92 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 2 89018'46" WEST 3 85 .00 FEET: THENCE NORTH 05026'06" EAST 4.08 FEET: 3 THENCE SOUTH 89018'46" WEST 35.00 FEET: THENCE SOUTH 05026'06" 4 WEST 174.98 FEET: THENCE SOUTH 89018'46" WEST 236.14 FEET TO A 5 POINT OF CURVATURE OF A CIRCULAR CURVE. CONCAVE SOUTHEAST: 6 THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A 7 RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34034'00" AN ARC 8 DISTANCE OF 61.82 FEET TO A POINT OF REVERSE CURVATURE OF A 9 CIRCULAR CURVE. CONCAVE NORTHWEST: THENCE SOUTHWESTERLY 10 ON THE ARC OF SAID CURVE. WITH A RADIUS OF 82.59 FEET AND A 11 CENTRAL ANGLE OF 34034'00" AN ARC DISTANCE OF 49.83 FEET TO A 12 POINT OF TANGENCY: THENCE SOUTH 89018'46" WEST 94.20 FEET TO 13 THE INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF U.S. 14 HIGHW A Y NO. I (STATE ROAD NO.5), SAID INTERSECTION BEING ON 15 THE ARC OF A CIRCULAR CURVE. CONCAVE WEST, THE RADIUS POINT 16 OF WHICH BEARS NORTH 73025'48" WEST: THENCE NORTHERLY ON 17 SAID EASTERLY RIGHT-OF-WAY AND ON THE ARC OF SAID CURVE, 18 WITH A RADIUS OF 1 1.509.20 FEET AND A CENTRAL ANGLE OF 02023'09" 19 AN ARC DISTANCE OF 479.27 FEET: THENCE NORTH 89014'41" EAST 20 245.48 FEET: THENCE NORTH 05026'06" EAST 95.70 FEET TO THE 21 INTERSECTION WITH A LINE PARALLEL WITH AND 578.97 FEET SOUTH 22 OF THE NORTH LINE OF SAID SECTION 4: THENCE NORTH 89018'46" 23 EAST ON SAID PARALLEL LINE 274.00 FEET: THENCE SOUTH 06036'55" 24 WEST 40.21 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH 25 AND 618.85 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 4: 26 THENCE NORTH 89018'46" EAST ON SAID PARALLEL LINE 250.00 FEET TO 27 THE INTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHT- 28 OF-WAY LINE OF THE INTRACOASTAL WATERWAY: THENCE SOUTH 29 05026'06" WEST ON SAID WESTERLY RIGHT-OF-WAY LINE 315.29 FEET 30 TO THE POINT OF BEGINNING. 31 32 within the boundaries of the Communi 33 ro erties which constitute uninco orated enclaves have been found b the City 34 'ommission to share the same characteristics of the slum and/or bli hted ro erties which 35 UlTound or are ad'acent to them and are therefore suitable for and will benefit from the 36 ro ams of the Community Redevelo ment Agenc . 37 All uninco orated enclaves within the Communi 38 e annexed into the City of Bovnton Beach subse uent to the ado tion of this code section shall 39 utomaticallv included in the CommUl1ity Redevelopment Area and subiect to the iurisdiction of 40 he Communi Commission 41 ro ertv from the Communi I Page 70f9 \CA \Ordmances\CRA \CRA BOUNDARY AMENDMENT 071408,doc 1 I of the Communitv Redeve]opment A(2enc\ . .., Section 4. The City's administrative staff is directed to take appropnute action. - ~ including but not limited to, coordination of effort with the Community Redevelopment :'\genc\ .J 4 staff and the Palm Beach County Property Appraiser's office to effectuate the intent of this 5 ordinance. There shall be no retroactive reallocation of ad valorem or TIF revenues between the 6 City and the Community Redevelopment Agency by virtue of the adoption of this Ordinance. 7 Section 5. All prior ordinances or resolutions or parts thereof in conflict herewith are 8 hereby repealed to the extent of such conDict. 9 Section 6. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid ]0 or w1constitutional by any court of competent jurisdiction, then said holding shall in no way affect ] 1 the validity of the remaining portions of this Ordinance. 12 Section 7. It is the intention of the City Commission of the CITY OF BU\'NTON 13 BEACH. Florida, that the provisions of this Ordinance shall become and be made a part of the 14 'ITY OF BO'YNTON BEACH Code of Ordinances; and that the sections of this ordinance ma:- 15 e renumbered or relettered and the word "ordinance" may be changed to "section," "article." LH 16 uch other appropriate word or phrase in order to accomplish such intentions. ]7 Section 8. This Ordinance shall be effective immediately after adoption by the City ] 8 ommlSSlOn. 19 PASSED FIRST READING this 5 day of A-UGUST.2008. 20 21 I I Page 8 01'9 . ICAIOrdmanceslCRAICRA BOUNDARY AMENDMENTlI71408 due 1 SECOND AND FINAL READING ADOPTED this _ day of ,2008. 2 " CITY OF BOYNTON BEACH, FLORIDA -' 4 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Jose Rodriguez 11 12 13 Commissioner - Ronald Weiland 14 15 16 Commissioner - Woodrow L. Hay 17 TTEST: 18 19 Commissioner - Marlene Ross 20 21 anet M. Prainito, CMC 22 ity Clerk ?" --' 24 Corporate Seal) I Page90f9 ICA 10rdinanceslCRA ICRA BOUNDARY AMENDMENT 071408,doc XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\. Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to C itv Clerk's Office Meeting Dates in to City Clerk's Office ~ August 19,2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 16, 2008 September 2,2008 (Noon) D November 18, 2008 November 3,2008 (Noon) D October 7,2008 September 15,2008 (Noon) D December 2, 2008 November 17,2008 (Noon) D Announcements/Presentati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TlON: Ordinance No. 08-_ on First Reading authorizing abandonment of an existing utility easement located on property at Trinity Church International, 7255 South Military Trail, Lake Worth, Florida and Resolution No._ accepting an easement from International Church Trust # 1 for water and sewer utilities and/or other appropriate purposes on, over and across said property. EXPLANATION: The construction of on-site utilities and building improvements have necessitated the abandonment of existing utility easements in contlict with the new building layout and, in turn, the granting of new utility easements to the City for the new utility alignment. Trinity Church International is responsible for installing the new water and sewer lines on the site. Legal descriptions and survey drawings for the new utility easements and abandonment of existing utility easements are attached for reference. PROGRAM IMPACT: None. No additional construction will be required by the City to serve this property. FISCAL IMP ACT: None. anager Manager ~ Utilities Department Department Name xc: Peter Mazzella City Attorney File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A EXISTING UTILITY EASEMENTS LOCATED 6 ON PROPERTY AT TRINITY CHURCH 7 INTERNATIONAL, 7255 SOUTH MILITARY TRAIL, 8 LAKE WORTH, FLORIDA, SUBJECT TO STAFF 9 COMMENTS; AUTHORIZING THE CITY MANAGER 10 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 11 RECORDED WITH THIS ORDINANCE IN THE 12 PUBLIC RECORDS OF PALM BEACH COUNTY, 13 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, Trinity Church International, is requesting that the City abandon existing 17 utility easements located at Trinity Church International. 