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Agenda 05-05-09 The City of 80 nt n Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA MAY 5, 2009 Jerry Taylor Mayor - At Large Ron Weiland Commissioner - District I I j Woodrow Hay Vice Mayor - District II Jose Rodriguez Commissioner- District III Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherot City Attorney DISTRI T I 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 May 5, 2009 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Student from St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: 1. Friday, May 15, 2009 -- FREE concert at Oceanfront Park located at 6415 N. Ocean Blvd. featuring R & B music by Strictly Business from 6 p.m. to 9 p.m. Food and drink vendors will be available. Parking onsite or park and ride the free shuttle from Bank of America. C. Presentations: 1. Proclamations a. Municipal Clerks' Week - May 4-9, 2009 b. Water Safety Month - May 2009 c. National Public Works Week - May 17-23, 2009 2. Presentation a. Presentation by Steve Abrams, County Commissioner (District 4) 1 Revised Agenda Regular City Commission Boynton Beach, FL May 5, 2009 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 Cheryl Arflin as a regular member of the Arts Commission. B. Appointments Appointment To Be Made Board Length of Term Expiration Date IV Ross Mayor Taylior Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Alt Alt 1 yr term to 12/09 Tabled (3) 1 yr term to 12/09 Mayor Taylor Cemetery Board Alt 1 yr term to 12/09 Tabled (2) 1 yr term to 12/09 Tabled (2) IV Ross Code Compliance Board Alt IV Ross Mayor Taylor Education & Youth Advisory Board Education & Youth Advisory Board Alt Stu N/V Alt Alt 1 yr term to 12/09 1 yr term to 12/09 I Weiland II Hay Senior Advisory Bd Senior Advisory Bd 1 yr term to 12/09 1 yr term to 12/09 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. Regular City Commission - April 21, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Approve piggyback of the Jacksonville Electric Authority (JEA) contract #82768 Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines in the Sandpiper Cove and Leisureville communities for a project cost of $136,091.91 with a 10% contingency of $13,609.19 for a total project cost of $149,701.10. 2 Revised Agenda Regular City Commission Boynton Beach, FL May 5, 2009 2. Approve a piggyback of RFP #08-11-13-2, City of Aventura, FL with American Traffic Solutions (ATS) of Scottsdale, AZ for a Traffic Safety Camera Program. C. Resolutions 1. Proposed Resolution No. R09-07l RE: Approving and authorizing execution of a revised Perpetual Access Easement, Maintenance Agreement and Declaration of Restrictions between the St. Andrews Club and the City of Boynton Beach for Lift Station 101. 2. Proposed Resolution No. R09-072 RE: Ratifying action taken by the South Central Regional Wastewater Treatment and Disposal Board on April 16, 2009. a. Authorization to increase the Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2008/2009 to .2663/1,000 gallons. b. Authorization to enter into an Agreement with the City of Boynton Beach for Reclaim Water D. Accept the attached Analysis of Revenues & Expenditures (General Fund and Utility Fund) for the six months ended March 31, 2009. E. Accept the monthly report on major projects being completed by the Recreation and Parks Department. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None 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. None IX. CITY MANAGER'S REPORT: A. Update and Project Deferral Recommendation for Capital Improvement Program. 3 Revised Agenda Regular City Commission Boynton Beach, FL May 5, 2009 B. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Ocean Gate General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of 10% in the amount of $192,500 for a total expenditure of $2,117,500. (Proposed Resolution No. R09-073) C. Continued Discussion on 2010 General Fund Budget Policy Items X. FUTURE AGENDA ITEMS: A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum (Deferred pending future grant opportunities) B. Report on cost sharing options for take-home vehicles (In conjunction with continued budget discussions) 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. 09-022 RE: Approving the creation of Article VIII in Chapter 26 of the City's Code governing the usage, cost and operation of the reclaimed water system within the City's utility service area. 2. Proposed Ordinance No. 09-023 RE: Amending Land Development Regulations, Chapter 21, Article III, Section 6 "Special Signs", by amending Sub-Section F to clarify where Temporary Banners may be placed. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 09-024 RE: Amending Part III, "Land Development Regulations", Chapter 1, Article VIII, to add a new Section 4 "Expedited Development Review Program". 4 Revised Agenda Regular City Commission Boynton Beach, FL May 5, 2009 D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE ClTY. PLEASE CONTACT PAM WELSH, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Revised Agenda 5/05/09 12:30 p.m. S:\CC\WP\CCAGENDA\AGENDAS\Year 2009\050509 revised.doc 5 III.-ANNOUNCEMENTS & PRESENTATIONS Item B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Fornl Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates e l 7,2009 21 2009 o June 2, 2009 AnnouncementslPresentations NATURE OF AGENDA ITEM 0 RECOMMENDATION: Announce the upcoming Oceanfront Conceit. EXPLANATION: On Friday, May 15,2009, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present an Oceanfront Concert, featuring the R & B music of Strictly Business and Felicia. This FREE conceI1 will take place from 6:00 PM to 9:00 PM at Oceanfront Park located at 6415 N. Ocean Blvd, Ocean Ridge. Food and Drink vendors are available. Please bring your folding chairs and be prepared to dance the night away. Parking onsite or park and ride the shuttle from the Bank of America on the corner of US 1 and East Ocean Avenue. The shuttle lUns from 5:30 PM - 9:30 PM. PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: tu~ ~u?~ - ent Head's Signature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC ~ (, CEANFRONT J~ . ...........- r t -..r--.--s-} .--- .-e..-O-(:'--- . ". ........... .. .e ..... .....I...e... Boynton Beach OCEANFRONT CONCERT SERIES Bring the Entire Family... FREE CONCERTS Oceanfront Park - 6415 N. Ocean Blvd. On AlA, just North of Ocean Avenue bridge. Park on site, or ride the free shuttle - park at Bank of America on the corner of East Ocean A venue and Federal Highway. Shuttle runs from 5:30 PM to 9:30 PM. Bring your folding chairs and prepare to dance the night away! Food & Drink vendors available. Please leave pets at home! For Information call: 561-742-6246 or 737-3256 www.boyntonbeachcra.com RY~8ll0~ . I ! HI' I,' ')1 \ , f r f ~'\ ' East Side-West S',de-Seaslde Renaissance III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office D April 21, 2009 April 6, 2009 (Noon) D June 16, 2009 June 1, 2009 (Noon) X May 5, 2009 April 20, 2009 (Noon) D Julv 7, 2009 June 15,2009 (Noon) D May 19, 2009 May 4,2009 (Noon) D July 21, 2009 July 6, 2009 (Noon) D June 2, 2009 May 18, 2009 (Noon) D August 4, 2009 July 20, 2009 (Noon) X AnnouncementslPresentations D City Manager's Renort NA TURE 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: Proclaim the week of May 3 through May 9, 2009 as "Municipal Clerks Week". EXPLANATION: In 1969, the International Institute of Municipal Clerks (lIMC) initiated Municipal Clerks Week to recognize the important role of Municipal Clerks in local government. Clerks help to administer the laws and services that directly affect the daily lives of our citizens. They are dedicated professionals who play an instrumental role in maintaining the efficiency and effectiveness of the public sector. PROGRAM IMP ACT: None FISCAL IMP ACT: None AL TERNA TIVES: The alternative to this recommendation would be to not issue this proclamation. 1 ~ . . /i . k qL<......."- City Manager's Signature Assistant to City Manager Chrf-, Department Name City Attorney / Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government. exists throughout the world; and I WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local I I governing bodies, and agencies of government at other levels; and I I WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering I equal service to all. WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, province, county, and international professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk, NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do recognize the week of May 3 through May 9, 2009 as "MUNICIPAL CLERKS WEEK" and further extend appreciation to our Municipal Clerk, Janet M. Prainito, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. I IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 5th day of May in the Year 2009 I -----~,.- Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) [II.-ANNOUNCEMENTS 8r. PRESENTATIONS Item C.l.b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office 0 April 21. 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1. 2009 (Noon) ~ May 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15,2009 (Noon) 0 May 19, 2009 May 4, 2009 (Noon) 0 July 2 J, 2009 July 6, 2009 (Noon) 0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon) ~ Announcements/Presentations 0 Citv Manager's Report NA TURE 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: Motion to approve the proclamation designating Mayas Water Safety Month and receive a short presentation about programs and activities at the John Denson Pool. EXPLANATION: In recognition of the popularity of swimming and other water-related recreational activities in the United States, and the resulting need for ongoing public education on safer water practices, including swimming lessons, the month of May has been designated as National Water Safety Month. PROGRAM IMPACT: National Water Safety Month is being celebrated at the John Denson Pool through educational programs, and the distribution of water-safety-themed material designed to prevent drowning and water related illnesses and injuries. Through these programs, we are able to provide important skill instruction and information regarding the dangers related to drowning incidents and encourages parents, caregivers and others to be aware of the hazards near swimming and water recreational facilities. FISCAL IMPACT: N/A AL TERNA TIVES: Do not approve the proclamation. Jl~;~aM' ~I~~ epartment Head's Signatu e Assistant to City Manager ~ Recreation & Parks Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC , I i I ! i , I PROCLAMATION I I WHEREAS, citizens of Boynton Beach recugnize the \ ital role that swimming and aquatic-n:lated activities relate to good physical and mental health and enhance the qualit: oflife for all people cllld WHEREAS. the citizens of Boynton Beach understand the essential I'llle that education regarding the topic of Water Safety pla:s in preventing drownings and recreational \vater-related injuries: and WHEREAS, the City of Boynton Beach is aware of the contributions made by the recreational water industry, as represented by the Association of Pool & Spa Professionals. the National Recreation & Park Association and the World Waterpark Association in developing safe swimming facilities. aquatic programs, home pools and spas, and related acti\ ities providing healthy places to recreate. learn and grow, build self-esteem, confidence and sense of self-worth which contributes to the quality of life in our community: and WHEREAS. the citizens of Boynton Beach recognize the ongoing efforts and commitments to educate the public on pool and spa safety issues and initiatives by the pool. spa. vvaterpark. recreation and parks industries: and WHEREAS. the citizens of Boynton Beach understand the vital importance of communicating Water Safety rules and programs to families and individuals of all ages, vvhether owners of private pools. users of public swimming facilities. or \ isitors to vvaterparks: I NOW. THEREFORE. L .ferr: Taylor. Ma:or of the Cit) of Boynton Beach do hereby declare the I Month of May. as I NATIONAL WATER SAFETY MONTH II and do urge all those in the City of Boynton Beach to sUPP0l1 and promote this observance. IN WITNESS WHEREOF. I have hereunto set mv hand and caused the Seal of the City of Bovnton Beach to be affixed at Bovnton Beach, Florida on tilis 5111 da) uf May. 2009. .' .Ierr) laylor. Mayor ATTES 1: ----------~--------~- .Ianet M. Prainito. City Clerk II (Corporate Seal) I en ~ :S ~ co c: CL ~ C -0\ ~ (]) c ~ co; t: co (j) h< ~. (/)0 c 0 .. ~ N ~ ~ ~~~; ~~ ~ CO . ,,'''' 0)0 ............ co ~ c: U .0 ()) ~ ~ .~ ~ ~ ,; ..,. .., .~";".,,, <.";,<:.;,, \ - o ~, \.J: CL C 0', t4' .." -,.-" I en ~ c .".......,.. Q) 0,' .' (/) . (]) 0) ".;::i c I 6'~ E ~ o E . Q) C N g J:: co 5-"-' . ,-- c: \J' ......J ro .............. . - .... 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(]) (]) CJ) c ."'.' -+-' (]) co l; I.'" f '+- '"" (]) "". .....,........,........ .. _ \V '-- . .... ......" ---I -0 '-- () . "~:"JI' o (]) 0 I.... s...... -+-' -+-' (]) J I , o CJ) CO..c IJ~.' $ .. - -+-' S -+-' C S () 0 I :J c. - en -+-' ~ -- co CJ) '" () Cl. .- ..a -+-' - C '-- ..c -+-' co () -0 Cl. co - co (]) .SQ N J- LL , III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.c CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office D A ril21, 2009 D June 16,2009 [8J 5,2009 D Jul 7,2009 D 19,2009 D 21,2009 Jul D June 2, 2009 D Jul [8J Announcements/Presentations D City Manager's Report NA TURE 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: Motion to approve Proclarnation for National Public Works Week - May 17-23,2009. EXPLANATION: National Public Works Week is scheduled to occur during the week of May 17-23,2009. This year's theme is "Revitalize. Reinvest, Renew" signaling a change in thinking and a new direction in practice. PROGRAM IMPACT: Opportunity to promote the diversity of Public Works and the positive impact of Public Works employees and services to the community. FISCAL IMP ACT: N/A AL TERNA TIVES: Not to approve the Proclamation. ~ ~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC ! I I I ,tlrotlamation II I I, , I II WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as public buildings, streets, solid waste collection, forestry & grounds, fleet maintenance, water and sewers and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works and Utilities officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works and utilities departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. WHEREAS, this year's theme "Pub/ic Works: The Future is Now'; centers on the pervasiveness of public works; and Now, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of May 17 - 23, 2009 as "NATIONAL PUBLIC WORKS WEEK" and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and utilities and to recognize the contributions which public works and utilities officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 5th day of May, Two Thousand Nine. I ~--- Jerry Taylor, Mayor City of Boynton Beach II ATTEST: City Clerk 1 (Corporate Seal) I III.-ANNOUNCEMENTS & PRESENTATIONS Item C.2.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Offi ce 0 April 21, 2009 Aoril 6, 2009 (Noon) 0 June] 6, 2009 June I. 2009 (Noon) 0 May 5, 2009 Aoril 20, 2009 (Noon) 0 July 7, 2009 June 15, 2009 (Noon) 0 May 19, 2009 May 4,2009 (Noon) 0 July 21, 2009 July 6, 2009 (Noon) 0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon) 0 Announcements/Presentations 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: Penn it Presentation EXPLANATION: Recently appointed Palm Beach County Commissioner Steve Abrams (Dist. 4) will make a brief presentation to introduce himself to constituents. PROGRAM IMPACT: The presentation will raise public awareness that Commissioner Abrams helps to represent Boynton Beach on the Palm Beach County Board of County Commissioners. FISCAL IMP ACT: None AL TERN A TIVES: Not penn it presentation fA/' ";/~. ~~~ 42~ Dep ent ead's 19nature City Manager's Signature Assistant to City Manager ~ >. Public Affairs Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC V. ADMINISTRATIVE ITEM A. . i~' CHERYL KIMBRELL ARFLIN 217 S.E. 26th Ave. Boynton Beach, Florida 33435 (561) 740-7877 May 5, 2009 Commissioner Jose Rodriguez Boynton Beach City Commission City Hall Boynton Beach, Florida RE: Resignation from the Boynton Beach Arts Commission Dear Commissioner Rodriguez: As my representative City Commissioner please accept my resignation from the Boynton Beach Arts Commission effective immediately. Boynton Beach is a wonderful city and the Arts Commission has and will continue to contribute much to the quality of life here. I am sorry I will be unable to complete my term, but please know that I will continue to support the cause. Sincerely, (/4 -:r! ~ cc: Mayor Jerry Taylor City Manager Kurt Bressner Janet Prainito, Boynton Beach City Clerk Q o4li =.4: -<6 Q'""r1 :......t'll:i ~;~ :;Jt.:->- :x:- u>~ :c e - l:;) ;;c: c:? -q o :!lr~ C7\ IC;;.~ ~ :::t: o ~ .::J: :::a. -< , U1 Cheryl K. Arflin V. ADMINISTRATIVE ITEM B. APPLICANT ELIGIBLE FOR APPOINTMENT 05/05/09 Last Name First Name 1 st Choice 2"0 Choice 3rd Choice Anton Steve Arts Com Gresh Thomas Recreation & Parks Bd. Tengbergen Sherie Arts Com 1 . VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.l. AGENDA ITEM REQUEST FORlVl Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office 0 April 21, 2009 Aoril 6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon) 0 May 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June l5, 2009 (Noon) 0 May 19, 2009 May 4, 2009 (Noon) 0 July 21. 2009 July 6,2009 (Noon) 0 June 2, 2009 Mav 18,2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE 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: Motion to approve piggybacking the Jacksonville Electric Authority (lEA) contract #82768 Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville Florida to rehabilitate the City's wastewater gravity main lines in the Sandpiper Cove and Leisureville communities for a project cost of $ I 36,091.91 with a 10% contingency of$13,609.19 for a total project cost of$149,701.10. Utility Staff along with Procurement Services have determined that the JEA bid has complied with Public Contract Bid requirements equal to or exceeding the City of Boynton Beach's requirements. EXPLANATION: There have been a number of minor sinkholes that have developed in both Leisureville along Leisureville Blvd. and within the Sandpiper Cove community. TV inspection has shown numerous cracks in the pipe causing infiltration as well as roots causing a problem with wastewater flow. The department would like to piggyback the JEA contract bid #WCS -066-07 with Insituform Technologies for pipelining the wastewater gravity mains in these two areas. The City has had great success with this method and with Insituform Technologies and would like to continue to utilize them with this project. Insituform will clean the existing pipe, install the cured-in-place (CIPP) pipe liner, reconnect the laterals and supply the City with completed inspection reports for a total cost of$149,701.10. The total cost is based upon a combination of linear foot and per individual unit pricing on the various services as per attached schedule of bid items. There will be no permit fees required or obtaining temporary access to easements related to this project. Attached is a cost proposal and the area where the work will take place as well as the JEA bid documents. PROGRAM IMPACT: The impact of this project will restore the identified pipelines within our wastewater system and reduce the amount of infiltration and inflow to our wastewater treatment plant, therefore reducing operational costs. It will also help to prevent pipeline failures by identifying the problems now and repairing them to avoid costly repairs in the future. FISCAL IMPACT: The total project cost is $149,701.10 which includes a 10% contingency to allow for unforeseen site conditions or quantity changes. The JEA contract had a dollar value of$9,000,000.00. Funding is available in account #406- 5000-590-65-04 SWR 064 Pipeline Rehabilitation. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TlVES: The trenchless technology methods being recommended are very cost effective and have the least impact on the many communities in our downtown area that will be affected by this project. Two possible alternatives are . The use of conventional excavation for this project which is more expensive. . Not taking actions to rehabilitate the wastewater system will continue to result in an increase in treatment and maintenance cos nd eventually serious system repairs including failures. ) 1'.-1 ~~. City Manager's Signature (>4~~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC FROM : FRX NO. : '3042804162 Feb. 23 2009 02:52PM P5 I ~ hwtufrWm' Tel: (904) 237-3426 6972 Business Park Blvd Fax: (904) 260-4162 ; : ;".,' ~ ;',:,. "': '\1,' ~':', ".. Jacksonville, FL.32256 www.insituform,com i ' i February 23/ 2009 Tohy. ~ombardi~ P~oject Marlager Fax; (561) 742-6298 City o~ Bo}mtorl Beach 124 East Woolbright Rd. Boynton Beach, FL 33435 , I I , RE: Sandpiper tove sewer Reconstruction Dear Tony, i I Insitufp~ Technologies, Inc em) is pleased to provide the folloWing proposal for the rehabilitation of sewers in i the Sa,ndpiper Cove Subdivision using "Cured-in-Place-Pipe" (OP?). These prices are based on our 2009 JEA i Annual Cqntract, which is available fot "piggyback" by t.he City of Boynton Beach. . I~P~~W~RKv. . I i I . I The sCo~ of wprk' indudes the following: '. Pre-Lirling' em Inspection , , . . Sewer bypass . CIPP Uning of sanitary sewers i . Reinstatement of Service Connections ~ i. .' Post-Lining CClV Inspection , , I : ' i I; LINSI~( UFORM TECHNOLOGIES RESPONSIBILInES: I I r , rrt will provide the following items. , 1.. Mobilizatio~ of personnel, equipment, and materials to the project site. 2.. c6mplete light cleaning of the pipe prior to lining. Light cleaning is defined as up to 3 passes with a standard jet nozzle. Any deaning beyond this would be oonsidered heaW- deaning and would be considered cha~ cdnditions.. 3. I CC1V1 inspection of the pipe immediately prior to lining. . I 4. I Inktall polyester resin impregnated CXPP liner in accordance wIth ASTM F1216 using either water or air/steam, ! i at the discretion of m. . ! 5. ~einstate all 5~ice connections as direc:t:ed by the Owner or their representative. 6.. em. inspecti(;m of the ~ipe immediately after the lining is complete. 7. I Provide our standard one-year warranty from date of installation, excluding any required warranty "TV inspection and/or testing and. certificate of Insurance with ~ndard coverage. l EXCEP:g~~~}. ".......- I I To facilitate our work, Insituform assumes the f()liowing is provided at no cost: I I ~ L Provide aU necessary permits and construction easements. 2l ~rovjde access to and use of fire hydrants and/or sufficient water to cornplete flushing and CIpp irtstallatioh. . Access to a fire hyqrant or equivalent water supply will be within 500' of the installation ~te. Bury and/or r'amp fire hose as n$eded. ' : 3. The cond~ion of the pipe is the responsibility of the Owner. Any cost fer obstruction removal, protruding I tap ~moval that cannot be completed via conventional cutting equipment:, point repairs, or excavation shall be by others. FROr1 : '="q:x tJO. : 30428041 b~' .=:,,', .:IJ09 ,;r?: ::2~' . Page 2 ---.... -~,._,~. -----------.--.--.,-.-----.-------..'.-----.---- 2{2312009 _~.. _L....~...__--'. 4. provide a secure yard or faality for the overnight and weekend storage/parking of Insituform trucks and equili>ment. 5. Provide bypcss for flows exceeding m's bypass ~'stem described above. 6. Provide any individual business or residential bypassing during the lining. 7. If an~ of the pipes are damaged during any industry standard high-pressure jet cleaning operations, preparation or lining, the repair of the pipe is the responsibility of other5. If subsequent cleaning is requ,red to remove debris that has fallen into the pipe as a result of arw such collapse or repair, this would also pe tlw responsibility of others. 8. Direct m which service connections must be reinstated prior to final CC1'V inspection. 9. Locate and uncover all manholes assocIated with the project. Provide equipment and/or personnel access to all manholes as required by our work plan. to. ppint repairs 11. Conl!act bonds. Add 1.5% to all prices if standard one-year bonds will be requi~ 12. Rembval and disposal of any hazardous or toxic materials encountered during the project 13. Any holiday work, rush delivery or adverse weather work (as defined by Insituform) 14. Complete independent testing of liner samples from each Installation. Certified PE stamped Designs l PRlONQ .. - ----- lnsituform propose<.:i the following pricing for the scope of services described herein: Item DesCriDtlon Unit ot.v Unit Price Total Price 1 i 8" x IS mm app LF 1,665 $215.80/1f $44,622.00 ,. I 2 10M X 6 mm CIPP LF 887 $31.20/If $27,674.40 3 Light clean & TV LF 2,552 $3.50/lf $8,932.00 - 4 Service reconnection Each 21 $17S.00jea $3,675.00 I 5 Root removal LF 1,000 $3.40flf $3,400.00 , I------~ --.- -- I-- 6 GeMral conditions Each lJ=-=~~~~ $1,324.55 .' TOTAL I $89,627.95 h .. ~ -' Pric.ina Notes: 1. The price presented i~ b~sed upon 1 mobtllzatlon and the entire scope of work. Modifications to the scope of work may result in a changq in price, 2.' Payment terms are net 3D, with no retainage. 3. Price does not indude bonds, taxes or special iflSl,lr'anc~ $1.Id1 al; OCP, Builders Risk or Non-contributory. 4. Prices assumes appropriate wage rates. m is not a union shop and has not assumed any union assistance. 5, This prbposal is valid for 30 days, unless otheIvJjse extended by m. 6. rn reserves tho right to complete financial background checks on the OWller/GC to gain confidence in the ownerjGC's ability to pay m in a timely and complete fashion, If such background check results In a lack of confidence of complete and timely payment then m reServes the right to modify Our pfOpo>;al or dedde not to enter into agreement with the owner/Ge. 7. If lTI crews are delaYl!d on site for reasol'l5 beyond the COntrol of m then our standby time will be invoiced at ;;In hourly rate of $1,500 per hOUL 8. Any cleaning need requidng more than 3 pulls will be billed at a ~9otiated rate, Please do not hesitate to contact me with any further questions. Very truly yours, MMrr~ , eJ- .-- Ted Hotchkiss Business Development Mgr. FROM FAX ~~O. :'3042804162 Feb. 23 2009 02:53PM P7 Page 3 2/2312009 - .. i I Accepled !By: __ Date: I i I ! (signed) I Accepted IBy: ~_. litle: (printed) i ! , , . , LIMITI:P ~AR~TY: i -- .' ; IN LIEU ;01' AI..~ O"fIiER ~PRESSEO OR IMPLIED WARRANTIES, INCLUOING wAAAANTIj;S OF MltRCl'tANTA6ILITY AND FITNESS 1'Of'( A PARTICULAR PliIRPO~ CONTRACTO, AGREES TO CORRECT ANY DEFECT IN:THE MATERlAI,S OF! SatVlCES PfiCl\IIDEO BY CONTRACTOR WHICH ARE a~OUGHT TO ntE A'lieNTf()llj 0 CON1'RA(:TO WIl HIM V"ll; yeAR FO\'I.OW1NG COMPLETION OF CONTRACrOR'S WORK. PROVIDEO OWNER AFFORDS CONTRACTOR SUrrABLe ACCESS ANO WORKINIfl CO~OITI?NS . 0 ACC~MPLISII SUOI CORRECTION. 1 MuTUP,L ~LEAsIZ OF:CONSEOUE/llTIAI. OMlAGES: NeillW;~" 8lj811 M I11Ibl~ Ifl tho Mllmr tnr r.an';aqI.IlII'Ili~1 ~91!18 t1lIaling to Of Ill'lalnQ oul 0lll1e Conlraol ThI; i"'<)(maliC~ contained .n It'j$ IClttIN I~ Qr~inliVY Ie> '""iM9Im TIOd'lnc>i09ietl, ll'Ie. &i'Ia ttlall b& fetalned'by tIl8 recipient in oonfidtmcQ 'lnd !:/m1l".,1 be> pul>li!Ol'lttd or ~ee , di"clo...difo In~d ~",li"" wilhOut 1/1(j ff~ Wt'1tl8tl ccnll8r\l OIlnsiMoon TedYloloQie9, IrK'. TIll> fDf"SOirillthtlll.1'\01 pt8C:1u& 1M u1Ie of any dala IIIIllCh (I} we91n ft9 po8895RiQll wilt1::j rHtric:ti"'1 ;s. 10. ""~ prior It> rec6iPl Il$ ll/'CPrietaly Of IIle !lElI'IIeor 911li1ar dale Ir<lm 1n91MOlTn TlICIVlOlogie&, Inc., Oi) i$ or bOCQmQl; ilIIailllblo fmn1 " pLt!Iic SClLll'ce Or'l Q( EIfler aL.di r_pl fro.111mltulorm I (6Ct!I1olor;IS&; Inc. or (i.i) i~ o!;lt.;lin<1d by t"" r..,;piRnl fi-am.. thi-d party naf undat' abfigafion of confiClenfjfllily Q( olhef fll8triClicn wltll reepecllO U&e. 1 I ! FROM ;:;::1>< t'n .904280415;;:' -.., ..~ .~'00Si D2: S0F" (l)l/nSitufonn, Tel: (904) 237-3426 697'2 Business Park Blvd Fax: (904) 260-4162 I '; . ,,', Jacksonville, FL 32256 www.insituform.com . . February 23, 2009 Tony Lonjlbardj, Project Manager Fax:. (561) 742~6298 City of Bqyntoh Beach 124 East Wooll>right Rd. Boynton Beach, FL 33435 RE: LeisJreville Bfvd Sewer Reconstruction Dear ToniY, Irisituforrr TeChnologies, tnc (rn) is pleased to provide the folbwing proposal for the rehabilitation of sewers in the Leisureville Subdivision using "Cur'ed-in-Plaae-Pipe" (CIPP). These prices ,are based on our 2009 JEA Annual Cont~ct,:whjch is available for '\piggyback" by the City of Boynton Beach. I SCQPE QF WpRK . .. ____ _____ The stope of work includes the follCI\'Ving; . pre-Lining em Inspection . ~ewer bypass . crpp Lining of sanitary sewers . R.einstatement of Service Connections . Pest-Lining CCTI/ Inspection lIf:lSITUITORM TECHNOLOGIES ~SPoNSIBI~~: --... m will provide the following items. 1. Mbbilization of personnel, equipment, and materials to the project site. 2. Complete light cleaning of the pipe prior to lining. Light cleaning is defined as up to 3 passes with a standard jet nozzle. Any cleaning beyond this would ~~ considered heavy cleaning and would be considered changed cOnditions. 3, Cervi inspection of the pipe immediately prior to lining. 4. Install polyestilr resin impregnated CIPP liner in accordance with ASiM F1216 using either water or air/steam, at the discretion of m.. 5, ReinstBte all service connections. as directed by the Owner or their representative. 6. CLTl/i inspection of the pipe immediately after the linIng is complete. 7. Provide ou.r standard one~year warranty from date (,f installation, excluding any required warranty 1Y inspettionandjor testing and CI~rtifjcate of Insur'al'1c:e with standard! coverage. ltiCEPnONS: r. -. .. ~---_. ----...--" To facilitate OUf work, Insitufol111 assumes the following is provided at no cost: L Provide all necessary permits and construction easlements. 2. Provide access to and use of fire hydrants and/or sufficient water to complete flushing and CIPP inst~lIation. Access to a fire hydrant or equivalent water supply will be within 500' of the installatIon site, Bury and/or ramp fire hose as needed. 3. The condition of the pipe is the responsibility of' thE~ Owner. Any cost for obstruction removal, protruding tap removal that cannot be completed via conventional cutting equipment, point repairs, or excavation shall be by others. FROM : FRX NO. : '3042804162 Feb. 23 2009 02:51PM P3 page 2 ~.. 2/23/2009 -- , , ! ;; : 4. Provide a 5ecur~ yard or fadlity for the O\#emlght and weekend storage/parking of Insituform trud<s and equi~ment. 5. Provide bypass for flows exceeding m's bypass system described abCW&. 6. p~ovide ariw individual husiness.or residential bypassing during the lining. 7. It any of the pipes are d~maged during any industry standard high-pressure jet cleaning operations, p~eparation or lining, tlle repair of the pipe is the responsibility of others. If subsequent cleaning is required to remove debris that has fallen into the pipe as a result of an~r such collapse or repair, this would i also be the responsibility Of others. ' 8; Dir:t m'which service connections must be reinstated prior to final CCTV Inspection. ! 9. Ltxa e and uncover all manholes associated with the project. Provide equipment and/or personnel access ! tel> all mMholes as required by our work plan. : : 10. Point repairs, 11. Contract bonds. Add 1.5% to aU prices if standard one-year bonds will be required 12. Removal and disposal of any hazardous or toxic materials encountered during the project 13. Any holid~Y work, rush delivery or adverse weather work (as defined by Insituform) 14. domplete'independent testing of liner samples from each installation. Certified PE stamped Designs , I I 1 PRIQNG I I I -- -..- I , I lllsituforrrl proposes the following pricing for the scope of services described herein: Item DescriDlion Unit Olv unit Price Total Price i I 1 8" )( 6 rnm OPP LF 1,241 $26.80/1f $33,258.80 , V\ : Ught c~n & TV 2 LF 1,241 $3.50/If $4,343.50 \. i----- ~-ri:onned:iOn ,~ 3 Each 37 $175.00/ea $6,475.00 4 Root removal LF 500 $3.40/If $1,700.00 ,/ 5 General conditions Each 1 1.5% $686.66 if 6 I /ok I TOTAL $46,463.96 t.v-'/ ergna Notes: 1. TIle price presented is based upon 1 moblllzatlon and the entire scope of work. Modific:atiOflS tD the scope of work may result in a dlange in prir:e. 2. Payme!?t rorm!'; are net 30, with no retalnage. 3. Pri~ does not incll,1dp. bonds, taxes Or special insuranre such as OCP, Builders Risk or Non-contributory. 4. i Pri~e5 assll~5 appropriate wage rates. m is; not a union shop and has not assumed any union assistance. 5. Th~s proposal Is valid for 30 days, Ul'Iless atherwi~ extended by m. . 6. !ll reserves tt1e right to complete finandal background checks on the ownerJGC to gain COr\f1dence in the ownerJGC's ability to pay mi 10 a tilT]8ly and complete fashion. If sudJ back!J'Ound check results in a lack of confidence of complete and timely payment thenm : reserves the right to modify our pI"Of)(Ioi03l or decide not to enter into agreement with the owner/Gc. ' 7. If ITl crews are delayed on site for reasons beyond the control of m tnen our standby time will be invoiced at an 110Urly rate of ; $1,500 per hour. : 8. Arty cleaning need requiring r'tl(lre than 3 pulls will be billed at a negotiated rate. Please. do not hesitate to contact me with any further questions. Very truly yours, InSituform Technologies, Inl;. ~eA+L{~. Ted H(;)tchkiss BUSiness Development Mgr. FRiJf"'1 Fi=1>: tjiJ. : '304280416':::' ;200S l,)2.: ""1. F'll Page 3 "--_6. y'23/2009 ~'...._.- ,"". -'-'..-.,,---.. Accepted By: ____~_ Date: (signed) Accepted tBy: __._. Title: ,. I (printed) - - . L1MITEO WARrTY IN I.IEU bF LL UTHl::R EXPRESSED OR IMPLIED WARRANTIES, INCLUDING WARRANTies Of Me~CHANTAS-lllTY ANO FITNlOSS FOR A PARTICUI.AR PURPOSE; CONTRAgTO~ AGRl:f:$ TO CORRECT ANY DEFECT.., '!'He MATERIALS OR SIlfWICI'S PROVIoeo BV CONTRACTOR WHICH ARE BROUGHT TO THE ATTgNTlON 01' CONTRA .TO WITHIN ONe: YEAR FOLI.OWlNG COMPUITION 01' CONTFlACTO~S WORK, PROVlPgp OWNER "FFOROS CONTRACTOR SUITABLE ACCESS AND wMK1/liG CDNDITlON!l10 ACCIDMPUSH SUCll CORRECTION, MUTUAL REL;!:SE OFCONSEiOIJl;NTIAI. PM1AGES. NOItI1Of~rty . . "II b<: flubl" I') the 'lthe,. tor oons@quontlol QlImAg&> r~lllllnQ to or "",ai~g l)"t or the Contract l11e onf""i'''lieri """t,,;nec if I thia le.uer IS pro~notlVy to l~ltl.llWm r..onnelogiau, Inc. "(1d >:t\i!lll 00 talalflll<l'Oy thO ~clj)iQnl In CO/lllcl"nce ,nd 511,,11 net bti publi..htod Of om_ao di6CIOMd!to lhijd parllOO Without th<l Dxpr"O" ..rill"n C:OfIIMlr'lt Of ln8~ufOlm TecttlOloglea, l(\~.. ThQ forceoing sh..1I riol Pfeclude Ihe uae of IIr\Y data wI1icl1 (i) Wi!" in it- ~_"..iO/l without roo:trictiDll,:l~ to, us~ ptiqr to r~itlt as prornet8ly of the G6lIlll;l.Qr simil;Jr dma fran' Inritufol1'11 TllChnoIogiell, Inc., (II) IS or beoomel; available from a public: :;ou-oa on ()( after SUch receipt from lre:itlilform ToChnokl~l&g, Inc. Of (In) IS oDtillMd bv 1':" m<;ipilltll from :l mitt! Pl!l(ly riot !:/lde( obligallon of contlclenlialhv 0; ?lher reGtriction wilh fftspec\ 10 use j INS,fTUFORftf TECHN-GLDGfES, n".(.c, I AS~Jl5t.aIllt S.e:eretD.ry l:s Certificate The l.mdersig!1ed, being the Assistant Secretary of Insituform Technologies, [oc.. a Defawar~ corporation (the "Corporation"), hereby certi"Eies that: [ . The fol!owing is a true and correct e;(cerpt from the By-laws of the Corporation. Chi.ef Executive Officer Appoi;ntmen.ts. The Chief E;<ecutive Officer may from time to time appoint such officers of operating divisions, and such contracting and attestmg ofticers, of the Corporation as the Chief E.'(ecutive Officer may deem proper. who shall hav~ such authorit'l, 'subject to the .,;ontrol o~.the Board, >3.S the Chief EX.ocutiveOfticer may trom time to time prescribe. 2. The Chie~' Ex:ecutive Officer and PreStdent 0 f the Corpora'cion has, pursuant to the abo.....e ~uthoriry. duly appointed {a) H DOI.Lglas Thoma3 to the pc)sition of Vice President Rehabilitation - Prl)j'~ct Support and (b) loannSmitb 8J1d Denise l. Carroll ris Conrracdng and Attesting Officers or the Corporation. Each .')f (he foregojI1!5 ha-v'e been fully authorized and empowered l;>y the Chief E;(ecutive Officer of (he ClJflJoracion. "Ii) to certif/ and to -lttest the 3ignaC'ure of any officer of the CO"'jJora~ion, ((I) co ~ntc~' i.ltc a.nd to bi'ld (he C'o:irpor'ition tc perftJrm pipeline ,~habilltatlorl l:J,.::ti", ities of the COr'porati';'il and a.ll ,Tlar.:er'3 :-~lacec:1 cher'~tlJ. inr:lu,jjng the mailltenance of one or mor::: oifice:3 8.J.ld facil1ties of the Corpor3.tiurt, (pi) to ~;{~C,_:,~ am! to ojd: I{<;r docu!TI~f1 ts on behal f or" the C0rpora'~i0r: dnd i ,.ti C0 ta;(.~ .;UGh other .1Ctl/:.f1 ,lS 1:3 01" rr.ay be ne(;~ssary .101':i appropl1ate to carr/ out the projects, actllfltles and work or the Corporntll;n. . i 1"1 VI/1TNES.3 WHER..EI.)F, ( hav~ her~unt..) :1rfjx.,~c my l"l:.J.C11e as 6...:J:jl~tar.t Secret2-f)' thiS : ~;'hdllY \).r' F'~br1-'-D.ry.. 2000. In:Ji1:u.forrr: l';~chnoi\)~l,,:~;, I:>c. ,.-- '.......... ., ~ 8 y: '011.17-..... (~Jry'r"'("VI.'0 ST' 'I uta Ilng31npa A8s1stanr Secret.ary rt ...,. "~--,._.-.- ...--..-.,--<, _. JEA BID FORM Page ----L- of -L PROCUR~MeNTDEFARTMENT 21 WEST CHURCH STREET JACKSONVILLE, FLORIDA 32202 Company Name and A dress Insttu10rm TechnologIes, Inc. 175188 EdIson Avenue This bId Will be opened at 2:00 p,m" 6/5/2007,ln the 6th floor Conference Room, Chestel"'fleld, MO 63005 JEA Customer Center, 21 W. Church St, Jacksonville, FL 32202 FAX No: (6:56) 530-670 I Please use typewriter when submllllng prices N/A on bid form, EMAIL Address: BID SECURITY REQUIREMENTS TERM OF CONTRACT ! ] None required [ . J One TIme Furchass [Xl Csrmed Check or Bond IX] Annual Requlremen1s, three yesrs with two om~-year renewel opUons $ 6 % ! J Other, SpecllY 8E 110M 255.05. FLORIDA STATUTES CONTRACT BONO [ J [ J Nons required [ J [X 1 80nd requIred $ 2,000.000.00 _%OIBld Award [ J ( J [Xl [Xl Quote e fal na me rials F.O.B.: JacksonvD/e, FL ')m No. ENTER HEREON YOUR BID FOR THE FOLLOWING DESCRIBED ARTICLES OR SERViCeS QUANTITY UNIT PRICE TOTAL Cured In Place Plcs tOIPP) Unit Price Construction TOTAL (from Bid Form Page 5) nia nia $1,671\.,89B.19 I ! I I I i I " BIdder's Certiflcatlon By stgnlng this bid form,1ha bIdder agrees to follow, comply, end be bound by all Terms & Condltlons oontained In this lF8: ,. ',' \ ,. . We have received addenda ~l. I ,.' .Jllhe5',. ?007 , , Date . _ tf1rough _ '. 't\ 'I I VP S 0 e Co! a I Pro Ie cts "I 't ~j6} 530- 6000 TlUs Phone No, ,ed In Place Pipe (erpp) Unit Price ConstructIon Page 19 of n " ~. TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007 r . PA#: $ . Ilteft';, . . ;$~~4' .. I':'f~ - ., ',. 'l5ft, . 'l:1iriltl. OfSorlptlC>1;" '1lfI\\1'fP'1'i'G6S t~<<f :,. .- ,..N:o,. ..Nq, , ,Np" Qtv~ ' PriG'. ", 1 6.9,6 0 LS Testing Allowance $ 25,000.00 $ . Furnish and install 8" CIPP lining, 6 mm 2 961.1 LF thick $ 26.80 $ . MM Add for each 1,5 mm difference from 6,0 mm thick 2A 0 THICKER for S" CIPP @ ($1.50 per 1.5 mm change) $ 2.00 $ . 961.1 I Furnish and install 1 0" CIPP lining 6.0 mm 3 LF thick $ 31.20 $ . MM Add for each 1.5 mm difference from 6.0 mm thick 3A 0 THICKER for 10" CIPP @ ($1.90 per 1,5 mm change) $ 2.00 $ - Furnish and install 12" CIPP lining, 6.0 mm 4 961.1 LF thick $ 32.70 $ - MM Add for each 1.5 mm difference from 6,0 mm thick 4A 0 THICKER for 12" CIPP @ ($2.20per 1.5 mm change) $ 2.50 $ . Furnish and install 15" CIPP lining, 7.5 mm 5 961.1 LF thick $ 42.50 $ . MM Add for each 1.5 mm difference from 7,5 mm thick 5A 0 THICKER for 15" CIPP @ ($2.80per 1.5 mm change) $ 3.00 $ . Furnish and install 16" CIPP lining, 7.5 mm 6 961.1 0 LF thick $ 47.90 $ . MM Add for each 1.5 mm difference from 7,5 mm thick 6A 0 THICKER for 16" CIPP @ ($2.40 per 1.5 mm change) $ 3.00 $ . , Furnish and install 18" CIPP lining, 9.0 mm 7 961.1 0 LF thick $ 46.90 $ . I MM Add for each 1.5 mm difference from 9.0 mm thick ,7A 0 THICKER for 18" CIPP@($4.50 per 1.5 mm change) $ 4.50 $ . Furnish and install 20" CIPP lining, 9.0 8 961.2 LF mm thick $ 59.20 $ . MM Add for each 1.5 mm difference from 9.0 mm thick 8A 0 THICKER for 20" CIPP @ ($4.90 per 1.5 mm change) $ 5.00 $ - Furnish and install 21" CIPP lining, 9.0 mm 9 961.2 0 LF thick $ 61,SO $ - MM Add for each 1.5 mm difference from 9.0 mm thick 9A 0 THICKER for 21" CIPP @ ($5.00 per 1.5 mm change) $ 5.50 $ . 961.2/ Furnish and Install 24" CIPP lining, 9.0 mm 10 LF thick $ 61,50 $ . MM Add for each 1.5 mm difference from 9.0 mm thick 10A 1 THICKER for 24" CIPP @ ($6.00 per 1.5 mm change) $ 6.00 $ - 961.2/ Furnish and install 30" CIPP lining, 12.0 11 0 LF mm thick $ 94,10 $ - MM Add for each 1,5 mm difference from 12.0 mm thick 11A 0 THICKER for 30" CIPP @ ($6.00 per 1.5 mm change) $ 7.00 $ . 961.21 Furnish and install 36" CIPP lining, 13.5 12 LF mm thick $ 117.90 $ . MM Add for each 1,5 mm difference from 13.5 mm thick 12A 0 THICKER for 36" CIPP @ ($5.50 per 1,5 mm change) $ S.OO $ . 961.21 Furnish and install 42" CIPP lining, 13.5 13 0 LF mm thick $ 126.10 $ . MM Add for each 1.5 mm difference from 13,5 mm thick 13A 0 THICKER for 42" CIPP @ ($6,40 per 1,5 mm change) $ 8,00 $ - I 961.21 Furnish and install 48" CfPP lining, 15.0 14 0 LF mm thick $ 173.40 $ . MM Add for each 1,5 mm difference from 15.0 mm thick 14A 0 THICKER for 4S" CIPP @ ($16.60 per 1.5 mm change) $ 15.00 $ . 