7255 South Military Trail. Lake Worth. 18 Florida, subject to staff comments; and 19 20 WHEREAS, the construction of on-site utilities and building imprO\cments have 21 necessitated the abandonment of existing utility easements in conflict with the nev, building and 22 the granting of new utility easements to the City for the new utility alignment 23 24 WHEREAS, comments have been solicited from the appropriate City Departments on 25 the proposed abandonment; and 26 27 WHEREAS, staff finds that the utility easements will be replaced with new utility 28 easements so that the current easements no longer serve a public purpose, and the Cit\ 29 Commission adopts that finding. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 33 34 Section 1. The foregoing Whereas clauses are true and correct and incorporated! 35 herein by this reference. 36 37 Section 2. The City Commission of the City of Boynton Beach, Florida. does hereby 38 abandon the utility easements located at Trinity Church International. 7255 South Military Trail. 39 Lake Worth, Florida, subject to staff comments. The property being abandoned is morc 40 particularly described as follows: 41 42 See Exhibits "AU and Exhibit "B" hereto. 43 44 Section 3. The City Manager is hereby authorized and directed to execute 1]'. 45 attached Disclaimer and cause the same to he filed, with this Ordinance. in the Public Reeo 46 of Palm Beach County, Florida. S \CA\Ordinances\Abandonments\Church Easement doc II I I I I I I I 1 2 Section 4. This Ordinance shall take effect immediately upon passage. 3 4 FIRST READING this _ day of ,2008. 5 6 SECOND, FINAL READING AND PASSAGE THIS _day of , 7 2008. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor - Jerry Taylor 13 14 15 Vice Mayor - Jose Rodriguez 16 17 18 Commissioner - Ronald Weiland 19 20 21 Commissioner - Woodrow L. Hay 22 23 24 Commissioner - Marlene Ross 25 ATTEST: 26 27 28 Janet M. Prainito, CMC 29 City Clerk 30 31 (Corporate Seal) s: \CA \Ordinances\Abandonments\Church Easement. doc O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS 955 N.W. ] 7TH A VENUE, SUITE K-l PHONE (56]) 276-4501 DELRA Y BEACH, FLORIDA 33445 FAX (5611 ~76-::'39() JUNE 25,2008 DESCRIPTION OF 12 FOOT SEWER EASEMENT TO BE ABANDONED: THAT PORTION OF THE 12 FOOT EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1017 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF MILITARY 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 191 AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NAd39'08"E., ALONG THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL (STATE ROAD 809), A DISTANCE OF 264.90 FEET; THENCE S.67d30'55"W., A DISTANCE OF 274.79 FEET; THENCE S.89d22'52"W., A DISTANCE OF 297.29 FEET; THENCE S.59d12'16"W., A DISTANCE OF 278A4 FEET TO THE POINT SHOWN AS POINT "A" OF SAID EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1017: THENCE NA9d06'53"W., A DISTANCE OF 110.62 FEET TO THE POINT OF BEGINNING: THENCE N.24d52'35"E., A DISTANCE OF 6.24 FEET; THENCE NA9d06'53"W., A DISTANCE OF 98.66 FEET; THENCE SAOd53'07"W., A DISTANCE OF 12.00 FEET; THENCE SA9d06'53"E., A DISTANCE OF 102.10 FEET; THENCE N.24d52'35"E., A DISTANCE OF 6.24 FEET TO THE POINT OF BEGINNING. 20D~ PAULD. ENGL . - .~ - SURVEYOR & MAPPER #5708 ~ ~fJ-/ 1311 Lff} /1 8O(J( I ~S92 PAGE 1811 SKE'TCH OF DEseRIP TION ~ lu NO TES: -.J I "::( THIS IS NOT A SURVEY (,) l/) a THE EAST RIGHT OF WA Y <: LINE OF MILITARY TRAIL IS ASSUMED TO BEAR ~ N.4039'08"E. 19' ~. //~ '2,1~b'iJ5 ~tJ ~.../>/ )\ \; ,,0{, (, ~ /'i S. ~ ~ #-,,,. ..- .., '-') 0) ~ ,,\,// t:... //" 0 ~....sN \L--~;> CENTERLINE OF I ""-= ~ ).. ~ ''-'''::,1'(-)\ 12' EASEMENT <:~P:: r. ~ ; .. .' . ~" \~':..:. J '"' I ~i'3}. N.E. CORNER OF ~ MILITARY 10 (PLA ~ ~ !;: Cl:: BOOK 83, PA GES ~ ~ 191-192) l< h. ....... V) ~ ~ ~ MILITARY 70 ~ /" (PLA T BOOK "A" 83, PAGES W. \..s 191-192) (,':::-...0 \. 0>) '(s DESCRIP nON: r;:;-:~::~ AN EASEMENT 12 FEET IN W/OTH BEIffQ-MTlON OF TRACTS 9 AND 70, MA TY A. L YMAN ~ MaDED PLA T OF SECTION 12, TOWNSHIP 45 SOUTH, ~,: ,42 EAST, ACCORDING TO THE PLA T THEREOF AS '. ED IN PLA T BOOK 9, PAGE 74, PUBLIC RECORD OF:.P-;J."M BEACH COUNTY, FLORIDA, THE CENTERLINE ~/ ,f.l)H BEING DESCRIBED AS FOLLOWS: ~-;''-'''..>' >> ,r... ,;, .. . COMMENCING A T THE NORTHEAST CORNER OF~PI;IiT .' :,\c:",::' .... OF MILITARY 10, ACCORDING TO THE PLA T THE ,'AS : . ," " " RECORTDED IN PLA T BOOK 83, PAGES 191 AND ~~'lIfL1C .1 EXf;l.HiJJ.F~ A RECORDS OF PALM BEACH COUNTY, FLORIDA; TH 'iJf6.' ' 4$~To.J.{i:f: 1 N.403908"E., ALONG THE EAST RIGHT OF WA Y OF T~h ~ .~/o". i." . .~.~ '* TRAIL fSTA TE ROAD 809), A DISTANCE OF 264.90 ftd~.>/ Q,;.;'i l \. ~}~"Ii. ~., :\. TO TH POINT OF BEGINNING; THENCE S.6r30'55"W.,'" . ~ :. ,f- . f," " DISTANCE OF 274.79 FEET; THENCE S.89022'52"W., A ,.- 'PA~ 'tv DISTANCE OF 297.29 FEET; THENCE S.59012'16"W., A I /-!}" sUi " . .' :.'/? .' 5708 DISTANCE OF 278.44 FEET TO A POINT KNOWN HEREAFtiR.>.<"' '. "c:' '>Q,;,...~~,y":..:i'. # AS POINT uAu; THENCE S.79014'57"W., A DISTANCE OF 174.fJr-';\ 'il,'" QO."''''';QO~~''';'~' .::,' FEET TO THE TERMINUS POINT OF SAID EASEMENT,' THENCg,~..,-.;/:)r,. . "" i'I,~(,6:~.~:\ ;."'..' BEGINNING A T THE AFORESAID POINT "A", N.49006'53"W., A "::'"./' :E:: JUL Y 23, icat/ ~ DISTANCE OF 211.00 FEET TO THE TERMINUS POINT OF SA~:,/'.,_ . 'N, SUITER &iO~8REN, /NC EASEMENT. ' ct~'JFICATE OF AUTHORIZATION ~LBJ5J , SuR{Ij;XOR AND MAPPER IN RESP NSIBLE THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR ' ~ PAUL D. ENGLE EXTENDED TO MEET A T ANGLE POINTS. 2601 NORTH FEDERAL HlGHWA Y DELRA Y BEACH FLORIDA 33483 ORDER NO. 99-161"SE" (561) 276-4501 (561) 732-3279 O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS 955 N.W. 17TH A VENUE, SUITE K-l PHONE (561) 276-45()j DELRA Y BEACH, FLORIDA 33445 FAX (561) 276-23CJO JUNE 25, 2008 DESCRIPTION OF 12 FOOT WATER MAIN EASEMENT TO BE ABANDONED: THAT PORTION OF THE 12 FOOT WATER MAIN EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1018 DESCRlBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PLAT OF MILITARY 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 191 AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.3d28'49"W., ALONG THE WEST LINE OF SAID PLAT OF MILITARY 10, A DISTANCE OF 241.22 FEET; THENCE S.88d32'54"W., A DISTANCE OF 55.99 FEET; THENCE N.Od41 '47"E., A DISTANCE OF 55.29 FEET; THENCE N.Od03'55"W., A DISTANCE OF 263.81 FEET; THENCE S.89dOl '49"W., A DISTANCE OF 116.28 FEET TO A POINT DESCRlBED AS POINT "0" OF SAID EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1018; THENCE N.Od49'14"W., A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING; THENCE N.89dOl '49"E., A DISTANCE OF 5.94 FEET; THENCE N.Od49'14"W., A DISTANCE OF 246.90 FEET; THENCE N.89d38'52"W.. A DISTANCE OF 5.96 FEET; THENCE S.87d15'50"W., A DISTANCE OF 6.04 FEET; THENCE S.Od49'14"E., A DISTANCE OF 246.69 FEET; THENCE S.89d26'16"E., A DISTANCE OF 6.06 FEET TO THE POINT OF BEGINNING. PAUL D. ENGLE SURVEYOR & e-'X/.J/IS 1/ 1'13 )1 - , BOOK lltsq2 PAGE 1818 SKE'TCH OF DEseRtP TtON ~ NO TES: ~ THIS IS NOT A SURVEY "=( <J THE EAST RIGHT OF WA Y lI) LINE OF MILITARY TRAIL S? IS ASSUMED TO BEAR <... N.4039'08"E. ~EE SHEET 2 OF 2 FOR I \>(/"~JfAL DESCRIPTION ~/~ '''.. /<./ POINT "E" tJ/~ v~ ~~ \;:~/~) 208.00' S.89038'52"E. ~/~ 33.00' ~.:: I~' . I s.87015'50''~~Jl \" I -~ ~ t "~' t) 'S ~ ~, ~ ;" ..... . -...J :::-J (h/ {,;::.., I ,4j "'.;;: 't-~'?I 0~~ ~ )... ~ ~ \:~)CE:ty,TERLlNE OF ~ ~ ~ ~ \1;;:.:~SEMENT I :-> ~ , \(/~_ N. W. CORNER OF ": a ~ ~ V(::>')\, VMILlTARY 10 (PLA T ~ ~ ~ 0) \~ . ,,"-') BOOK 83, PAGES ~ l~ l() '--- / (" 191-192)<< "- C\I u~ , 164.80' ,c;,1p':'~' " ~ N.89026'16''w.l I S.89(~~p"W. ~ ~ ~ 6 ~~. '-POINT (.s /:-:-~' )... <:; .