961.2/ Furnish and install 54" CIPP lining, 21.0 15 0 LF mm thick $ 238.60 $ . 'J ," TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007 I PA#: $ - i Item .spec I :~, Est. Units Description Unit Prices Tota" No, No. Qty. P riQe MM Add for each 1.5 mm difference from 21.0 mm thick 15A THICKER for 54" CIPP @ ($18.90 per 1.5 mm change) $ 20.00 $ ._~ I Pipe Bursting 3" - 4" Service Lateral to 4.5" ! 00 SDR 19, HOPE (0' - 4' Deep) 3/l - 8" l ! Sewer Service lateral to 4.5/l, 6.625", 905/l ! OD SDR 19, HDPE or 6/l or 8" PVC SDR35 16 931 0 LF Conforming to ASTM D3034-74 (All Depths) $ 36.00 $ - Adjust/Reset Manhole Frame and 32/l Dia I ! 22 966 0 EA Cover, Up to One Foot i$ 690.00 $ - . Adjust/Reset Manhole Frame and 32" Dia I ! 23 962 0 VF Cover, (Item 23), Excess Over Foot $ 186.00 $ - Lateral Connection (DFW Flexible Saddle to 32 963,1 0 EA PVC) @ 8/l - 12/l HDPE, (0' - 4' Deep) $ 860.00 $ - Lateral Connection (DFW Flexible Saddle to I 33 963.1 0 EA PVC) @ 8/l-12" HDPE, (4' - 8' Deep) i $ 1,065.00 $ Lateral Connection (DFW Flexible Saddle to i -~ 34 963.1 0 EA PVC) @ 8/l - 12" HOPE, (8' - 12' Deep) $ 1,330.00 $ Lateral Connection (DFW Flexible Saddle to 35 963.1 0 EA PVC) @ 8" -12" HOPE, (12' -16' Deep) $ 1,600.00 $ .. I Lateral Connection (DFW Flexible Saddle to 36 963.2 0 EA HOPE) @ 8/l - 12" HOPE, (0' - 4' Deep) $ 855.00 $ ------- Lateral Connection (DFW Flexible Saddle to 37 963,2 0 EA HOPE) @ 8" -12" HOPE, (4' - 8' Deep) $ 1,065.00 $ Lateral Connection (DFW Flexible Saddle to ---- 38 963.2 0 EA HOPE) @ 8" - 12" HOPE, (8' - 12' Deep) $ 1,330,00 $ Lateral Connection (DFW Flexible Saddle to ...-- 39 963.2 0 EA HOPE) @ 8" - 12" HOPE, (12' -16' Deep) $ 1,600.00 $ .. - Reconnect existing services using robotic 1$ 44 963.4 0 EA internal cutter 175.00 $ .. 45 963.5 EA Hammer Tap Removal $ 210.00 $ .. Lateral Connection Deemed Inactive (0' - 4' 46 964 0 EA Deep) I $ 760.00 $ Lateral Connection Deemed Inactive (4' - 8' ! ..-......-.- 47 964 0 EA Deep) i$ 1,065.00 $ .~ Lateral Connection Deemed Inactive (8' - 12' ! .~~- 48 964 0 EA Deep) :$ 1,220.00 $ .-..-----=-- . Lateral Connection Deemed Inactive (12'-16' 49 964 0 EA Deep) $ 1,540.00 $ .. 50 965 0 LF CCTV and Light Clean 8" - 21" Dia pipe $ 3,50 $ 51 965 LF CCTV and Light Clean 24" - 54" Dia pipe $ 8.50 $ -.-- 52 965.1 LF Tuberculation Removal 8" - 12" Diameter $ 20.00 $ . 53 965.1 0 LF Tuberculation Removal 14" - 18" Diameter $ 25.00 $ 54 965,1 LF Tuberculation Removal 20" - 24" Diameter $ 31.00 $ 55 965.1 Ie Tuberculation Removal 27" - 42" Diameter $ 35.00 $ '==1 ...., 56 966 LF Bypass Pumping.. 18" - 21" pipe $ 18.50 $ 59 966 LF Bypass Pumping - 24" - 36" pipe i $ 56.00 $ - ---- 62 966 0 LF Bypass Pumping.. 42" .. 54" pipe :$ 95.00 $ --~~ 68 408-4 0 CY A-3 Soil Backfill I $ 18.20 $ 69 408-8 0 CY Flowable Fill 1$ 121.10 $ ......~-- 70 427.1 0 EA Type "A" Manhole 0' - 4' Deep) $ 2,625.00 $ I 71 427.1 0 EA Type "A" Manhole 4' - 6' Deep) '$ 3,19000 $ --.-...._--._~ I 72 427.1 0 EA Type "A" Manhole 6' - 8' Deep) i $ 3,930.00 $ ..._........ _,_.1 .~ ,./ TASK SUMMARY I PRICING ESTIMATE. CIPP UNIT PRICE CONTRACT. 200'7 I ,PA #: $ . . '1l\% i' '~~e ,"~~.~.:" . ')E'St." '"lfttlt~:' ]Jescrlptl6n . _.N. 'U:nlt' prr~'es' , 'ftitltl':"-""?'" N!5:. .'. JNo., . .~Q. , ..Q.N. PM.os 73 427.1 0 EA Type "A" Manhole 8' - 10' Dee)) $ 4,880.00 $ . 74 427.1 0 EA Type "B" Manhole 0' - 4' Deep $ 3,630.00 $ . 75 427.1 0 EA Type "B" Manhole 4' - 6' Deep $ 4,675.00 $ . 76 427.1 0 EA Type "B" Manhole 6' - 8' Deep $ 5,525.00 $ . 77 427,1 0 EA Type "B" Manhole 8' -10' Deep) $ 6,160,00 $ . Connection to Existing Manhole 6" Service 94 427.4 0 EA Lateral $ 160,00 $ . 95 428,1 0 LF Sewer Piping 6" - 12", PVC (0' - 4' Deep) $ 81,00 $ . 96 428,1 0 LF Sewer PipinQ 6" - 12", PVC (4' - 8' Deep) $ 106.00 $ . 97 428,1 LF Sewer Piping 6" - 12", PVC (8' - 12' Deep) $ 133,00 $ . 98 428,1 0 LF Sewer Piping 6" - 12", PVC (12' - 16' Deep) $ 186.00 $ . 99 428.1 0 LF Sewer PipinQ 14" -18", PVC 0' - 4' Deep $ 101.00 $ . 100 428.1 0 LF Sewer PipinQ 14" -18", PVC 4' - 8' Deep $ 133,00 $ . 101 428,1 0 LF Sewer Piping 14" -18", PVC 8' - 12' Deep) $ 192.00 $ . 102 428,1 0 LF Sewer PipinQ 14" -18", PVC (12' -16' Deep) $ 230.00 $ . Remove & Replace 6" - 12" PVC (0' - 4' 103 428.2 0 EA Deep) $ 1,510.00 $ . Remove & Replace 6" -12" PVC (4' - 8' 104 428.2 0 EA Deep) $ 1,910.00 $ . Remove & Replace 6" - 12" PVC (8' - 12' . 105 428.2 EA Deep) $ 2,440.00 $ . I Remove & Replace 6" - 12" PVC (12' - 16' 1106 428,2 0 EA Deep) $ 2,975.00 $ . Remove & Replace 14" - 18" PVC (0' - 4' 107 428,2 0 EA Deep) $ 1,510.00 $ . Remove & Replace 14" - 18" PVC (4' - 8' 108 428.2 0 EA Deep) $ 1,910.00 $ . Remove & Replace 14" - 18" PVC (8' - 12' 109 428.2 0 EA Deep) $ 2,440.00 $ . Remove & Replace 14" - 18" PVC (12' - 16' 110 428.2 0 EA Deep) $ 3,080.00 $ . Remove and Replace Lateral 6" PVC SDR35 111 428.4 0 LF Conforminq to ASTM 03034-74 (0' - 4' Deep) $ 38.00 $ . Remove and Replace Lateral 6" PVC SDR35 112 428.4 0 LF ConforminQ to ASTM D3034-74 (4' - 8' Deep) $ 45.00 $ . Remove and Replace Lateral 6" PVC SDR35 Conforming to ASTM 03034-74 (8' - 12' 113 428.4 0 LF Deep) $ 66.00 $ . Remove and Replace Lateral 6" PVC SDR35 Conforming to ASTM 03034-74 (12' - 16' 114 428.4 0 LF Deep) $ 83.00 $ . 115 428,6 0 LF Yard Piping - 4" $ 35.00 $ . 116 428.6 0 LF Yard Pip;nQ - 6" $ 38.00 $ . 117 441-1 0 SY Soddinq $ 8.00 $ . I Paving Removal $ Repair - Cross Cut & Patch COJ Standard Case X Permanent 127 490-1 0 SY Pavement Replacement $ 65.00 $ . , Remove and Replace Sidewalk (All Types & 136 491-1 0 SY Thickness) $ 82.50 $ . '- ,- TASK SUMMARY I PRICING ESTIMATE. CIPP UNIT PRICE CONTRACT. 2007 I. PA#: $ - . 1 it~iif . ' . S'P~'c SC Est. Units' ;9~S'Crlption UnltPri$es Total - - Ng.. I;N!l>. N9. c;)t,. Pri.lif~ Remove and Replace Driveway (All Types & I 137 491-2 0 SY Thickness) I $ 85.50 $ Remove and Replace Curb & Gutter (All I 138 491-3 0 LF Types & Thickness) 1$ 22.00 $ - 140 6.12.5 LS Supplemental Work Authorization (SWA) $100,000.00 $ - 7.3.16 Percent I General Conditions I 1.50% , ".", 'I," IESTIMATED TOTAL COST: $ - ..",", .,i. ." . ~ .. ""'. "."" ...' ... ",:..,,"";~ " , , @COPy f Contract for Cured in Place Pipe (CIPP) Unit Price Construction Between JEA and Insituform Technologies, Inc. JEA CONTRACT NUMBER: 82768 ! J~ 1 1.1. AGREEMENT [JEA-533] 1.1. AGREEMENT [JEA-530] U'it This Contract is made as of August 1, 2007 (the "Effective Date") between JEA, a body politic and cOlJlorate existing under the Laws of the State of Florida ("JEA") and Insituform Technologies, Inc., a cOlJloration existing under the laws of Delaware ("Company" or "Contractor") 1.2. REelT ALS [JEA-534] 1.2. 1. RECITALS [JEA-531] JEA desires the following Work be perfonned and Contractor desires to provide the Work. For purposes of this Contract, "Work" means the supply of labor, necessary equipment, and installation for trenchless rehabilitation to the gravity sewer system through the Cured in Place Pipe (CIPP) Unit Price Construction method as further specified in Exhibit A, which is incorporated herein by reference. This Work will be perfonned throughout the JEA service area. Therefore, 1.3. CONSIDERATION [JEA-S35] 1.3.1. CONSIDERATION [JEA-532] 'it'it'it For the value received, the parties agree the Company will, at its own cost and expense, do the Work required to be done and furnish the materials required to be furnished on said Work in accordance with the Contract Documents, award therefore, now on rUe in the Office of the Chief Purchasing Officer of JEA, all of which are hereby specifically made a part hereof by reference to the same extent as if fully set out herein. the total sum of Nine Million and 00/100 Dollars ($9,000,000.00) ("Maximum Indebtedness") at and for the prices and on the tenus contained in the Contract Documents and as specified in Exhibit B, which is incorporated herein by reference. 1.4. SECTION TITLE: DEFINITIONS [JEA-511] ,~ 1.4.1. Definitions [JEA-C457] Words and terms deflned in this section shall have the same meaning throughout all parts of the Contract Documents. Where intended to convey the meaning consistent with that set forth in its defInition, a defined word or tenn is marked by initial capitalization. The "Technical Specifications" part may derme additional words and terms where necessary to clarify the Work. Unless otherwise stated in the Contract Documents, dermitions set forth in the "Technical Specifications" shall apply only within the "Technical Specifications." 1.4.2. Definition: Acceptance [JEA-C2211 JEA's written recognition by the Contract Administrator that all Work as specified in the Contract has been completed to JEA's reasonable satisfaction and in accordance with the Contract Docurnents. Approval or recognition of the Company meeting a Milestone or interim step does not constitute Acceptance of tbat portion of Work, Acceptance is only applicable to the entirety of Work as specified in the Contract. 2 " . 1 Acceptance does not in anyway limit JEAls rights under the Contract or applicable laws, rules and regulations. 1".4.3. Definition: Addendum/Addenda [JEA-C222} A change or changes to the Solicitation issued in writing by the JEA Procurement Department and incorporated into the Solicitation and Contract Documents. 1.4.4. Definition: Administrative Work [JEA-C223} Actions primarily performed in an office environment and associated with preparing to perform or administer the Work including, but not limited to, preparing Work schedules, obtaining bonds, executing Contracts, securing resources and other actions specified in the Solicitation, or otherwise prndent to ensure a timely, safe and otherwise compliant start and performance of Field Work. Administrative Work is not performed at the Work Location. 1.4.5. Definition: Award [JEA-C225} The issuance of a Purchase Order by the JEA Procurement Department to the successful Bidder notifying the Bidder that it has been authorized by JEA to perform the Work in accordance with the Solicitation, the PO and the Contract Documents, 1.4.6. Definition: Bid Document [JEA-C226] NOT USED 1.4.7. Definition: Bid or Proposal [JEA-C228] NOT USED 1.4.8. Definition: Bid Price [JEA-C229] NOT USED 1.4.9. Definition: Bid Section [JEA-C227] NOT USED 1.4.10. Definition: Bidder or Proposer [JEA-C230] NOT USED r,. 1.4.11. Definition: Change Order [JEA';C231] A written order issued by the JEA Procurement Department after execution of the Contract to the Company signed by the Contract Administrator or his designated representative and authorizing an addition, deletion, or revision of the Work, or an adjustment in the Contract Price or the Contract Time. Change Orders do not authorize expenditures greater than the monies encumbered by JEA, which is shown on the associated Purchase Order(s). An executed Change Order resolves all issues related to price and time for the work included in the Change Order, 1.4.12. Definition: Company [JEA-C232] The legal person, fInn, corporation or any other entity or business relationship with whom JEA has executed the Contract. Where the word "Company" is used it shall also include, but is not limited to all of its Subcontractors, suppliers, affiliates, and assigns. 3 1,4.13. Definition: Company Representative [JEA-C233] The individual responsible for representing the Company in all activities concerning the fulfillment and administration of the Contract. 1.4.14. Definition: Company Supervisor [JEA~C234J The individual, employed or contracted by the Company, to manage the Work on a day-to~day basis and ensure the Work is performed according to the Contract. The Company Supervisor may be authorized by the Company Representative to act on Contract matters. Such authorization shall be in writing and delivered to the Contract Administrator and shall clearly state the limitations of any such authorization. In the event that the Company Supervisor and the Company Representati ve are the same person, the Company shall notify the Contract Administrator of such situation, 1.4.15. Definition: Contract [JEA~C235] The agreement between the Company and JEA as evidenced by this Contract and Exhibit A, Exhihit B and Exhibit C, 1.4.16. Definition: Contract Administrator [JEA-C236] The individual assigned by JEA to have authority over the Contract, including the authority to negotiate all elements of the Contract with the Company, authorize Change Orders within the maximum amount awarded, terminate the Contract, seek remedies for nonperformance including termination, and otherwise act on behalf of JEA in all matters regarding the Contract. The Contract Administrator may authorize JEA Representative in writing to make minor changes to Field Work with the intent of preventing Work disruption.. 1.4.17. Definition: Contract Documents [JEA-C2371 Contract documents means the Contract and any written Change Orders, amendments or Purchase Orders executed by JEA. 1.4.18. Definition: Contract Price [JEA-C238] The total amount payable to the Company under the Contract, as set forth in Exhibit B. 1.4.19. Definition: Contract Time [JEA-C239] The number of calendar days, the period of time, or the date stated in the Contract, or otherwise agreed upon by the parties in writing, from the PO issue date to planned date of Acceptance. 1.4.20. Definition: Customer Service Plan [JEA-C241] The Company's plan to achieve customer satisfaction requirements as determined by JEA and JEA Project Outreach, which shall include, as a minimum, the name and office phone number, cell phon~,number, email address, Nextel Direct Connect number, and fax number of Company's Customer Service Representative/ a detailed flow chart on how the Company will handle customer concerns, preemptive customer satisfaction control measures (such as door hangers provided by JEA, and neighborhood meetings in conjunction with JEA staff) and it plan to reduce the number of customer concerns surrounding construction Work addressing, as a minimum, the construction practices that will eliminate damage to customers' property including, but not limited to, cracked driveways, tire ruts in customers' yards, blocking customers' access to driveways, cutting customers' services during tie-in, excessive noise from construction equipment, and elimination of dust during construction Work. 1.4.21. Definition: Defect [JEA-C242j Work that fails to meet the requirements of any required test, inspection or approval, and any Work that meets the requirements of any test or approval, but nevertheless does not meet the requirements of the Contract Documents. 4 .. . \, l 1.4.22. Definition: Equal Item [JEA.C243] Item a Bidder chooses to offer in place of offering the brand name or manufacturer's item specified on the Bid Document when the Bid Document clearly states that the Bidder may offer such an item. 1.4.23. Definition: Ex Parte Communication [JEA-C244] NOT USED 1.4.24. Definition: Final Completion [JEA-C246] Tbe point in time after JEA has Accepted the Work and the Company has fulfilled all requirements of the Contract Documents. 1.4.25. Definition: Holidays [JEA-C247] The following days: New Year's Day, Martin Luther Kings Birthday, Presidents' Day, MemorialDay, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Bve, and Christmas Day . ' 1.4.26. Definition: Informalities [JEA-C248] NOT USED. 1.4.27. Definition: Invoice [JEA-C249] A document seeking payment to Company from JEA for all or a portion of the Work, in accordance with the Contract Documents, and including at a minimum the following items: the Company name and address, a description of the product(s) or service(s) rendered, a valid m.A PO number; the amount payable, the payee name and address, any associated JSEB forms and any other supporting docmnentation required by the Contract Documents. ; 1.4.28. Defmitlon: JEA [JEA-C250] JEA on its own behalf. 1.4.29. Definition: JEA Engineer [JEA-C251] The individual assigned by JEA (either an employee or a third party) to provide licensing, engineering, design review, and/or construction management including, but not limited to, overseeing and resolving engineering/design issues, conveying JEA's instructions to the Company and enforcing the faithful performance of the Work. The JEA Engineer's authority includes interpreting the technical portion of the Contract Documents, deciding on matters relating to the execution and progress of the Work and evaluating the Company's performance. The JEA Engineer may stop the Work when deemed necessary by JEA. The JEA Engineer will receive and adjudicate any claim of ambiguity or error in the technical portion of the Contract Documents and shall reduce any determination to writing, and the decision shall be ~nal and binding. The JEA Engineer is not a party to the Contract. The JEA Engineer has no authority 0 approve changes to the Work or Contract, or to commit JEA to any expenditure of money except as expressly designated in writing by the Contract Administrator, 1.4.30. Definition: JEA Inspector [JEA-C252} The individual(s) or Company(ies) designated by the Contract Administrator to inspect and test the Company's performance and Contract compliance including materials, workmanship, safety, environmental compliance, JSEB compliance, project controls, administration and accounting, and other aspects of Contract compliance, The JEA Inspector has no authority to approve changes to.the Work or Contract, or to commit JEA to any expenditure of money except as expressly designated in writing by the Contract Administrator. 1.4.31. Definition: JEA Representatives [JEA-C253] The Contract Administrator, Contract Inspector, Contract Administrator's Representative, JEA Engineer, Field Engineer, Project Manager, and other persons designated by the Contract Administrator as JEA 5 t Representatives acting in a capacity related to the Work or Contract under the authority of the Contract Administrator. 1.4.32, Definition: Overtime [JEA-C256] Work approved in writing by the Contract Administrator that is required to be performed beyond an employee's scheduled workday or work week, including Work performed on Holidays. 1.4.33. Definition: Payment and Performance Bond [JEA-C2571 The common-law Performance Bond and the statutory Payment Bond contemplated by Section 255.05, Florida Statutes in the form required by JEA, 1.4.34. Definition: Performance - Acceptable Perfonnance/Performer [JEA-C258) The Company averages more than 2.80 and less than 4.0 across all performance scorecard evaluation metrics, and does not receive a score of less than 2.0 on any metric. 1.4.35. Definition: Performance - Top Performance/Performer [JEA-C259] The Company averages 4.0 or more across all scorecard evaluation metrics and does not receive a score of less than 4,0 on anyone metric. Continuous performance for six months or more at Top Performance, or intermittent performance On at least three Contracts performed over at least a six-month period at Top Performer levels, qualifies the Company for designation as a JEA Blue Ribbon Vendor, JEA Blue Ribbon Vendors receive special promotional recognition from JEA. 1.4.36. Defmition: Performance - Unacceptable Performance/Performer [JEA-C260] The Company averages less than. 2.80 across all scorecard evaluation metrics, or scores a 1.0 on anyone metric regardless of average, or receives a score of2,0 on the same metric on two sequential performance evaluations. 1.4.37. Definition: Price Bid [JEA-C262] A written number representing the total cost to the Owner if accepted. 1.4.38. Definition: Purchase Order (PO) [JEA-C263] A Work authorization document issued by the JEA Procurement Department with the words "Purchase Order" clearly marked across the top, a PO number used for reference shown on the front, a description of the Work or a listing of the applicable Contract Documents, an authorized JEA signature and stating the amount of lawfully authorized funds. Purchase Orders are the only documents that authorize changes to the total amount authorized on the Contract. 1.4.39. Definition: Qualification Statement [JEA-C264] rf A written statement describing the Company's and/or product's ability to meet the requirements Df the Solicitation. A Qualification Statement is submitted either ahead of or along with a Price Bid. 1.4.40. Definition: Quality Assurance [JEA-C265] Actions that JEA takes to assess the Company's performance under the Contract. 1.4.41. Definition: Quality Control [JEA-C266] Actions that the Company takes to ensure it successfully completes the Work in full accordance with the Contract Documents. 