~ "0" \ ( I:) !J.i ~ MILITARY 10 ~ /'::- :'~"~;~"7'~" ~ t:: (PLA T BOOK o~J ~ f (\..,,) ~ ~ 83. PAGES ~ '-~ \~=")'i ~ ~ 191-192) VJ l:() l() \( /-', " ~ ~ " ('--..."") 0"'" ""> I'<) " - 'V \C a /':>"'S {.... ~ I-.. "'0 I c" ......., ,J (,; ''1 '-'>/~,/' VI..,... a \'--'..... :'. ,," , " -,; \f /' .' ',.. -,..J <... ~ ", '.~ Q.. POINT "c" POWT "B" ~/ j ;'Cv ~ ~ ~ \ ~/,~a \r/ ~ l.J f(W\~ t \\ '/:;> 10 Oo,J 47.00' f'" '7:"~V>") N89034'39/'W N.89034'39"W.~;! t(j,./~/~..., '-, ., ., C\i ',---;.,.(" ,~o . .~ '~I ~o l()a ~ _", /. . 13.00' ll)~ ~ I<-~ ~(g'o" 8: :. ., -G/?' S.6018'02"W. ~ 55.9,9' \~.:> ~!.,sfJ~~~~OR N.. ~ "PER #5708 POINT../ S.88 3254 W. ' ""'-)'\ I,,:Y '~:.,.",........ :':~): ,,' "A" 15.00' (C.- ..i., . "L.'''Je':;~'~~'~~J.c. S.Oo41'47"W. ,..-:>.,~ ":'/01 ',' ~;:. <:--/.......(J. TE: JUL Y 23. 2(}O1 \...""'\ .- ',~ " -,!J:B~N. SUfTER ct O'BRCN. INC q,Ei!!l~A TE OF AUTHORIZA TION ILB353 ~OR AND MAPPER IN RESPONSIBLE 'ARGE: PAUL .0. ENGLE 2601 NORTH ff1JERAL HlGHWA Y DELRA Y BEACH FLORIDA 3348J ORDER NO. 99-161"WE" (567) 276-4501 (561) 732-J279 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach. Florida. a municipal corporation. under the laws of the State of Florida, does hereby abandon the utility easements located at Trinity Church International, 7255 South Military Trail. Lake Worth. Florida, subject to staff comments. The property being abandoned IS mon: particularly described as follows: See Exhibits "'A" and '"8"' attached hereto. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of ,2008. ATTEST: CITY OF BOYNTON BEACH. FLORIDA ------------ -----~-- Janet Prainito Kurt Bressner, City Manager City Clerk STA TE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito. City Manager and City Clerk respectively, of the City of Boynton Beach. Florida. known to me to be the persons described in and \vho executed the foregoing instrument and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein: that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this da\ lli .2008. ~---_._---------------~~ NOTARY PUBLIC, State of Florida My Commission Expires: S \CAIOI dlnances\AbandonmefltS\ChurCh casement doc O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS 955 N.W. 17TH AVENUE, SUITE K-I PHONE (561) 276-4501 DELRA Y BEACH, FLORIDA 33445 FAX (561) 276-2390 JUNE 25, 2008 DESCRIPTION OF 12 FOOT SEWER EASEMENT TO BE ABANDONED: THAT PORTION OF THE 12 FOOT EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1017 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF MILITARY 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 191 AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE No4d39'08"E., ALONG THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL (STATE ROAD 809), A DISTANCE OF 264.90 FEET; THENCE S.67d30'55"W., A DISTANCE OF 274.79 FEET; THENCE S.89d22'52"W., A DISTANCE OF 297.29 FEET; THENCE S.59d12'16"W., A DISTANCE OF 278044 FEET TO THE POINT SHOWN AS POINT "A" OF SAID EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1017; THENCE No49d06'53"W., A DISTANCE OF 110.62 FEET TO THE POINT OF BEGINNING; THENCE N.24d52'35"E., A DISTANCE OF 6.24 FEET; THENCE No49d06'53"W., A DISTANCE OF 98.66 FEET; THENCE So40d53'OTW., A DISTANCE OF 12.00 FEET; THENCE So49d06'53"E., A DISTANCE OF 102.10 FEET; THENCE N.24d52'35"E., A DISTANCE OF 6.24 FEET TO THE POINT OF BEGINNING. J2aD~ PAUL D. ENGL SURVEYOR & MAPPER #5708 ~ X#I1311 {If} /1 BOOK 14592 PAGE 11111 SKETCH OF DEseRIP T/ON ~ t....J NO TES: -.J '" <.) THIS IS NO T A SUR Vf' Y lr) POIN T OF-, a THE EAST RIGHT OF WA Y BEGINNING <: LINE OF MILITARY TRAIL " IS ASSUMED TO BEAR c::\ N,4039'OB"E. 19' ~ i ~ ' --~/)\ 1.1 Arb,SS 'i :; ,"-1/ \-' // "~', 561 r "5 ,</ . .<:J ~ ~ . \: ;>-)) w. :?; i:; '~" _/.~,/ 1'- 0 o"-.!::::;d \~_, /,) CENTERLINE OF I ~, ~ v~, ,~.-::)\ 12' EASEMENT I <':~~ ' ( , ,', . " ~ h:. " I ~' ~ ,."_\ t..."./ ,/- .,.., ~ N.E. CORNER OF '<i () )... ~ ~-.-"/::-.. . '$i" ~5P ((" MILITARY 10 (PLA ~ ~ ~ Q:: .9 ^' : l,:-'> o"(S1. ; BOOK 83, PA GES ~ ~ <5'.'0. 191-192) ct SJ' ....... k ":'-J tJ~ MILITARY 10 ~ I '\ (PLA T BOOK 14.00:' W. \,C;/ "A" 83, PAGES 1 0 V1.' 4- , r::, 191-192) I I 19 . '" , 5 { ---~../ ) . '~/ ' ""', f./ -..s DESeRIP TION: r;::'~\ AN EASEMENT 12 FEET IN WIDTH BEfFJG.JN:~A PORTION OF TRACTS 9 AND 10, MA TY A. L YMAfiJi-AMf/[DED PLA T OF SECTION 12, TOWNSHIP 4S SOUTH, R~t EAST, ACCORDING TO THE PLA T THEREOF AS . , ED IN PLA T BOOK 9, PAGE 74, PUBLIC RECORD (OF:P~M BEACH COUNTY, FLORIDA, THE CENTERLINE i!1r" , ,rcm BEING DESCRIBED AS FOLLOWS: '~---<_ . 'v " -" COMMENCING AT THE NORTHEAST CORNER OF~Pl:AT .:.\ OF MILITARY 10. ACCORDING TO THE PLA T THE. , iF'~~S "" " RECORTDED IN PLA T BOOK 83, PAGES 191 AND 2':;-f~l:;f3L1C / EXf;l.1BiT. A RECORDS OF PALM BEACH COUNTY, FLORIDA; THEJ:.I<;~> ~$~ro'J.,fN; 1 N.4a390B"E., ALONG THE EAST RIGHT OF WA Y OF Ml/:.rr~h Q - ~/t\i-' ." ~ . TRAIL (STA TE ROAD B09), A DISTANCE OF 264.90 PlffJ;>/ ;:' :":1 j' TO THE POINT OF BEGINNING; THENCE S.6r30'55"W..l..1:~, J. : DISTANCE OF 274.79 FEET; THENCE S.89"22'52"W., A .--:::::,-, .pA~ . . DISTANCE OF 297.29 FEET; THENCE S.S9"12'16"W., A fhs. hSUi .I? -#S 708 DISTANCE OF 278.44 FEET TO A POINT KNOWN HEREAF ,:,. ""(:"'00 '.. ",~'y/,'; AS POINT "A~' THENCE S.79a14'S7"W., A DISTANCE OF 174.qJ{J "l.p oc"':"..:~.