1.4.42. Definition: Shop Drawings [JEA-C269] Drawings, electronic and hard copy, that detail the fabrication, erection, layout and setting drawings; manufacturer's standard drawings; schedules; descriptive literature, catalogs and brochures; performance and test data; wiring and control diagrams; all other drawings and descriptive data pertaining to materials, equipment, piping, duct and conduit systems, and method of construction as may be required to show the r 0 " JEA Engineer that the proposed materials, equipment or systems and the position thereof are in compliance t with the requirements of the Contract Documents. 1.4.43. Definition: SolicitatIon [JEA-C270] The document (which may be electronic) issued by the JEA Procurement Department to solicit Bids or Proposals from Bidders that includes, but is not limited to, the Bid Document, Contract Documents arid" Addenda. 1.4.44. Definition: Subcontractor [JEA-C271] A provider of services performing Work under contract for the Company. 1.4.45, Definition: Substantial Completion [JEA-C272] The time when JEA determines that the Work (or a specified part thereof) is sufficiently complete to be uti!.ized for the purposes for which it is intended or ready for JEA or other contractors to perform subsequent portions of the Work. Recognition of the Work as Substantially Complete, as evidenced by issuance of a Certificate of Substantial Completion, does not represent JEA's Acceptance of the Work. 1.4.46. Definition: Summary Schedule [JEA-C273] A diagram displaying the Milestones for the Work graphically positioned on a timeline, showing at a minimum the calendar dates on which each Milestone is scheduled to be comp1etedfor Acceptance, 1.4.47. Definition: Term [JEA-C274] The period of time during which the Contract is in force, from formal notice of Award to Final Completion, , or termination. In some cases, and as expressly stated, some of the Contract requirements may extend : beyond the Term of the Contract. 1.4.48. Definition: UnIt Prices [JEA-C275] The Bidder's charges, rOtUlded to the nearest cent, to JEA for the performance of eaCh respective unit of Work as defined on the Bid Documents for all items required for successfully performing the Work through Acceptance, 1.4.49. Definition: Work. [JEA-C276] Actions, products, documentation, electronic programs, reports, testing, transport, administration, management, services, materials, tools, equipment, and relq'onsibilities to be furnished or pe~onned by the Company under the Contract, together with all other additional necessities that are not specifically recited in the Contract Documents, but can be reasonably inferred as necessary to complete all obligations and fully satisfy the intent of the Contract, as further described in Section 1.2.1 and Exhibit B. 1.4.50. Definition: Work Location [JEA-C277] The place or places where the Work is performed, excluding the properties of the Company and/or the Subcontractor(s). 7 1.5 SECTION TITLE: ACCEPTANCE [JEA-512l 1.5.1. Acceptance of Work - After Receipt, Inspection. Usage and Testing [JEA-C279] wU The Contract Administrator will make the determinati9D when Work is completed and Accepted by JEA. Acceptance will be made by JEA only in writing, and after adequate time to ensure Work is performed in accordance with Contract Documents. JEA will reject any items delivered by Company that are not in accordance with the Contract, and shall not be deemed to have accepted any items until JEA has had reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the items has become apparent. lEA may partially accept the Work items. If lEA elects to accept nonoonformi1;lg items, it may in addition to other remedies, be entitled to deduct a reasonable amount from the price as compensation for the nonconformity. Any Acceptance by lEA, even if non-conditional, shall not be deemed a waiver, or settlement or acceptance of any Defect. Speoifically, the following items shall be required prior to Acceptance: . Post construction video and delivery of As-Builts 1.6. SECTION TITLE: PRICE & PAYMENTS [JEA-5131 1.6.1. Certificate of Contract Completion and Final Payment [JEA-C281] The Company shall complete and submit to lEA the Certificate of Contract Completion as notice that the Work, including the correction of all deficiencies, is complete, By submitting the certificate, the Company certifies the following: that the Wark has been satisfactorily completed; that no liens have attached against the property and improvements of JEA; that no notice of intention to claim liens are outstanding; that no suits are pending by reason of the Work; that all workers' compensation claims known to the Company have been reported to JEA; that the surety provides a release; and that no public liability claims are pending. The Company shall submit its fmal Invoice with the completed Certificate of Contract Completion. JEA shall make f'mal payment on the Contract in accordance with the provisions of the Contract. 1.6.2. Invoicing and Payment Terms and Retainage [JEA-C282] r The Company shall submit all Invoices or Applications for Payment using lEA's prescribed forms and format and in accordance with the payment method agreed upon in these Contract Documents, JEA will pay the Company the amount requested within 30 calendar days after receipt of an Invoice from the Company subject to the provisions stated below, JEA may reject any Invoice or Application for Payment within 20 calendar days after receipt. JBA will return the Invoice or Application for Payment to the Company stating the reasons for rejection. Upon receipt of an acceptable revised Invoice or Application for Payment, JEA will pay the Company the revised amount within 10 days. JEA may withhold payment if the Company is in violation of any conditions or terms of the Contract Documents. As additional security for the proper performance of the Work, JBA may deduct 10% retainage, or such other amount allowable pursuant to Florida law, from the amount stipuiated in the InvoIce Dr Application 8 .. . 'i for Payment and accepted by JEA as eligible for payment. 1 In the case of early tennination of the Contract, all payments made by JEA against the Co~tract Price prior to notice of termination shall be credited to the amount, if any, due the Company, If the parties determine that the sum of all previous payments and credits exceeds the sum due the Company, the Company shall refund the excess amount to JEA within 10 days of determination or written notice. 1.6.3. Jacksonville Small and Emerging Business (JSEB) - Invoicing and Payment [JEA-C2911 If the Company utilizes JSEB certified firms, regardless of whether these Contract Documents require or encourage the use of such firms, the Company shall Invoice for and report the use of JSEB certified firms according to the format and guidelines set forth in the Contract Documents. 1.6.4. Payment and Performance Bond [JEA-C284] Within 10 days of.signing the Contract, the Company shalI furnish a Payment bond and Performance bond in the amount specified in Exhibit B, Two Million and No/lOO Dollars ($2,000,000,00), made out to JEA in forms and formats approved and provided by JEA, as security for the faithful performance of the Work of Contract. JEA will send the approved bond forms to the Company for execution along with the Contract, however, in no case shall the date on the bond forms be prior to that of the exeouted Contract. The surety must be authorized and licensed to transact business in Florida. A fully executed Payment bond and Perfonnance bond must be reoorded with the Clerk of Duval COUIi.ty Court and delivered to JEA before Work commences. If the Company fails or refuses to furnish or record the required bonds, JEA will retain the Company's bid bond as liquidated damages. 1.6.5. Payment Method - Upon Delivery & Invoice [JEA-C455] Company shall invoice JEA upon delivery and acceptanoe of the Work. Invoices may be submitted for each delivery, or on a monthly basis for deliveries that occurred during the month. 1.6.6. Price Adjustment - Annual [JEA-CZ90} Unless the Company and JEA make other agreements, the annual price adjustment for the second and subsequent years of the contract shall be in accordance with the consumer price index for all urban consumers published monthly by the U.S. Department of Labor, Bureau of Labor Statistics. The index used will be the unadjusted percent change for 12 months after Award. In the event the applicable price index publication ceases, the Company and lEA shall mutually agree on a replacement index. If the Company and JEA fail to agree on a replacement index, the Contract shall terminate 90 days following the end of the then current fiscal year. I' I' 1.6.7. Prompt Payment to Subcontractors and Suppliers [JEA-C419] When the Company receives payment from JEA for labor, services or materials furnished by Subcontractors and suppliers that are hired by the Company, the Company shall remit payment due (less proper retain age) to those Subcontractors and suppliers within 15 days after the Company's receipt of payment from JEA, Nothing herein shall prohibit the Company from disputing, pursuant to the tenns hereof, all or any portion of a payment alleged to be due to its Subcontractors and suppliers. In the event of such dispute, the Company may withhold the disputed portion of any such payment only after the Company bas provided written notice to JEA and to the Subcontractor and supplier whose payment is in dispute, stating the amount in dispute and specifically describing the actions required to cure the dispute, The Company shall deliver sucb notice to JEA and to the said Subcontractor or supplier within 10 days following the Company's receipt of payment from JEA, The Company shall pay all undisputed amounts due within the time frames specified herein. 9 ~ The prompt payment requirements herein shall, in no way, create any contractual relationship or obligation between JEA and any Subcontractor, supplier, JSEB, or any third-party, nor create any JEA liability for the Company's failure to make timely payments as required. The Company's failure to comply with the prompt paymen.t requirements, however, shall constitute a material breach of its contractual obligations to JEA. As a result of such breach, JEA, without waiving any other available remedy it may have against the Company, may issue joint checks and charge the Company a 0,2% daily late payment interest charge or charges as specified witWn the Florida Statutes, whichever is greater. 1.6.8. Taxes [JEA~C2921 JEA is authorized to self-accrue the Florida Sales and Use Tax (Direct Payment Certificate Number 0138) and is exempt from Manufacturer's Federal Excise Tax when purchasing tangible personal property for its direct consumption, When the Company is performing repairs, alterations, improvements or construction to JEA's real property under a lump sum, cost-plus, fixed fee or not-to-exceed Contract, the Company is the end~user and shall pay applicable taxes. In the event the Work is exempt from Florida Sales and Use Tax due to performance for multifuel generation facilities, JEA will provide the Company affidavit of such and the Company shall not include the price in its Bid, The Company shan pay all applicable Florida Sales and Use Taxes as if it is the ultimate consumer in the event that the Work involves repairs, alterations, improvements or construction on JEA real property, Certain multifuel generation assets are exempt from Florida Sales and Use Taxes in accordance with Florida Statutes. In such cases, JEA will provide an affidavit of such for use in making nontaxable purchases. 1.7. SECTION TITLE: PERFORMANCE [JEA-S14] 1.7.1. Applicable Standards and Codes [JEA-C280] *** The latest rules and regulations of the following organizations shall be considered a part of these Contract Documents. The Company shall perform all Work in strict accordance with applicable provisions thereof: . Any rules and regulations as referred to in the Technical Specifications, Exhibits A and C hereto, and in the JEA Water & Sewer Standards Manual 1.7.2. As-Built Drawings [JEA~C2931 . The Company shall record and keep current during the progress of the Work, as-built inforrriation. Upon completion of the Work and prior to fma! payment, the Company shall furnish to the JEA Engineer an electronic file and a reproducible Mylar set of as-built drawings accurately representing the actual Work as installed, erected, or constructed and prepared in accordance with the JEA Contract Performance Manual. The Company's submitted as-buiIts shall incorporate all Addenda, Change Orders and all requirements with respect to the drawings specified within these Contract Documents and within the JEA Contract Perfonnance Manual. As-built drawings shall be accompanied by a transmittal letter, signed by an officer of the Company, stating that the as-built drawings are a correct and accurate depiction of the Work performed, 1,7.3. Care of JEA Customers [JEA-C295] The Company agrees to provide excellent service to customers of JEA servi.ces throughout the execution of the Work during both scheduled Work hours and Overtime in accordance with the provisions set forth in the JEA Contract Perfonnance Manual. 10 - J If the Company fails to provide the customer service requirements stated within the Contract Documents and/or within the JEA Contract Performance Manual, JEA may require the Company to appear before JEA's Company Perfonnance Review Board, pursue additional remedial actions, terminate the Contract, and suspend Company from JEAts Responsible Bidder's List in all categories for a period not to exceed one year. 1. 7.4. Commercial Activities on the Work Location [JEA-C296] The Company shall not establish any commercial activities, or issue concessions or permits of any kind to third parties to establish commercial activities on lands owned or controlled by JEA, or within the boundaries of the Work Location. The Company shall not allow its employees to engage in any commercial activities on the Work Location. 1.7.5. Company Laydown Area [JEA-543] In the event the Company decides to utilize public or private property as a laydown area, the Company sh~ll enter into a written agreement with the entity who owns the property, JEA shall have access to all laydown areas. Upon submission of Company's first Invoice or application for payment to JEA, the Company shall provide to JEA a copy of such signed written agreement. the Company shall submit to JEA a letter of release from the entity in connection with Company's final Invoice or application for payment to JEA. 1.7.6. Company Representatives [JEA-C298] The Company shall provide JEA with the name and responsibilities of the Company Representative, in writing after A ward of the Contract and before starting the Work under the Contract. Should the Company need to change the Company Representative, the Company shall promptly notify JEA in writing of the change. 1.7.7. Company's Documents at the Work Location [JEA-C299] The Company shall maintain at the Work Location for JEA one record copy of all Contract Documents in good order and marked currently to record all Addenda and changes made dW"ing Contract Term. These shall be available to JEA Representatives and shall be delivered to the Contract Administrator upon completion of the Work and at the request of the Contract Administrator. The Company shall also maintain detailed records of the Work for its own files. The Company shall make these records available to JEA for inspection upon request The Company shall maintain sucp. records for three years after date of Final Completion. :' 1.7.8. Company's Field Office [JEA-C300] The Company shall provide its own office facilities at the Work Location, as required. Unless specifically listed herein, JEA provides no Work Location facilities or Work Location area for the Company facilities of any kind such as field office and material storage, If the Company establishes a Work Location-based office, the Company shall provide and maintain adequate telephone facilities at this office during the full Term of the Contract. If the Company has a local business office, this office may serve as a Work Location office for this Contract, but the Company must maintain an operational cellular phone at the Work Location while performing Work. 1.7.9. Compliance With Referenced Specifications [JEA-C302} All Work, materials, systems or operations specified by reference to standard trade specifications or to 11 manufacturer's published specifications shall comply with the requirements of the referenced specifications, except as modified by the requirements of this Contract. The referenced specification used shall be the lates~ published edition that is in effect on the effective date of this Contract unless a particular edition is specIfied, fn case of a conflict, the specifications that contain the more stringent requirements will govern. 1. 7.10. Disposition of Salvable Material [JEA-C3051 All J?aterial to be removed from the Work Location, relocated or salvaged, shall be inspected by the JEA Engmeer immediately prior to removal, and the JEA.Engineer's decision as to the salvageability shall be fmal. Such material that is salvable, in the opinion of the JEA Engineer, shall be stored at the Work Location on-site by the Company, as and where directed by the JEA Engineer, or delivered to a location as directed. Under no circumstances may existing structures, plant or facilities be removed or demolished without obtaining prior written approval from the JEA Engineer. 1.7.11. Emergency Events [JEA-C306] .In the event that a system-wide emergency arises during the Tem of this Contract for which JEA requires assistance from the Company including, but not limited to, severe stonns, large-scale fIres, floods, and terrorist attacks, the Company acknowledges the importance of JEA infrastructure and agrees to support, with all its resources, skills and capabilities, and the maximum extent possible, all restoration efforts of JEA. The Contract Administrator shall notify the Company when an emergency event occurs and the Company agrees to mobilize its full resources immediately. In the event conditions are such that an emergency event is likely in progress, but the Company has not been notitied by the Contract Administrator, the Company shall make all efforts to contact a JEA Representative to determine if and how it should respond, JEA agrees to reimburse the Company for its actual costs incurred, plus overhead and profit, the total not exceeding 12%, and anyone-time ex.pended cost incurred as a result of supporting JEA during the emergency event. 1. 7.12. Emergency Procedures [JEA-C3071 In emergencies affecting the safety of persons, the Work or property at the Work Location or any other area adjacent thereto, the Company, without special instructions or authorization from JEA Representatives, is obligated to act to its best ability, to prevent threatened damage, injury or loss to the Work, any persons, or property. The Company shall give the Contract Administrator prompt written notice descn'bing the emergenqy, its cause, actions taken, injuries and casualties, property damage, other damages, and impact on continued performance under this Contract. 1.7.13. Encroachments on Rights or Property [JEA~C3081 The Company shan be solely responsible for any encroachments on public property or on th~' rights or property of adjoining property owners to the Work Location, and shall hold JEA hannless because of any encroachments that may result because oftbe Company's improper layqut. In this regard, the Company shall, without extra cost to JEA, remove any Work or portion of any Work that encroaches on the property other than that of the Work Location, or that is built beyond legal building or setback limits. The Company shall rebuild the affected Work or portion of Work at the proper location and in full compliance with the Contract Documents. 1.7.14, Inspections and Testing [JEA-C310] The Company understands and agrees that JEA shall have the right to inspect the Work at anytime and for any reason at the Work Location in accordance wi.th the provisions set forth in the JEA Contract Performance Manual. JEA's inspection of the Work, or any work site observations, notices or assumptions of the worksite duties, or JEA's failure to inspect or observe the Work, wiH not relieve the Company of its obligations under the Contract, nor will such JEA actions or inactions be construed as Acceptance of the 12 ~ Work. If any applicable law, rule or regulation requires Work to specifically be inspected, tested, or approved by someone other than the Company, the Company shall give the Contract Administrator timely notice of readiness, The Company shall furnish the Contract Administrator the required certificates of inspection, testing or approval. All such tests shall be in accordance with the methods prescribed by the American Society for Testing and Materials or other applicable laws, rules and regulations. The Company shall pay for all inspections and tests required by any applicable laws, rules or regulations that is perfonned by non- JEA personnel. Prior to Acceptance of the Work, all major equipment shall be subjected to operating field tests to determine satisfactory functioning and operation. The equipment shall be operated by and at the expense of Company. The Company shall submit to the Contract Administrator for approval, an outline of the test sequence and a schedule indicating the estimated time required to complete the tests, Unless otherwise provided in the Contract, Acceptance by lEA shall be made as promptly as practicable after inspection of all Work required by the Contract Documents. 