~\";', FEET TO THE TERMINUS POINT OF SAID EASEMENT; THENCE,\.. ,.,., '\'iU'<~:..' BEGINNING A T THE AFORESAID POINT "A ", N.49"06'53"W., A "_"--...tJ;ff.E: JUL Y 23. iQ01.c' ~ DISTANCE OF 211.00 FEET TO THE TERMINUS POINT OF SA~~~'\'--JYBRlfl' SUITER 4" 'o'BREN, INC E A SEMEN T.' ctR ')FICA TE OF AUTHORIZA nON ~L8J5J SuRV~X.OR AND MAPPER IN RESP NSIBLE THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR ~ PAUL D. ENGLE EXTENDED TO MEET A T ANGLE POINTS 2601 NORTH FEDERAL HIGHWA Y . DELRA Y BEACH FLORIDA 334,sJ ORDER NO. 99-161"SE" (561) 276-4501 (561) 732-3279 O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS 955 N.W. 17TH A VENUE, SUITE K-1 PHONE (561) 276-4501 DELRA Y BEACH, FLORIDA 33445 FAX (561) 276-2390 JUNE 25,2008 DESCRIPTION OF 12 FOOT WATER MAIN EASEMENT TO BE ABANDONED: THAT PORTION OF THE 12 FOOT WATER MAIN EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1018 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PLAT OF MILITARY 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 191 AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.3d28'49"W., ALONG THE WEST LINE OF SAID PLAT OF MILITARY 10, A DISTANCE OF 241.22 FEET; THENCE S.88d32'54"W., A DISTANCE OF 55.99 FEET; THENCE N.Od41 '47"E., A DISTANCE OF 55.29 FEET; THENCE N.Od03'55"W., A DISTANCE OF 263.81 FEET; THENCE S.89dOl '49"W., A DISTANCE OF 116.28 FEET TO A POINT DESCRIBED AS POINT "D" OF SAID EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1018; THENCE N.Od49'14"W., A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING; THENCE N.89d01 '49"E., A DISTANCE OF 5.94 FEET; THENCE N.Od49'14"W., A DISTANCE OF 246.90 FEET; THENCE N.89d38'52"W., A DISTANCE OF 5.96 FEET; THENCE S.87dI5'50"W., A DISTANCE OF 6.04 FEET; THENCE S.Od49'14"E., A DISTANCE OF 246.69 FEET; THENCE S.89d26'16"E., A DISTANCE OF 6.06 FEET TO THE POINT OF BEGINNING. , PAUL D. ENGLE SURVEYOR & e.-XtJllS / / I' 13 )I - BOO< LIt~ Pf.ViE L8l8 SKE'TCH OF DESCRIP T/ON ~ NO TES: L..J THIS IS NOT A SURVEY -J ~ \...) THE EAST RIGHT OF WA Y CJ) () LINE OF MILITARY TRAIL <: IS ASSUMED TO BEAR N.4039'Oa"E. ! ~\ /'SEE SHEET 2 OF 2 FOR \';/'.,,:/~~F;fAL DESCRIPTION r '.~":"';/ POINT "E" h..h.. (j(j (/ \) "{~ \{',,;!)) 208.00' 5.89038'52 "E. ~/f!5 33.00' '\< ...-::: \ S.87015'50''W: : (: ~ I / :~ ;:.-':"~ i~ ,i..,jI_J ~ I . -'-- Cb "" ~ ~ S: 0) " ~ l,..., , It N. W. CORNER OF ~ a ).... "'t- <:: h.. C) MILITARY 10 (PLA T ~ Q: 0) ~, BOOK 83, PAGES ~~ i.() ;/w~~_' ~:; 791-192) C\j 'e: h.. ........ 164.80' '-:-11f;fj , V} ~ N.89026'16"W. ! /S.89t ... $"W. $? ~ ~ \1.../ /..-*' '<...sF ~ ~~. '-POINT <. r; :--~ \ \:l~ no" .' ' MILITARY 10 \ t ' , V). . '.', ...., (PL A T BOOK 1\(:; '-, -~\ r"' _ .....~ r . 0 s: ((.,:>,) 83, PAGES I ^' ... ','. 791-792) , , , ! &]' ~i.() ~-~:-' tOi.() \ I'r)~ ":-) /~ ,w, '. \CC) , -' C\jo \.~f"~:" _,'-) _'. a <: \, ' v \V POINT "c" POINT "B" \ \ }<.i 10 OO'J 47.00' f'." N.89oj4'J9/ N.89OJ4'J9"W.~;,: .";1- i.()o 73.00' i.()~ 5.6018'02 "w. <: 55.99' POINT..../ 5.88032'54 w. "A II 75.00' I i.t..(,:) ..._'. ~.'~ '1. ,";. ',' "':". ' , S.0041'47"W ::~ cc." ....-v. TE: JUL Y 23, 2Q01 ?~ ,/': -r):S~N. SUITER de O'BRIEN, INC a(j CE;/{rtFICA TE OF AUTHORIZA TJON ~LB35J Qitf ,- SU~OR AND MAPPER IN RESP NSI8LE -cRARGE: PAUL J). ENGLE 2601 NORTH rt1JERAL HIGHWA Y DELRA Y BEACH FLORIDA 3348J ORDER NO. 99- 761''wE'' (561) 276-4501 (561) 732-3279 Prepared by/return to: James A.Cherof, City Attorney City of Boynton Beach P.O. Box 310 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 ABANDONMENT AND RELEASE OF EASEMENT THIS RELEASE is made and entered into on the _ day of , 2008 by the City of Boynton Beach, Florida, a political subdivision of the State of Florida. WIT N E SSE T H: WHEREAS, the City of Boynton Beach, Florida holds an Easement interest in the following described property: See Legal Descriptions attached hereto as Exhibits "A" and "B". WHEREAS, the City Commission of the City of Boynton Beach has determined that a portion of the easement which runs in favor of the City of Boynton Beach, and which was recorded in Official Records Book 14592, Page 1014, public records of Palm Beach County, Florida, no longer serves a public purpose and can be abandoned; and WHEREAS, the City Commission hereby abandons that portion of the easement as described in Exhibits A and B which are attached hereto and incorporated herein by reference; and WHEREAS, the City Commission has conducted a public hearing and has adopted Ordinance _ ratifying abandonment of that portion of the easement described above. NOW, THEREFORE, the City of Boynton Beach hereby abandons and releases the property described in Exhibits "A" and "B" from the Easement and declares that portion of the easement free and clear of the operation and effect of same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year below written. O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS 955 N.W. 17TH A VENUE, SUITE K-l PHONE (56]) 276-45()] DELRA Y BEACH. FLORIDA 33445 FAX (561) 276-2.i90 JUNE 25,2008 DESCRIPTION OF 12 FOOT WATER MAIN EASEMENT TO BE ABANDONED: THAT PORTION OF THE 12 FOOT WATER MAIN EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1018 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PLAT OF MILITARY 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 191 AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.3d28'49"W., ALONG THE WEST LINE OF SAID PLAT OF MILITARY 10, A DISTANCE OF 241.22 FEET; THENCE S.88d32'54"W., A DISTANCE OF 55.99 FEET; THENCE N.Od41 '47"E., A DISTANCE OF 55.29 FEET; THENCE N.Od03'55"W., A DISTANCE OF 263.81 FEET; THENCE S.89dOl '49"W., A DISTANCE OF 116.28 FEET TO A POINT DESCRIBED AS POINT "D" OF SAID EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1018; THENCE N.Od49'14"W., A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING; THENCE N.89dOl '49"E., A DISTANCE OF 5.94 FEET; THENCE N.Od49'14"W., A DISTANCE OF 246.90 FEET; THENCE N.89d38'52"W.. A DISTANCE OF 5.96 FEET; THENCE S.87dI5'50"W., A DISTANCE OF 6.04 FEET; THENCE S.Od49'14"E., A DISTANCE OF 246.69 FEET; THENCE S.89d26'16"E., A DISTANCE OF 6.06 FEET TO THE POINT OF BEGINNING. \ 1, ;1 , - r I' '/ r 'v "-I ,') , ~ THE CITY OF BOYNTON BEACH, a political Subdivision of the State of Florida BY: Jerry Taylor, Mayor ATTEST: BY: Janet M. Prainito, City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this day of August, 2008, by , as the Mayor of the City of Boynton Beach, Florida, who did not take an oath. Notary Public Commission No. (Notary Seal) My Commission Expires: s ,\e A \EASEMENTS\Release of Easement.doc O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS 955 N.W. J7TH AVENUE, SUITE K-I PHONE (56J) 276-4:"01 DELRA Y BEACH, FLORIDA 33445 FAX (561)276-239(: JUNE 25, 2008 DESCRIPTION OF 12 FOOT SEWER EASEMENT TO BE ABANDONED: THAT PORTION OF THE 12 FOOT EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1017 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF MILITARY 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 19] AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NAd39'08"E., ALONG THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL (STATE ROAD 809), A DISTANCE OF 264.90 FEET; THENCE S.67d30'55"W., A DISTANCE OF 274.79 FEET; THENCE S.89d22'52"W., A DISTANCE OF 297.29 FEET; THENCE S.59dI2'16"W., A DISTANCE OF 278A4 FEET TO THE POINT SHOWN AS POINT "A" OF SAID EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1017; THENCE NA9d06'53"W., A DISTANCE OF 110.62 FEET TO THE POINT OF BEGINNING; THENCE N.24d52'35"E., A DISTANCE OF 6.24 FEET; THENCE NA9d06'53"W., A DISTANCE OF 98.66 FEET; THENCE SAOd53'OrW., A DISTANCE OF 12.00 FEET; THENCE SA9d06'53"E., A DISTANCE OF 102.10 FEET; THENCE N.24d52'35"E., A DISTANCE OF 6.24 FEET TO THE POINT OF BEGINNING. 20D~ PAULD.ENGL . SURVEYOR & MAPPER #5708 ~!I r_j,p r \ l :~ ) f tv'); ~-r\ rr , 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING 5 AN EASEMENT FROM INTERNA TIONAL CHURCH 6 TRUST #1 TO THE CITY OF BOYNTON BEACH, FOR 7 WATER AND SEWER UTILITIES AND/OR OTHER 8 APPROPRIA TE PURPOSES INCIDENTAL THERETO, 9 ON, OVER AND ACROSS SAID PROPERTY; AND 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, it is the desire of the City to accept from International Church Trust #1 13 an Easement for water and sewer utilities, more specifically described in Exhibit "A" attached 14 hereto; and 15 WHEREAS, this Easement will allow ingress and egress and constructing, installing, 16 operating, maintaining, repairing, altering and replacing potable water and sanitary sewer 17 improvements by the City of Boynton Beach; and 18 WHEREAS, the City Commission upon recommendation of staff, deems it in the best 19 interest of the health, safety, and welfare of the citizens and residents of the City and 20 appropriate to accept the Easement from International Church Trust # 1 to the City of Boynton 21 Beach, Florida, a copy of which is attached hereto and made a part hereof. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby accept the Easements from International Church Trust #1 to the City of Boynton S,\CA\RESO\Agreement!ilUtilitie!ilTrinity Church Easement.doc 1 Beach, Florida, for water and sewer utilities and/or other appropriate purposes incidenta' ") thereto, on, over and across said property. a copy of said Easement is attached hereto as " Exhibit "A". .) 4 Section3. This Resolution shall become effective immediately upon passage. S PASSED AND ADOPTED this ______ day of August, 2008. 6 7 CITY OF BOYNTON BEACH. FLORIDA 8 9 -~ ._~~-"~ 10 Mayor ~ Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 -- 19 Commissioner - Woodrow L. Hay 20 21 -~~- 22 Commissioner - Marlene Ross ," ~,) 24 ATTEST: 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 (Corporate Seal) "', -,- s ,C\'.RES( l\Agreemento\l!tilioe,Hrinity Church La,emenlJuc i I II EASEMENT THIS INDENTURE made this S-jJL day of August, 2008, by International Church Trust #1, a trust existing under the laws of Florida and having its principal place of business at 7255 South Military Trail, Lake Worth, Florida 33436, first part, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so adm its or requires) WITNESSETH Whereas, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: Legal Description: See Legal Descriptions attached hereto as Exhibit "A" and Exhibit "B" and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said Property, and, WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement, on over and across the above-described property for said purposes. CITY shall ensure that all of the first party's property disturbed and used by CITY pursuant to this Easement is returned to its original condition by CITY as of the date CITY commenced such I use, at the CITY'S own cost. This includes repair of damage to any irrigation damaged dunn!:, the construction, and the replacement of any landscaping damaged or removed as part tlj till' CITY'S installation of the improvements. IN WITNESS \\THEREOF, the first party has caused these presents to be duly executed 1Il1b name and its corporate seal to be hereto affixed, attested by its proper officers thereunto du!\ authorized, the day and year first above written. Signed. sealed and delivered In the presence of: , . " ~ CC l( Llf_TA".; )l~':;--- By: ~_'__nm_ n_~_ Sigmitu. e v ,. --~ L. // Zf l bt"/ 1\ ".h n l""-S', BY _, L--'-=-- .__..___._____~__+_-- I'r' om', ~W~~ / '. -_::Ie I Sign , ~4tS:{t;;t/t<;,lIi/ _, ._ ~ ___ ___m___________ Print ame STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknO\vledgments, personally appeared DANA BEYER. \\ ell known to me to be the trustee of the Trust named as first party in the foregoing Easement and that they acknowledged executing the same in the presence of a subscribing witnesses freely and voluntarily. under authority duly vested in them by said Trust. __ WITNESS gJ,Y hand and official seal in the Country and State last S";"; d ' f /f ,- C" AD '008 n___~ ay 0 __ tl l:o v I .., _ ._~:, "",~:1!n /lIZ ~7!4tt;:~~ ,,/ 'Not~y Public in and for the State and County aforesaid. My commission expires: NOIARY PUBUC-ST:\JI OF LORID!", ~ Lynn M, Swanson Commission # DD478174 Expires: NOV. 17, 2009 ~j,~,cl~.:.,.:i Thn~ At-lantic RGllri;:~',~ rn" Ine O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS 955N.W.17THAVENUE,SUITEK-l PHONE (561) 276-4501 DELRA Y BEACH, FLORIDA 33445 FAX (561)276-2390 JUNE 25, 2008 DESCRIPTION OF NEW 12 FOOT WATER MAIN EASEMENT, CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PLAT OF MILITARY 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 191 AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.3d28'49"W., ALONG THE WEST LINE OF SAID PLAT OF MILITARY 10, A DISTANCE OF 241.22 FEET; THENCE S.88d32'54"W., A DISTANCE OF 55.99 FEET; THENCE N.Od41'47"E., A DISTANCE OF 55.29 FEET; THENCE N.Od03'55"W., A DISTANCE OF 263.81 FEET; THENCE S.89d01 '49"W., A DISTANCE OF 116.28 FEET; THENCE N.Od49'14"W., A DISTANCE OF 259.04 FEET TO A POINT DESCRIBED AS POINT "E" OF THE 12 FOOT WATER MAIN EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1018; THENCE S.87d15'50"W., A DISTANCE OF 33.00 FEET TO THE TERMINUS POINT OF SAID EASEMENT AND THE POINT OF BEGINNING FOR THIS EASEMENT; THENCE N89d45'06"W., A DISTANCE OF 138.52 FEET; THENCE S.Od20'41"E., A DISTANCE OF 262.35 FEET TO THE TERMINUS POINT OF THIS EASEMENT. THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ALL ANGLE POINTS AND TO TERMINATE AT THE WEST END OF THAT CERTAIN EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1 0 18 AS PREVIOUSL Y DESCRIBED ABOVE. \?A OD~ PAUL D. ENG SURVEYOR & MAPPER #5708 ~ XH ,.(5,..,- ll,4 IJ O'BRlEN, SUITER & O'BRIEN, INC. LAND SURVEYORS 955 N.W. 17TH A VENUE, SUITE K-l PHONE (56]) 276-4501 DELRA Y BEACH. FLORIDA 33445 FAX (561) 276-2391l JUNE 25, 2008 DESCRIPTION OF NEW 12 FOOT SEWER EASEMENT: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF MILITARY 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 191 AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NAd39'08"E., ALONG THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL (STATE ROAD 809), A DISTANCE OF 264.90 FEET; THENCE S.67d30'55"W., A DISTANCE OF 274.79 FEET; THENCE S.89d22'52"W., A DISTANCE OF 297.29 FEET; THENCE S.59d12'16"W., A DISTANCE OF 278A4 FEET TO THE POINT SHOWN AS POINT "A" OF SAID EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1017; THENCE NA9d06'53"W., A DISTANCE OF 110.62 FEET TO THE POINT OF BEGINNING: THENCE N.24d52'35"E., A DISTANCE OF 6.24 FEET; THENCE N.81d07'57"W., A DISTANCE OF 206.97 FEET; THENCE S.8d52'03"W., A DISTANCE OF 12.00 FEET; THENCE S.81d07'57"E., A DISTANCE OF 203.53 FEET; THENCE N.24d52'35"E., A DISTANCE OF 6.24 FEET TO THE POINT OF BEGINNING. _Q~D~ PAUL D. 