1.7.15. Interference With Existing Utilities [JEA-S661 The Company acknowledges and agrees that there is a possibility that existing JEA or other utility facilities may cross andlor lie parallel to excavations in the area where Work will occur. Although JEA may indicate recorded obstacles on the drawings, it does not warrant that other subsurface obstacles do not exist. The Company shall be responsible for verifying the data furnished by JEA and for fully investigating' and locating additional obstructions including every type below, on or above the grOlmd. The Company should regard these impediments as normal to construction. All costs for performing such work shan not be paid for separately, but shall be included in the Company's costs on the Bid Document , The Company shall comply with all requirements of the Sunshine State One-Call program. In the event the Company en~ounters an unidentified utility during performance of the Work, the Company shall promptly cease Work in the affected area and sh,all immediately notify the JEA Representative in writing. JEA will investigate the area and propose remedial actions in accordance with the provisions stated herein in "Changes to the Work" JEA-164. The Company shall work in cooperation with JBA and representatives of existing utilities to plan and coordinate putting new Work into service so as not to interfere with the operation of the existing utilities. Such plans shall be adhered to unless deviations therefrom are expressly permitted in writing by the Contract Administrator. I' The Company shall at all times conduct the Work in a manner that interferes as little as possible with the existing utilities, Any cables exposed during construction, whether energized or not, must be handled and protected as if they are energized. The Company shall so conduct its operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. The Company shall not obstruct existing gutters, ditches and other runoff facilities, When working in tbe vicinity of overhead lines, the Company shall request line rubber protection from JEA at least 10 days in advance of perfonning the work. The Company shall be solely responsible for any damages, interferences, and interruptions of service caused to any utility's assets and services including water, sewer, electric, telephone, gas, cable, and other utility services, that result from the Company's failure to fulfill the above stated requirements. In the event the Company damages an existing utility, the Company shall immediately notify the property owner, the owner of the damaged utility and the JEA Representative, Should the damage cause an interruption of service, the Company shall be responsible for restoring service as soon as possible; however, the Company shall not make repairs, other than any required to restore safe conditions, without the approval of the property owner, or the owner of the damaged utility, The Company shall be responsible 13 for coordinating any repair effort, and any associated costs should the utility owner or a licensed repair contractor be required to make the repair. JEA reserves the right to deduct any unsettled claim amount from Company's invoices until such time as the claim is satisfactorily resolved, 1.7.16. Interference With Other JEA Work or Other Companies [JEA-5671 The Company shall perform the Work in a manner that minimizes the interference with other JEA work, City of Jacksonville work, or with work performed by other companies, The Company shall coordinate the Work with other persons and companies employed by JEA, If a difference of opinion regarding scheduling or coordination of the Work arises between the Company and another JEA contractor(s) performing work at the Work Location, JEA may arbItrate the matter, In such cases where JEA makes a decision regarding the scheduling or coordination of the work, the Company agrees to fully abide by JEA' s decision. Unless otherwise agreed in writing by JEA, JEA will not be responsible for additional costs. Any claims arising against the Company from damages to other companies' work, equipment, machinery, tools or other property shall be settled directly between the Company and the other companies inv<)lved. JEA will not, in any way, be a party to arbitrating or mediating any such disputes, nor shall JEA be responsible for any costs associated with such disputes. 1.7.17. Interference with Railroads [JEA-562] The Company shall not build across, into, over or under, either temporarily or permanently, any portion of a railway or railway right-of-way without first obtaining all required permits. If the Company's operations render any railroad unsafe, the Company shall immediately notify the Contract Administrator, and the railroad owner and take appropriate actions and such temporary safeguards as required to protect life, limb, and property, and to maintain orderly traffic, The Company shall procure all railroad permits required for the Work beyond those procured by JEA and the costs for such permits shall be included in the Bid Documents. All costs associated with railroad fees for railroad flagmen, watch outs, inspectors, supervisors, any additional training of Company's employees that is required by applicable laws, rules and regulations when performing Work in association with railways, any certifioations required for successful completion of the Work and all other associated costs shall be included in the Bid Document. 1.7.18. Interruption of Service IJEA-C3121 The Company shall not operate any valves, nor otherwise interrupt water and/or sewer service, without first obtaining permission from the JEA Engineer, The JEA Representative shall be present during any interruption of service. If the Company must shut down a main or portion of a main, thereby causing an interruption of water service, the Company shall provide the JEA Engineer with the following information, in writing, a minimum of four days in advance of any anticipated interruption of service: Date and time of outage. Purpose of the outage, Map of the area to be affected by the outage. Letter stating all offices, businesses, and residents have been or will be notified by Company at least four days in advance of the outage (unless IDA chooses to issue such notification). The Company is not authorized to proceed with requested Work without prior written notice from JEA Engineer that such actions are approved. In the event of a maj or emergency that endangers life or property, the Company may take immediat~ action before notifying JEA. In all cases, however, IDA shall be notified in writing at the earliest opportumty 14 t after addressing the emergency. 1.7,19. JEA Project Security Program [JEA-S98J The JEA Project Security Program establishes a coordinated security program and ~signs specific security responsibilities for which the Company and/or its Subcontractors shall be responsible at white performing construction services at existing JEA facilities and upon the substantial completion of new facilities. The programs objectives are 1) to direct all project security activities toward a single goal--no breaches, thefts or vandalism, and 2) to ensure effective coordination and communication of all project security activities with JEA Security. In general, the Company shall provide on-site JEA security personnel at any time the facility's perimeter is unsecured, including but not limited to, alarms disabled, fences or gates down, traffic flows that require gates to be opened repeatedly andlor for more than one hour of the work day. The Company shall schedule security personnel through JEA Security. Where existing lighting is disabled or otherwise impacted by the Work, the Company shall provide temporary lighting equal to or exceeding that whicb exists. Further, the Company shall be responsible for complying with all applicable provisions of Chapter 12 "Security Program II of the JEA Contractor Safety Management Process Safety Requirements, a copy of which may be obtained from: William Bland, Manager, JEA Security, (904) 665-6070, blanwl@iea.com, 1.7.20. Licenses [JEA-C314] The Company shall comply with all licensing andlor certification requirements pursuant to applicable laws, rules and regulations. The Company shall secure a.I1 licenses as required for the performance of the Work and shall pay all fees associated with securing them. The Company shall produce written evidence of licenses a:p.d other certifications immediately upon request from JEA. , 1.7.21. Limitation of Accuracy ofInformationaI Materials [JEA-568] For all drawings, test results, inspections, and other informational materials included as part ofllie Contract Documents, tbe Company understands and agrees that any existing facilities shown, including underground, overhead, and surface structures, and other delirieations, and any other informational items provided as part of the Contract Documents are for reference only and are not to be used by the Company as the only indication of Work: conditions. 1.7.22. Maintenance of Traffic (MOT) [JEA-S64J The Company, when required by the governing agency such as the City of Jacksonville or the Florida Department of Transportation (FDOT), shall maintain traffic in accordance with an approved'Maintenance of Traffic (lv10T) plan ("MOT Plan ") submitted by the Company, on streets, roads, private ways, and walks, The Company shall assume full responsibility for the adequacy and safety of provisions made. The Company shall be solely responsible for the placement, maintenance and removal of the minimum number of devices required by the MOT Plan, or specified by the FDOT, for the oontrol of traffic at the Work Location including, but not limited to signs, cones, lights, barricades, concrete barrier walls, police officers, flaggers, etc. ("MOT Items"). Unless expressly stated herein that JEA will provide the Company with MOT Items for the Work, the Company shall include costs for all MOT Items in the associated lines in the Bid Document. 1.7.23. Material Delivery Locations [JEA-C317] The Company shall notify, in writing, the Contract Administrator of all planned material delivery/receiving locations. Such notification shall be prior to initiation of shipment. The Contract Administrator will provide 15 the Company with specific written approval for each delivery/receipt location, which will not be unreasonably withheld. Where the Contract Administrator disapproves a proposed location, the Company shaH propose alternate locations and obtain the Contract Administrator's written approval for any proposed alternate location, The Company understands and agrees that it shall not seek additional monies to compensate for any costs associated with changes or denials of proposed delivery/receipt locations regardless of circumstances. 1.7.24. Meters [JEA-C318] The Company shall pay aU fees and charges required for connections to utilities, concurrency management, parking meter rentaVremova! and any other assessments imposed on the Work or initial occupancy of the Contract, except those specifically listed herein as provided by JEA. 1.7.25. Permits [JEA-C319] The Company shall secure, maintain, post as required, and pay for all building, plumbing, electrical, right- of-way, parking, roadway, railroad, shipping, freight, hazardous materials, and all other permits required for petfonnance of the Work in full compliance with all applicable laws, rules and regulations, The Company shall perform all actions necessary to identify where permits are to be obtained and properly file for the permits, except those specifically listed as being provided by JEA, The Company shall comply with all conditions of permits issued for the Work, either directly or indirectly, issued by federal, state, or local govemmental agencies, which are hereby incorp'orated as part of these Contract Documents. The Company shall be solely responsible for resolving any issues and bearing all expenses including any damages suffered by JEA that result from a finding of noncompliance during performance of the Work by any of the respective regulatory agencies including, but not limited to, all costs for delays, litigation, fines, fees of any kind, and other costs. 1. 7.26. Protection of Existing Facilities and Grounds [JEA-565] The Company shall be responsible for protecting all the existing facilities including, but not limited to, buildings, lawns, landscaping, sprinkler systems, and pavements, both public and private, that are encountered during the performance of the Work, At all times, the Company shall cooperate with the own ers of such facilities by arranging and performing the Work in and ~ound such facilities in a manner that facilitates their preservation, relocation, and/or reconstruction. The Company shall be responsible for the full restoration or replacement if the Company damages such facilities during or resulting from performance of the Wark, The Company shall verify the existing dimensions and clearances before laying out the Work. When the Work involves the laying of utility lines across landscaped areas and grassed areas, which may include, but is not limited to, irrigation systems, streets, sidewalks, and other paved areas, the Company fualI protect and preserve all trees, shrubs, palms, landscaping, etc" and restore such areas and all paved areas to their original sound conditions using construction techniques and materials that are the same as existing including replacing plants and trees with those of similar size and age, In the case of planted areas, the Company shall maintain the restoration Work until positive growth has been acknowledged in writing by the Contract Administrator, All costs for such restoration and replacement work shall be included in the associated lines on the Bid Document. The Company shall not (except upon written consent from the property owner and Contract Administrator) enter or occupy with workers, tools, equipment or vehicles any land outside the easements, right-of-ways, JEA property or the City of Jacksonville property. 16 1 1.7.27. Protection of the Environment [JEA-56!1 The Company and its Subcontractors shall comply with all applicable laws, rules and regulations. Asbestos, Lead, or Toxic Mold Notification: Asbestos, Lead, or Toxic Mold may be present at the Work Location, The Company shall notify the Contract Administrator immediately upon discovery of asbestos, lead, toxic mold. The Company shall not disturb or remove known or discovered asbestos, lead, or toxic mold unless directed by Contract Administrator. Hazardous Waste: The Company shall bear full responsibility including, but not limited to, payment and liability for.the transportation, use and disposal of any hazardous or toxic substance under the Company's control during the performance of the Work, Disposal of hazardous waste should only be disposed of at JEA approved facilities. The Company shall provide JEA with appropriate documentation showing proper disposal of its hazardous or toxic substances. JEA has identified and labeled equipment known to contain PCBs. JEA will remove and transport any equipment so identified, The Company shall not remove or transport any equipment containing PCBs. The Company shall immediately notify the JEA Representative of any questionable or unmarked equipment and the JEA Representative will arrange for testing and identification, Toxic Substances Introduced by the Company: The Company shall notify the Contract Administrator in writing of the type, quantity and disposal method of any toxic substance used during the performance of the Work. The Company shall be solely responsible for the use and disposal of any such toxic substances. The Company shall submit cleanup procedures to the JEA Representative for review and written approval prior to the use of the toxic substance. In the event that a toxic substance escapes into the environment:. the Company shall immediately notify the Contract Administrator in writing of the occunence and the actions taken. In the event that the Company encounters toxic substances in the course of construction, the Company shall immediately notify the Contract Administrator verbally, with a written notification to follow. The Contract Administrator shall arrange for disposal by JEA. The Company will be solely responsible for all waste material including paints, lubricants, fuels, solvents, and other chemicals used in connection with the Work. The Company will provide proper containers for waste materials and comply with all applicable laws, rules and regulations in their disposal. The Company will dispose of all empty containers off-site as soon as possible. The Company will designate one area for transferring paints and solvents from large containers (55-gallon dntms) into smaller containers for daily use. Wetlands: " The Company understands and agrees that the Work Location may include wetlands or othe! environmentally sensitive areas. The Company shall not en~er these areas during the performance of its Work, unless specifically authorized by the Contract Administrator and appropriate state and federal permits have been obtained. Wildlife: The Company andlor Subcontractor's employees shall not endanger wildlife species or domestic animals of any kind. Violation of Environmental Laws and Permits: The Company shall immediately cease any activity that causes or results in a violation of JEA's or Company's environmental permits or federa.~ state and local laws and regulations, Such violation shall immediately be reported to the Contract Administrator verbally, with written notification to follow, All additional costs due to the Company's noncompliance with the applicable environmental regulations shall be paid by the Company. 17 1. 7.28. Quality Control and Quality Assurance [JEA-C324} The Company shall provide Quality Control to ensure the Work is performed in accordance with the Contract. Qu~lity Control shall be appropriate for the nature of.the Work, and shall be conducted in a manner conslstent with sound quality management and industrial engineering principles, The Company shall have only personnel trained in Quality Control techniques and experienced with the nature of the Work perform the Quality Control function. JEA may perform Quality Assurance activities. Such activities, whether performed or not, do not in any way limit or reduce the Company's requirements, JEA may become aware of quality related problems during its performance of Quality Assurance, but has no obligation to notify the Company of its fmdings. The Company shall provide access to all areas of Work, including the Company's facilities, for JEA Quality Assurance personnel and JEA Representatives. JEA will conduct Quality Assurance activities so as not to excessively interfere with the Work, however, where JEA Quality Assurance personnel request specific actions of the Company, the Company shall comply with the request and agrees that such compliance is included as part of its Contract Price. 1. 7.29. Safety and Protection Precautions [JEA-C329] The Company shall comply with all applicable federal, state and local laws, ordinances, all iliA procedures and policies including, but not limited to, JEA's Contractor Safety Management Process (available at JEA.com), and orders of any public body having jurisdiction for the safety of persons or protection of property. The Company understands .and agrees that violation of any provision of this clause is grounds for immediate termination of the Contract and the Company is responsible for all JEA damages associated with such termination. The Company shall only use those Subcontractors who have met JEA Safety Prequalification requirements per the iliA Contractor Safety Management Process. The Company shall ensure that Subcontractors and their personnel have all the necessary personal protective equipment and training needed to perform Work safely. The Company understands and agrees that JEA Representatives may stop Work at any time that JEA, at its sole discretion, considers the Company's Work to be unsafe or a risk to property, and to direct the Company to, at a minimum, perform as directed in such a way as to render the Work environment safe, The Company understands and agrees that it is responsible for paying aU costs associated with providing a safe work environment including, but not limited to, any costs associated with any JEA directed safety improvements. The Company further understands and agrees that it is solely responsible for the safety of personnel and property associated with the Work, and that any actions taken by JEA to prevent harm to persons or damage to equipment does not, in any way, relieve the Company of this responsibility. The Company Representative, or alternatively, the Company Supervisor, shall be designated ll.