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XII. - LEGAL - 1st Reading ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August 19, 200S August4,200S (Noon) D October 21 , 200S October 6, 2008 (Noon) D September 2, 2008 August lS, 2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) 0 September 16, 2008 September 2, 200S (Noon) D November IS, 200S November 3,2008 (Noon) 0 October 7, 2008 September 15, 200S (Noon) D December 2, 2008 November 17, 2008 (Noon) 0 Announcements/Presentations D City Manager's Report NATURE OF 0 Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business D Public Hearing D RECOMMENDATION: Please place this request on the August 19, 2008 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission on August 5,2008, approved this request under Public Hearing along with the related ordinance (on First Reading) for amendments to use provisions of the M-1 Zoning District. This proposed amendment was described within Memorandum No. 08-062 but is best processed within a separate ordinance. For further details pertaining to this request, see attached Department Memorandum No. 08-062. EXPLANATION: PROJECT: M-1 Industrial Zoning District - Corridor Uses (CDRV 08-003) AGENT: City initiated DESCRIPTION: Request for an amendment to the Land Development Regulations, Chapter 21. Zoning, Section 5.8., Signs Allowed in Industrial Zoning Districts, to reduce the maximum height of freestanding signs from twenty (20) feet to ten (10) feet. PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: 12~ Develop City Manager's Signature "- Assistant to City Manager ~ 4/{) ~ ~- ,. ~ Planning and z~ rrector City Attorney / Finance S:\Planning\SHARED\WP\sPECPROJ\CODE REVIEw\CDRV 08-003 M-1 Corridor uses\Agenda Item Request M-I Indusl zoning dist CDRV 08-003 8- 19-0S.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , j I ORDINANCE NO. 08- , - 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 41 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 21, ARTICLE IV, SECTION 5 6 "SIGNS ALLOWED IN INDUSTRIAL ZONING 7 DISTRICTS", BY AMENDING SUB-SECTION B TO 8 REDUCE THE MAXIMUM HEIGHT OF FREEST ANDING 9 SIGNS FROM TWENTY (20) TO TEN (10) FEET; ]0 PROVIDING FOR CONFLICTS, SEVERABILITY, II CODIFICATION AND AN EFFECTIVE DATE. ]2 13 14 WHEREAS, the Director of Planning and Zoning has recommended amendment to the 15 City's sign code to reduce the maximum height of signs in the M-l zoning district ['rom twenty 16 (20) to ten ( 10) feet: and 171 WHEREAS, the City Commission has considered the recommendations and has 18 I determined and finds that the reduction of maximum sign height is beneficial and will not 19 adversely impact business in the M-l zoning district. 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 0 2 I I THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2211 Section 1. The foregoing whereas clause is true and correct and is now ratified and , , " I confinned by the City Commission. ___'I i '" .1 S eeti on 2. Chapter 2 I. article I V. Section 513 0 f the L and Development Reg ulat ion s 251 of the CIty of Boynton Beach Code of Ordmances IS hereby amended as follows: i I t '6 i Section 5. Signs allowed in industrial zoning districts. - I ! \ "7 I The following signs are permitted and regulated in industrial zoning districts: - I, I ~ I 28 I! A. One ( 1 ) real estate sign advertising that a premises is for sale. rent or lease may be 29 I placed on the premises and shall not exceed thirty-two (32) square feet in area. nor six (6) feet I 30 i in height. One (1) such sign is permitted for each street frontage. i I 'I I B. One ( 1 ) freestanding sign. not exceeding sixty-four (64) square feet in area, adwrtising -' I 32 I activity occurring on the premises. This sign shall be predicated on the basis of one half ( ~2) " I square foot of sign area for each one (I I linear foot of street frontage, with a maximum height 34 I oft-wenty (20) ten ( 1 0) feet. 35 ! I ~ r i - I- s ,CA\C!rdmanees\L DR Changes'Amendmg L DR - Chapter:' 1 i 5b SICI!\S) duc , I I ] Section 3. Each and every other provision of the Land Development Regulations 2 not herein specifically amended, shall remain in full force and effect as originally adopted. 3 Section 4. All laws and ordinances applying to the City of Boynton Beach in 4 conflict with any provisions of this ordinance are hereby repealed. 5 Section 5. Should any section or provision of this Ordinance or any portion thereof 6 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 7 remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. 9 Section 7. This Ordinance shall become effective immediately. 10 I FIRST READING this _ day of ,2008. ] ] SECOND, FINAL READING AND PASSAGE this _ day of ,2008. ]2 ]3 CITY OF BOYNTON BEACH, FLORIDA 14 ]5 16 Mayor - Jerry Taylor ]7 18 19 Vice Mayor - Jose Rodriguez 20 I 21 22 Commissioner - Ronald Weiland n 24 25 Commissioner - Woodrow L. Hay 26 n 28 Commissioner - Marlene Ross 29 ATTEST: 30 31 32 Janet M. Prainito, CMC 33 City Clerk 34 35 36 (Corporate Seal) 37 - 2 - I II S \CA\Urdinanees\LDR Changes\Amending LDR - Chapter 21 (5b SlGNS) doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISJON MEMORANDUM NO. PZ 08-062 TO: Chairman and Members Planning and Development Bf~ FROM: Michael W. Rumpf 1&0 Director of Planning and oning DATE: June 16, 2008 SUBJECT: CODE REVIEW / CDRV 08-003 Establishing corridor uses within the M-1 zoning district. NATURE OF PROPOSED AMENDMENT Staff is proposing an amendment to the Land Development Regulations (LDRs), Chapter 2. Zoning, Section B.A. M-1 Industrial District, to establish a new subsection with provisions/regulations applicable to industrially-zoned properties that front a collector or arterial roadway. The proposed amendments would 1. Allow selected commercial and retail uses on properties that are zoned M-1 and located along principal corridors; 2. Allow selected industrial and other uses with retail or commercial components along such corridors; and 3. Exclude heavy or non-complementary industrial and commercial uses from these corridors. The proposed amendments would increase the availability of service or retail businesses to residents within the southern end of Congress Avenue, increase tenant options for