$ the Company's individual responsible for the prevention of accidents. The Company shall notify the police and fIre departments as to its Work Location in order to ensure prompt response in an emergency, 1.7.30. Samples lJEA-C330] 1<** If the product(s) specifIed in the Contract is/are unavailable after the A ward of the Contract, or if it is anticipated that the product(s) will vary considerably in function, size, usability, life expectancy, color, texture or other material ways from the specifications, or upon request of the Contract Administrator, the. Company shall submit a minimum of three Samples ofthe product(s). When variations in color, texture or other characteristics are anticipated, the Company shall submit a sufficient number of Samples to indicate the full range of such variances in the finished products. Samples shall be delivered to the following address: 18 \ 1 Bill Clendening JEA 2434 North Pearl Street Jacksonville, Florida 32206 904-665-4723 The Company shall submit all required Samples promptly so as to cause no delay in the Work. JEA will evaluate the Samples with reasonable promptness. No extensions of time will be granted to the Company because of failure to submit Samples in ample time for review and approval. The Company shall be solely responsible for the arrangements and costs of delivering and removing its Samples from JEA facilities. JEA may consume or destroy Samples during its tests to determine whether they meet the requirements of the Contract. The Company shall mark each sample with the Company's name, Contract number, Purchase Order Number, the purpose for which the Samples are submitted, and the submittal date. Samples shall be accompanied by a letter of transmittal along with all technical specifications, operating instructions, installation instructions, drawings and other documentation useable by the JEA Engineer in evaluating the Sample. Each Sample shall have a tag affixed in such a way that the JEA Engineer is able to stamp the tag indicating approval or disapproval of the Sample. If the JEA Engineer approves the Samples, they will be so stamped and the Company will be notified to reclaim all but one of any remaining Samples either in whole or part. Approval of such Samples will not relieve the Company from responsibility for any departure or deviations from the requirements of the Contract unless the Company, in writing, called the JEA Engineer's attention to such departures or deviations at the time of Sample submission. If the JEA Engineer does not approve the Samples, the Company will be notified to resubmit additional Samples for approvaL The JEA Engineer may revoke approval of a Sample, should Work-relatecl conditions change. 1. 7.31. Schedules - Milestone [JEA-C331] The Company shall submit a Summary Schedule to JEA prior to starting the Work indicating the starting and completion dates of the major activities of the Work. The Company shall update the Summary Schedule at least once per week and submit the updated Summary Schedule weekly to the Contract Administrator. "r 1. 7.32. Shop Drawings [JEA-C335J The Company shall promptly submit all required Shop Drawings in accordance with the provisions set forth in the JEA Contract Perfonnance Manual. JEA will not grant an extension of Contract Time due to the Company's failure to submit Shop Drawings in ample time to allow for checking, revisions, reviews, and approval. A letter of transmittal and one copy of each shop drawing shall accompany each submittal. Shop drawings shall be forwarded to the JEA Engineer. Each drawing shall be listed separately on the letter, The Company shall also note distinctively on the transmittal letter any deviations that the Shop Drawings may have from the requirements of the Contract Documents. If the materials in the Shop Drawings are not listed in JEAls Approved Materials Manual, then the Company shall forward five sets of each shop drawing to the JEA Engineer for review prior to purchasing 19 " the items, The Company shall also include the number of prints it desires to have returned. Th~ iliA Engineers approval of Shop Drawings shall not be constnled as a complete check, nor shall it rel1~v~ the Company from responsibility for any deficiency that may exist, or from any departures or deVI,ations from the requirements of the Contract unless the Company has, in writing, called th.e JEA Engmeer's attention to such deviations at the time of submission and obtained written approval for the deviation. The IDA Engineer's approval shall not relieve the Company from the responsibiIjty for errors of any sort in Shop Drawings or schedules, nor from responsibility for prop er fitting of the Wark, nor from the necessity of furnishing any Work, materials, equipment OT tools, required by the Contract Documents that may not be indicated on Shop Drawings when approved. The Company shall be solely responsible for all quantities and dimensions shown on the Shop Drawings. The Company shall not execute any Work until the JEA Engineer approves the Shop Drawings and a copy stamped "Approved" is at the Work Location. The Company shall, at no extra cost to JEA, make all changes and alterations whatsoever in Work perfonned or in subcontracts or orders placed prior to the approval of any and all Shop Drawings, JEA may revoke approval of Shop Drawings, should field conditicJDs so dictate, 1. 7.33. Storm Preparedness [JEA-C462] In the event of a Hurricane Warning, Tropical Storm Warning, or other large storm affecting the Work Location, the Company shall secure, or shall remove and store all equipment and materials at the Work Location including, but not limited to, cones, barricades, lights and signs. The Company shall begin taking such precautions as n~cessary to secure the .Work Location upon official issuance of mandatory evacuation . of the area of the Work Location and no laterthai124hours prior to predicted arrival of tropical storm or hurricane force winds, or when notified by a JEA Representative to do so, These activities are considered a regular part of the Work, regardless of the frequency they aTe required. 1. 7.34. Substantial Completion [JEA-C336] The Company shall notify JEA in writing when a portion of the Work is ready for acceptance and can be utilized for the purposes for which it was intended. The Company shall identify any deficiencies in the Work, JEA will inspect the Work and will give the Company written notice of either acceptance of that portion of the Work or additional deficiencies. The Company shall correct all deficiencies prior to Acceptancerofthe Work by JEA. Whenever any portion of the Work is substantially camp lete and can be utilized for the purpose for which it was intended; JEA may use it. Such use shall not be held in any way as an Acceptance of the Work or as a waiver of any provisions of the Contract. 1.7.35. Substitutions [.T.EA-C337) Whenever materials or equipment are specified or described in the Contract by using the name o~ a proprietary item or the name ofa particular supplier, the naming of the item is intended to establIsh the type, function and quality required. Materials or equipment of other suppliers may be accepted by the JEA Engineer if sufficient information is submitted by the Company to allow the lEA Engineer to determine that the material or equipment proposed is equivalent or equal to that named. The Company shall make written application to the JEA Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately tbe functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified, The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice the Company's completion of the Work within the Contract Time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions 20 t of any other Contract directly with JEA for Work on the Contract) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subj ect to payment of any license fees, royalties, pennits or any other costs, All variations of the proposed substitute from that specified shan be identified in the application and available maintenance, repair and replacement service shall be indicated. The application shall also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other Companies affected by the resulting change, all of which shall be considered by the lEA Engineer in evaluating the proposed substitute. Requests for review of substitute items of material and equipment will not be accepted by the JEA Engineer from anyone other than the Company, The JEA Engineer may require the Company to furnish, at the Company's expense, additional data about the proposed substitute. . If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract, the Company may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the JEA Engineer, if the Company submits sufficient information to allow the lEA Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract. The JEA Engineer will be allowect a reasonable time within which to evaluate each proposed substitute; such time shall not be deemed justification for an extension of the Company's time for completion of the Contract. 1 The JEA Engineer will be the sole judge of acceptability, and no substitute shall be ordered, installed or utilized without the lEA Engineer's prior written notice, which shall be evidenced by either a Change Order or an approved Shop Drawing. JEA may require reimbursement for the cost associated with JEA's evaluation of substitutions. JEA may require the Company to furnish, at the Company's expense, a special performance guarantee bonds or other surety with respect to any substitution. 1.7.36. Surveying [JEA-C339] Unless specifically stated in the Contract Documents as being provided by JEA, the Compa1}l shall be responsible for all surveying necessary to commence and perform this Work. The Company shall employ a land surveyor registered in the State of Florida to reference and restore all property comers and/or monuments that may have been disturbed and to ensure accurate horizontal and vertical control during the construction of this project and for staking locations for new structures. Height and spacing of stakes to be as specified elsewhere herein or as directed by JEA Engineer. AU Work shall be done to the lines, grades and elevations shown on the drawings, Any Work improperly . located may be ordered removed and replaced at the Company's expeDS'e, The Company shall be responsible for making its own determination of water table variations and shall not assume that any water levels shown by the aforesaid boring data will necessarily be maintained at the level indicated, The Company shall investigate the conditions above or below the surface of the ground as it may deem necessary for the proper and timely performance of its Work including, but not limited to, the making of borings, "Where soil conditions differ from expected, the Company shall be responsible for all costs incurred. In the event soil conditions are not as expected by either JEA, or the Company, the Company shall pay any 21 and all costs associated with changes required to properly accommodate actual soil conditions. 1.7.37. Temporary Closure of Roadways [JEA-563] The ~ompany shall not close or obstruct any portion of a street, road, or private way without fIrst obtaining pennlts, If any street or private way is rendered unsafe by the Company's operations, the Company shall make such repairs or provide such temporary ways and guards necessary for the protection and safety of persons on the Work and the public and for the orderly maintenance of traffic. All costs associated with temporary closure of roadways shall be included in Bid Document. The Company shan notify the police and frre departments in writing if it will be necessary to close a street. The Company shall copy JEA on all correspondence relating to street closure. The Company shall notify the police and fire departments prior to closure of the street. The Company shan be responsible for maintaining proper coordination with the proper authorities. Temporary closure of business entrances must be approved in writing by and coordinated with JEA. 1.7.38. Temporary Utilities [JEA-C342] The Company shall furnish and install a.ll temporary water, electricity and other utilities required to accomplish the Work. The Company shall obtain the water required for carrying out the Work from :f1re hydrants, existing water main connections, or new connections -approved by JEA, The Company shall install a back flow preventer and water meter assembly if construction water is necessa.ry, Upon Substantial Completion of Work, the Company shall remove all evidence of temporary connections and lines, Prior to initiating any construction Work, the Company shall coordinate and schedule the provision of temporary utility service required durin.g construction and arrange for the permanent installation and connection of utilities for the completed Work. 1.7.39. Tools and Equipment [JEA-C343] All tools and equipment used in the performance ofthe Work shall be used as intended by the manufacturer and in accordance with manufacturer operating manuals and industry practices, whichever is more stringent. The Company shall ensure that all tools and equipment used in the performance of the Work shall be of the size and quality suitable for safe and efficient performmce of the Work, lfthe Company-provided tools and equipment do not meet these requirements, or if in the sole opinion of JEA fonned after considering relevant factors, the tools or equipment are inappropriate for performance ofthe Work, the Company agrees to remove the unacceptable tools and equipment and obtain tools and equipment JEA considers suitable. Such replacement shall be entirely at the Company's expense, and no cha~e to Contract Time will be allowed, The Company is responsible for fumishing and the security of any and all tools and equipment required to perfonn the Work. 1. 7.40. Unforeseen Conditions [JEA-569] The Company understands and agrees that it is its responsibility to conduce due diligence prior to the Work. Such due diligence includes, but is not limited to, verifying all Work conditions, measurements, dimensions and latent and patent obstructions, the accuracy of drawings, test results, inspections and other informational materials provided in the Contract Documents, and any other causes for existing or potential changes to the Work prior to initiating the Work. In the event that the Work must be changed due to the Company's failure to fulfill the above requirements, the Company understands and agrees that it will be responsible for all costs associated with the changed condition. 22 i In the event, however, that the Company exercises the requisite due diligence and a change to the Work I J becomes necessary resulting from conditions that are clearly unforeseen and that could not have been discovered, the costs for adjusting the Work in response to such unforeseen conditions shall be addressed as stated herein in "Change in the Work" JEA-164, 1.7:41. Use of Explosives - Prohibited [JEA-C347] The use of explosives to perform any Work or activities related to this Contract is strictly prohibited. 1.7.42. Vendor Performance Evaluation [JEA-C338] Use of Vendor Performance Evaluation Scorecards JEA will evaluate the Company's perfomiance using the evaluation criteria shown on the vendor scorecard available at.TEA Procurement Bid Section, JEA Tower Suite 103, 21 W. Church Street, Jacksonville, FL 32202 or online at JEA.com, Scores for all metrics shown on the evaluation range from a low of 1, meaning significantly deficient performance, to Ii high of 5, meaning exceptionally good performance. The Company's performance shall be classified as Top Performance, Acceptable Performance, or Unacceptable Performance, as def'med herein. The evaluator will be a designated JEA employee or JEA contractor familiar with the performance of the Company. The evaluator's supervisor and the Chief Purchasing Officer will review deficient performance letters and Unacceptable Performance scorecards, as descn"bed below, prior to issuance, When evaluating the Company's performance, JEA will consider the perfo~ce of the Company's Subcontractors and suppliers, as part of the Company's performance. Frequency of Evaluations JEA may conduct performance evaluations and prepare scorecards in accordance with the procedures described herein at any time during performance of the Work or soon after the completion of the Work. JEA may conduct one or more evaluations determined solely at the discretion of JEA, ; Unacceptable Performance. If at anytime, JEA determines, using the criteria described on the scorecard, that the performance of the Company is Unacceptable, the Contract Administrator and Chief Purchasing Officer or his designated alternate will notify the Company of such in a letter. The Company shall have 10 days to respond to the Contract Administrator. Such response shall include, and preferably be delivered in-person by an officer of the Company, the specific actions that the Company will take to bring the Company's performance up to at least Acceptable Performance. Wiptin 30 days from date of the first Unacceptable Performance letter, the Contract Administrator and Chief Purchasing Officer or his designated alternate will notify the Company by letter as to whether its perfonnance, as determmed solely by JEA, is meeting expectations, or is continuing to be Unacceptable. If the Company's performance is described in the letter as meetiilg expectations, no further rem;dial action is required by the Company, as long as Company's performance continues to be Acceptable. If the Company's performance as described in the letter continues to be Unacceptable, or is inconsistently Acceptable, then the Company shall have 15 days from date of second letter to demonstrate solely through its performance of the Work, that it has achieved Acceptable Perfonnance. At the end of the I5-day period, JEA will prepare a scorecard documenting the Company's perforrnance from the start of Work, or date of most recent scorecard, whichever is latest, and giving due consideration to improvements the Company has made in its performance, or has failed to make. If the scorecard shows Company's performance is Acceptable, then no further remedial action is required by Company as long as Company's performance remains Acceptable. If the scorecard shows the Company's performance is Unacceptable, JEA will take sucb actions as it deems appropriate including, but not limited to, termiriating the Contract for breach, suspending the Company from bidding on any JEA related solicitations, and other remedies available in the JEA Purchasing Code and in law. Such action does not relieve the Company of its obligations under the Contract, nor does it preclude an earlier termination: 23 , ~ In the event that the Contract Term or the remaining Term of the Contract does not allow for the com?l~tion of the deficient performance notification cycles described above for those in danger of r~celVI~g an Unacceptable Performance scorecard, JEA may choose to accelerate these cycles at its sole dIscretion, If the Company receives five or more letters of deficiency within any 12 month period, then JEA will prepare a scorecard describing the deficiencies and the Company's performance will be scored as Unacceptab Ie. Acceptable Performance JEA expects the Company's performance to be at a minimum Acceptable. Top Performance Where the Company is able to demonstrate consistent Top Performance for a period of not less than six months, JEA shall recognize the Company, by inducting the Company as a JEA Blue Ribbon Supplier. JEA Blue Ribbon Suppliers are, to the extent reasonably possible and practical, provided preferential consideration when awarding emergency-related work that cannot be competitively publicly bid, JEA Blue Ribbon Suppliers, may also be subject to consideration for a reduction in lower retainage and bonding requirements after A ward, as determined by the Chief Purchasing Officer at the time of A ward. Disputes In the event that the Company wants to dispute the results of its scorecard performance evaluation, the Company must submit a letter to the Cruef Purchasing Officer supplying supplemental information that it believes JEA failed to take into account when preparing the:: scorecard. Such letter, along with supplemental information, mustbe submitted no later than 10 days following the Company's receipt of the scorecard. lithe Chief Purchasing Officer decides to change the scorecard, the Company will be notified and a revised scorecard will be prepared, with a copy issued to the Company. If the Chief Purchasing Officer decides that no change is warranted, the decision of the Chief Purchasing Officer is f'mal, Ii the Company is to be suspended from consideration for future award of any contracts, the Company may appeal to the Procurement Appeals Board as per JEA Purchasing Code, There can be no expectation of confidentiality of performance-related data in that all performance-related data is subject to disclosure pursuant to Florida Public Records Laws, All scorecards are the property of JEA, 1.1.43. Video Records [JEA-C349] *** Prior to any alterations to the Work Location, the Company shall video record the entire Work Location, The Company shall provide original video recording to the Contract Administrator no later than 15 days after the date of the Notice to Proceed. ~. When required by the technical specifications, the Company shall provide a monthly video record (on DVD) of construction progress to the JEA Project Manager. If construction is being conducted in different localities, then video shall be taken at each Work Location. The.TEA Project Manager reserves the right to select the views to be video recorded. DVD(s) shall be labeled with record of date taken, iliA's assigned project tracking number, and a brief description oftimes and activity covered in the video. The Company shall take the progress video(s) between the 20th and 25th day of each month and submit the video(s) to the JEA Project Manager before the end of the 27th day of each month. If Company fails to submit the video(s) to the JEA Project Manager before the 28th day of each month, JEA reserves the right to have the video tape(s) taken by an independent Recording Company at the Company's expense, In addition, the Company shall provide unedited video(s) with superimposed timer and vocal commentary of the pre construction and post construction conditions, Video(s) shall be DVD format and inciude both sides of the right-of-way and record close attention to paved and unpaved ddveways and walkways; conditions of lawns, shrubs, flowers, flower beds, and trees; conditions of pavement, fences, signs, planters 24 \ and any other item within the area of the Work or adjacent right-of-way. The video(s) shan become a part I ?fthe Contract Adminis~ator"s and JEA Project Manager's permanent job records. The video(s) shall be mdexed using the timer for locations by stationing and by street intersections. The video(s) shall include each waterway crossing. An upstream and downstream view of eacb bank at the point of crossing shall be taken recording the inertial zone and/or mean high water level. Also, a view of the line route shall be taken from each bank of the crossing and elsewhere as the JEA Project Manager may direct. Construction shall not begin until video recordings are approved by the JEA Project Manager. The video(s) shall depict wet conditions of the Work Location and surrounding areas whenever possible. 1.7.44. Weather Protection [JEA-C350] The Company shall provide proper facilities, take all necessary precautions and assume the entire cost for protecting the Work against weather conditions and for handling all storm, flood and ground water, sewage, or other seepage, that may be encountered during the performance of the Contract. The Com.pany shall provide for such contingencies and for carrying on the Work in freezing weather by methods that meet with the approval of the JEA Engineer. If the Company fails to provide such protection, or in the event of an emergency, JEA may provide such protection at the Company's expense. 1.7.45. Work information [JEA-C351] Inthe event the. Company requires additional information regarding the scope, technical specifications, Work Locations, personnel requirements, or other information pertinent to the Work or Contract, the Company shall request such information or clarifications from the Contract Administrator in writing, Within the bounds of JEA Representative's authority, JEA Representatives may provide requested inforrnation to the Company. J 1. 7.46. Work Location Cleanliness [JEA-C352] The Company shall, at all times, keep the Wark Location free from an accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, the Company shall remove all waste materials and any rubbish from and about the project, as well as any tools, construction equipment, machinery and surplus materials, If the Company fails to clean up at the completion of the Work, JEA may do so as provided elsewhere in the Contract and charge the cost thereof to the Company. 1. 7.47. Work Schedules [JEA-C353] The Approved Schedule is established on the basis of working five days per week, single shift, eight hours per day or four days per week, .single shift, 10 hours per day. JEA may require the Compan~ to base its schedule on an accelerated Work schedule or multiple shifts. The Company shall not schedufe work on Holidays without obtaining prior written approval from JEA. The Company shall, at no additional cost to JEA, increase or supplement its working force and equipment and perform the Work on an Overtime or multiple shift basis when directed by JEA and upon notification that the Company is behind schedule, The Company shall submit a revised schedule in writing demonstrating the Company's schedule recovery plans. The Company understands and agrees that the rate of progress set forth in the Approved Schedule already allows for ordinary delays incident to the Work. No extension of the Contract Time will be made for ordinary delays, inclement weather, or accidents, and the occurrence of such events will not relieve the Company from requirement of meeting the Approved Schedule. 25 1.7.48. Workmanship [JEA-C354] The Company shall perform all Work in a safe and professional manner, so as to render a neat and unifmTIl app~arance. The Company shall handle all material in such a way as to preserve its finish and protective coatmgs from damage. General arrangement shall be in accordance w'ith JEA Distribution Construction Standards and shall be satisfactory to the Contract Administrator. 1.8. SECTION TITLE: JSEB CERTIFIED FIRMS [JEA-515] 6.8,1. Optional US\5 of Jacksonville Small Emerging Business (JSEB) Qualified Firms [JEA-C469] For !he performance ofthe Work herein, the Compal1Y is not required, but is encouraged, to utilize the servlCes of JSEB qualified firms, as addressed by the City of Jacksonville's and JEAls JSBB program. lfthe Company uses a JSEB qualified firm for the performance of any part of this Work; the Company shall submit to JEA, with its Invoice, a listing of JSEB qualified firms that have participated in the Work. Such listing shall be made using the form "List of JSEB Subcontractors" available at JEA.com, All questions and correspondence concerning the JSEB program should be addressed to: JSEB Coordinator, JEA, 21 W, Church Street CC-6, Jacksonville, FL 32202. 1.9. SECTION TITLE: JEA FURNISHED ITEMS [JEA-516] 1.9.1. Conditions of Provisioning [JEA-C356] The Company understands and agrees that it shall be solely responsible for providing everything necessary to perform the Work and to be in full compliance with the Contract Documents, except for those items specifically listed herein as being provided by JEA. Any use of JEA furnished items on non-JEA work is a breach of the Contract and a violation of the law. All JEA furnished items are the property of JEA when issued, stored by Company, and used in performance of the Work. The Company agrees that it shall use all JEA furnished items in a manner consistent with industly practice, codes, laws, considering the condition of the JEA furnished item, the skills of the individuals using the JEA furnished item, and all environmental conditions. The Company understands and agrees that where lEA and the Company shall share JEA furnished items, JEA usage shall always have priority over Company usage, and the Contract Administrator shall have sole authority to resolve any usage dispute and such resolution shall not result in any claim by Company, The Company agrees to return to JEA, and to the location as establisbed by a JEA Representative, any unused or salvageable items prior to fmal payment. The Company agrees that JEA has the right to audit and investigate the Company at any time how the Company is using iliA furnished items. JEA will bill the Company for unaccountable JEA furnisbed material at the current JEA cost. f> 1.9.2. Access to Work Locations [JEA-357] iliA will proVide, as indicated in the Contract Documents, and no later than the date when needed by the Company, access to the Work Location, including rights-of-way or access thereto, and such other lands that are designated for the Company's use. JEA will secure easements for permanent structures or permanent changes in existing facilities, unless otherwise specified in the Contract Documents. 1.9.3. Contract Documents [JEA-361J iliA will furnish a maximum of three complete sets of the Contract Documents, or portions requested thereof, upon request by Cornpany, 26 ..:., 1.9.4. JEA Polley, Standards and Procedure Manuals [JEA-370] JEA will furnish one copy of JBA policy, standard and procedure manuals on an as needed basis upon the Company's request to the Contract Administrator. 1.9.5. Permits [JEA-379] "'*'" JEA will obtain the following permits, approvals and licenses, . City of Jacksonville and FOOT right-ot-way permits 1.9.6. Test Boring Allowance [JEA-459] JEA will provide funds as specified on the bid sheet to reimburse Company at cost for hiring one or more " testing laboratory(ies) to perform all sampling, field testing and laboratory testing as specified herein, or as directed by the JEA Engineer. All testing is to be performed under the the direct supervision of a registered geotechnical engineer paid for with the allowance. The testing allowance is to be used for first tests only, Any retesting due to failed first tests shall be at Company's expense, Company shall clearly mark on its invoices costs associated with testing services identifying the cost to Company of the testing service, Company agrees to invoice JEA for testing services at its cost with no markup. \ 1.10. SECTION TITLE: FREIGHT, SHIPPING & STORAGE [JEA-517] 1.10.1. Damaged Materials or Equipment [JEA-C143] The Company shall report to the Contract Administrator any materials issued by JEA or delivered by the JEA material supplier and received by the Company that are later found to be faulty, damaged or discrepant in some manner. The Contract Administrator will obtain appropriate replacoment materials upon written notification from the Contract Administrator, The Company shall not, under any circumstances, make a material replacement without written approval of the Contract Administrator, The Company understands and agrees that damage to material and discrepancy of material is an expected part of performing the Work, and as such; the Company agrees it shall be solely responsible for any additional costs incurred as a result of damaged or discrepant materials, including, but not limited to, the costs to keep or get the Work on the Approved Schedule. JEA will bill the Company for materials or equipment that are damaged while in the Company's custody. In such a case, the Company shall be charged the current JEA cost plus an inventory handling fee. If 1.10.2. Material Delivered to Company Sites [JEA-C145} The Company shall be responsible for all unloading, handling and storage of Work-related materials at the Work Location. Where the Company is to use a JEA-designated supplier to d~liver materials to the Work Location, JEA will provide the Company, upon request, with contact names and information, along with required material lead-times, The Company is solely responsible for taking into account required material lead-times when planning its performance of the Work, and for communication and coordination of materials delivered to the Work Location by JEA suppliers, Where beneficial to JEA, the Company shall order quantities by truckload, unless otherwise permitted by the Contract Administrator, The Company shall be responsible for any additional delivery costs charged by the JEA material supplier for any Company delays. If, for any reason, the Company is unable to receive, unload, handle or store materials it has ordered or caused to be ordered, the Company shall be responsible for any and all additional costs incurred by JEA for unloading, handling, storing, or additional shipping costs. In such cases where JEA is receiving items when the Company is unable to, such receipt does not indicate JEAls Acceptance of items, 27 1.10.3, Salvage and Excess Materials and Equipment [JEA-C148} The Company shall protect salvaged or salvageable equipment and material from loss and damage. The Company shall protect excess materials and equipment provided by JEA to the Company for use in the Work from loss and damage. The Company shan inventory, sort.and return salvage and excess materials, and shall weigh conductors. The Company shall return salvage and excess materials and equipment to the appropriate JEA Service Center accompanied by the Contractor Material Returns Form, in accordance with the JEA Inspector and the instructions and authorization of the JEA Storeroom Foreman. 1.10.4, Shipping to and Storage at Work Location [JEA-C152] Shipping Materials and equipment to be installed by the Company shall be delivered by the Company to the Work Location or such other place as may be designated by the Contract Administrator, Insofar as transportation conditions will allow, items shall be shipped complete and ready for installation. Where applicable, the Company shall be responsible for obtaining any permits required for tranaportation to the Work Location. The Company shall provide an Advance Ship Notice to the Contract Administrator or designated Work Location manager. Storage Under arrangement with the JEA Engineer, and upon his approval, a limited amount of temporary indoor storage space may be made available, but only for the equipment that must be protected from the weather. Equipment for which arrangements have been made for indoor storage, shall be packed separately and the container clearly marked "For In.door Storage." For equipment that will be stored indoors and that will require special storage precautions, the storage instructions shall be shown on the outside of each container, or in a durable envelope identified as containing storage instructions and attached to the container. 1.10.5. Storage of Equipment [JEA-C153J The Company shall be responsible for all storage of materials, equipment, vehicles, tools, and all other items associated with the Work. Such storage shall comply with applicable regulations appropriate for the items being stored to ensure suitable care for items and protection from theft, vandalism, or inappropriate use. The Company is solely responsible for the costs for such storage, unless otherwise indicated in the Contract Documents, and any costs associated with noncompliant storage including, but not limited to, loss and damage to items. Tn the event that JEA directs the Company to stop the Work, costs associated with storing equipment or materials will be compensated in accordance with the provisions stated herein in "Change in the Work" JEA-l64, The Co.mpany shall ensure that JEA Representatives have ~ccess to Work-related storage on an as needed basis during regular work hours and Overtime. r 1.1 0.6. Title and Risk of Loss [JEA-C154] JEA will retain the title to equipment and materials removed from JEA sites for repairs, service or duplication, Ownership, risks of damage to or loss of the Work shall pass to JEA upon Acceptance. The Company shaU assume all risk of loss or damage to the Work while items are in transit and/or in the Company's custody until such tl..'!le that JEA issues wTitten notice of Acceptance. JEA's receipt or delivery of any equipment or other materials will not constitute iliA's Acceptance of the Work and will not constitute a waiver by JEA of any right, claim or remedy, In the event of loss or damage to the Work, the Company shall bear all costs associated with any loss or damage until Acceptance by JEA. 28 t 1.11. SECTION TITLE: INDEMNIFICATION AND INSURANCE REQUIREMENTS ~I 1.11.1. Indemnification Company shall hold harmless, indemnify, and defend JEA against any claim, action, loss, damage, injury, liability, cost and expense of whatsoever kind or nature (including, but not by way of limitation, reasonable attorney's fees and court costs) arising out of injury (whether mental or corporeal) to persons, including death, or damage to property, arising out of or incidental to the negligence, recklessness or intentional wrongful misconduct of the Company and any person or entity used by Company in the performance of this Contract or Work perfonned thereunder. For purposes of this Indemnification, the term "JEAn shall mean JEA as a body politic and corporate and shall include its governing board, officers, employees. agents, successors and assigns. This indemnification shall survive the tenn of a Contract entered -into pursuant to this solicitation, for events that occurred during the Contract term., This indemnification shall be separate and apart from, and in addition to, any other indemnification provisions set forth elsewhere in this Contract. 1.11.2.. Insurance Requirements Before starting and until acceptance of the Work by JBA, and without further limiting its liability under the Contract. Company shall procure and maintain at its sole expense, insurance of the types and in the minimum amounts stated below: Schedule Amount Workers' Compensation Florida Statutory coverage Statutory Limits (Workers' Compensation) . and Employer's Liability $500,000 each accid~nt (Employer's Liability) Commercial General Liability Premises-Operations $1,000,000 each occurrence Products-Completed Operations $2,000,000 annual aggregate for bodily injury Contractual Liability and property damage, combined single limit Ind~pendent Contractors Broad Form Property Damage Explosion, Collapse and Underground Hazards (XCU Coverage) as appropriate Automobile Liability All autos-owned, hired, $1,000,000 each occurrence, combined single or non-owned limit r'r Excess or Umbrella Liability $2,000,000 each occurrence and annual aggregate Company's Commercial General Liability and Excess or Umbrella Liability policies shall be effective for two years after Work is complete. The above Indemnification provision is separate and is not limited by the type of insurance or insurance amounts stated above. Company shall specrry JBA as additional insured for all coverage except Workers' Compensation and Employer's Liability. Such insurance shall be primary to any and all other insurance or self-insurance maintained by JBA, Company shall include a Waiver of Subrogation on all required insurance in favor of JEA, its governing board, officers, employees, agents, successors and assigns. 29 Such insurance shall be written by a company or companies licensed to do business in the State of Florida an~ satisfactory to JEA. Prior to commencing any Work under this Contract, certificates evidencing the mamtenance of the insurance shall be furnished to JEA for approval. Company's and its subcontractors' certificates of insurance shall be mailed to JEA (Attn. Procurement Services), Customer Care Center, 6th Floor, 21 West Church Street, Jacksonvi1le, FL 32202-3139. The insurance certificates shall provide that no material alteration or cancellation, including expiration and non-renewal, shall be effective until 30 days after receipt of written notice by JEA. An~ subcontractors of Company shall procure and maintain the insurance required of Company hereunder dunng the life of the subcontracts. Subcontractors' insurance may be either by separate coverage or by endorsement under insurance provided by Company. 'Company shall submit subcontractors' Certificates of Insurance to JEA prior to allowing subcontractors to perform Work on JEA' s job sites. 