property owners, prevent negative impacts to the aesthetics of the corridor from industrial uses, and maintain industrial-zoned property within the City. Furthermore, the proposed amendments would be consistent with recommendations from the 2006, M-1 Zoning District study (a.k.a. Mellgren Study), and begin implementing changes proposed within Group 2 of the LDR rewrite project. BACKGROUND The M-1 Zoning District and the topic of industrial lands have been receiving considerable attention, in part, due to availability of industrial lands, proximity of M-1-zoned property along one of the "entrances" into the City (Congress Avenue), and petitions to add non-industrial uses to this district. Despite the recent amendments to the M-1 Zoning District, such as the addition of gymnastic centers and car washes, this district remains the City's sole conventional zoning district available to industrial uses. This district allows for a range of industrial and heavy commercial uses, ranging from the manufacturing of textile, rubber, and plastic products to the servicing and cleaning of septic tanks and sewer systems. The district accommodates large facilities such as millwork and truss plants as well as various compact and innocuous businesses such as an ambulance dispatch service, therefore, not all uses would be appropriate for properties along major roadway corridors. With an emphasis on land use compatibility, aesthetics and supply, the 2006 M-1 Zoning District study generated recommendations that, in part, addressed the preservation of industrial lands, expansion of opportunities for industrial uses, and impacts upon residential land uses and rights-of-way. These recommendations were considered in its drafting of the zoning matrix, as part of the current LDR rewrite project. The zoning matrix was presented to the Board and Commission in May and June, respectively, as Group 2, Part 1 of the LDR project. The subject amendments are principally a codification of excerpts from the proposed matrix, with some additions based on public input received in connection with the preferred uses for, and leasing constraints of one of the M-1 zoned properties located on S. Congress Avenue. Although these amendments would increase competition for limited industrial lands, contrary to the typical position of staff, they represent the balancing of several factors including findings from planning exercises and leasing issues raised by a landowner. Page 2 CORY 08-003 ANAL YSIS The proposed amendments to the M-1 Zoning District mainly consist of the following three main parts: 1. Provisions that allow selected commercial and retail uses on properties located along collector and arterial roads; 2. Provisions that accommodate selected industrial uses with a retail component on corridor properties; and 3. The exclusion of selected industrial uses from properties along such roadway corridors. The proposed recommendations also include a code amendment to further support the appearance of corridors that are subject to industrial zoning. 1. Provisions for selected commercial and retail uses These amendments include the addition of selected commercial and retail uses to the M-1 District, limited to properties with frontage along a collector and arterial road. This aspect of the proposed amendments addresses both the lack of basic servicelretail uses in this area of the City and the higher real estate values of properties at such locations. It also helps to reduce the necessity of, or interest in rezoning the M-1 zoned properties along S. Congress Avenue. The 2006 study was preceded by a study of the specific industrial area located along S. Congress Avenue. This study was conducted by planning staff in 2002, and interestingly, it revealed that over 66% of the businesses approved within the study area and under the retail trade ISCS use category, were for businesses located along Congress Avenue. Furthermore, with the rezoning of two ,large industrial parcels at the south end of Congress Avenue for residential developments, an additional 472 dwelling units were added to this area. With now over 2,200 dwelling units located south of the LWDD L-28 Canal, and the lack of commercial zoning in this area, there is support for the addition of basic convenience stores to serve nearby residents and local employees. This aspect of the amendment supports "smart growth" and green initiatives as it should result in the reduction in total vehicle miles traveled on the roadway network. As indicated above, the subject amendment will also increase the use options for properties located along the corridor, thereby increasing the ability to lease vacant space and decreasing the necessity for rezoning of the subject industrial properties. The following table lists those commercial and retail uses that are proposed for addition to the M-1 Zoning District, where the district abuts a collector or arterial road. Pro osed Commercial and Retail Uses' . Fumiture & home fumishin Hardware store Marine accessories Martial arts, nastics, and dance studio Pet care roomin Pet care board in & da care Pet care veterinarian services Postal/mail center Restaurant, take-out Florist Swimmin oolsu lies & accesso clean in indicates conditional use approval required and minimum separation of 300 feet from residential-zoning property. 2 Food providers or servers shall not be allowed seatsltables to accommodate on-site consumption. 3 Indicates that uses must be located within a multi-tenant building. 4 Max. size per use is 5,000 sq. ft.; convenience stores and take-out restaurants shall be a maximum of 2,500 sq. ft. S Indicates that the sale of used merchandise is only allowed if as accessory to the sale of new goods. 2. Provisions for selected industrial uses on corridor properties under certain conditions The specific intent of this group of changes is to recognize that some industrial business may also include a retail component that provides direct service or product to the public. Therefore, the selected industrial businesses indicated below would be allowed on properties located along such a roadway corridor, .if the use includes a commercial or retail component. Such uses would contribute to the service and retail amenities of the roadway corridor. Such uses would be required to have a "walk-in" Page 3 CDRV 08-003 service component, including an indoor showroom or retail space consisting of a minimum of 250 square feet (for businesses 25,000 sq. ft. or less). For businesses that are greater than 25,000 square feet, the minimum required showroom/retail space is proposed to be a fraction (1 %) of the total area of the business. For uses that would provide food products and beverages, no seats or tables wouid be allowed to accommodate on-site consumption. This stipulation would filter out uses which tend to operate like a restaurant, which typically operate more parking-intensive. This restriction would also support possible future parking regulations tailored for this unique industrial area. The table beiow lists those industrial uses that are proposed to be allowed along a corridor if they contain the above- described commercial and/or retail component: onent1 ~._.~ ----."-- _ --------; i ---i ! _.~.- --- ..-- ----- I .--_...- retail --- III. Stora e/DistributionlWholesale Buildin materials 8.A.1.c.4 Ornamental, china, fine earthenware, & I Heating, cooling, etc. (8.A.1.c.7) I Pumps, generators etc. (8.A.1.c.6) -. I I IV. Other4 -- -- Recording and motion picture studios I Research & Developmen I I I 1 Excluding any outdoor storage of materials, equipment, or merchandise. 2 Indicates conditional use if involving treatment, storage, or processing of human or animal bodies or parts. 3 Food/beverage mfgs and servers shall not be allowed seats/tables to accommodate on-site consumption. 4 Indicates uses that are not required to have showroom/retail space. The above-listed uses are currently allowed in the M-1 District; however, the proposed amendment would restrict them from corridor properties unless they have the required commercial component. 3. Industrial uses to be excluded from corridor properties As indicated above, not all industrial uses that are allowed in the M-1 Zoning District, due to intensity of operation, are appropriate for properties along major roadways. Congress Avenue is classified as a "principal arterial" road, and serves as a primary southern entrance into the City. Generally, heavy commercial and industrial uses are consolidated in areas that are isolated from commercial nodes and public view; however, since the early 1970's, this area of S. Congress Avenue has been zoned for industrial use, and therefore has generally allowed all uses allowed within the M-1 Zoning District. Therefore, all other uses not specifically listed in the two groups above would be excluded from corridor properties. Although not all uses to be excluded are equally intense, several uses would be prohibited as they would not contribute to the retail/service objective of these amendments. Examples Page 4 CDRV 08-003 of such uses include the following commercial services or use groups: major auto repair and boat repair, medical or dental laboratories, technical and trade schools, pest control, lawn/landscape service, storage/warehousing and self-storage ( excluding pre-existing facilities), vehicle and equipment storage, and any outdoor storage of supplies and merchandise. A few examples of the relatively more intense industrial uses to be excluded from corridor areas would include prefabricated sheds, asphalt paving and roofing, petroleum and petroleum products, and those others uses currently prohibited in the M-1 Zoning District Regulations. Staff would recommend that those pre-existing self- storage businesses existing along the corridor, be excluded from these regulations, thereby allowing their continued existence, and minimizing the creation of non-conforming uses. Other recommendations Both the M-1 Zoning District Study and "in-house" corridor study identified the importance of design regulations to improve/protect corridor appearance. Specifically, the zoning district study recommended that applicable sign regulations be strengthened to provide for continuity and compatibility, that general appearance standards are adopted to influence architectural style, color and building materials, and that the code is evaluated for appropriate regulation of relevant site non- conformities involving, in part, parking and landscaping. As part of this interim amendment, staff recommends that the sign regulations applicable to mdusttiel zoning districts are changed for greater similarity with commercial sign regulations. Past sign code updates have excluded amendments to those regulations applicable to the M-1 Zoning District, leaving the maximum height allowed at 20 feet. Staff recommends that the maximum height allowed for freestanding signs for industrial uses, as indicated in the LDR Chapter 21, Article IV, Section 5.B, be reduced to 10 feet. Staff acknowledges that this amendment would cause many existing signs along the corridor to become non-conforming; however, site sign age greatly impacts roadway aesthetics thereby explaining its emphasis in the Mellgren Study, and justifying the proposed recommendation. Such sign regulations would only be applicable when such properties are redeveloped, or if such non- conforming signs are damaged to a certain extent and to be repaired or replaced. With respect to other appearance regulations, staff will continue its consideration of the other applicable recommendations from the zoning district study as part of the greater LDR rewrite project, including appropriate separation of selected industrial uses from residential areas. SUMMARY/RECOMMENDATIONS It should be stated that properties originally designed for industrial uses, may not have sufficient parking to support significant retail and commercial uses. Such use for more parking-intensive businesses shall be reviewed on a case-by-case basis when modifications or business tax certificates are requested. Secondly, titles of the uses listed herein, or in current zoning regulations, may be modified as part of final adoption to avoid conflicts or inconsistencies in terminology. Lastly, the subject amendments do not emphasize office/professional uses, as desired by one party who provided input on this project. The specific request is for similar provisions as included in the C-1 Zoning District regulations, to accommodate all office/professional uses, particularly within upper floors which are more difficult to lease. Such uses are not proposed to be accommodated to that extent, as such uses would compete for the limited M-1 zoned property existing along the corridor, contribute less to the local service needs anq objective than those proposed uses, and further the demand for limited parking resources. Staff acknowledges that this may appear contrary to the benefit stated above regarding increasing leasing options; however, for the reasons stated herein staff recommends that this extensive use group not be included in the subject amendments. Staff recommends that the proposed amendments be approved, to begin implementing recommendations from the M-1 Study, and to speCifically adopt regulations that both support industrial zoning in the city and prevent the negative impacts from industrial uses on roadway corridors. MR S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 08-003 M-1 Corrtclor uses\Staff Reportdoc