1.12, SECTION TITLE: CHANGES TO WORK [JEA-519] 1.12.1. Change in the Work [JEA-C1641 To request or claim any change in the Work including, but not limited ta change in scope, quantities, pricing, or schedules, the Company shall submit a letter to the Contract Administrator stating such request or claim. JEA shall have the right to approve or disapprove any request or claim for change as it deems necessary and in its best interests consistent with the other Contract requirements. v&ether requested by the Company, claimed by the Company, or contemplated by JEA, no change shall be authorized unless made on a JEA Change Order signed by the Contract Administrator or through a formal written amendment to this Contract. In the event of an emergency endangering life or property where it is appropriate for the Company to take action, the Com.pany shall undertake such actions to preserve life and property. JEA and the Company will determine after emergency is concluded, the extent of out-of-scope work performed by Company, and the Contract Administrator will issue a Change Order or amend the Contract for such work, if any and as necessary. All requests for changes filed by the Company shall be in writing delivered to the Contract Administrator within 10 working days of when the event that prompted the claim was discovered or should have been discovered. Upon receipt of the Campania claim notification, Contract Administrator will provide written direction as to the procedures that will be used to address the request The Cotnpany's request shall be sufficiently detailed including itemized costs, condition and work descriptions and other information necessary to evaluate the merits of the claim. The Contract Administrator may rej ect requests providing insufficient supporting information, Any change in the Contract resulting from the request wW be incorporated into the Contract via a Change Order or Purchase Order, Where JEA and the Company are unable to reach a mutually acceptable resolution of request, JEA's determination will be fmal. Where necessary, JEA will determine the value of work covered by a Change Order using one of the following methods: a. Where the work is covered by established Unit Prices contained in the Contract, the Unit Price will be applied to the quantity of work, b, By mutual acceptance oflump sum price, c. By actual cost and a mutually acceptable fIxed amount for overhead and profit, or Where Bid Price was based on estimates quantities, prior to making fmal payment, JEA will detennine actual quantities using sampling, surveying and other industty recognized means and prepare a Change Order adjusting the price to reflect actual volumes. 30 ~~ The Company shall immediately notify the Contract Administrator in writing of any unauthorized change I in the scope of the Work or significant change in the quantities of the Work that may increase the Contract Price, require an extension of Work schedule, or negatively impact permitting or other regulatory requirements. The Work schedule may be changed only by a Change Order or Purchase Order. The Company's request or claim for a Work schedule adjustment shall be in writing delivered to the Contract Administrator within five working days following the discovery of the event that prompted the claim or when the event should have been discovered. Where accepted by JEA, changes to Work schedule will only adjust for critical path impacts, Failure to include the necessary critical path analysis with request shall bci grounds for rejecting the claim. The path of critical events mentioned herein means the series of interdependent Work events that must be sequentially performed and that require a longer total time to perfonn than any other such series. Upon receipt of the Company's request for a change in the Work schedule, the Contract Administrator will provide any additional directipns in writing detailing the procedures that will be used to resolve the request, including provision of time impact or manpower and equipment loading schedules. Where JEA and the Company are unable to reach a mutually acceptable resolution of request, JEA will make a commercially reasonable determination, made in accordance with JBA's Purchasing Code, which shall be finaL All Work defined on Change Orders shall be subject to the conditions of the Contract, unless specifically noted on the Change Order. 1.12.2. Company Review of Project Requlrements [JEA-C165] The Company shall review the Work requirements and specifications prior to commencing Work. The Company shall immediatelY notify the Contract Administrator in writing of any cOI1flict with applicable law, or any error, inconsistency or omission it may discover. JBA will promptly review the alleged conflicts, errors, inconsistencies or omissions, and issue a Change Order or Purchase Order as appropriate if JEA is in agreement with the alleged conflict, and issue revised specifications. Any Work the Co~pany " performs prior to receipt of approved Change Order will be at the Company's sole risk. 1.12.3. No Damage for Delay [JEA-C160] Damage, loss, expense or delay incurred or experienced by the Company in the prosecution of the Work by reason of unforeseen circumstances, unanticipated difficulties and obstructions, bad weather, or other mischances that are generally considered to be a part of the usual hazards associated with Work, shall be borne entirely by the Company and shall not be the subject of any claim for additional compensation or change in Approved Schedule. The Company agrees that its sole remedy for any claims, damages or losses related to any delay, disruption or hindrance aIIeged to be caused by JEA or any of JEA's agents or other contractors, shall be",an extension ofthe Contract completion date. Any demand for equitable adjustment must be served in writing to JEA within five days of the event giving rise to any delay, disruption or hindrance. Any request for an equitable adjustment shaIl be accompanied by a logical time impact analysis, demonstrating the nature and magnitude of the event to the critical path, Failure to strictly comply with these requirements shall be deemed a waiver of any right to seek equitable adjustment. In the event the "no damage for delay" clause is inapplicable, there shall be no recovery for home office overhead and any damages claimed shall be proven by discreet accounting of direct project costs and no theoretical formula or industry estimating reference manuals shall be pennissible, 31 1.12.4. Notification of Surety [JEA-C167] The Company shall notify its surety of any changes affecting the general scope of the Work or altering the Con~act Price. The amount of the applicable bonds shall be adjusted accordingly and the Company shall furnish proof of such adjustment to JEA within 10 days of date of Purchase Order, 1.12.5. Supplemental Work Authorizations (SW A) [JEA-538) The JEA Representative will issue a written SW A to incorporate cost or schedule changes into the Co~tract. Issuance of an SW A is solely at the discretion of the JEA Representative. The SW A shall be used for mcreases or decreases in the Contract price, within the SW A amount set forth in the Bid, or to make changes in schedule for performance of the Work. An SWA shall authorize the Company to perform changes in the Work. The Company shall not start on SWA work until the Company receives a fully authorized, written SW A form, signed by the appropriate JEA personnel- the Company shall not consider verbal statements as authorization to proceed with the changes. The Company should not expect that any SWAs will be issued, ,lEA shall have no obligation to pay for SWA work unless the same is performed pursuant to a written SWA form signed before the SWA work is commenced. Agreed Upon Lump Sum Method The Company and the JEA Representative shall mutually agree to the pricing of an SW A, Any negotiated increase or decrease in the Contract Price shall be based on the Company's costs for labor, materials and supplies directly applicable to the increase or decrease plus 10% thereof for Company's supervision, overhead, bonds and profit. For any negotiated increase or decrease, the Company will provide a complete detailed breakdown for all labor, material, and equipment, ete, associated with the change. A lump sum figure submitted with no breakdown will be returned to the Company without review. Cost Reimbursable (Time and Materials) Method Whenever the Company and the JEA are unable to agree on costs for an increase in the Work, JEA or JEA Representative shall order the Company to proceed with the Work on a cost reimbursable (time and material) basis. JEA will pay the Company for the SW A work in the manner here:inafter described, and the compensation thus provided shall constitute full payment for said work. JEA shall issue the SW A for the Company to perform the specific work with payment determined as follows: For materials purchased by the Company and used in the work, the Company shall be paid the actual cost of such materials, including sales taxes if required, and freight and delivery charges as shown by original receipted bills. A mark-up amount equal to 10% of the sum thereofshaU be added to this cost. JEA reserves the right to select and approve, or to reject the materials to be used and the sources of supply of any materials furnished by the Company. The Company will be paid the cost of wages for all labor that is engaged in the Work, plus the actual cost chargeable to the Work for workers' compensation insurance, social security taxes, unemplo~ent compensation insurance and such additional amounts as are paid by the Company, A total mark-up shall be added equal to 10% of wages and other cost listed above. In evidence of the costs of labor the Company shall provide a certified statement of wages actually paid, together with copies of supporting payrolls. Wage rates used in determining the amount ofthe payment will be the actual wage rates paid by the Company for Wark under this Contract, except that no rate used shall exceed the rate of comparab Ie labor currently employed on the project. Payment for the services of foremen in direct charge of the specific operation will be rnade. Payment for the service of superintendents, timekeepers or other overhead personnel will not be made nor will payment for the services of watchmen be made unless required specifically by the SW A Work. The actual function performed by an employee rather than its payroll title will be the criterion used in determining the eligibility of an employee's services for payment under this provision. The types and amounts of equipment and machinery used by the Company in carrying out its work under the SW A shalI be made in keeping with normal practice for work of similar nature. JEA may, at its 32 , I discretion, limit by specific instruction the types and amounts of equipment and machinery to be used. For all equipment and machinery used in the SW A work, JEA will pay 80% of the rental value as set forth in the Blue Book value or actual cost, whichever is 1e~s, to which no mark-up percentages will be added, In computing the hourly rental of such equipment, less than 30 minutes shall be considered 1/2 hour except when the minimum rental time to be paid is one ham. Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time of equipment to be paid for shall be the time the equipment is in operation onilie SW A work being performed. The Company shall be reimbmsed for the time required to move the equipment to the Work, and return it to its original location, only if the Company is charged this cost by the renting agency. No payment will be allowed for the use of small tools and minor items of equipment, which, as used herein, are defined as individual tools or pieces of equipment having a replacement value of $500.00 or less. The Company and JEA Representative shall compare records of the Work performed on a Cost Reimbursable basis at the end of each day. These records shall be prepared by the Company and shall be signed by both JEA and the Company Representative. A copy of these records shall be submitted to JEA with the invoioe for the work. Payment for cost reimbmsable SW A work will be included in monthly progress payments. The Company's Subcontractors will be allowed a 10% mark-up on Work perfonned by their own forces. The Company will be allowed a 5% mark-up on the Subcontractor's costs (i.e. labor and materials) only, no mark-up on the Subcontractor's profit. Force Account Procedures JEA may, at its sole discretion, implement force account procedures in order to limit the costs for performance of SW A work. For force account work, JEA will utilize the cost reimbursable method : described herein, in addition to the following terms. When approved in advance in writing by the Contract Administrator, the Company may include towing or transporting costs when the equipment is moved by means other than its own power. No payment will be made for moving time, towing or transporting the equipment if the equipment is used at the Work Location to perform Work that is not part of the foroe account work. JEA will pay the Company the actual costs, with no percentages added for additional premiums on the Payment and Performance Bonds resulting from the inclusion of force account work and for additional premiums paid on public liability and property damage insurance resulting from extra hazard inherent in the force account work beyond the hazard normally encountered in Work upon the Company presentation of evidence from its bonding and insurance carriers, l' r The provisions above cover payment for the cost of additional premiums paid on workers' compensation insurance by reason of extra hazard introduced into the Company's operations by the force aocount work, except that any claims the Company makes for additional cost of a higher insurance rate to any portion of the payroll beyond that chargeable to the force account work must be substantiated by evidence from the Company's insurance carrier. The Company shall provide a certified statement of wages paid and supporting payrolls, and copies of equipment rental charges and bills for materials as evidence of the costs oflabor, equipment and materials for which payment is to be made under the force account order, The Company shall provide all such documentation to support its claims and agrees that JEA shall have the right to audit the Company's fmancia1 and operating documents to ensure compliance with this requirement. All work performed under the force account procedme shall be provided and executed in a commercially sound manner using competitive bidding or negotiations, and other cost management procedures to ensure all amounts charged to JEA minimize the JEA costs for such work. 33 1.12.6. Suspension of Work [JEA.C477] JE~ may suspend the performance of the Work rendered by providing the Company with five days written notIce of such suspension, Schedules and compensation for performance ofllie Work shall be amended by mutual agreement to reflect such suspension, In the event of suspension of Work, the Company shall resume tbe full performance of the Work when JEA gives written direction to do so, Suspension of Work caused by the Company's sole negligence or failure to perform shall not affect the Company's compensation as outlined in the Contract Documents. 1.12.7. Unauthorized Work [JEA-C168] JEA will consider any Work done without lines and grades given, Work done beyond the lines and grades shown on the Contract or as given, or any extra Work done without written authority, as unauthorized Work and will not pay the Company for such Work. If so ordered by the Contract Administrator, the Company shall remove such Work and properly replace it at the Company's own expense, 1.13. SECTION TITLE: LABOR [JEA-520] 1.13.1. Company's Labor Relations [JEA-C169] The Company ~haU negotiate and resolve any disputes between the Company and its employees, or anyone representing its employees. The Company shall immediately notify JEA of any actual or potential labor dispute that may affect the Work and shall inform JEA of all actions it is taking to resolve the dispute. 1.13.2. Minimum Qualifications of Company Personnel [JEA-C170} All Company personnel shall be at a minimum qualified for the tasks they are assigned. All Company personnel shall be able to read, write, speak and understand English. All Company personnel shall act in a professional manner, with due sensitivity to other persons at the Work Location. If JEA, at its sole discretion, determines that a Company person is unqualified, unfit, or otherwise unsuitable for the tasks assigned, the Company shall immediately stop the person from performing the tasks, and replace the person. with a qualified individual. The Company shall pay all costs associated with replacing the unqualified person including, but not limited to, termination, recruiting, training, and certification costs. The Company personnel assigned supervisory roles, and those with increased authority shall be held to strict scrutiny of their qualifications and suitability for their positions. In addition to the other provisions of this clause, the Company shall provide written documentation as to experience, education, licenses, certifications,professional affiliations, and other qualifications of the individual, within one day of request from the Contract Administrator. Any changes to such personnel after approval shan require;~e written permission of the Contract Administrator, 1.13.3. Nondiscrimination [JEA-Cl71] The Company represents that it has adopted and will maintain a policy of nondiscrimination against employees or applicants for employment on account cfrace, reUgion, sex, color, national origin, age or handicap, in all areas of employee relations, throughout the TenD of this Contract. The Company agrees that on written request, it will allow JEA reasonable access to the Company's records of employment, employment advertisement, application fonns and other pertinent data and records for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this Contract; provided however, the Company sna11 not be required to produce, for inspection, records covering periods of time more than one year from the effective date of this Contract. The Company shall comply with the following executive orders, acts, and all rules and regulations implementing said orders or acts, which are by this reference incorporated herein as if set out in their 34 , entirety: y the provisions of Presidential Order 11246, as amended, and the portions of Executive Orders 11701 and 1 17Sg as applicable to Equal Employment Opportunity; the provisions of section 503 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act (ADA); and the provisions of the Employment and Training of Veterans Act, 38 V.S.C. 4212 (formerly 2012), The Company agrees that if any of the Work of this Contract will be performed by a Subcontractor, then the provisions of this subsection shall be incorporated into and become a part of the subcontract. 1.13.4. Payment of Overtime [JEA-C172] Intentionally left blank. 1.13.5. Scheduling of Overtime [JEA-C173] Intentionally left blank. 1.13.6. Show-Up Pay [JEA-C174] In the event that inclement weather prevents the Company from performing Work. the Company tnay be obligated to pay its crew a show-up pay. The Company shall be solely responsible for providing this pay. 1.14. SECTION TITLE: RIGHTS & REMEDIES [JEA-521] 1.14.1. Intellectual Property [JEA-C175] The Company grants to JEA an irrevocable, perpetual, royalty free and fully paid-up right to use (and such right includes, without limitation, a right to copy, mocl.ifY and create derivative works from the subject matter of the grant of the right to sublicense all, or any portion of. the foregoing rights to an affiliate or a third party service provider) the Company's intellectual property (including, without limitation, all trade secrets, patents, copyright and know-how) that is contained or embedded in, required for the use of. that was used m the production of or is required for the reproduction, modification, maintenance, servicing, improvement or continued operation of any app licable unit of Work. If the Work contains, has embedded in, requires for the use of any third party intellectual property, or lfthe third party intellectual property is required for the reproduction, modification, maintenance, ~rvicing, improvement or continued operation of the Work, the Company shall secure for JEA an irrevocable, perpetual, royalty free and fully paid-up right to use all third -party intellectual property. The Company shall secure such right at its expense and prior to incorporating any third party intellectual property (including, without limitation, all trade secrets, patents, copyright and know-how) into any Work, including, without limitation, aU drawings or data provided under the Contract, and such right must include, without limitation, a right to copy, modify and create derivative works from the subject matter of the grant of the right and a right to sublicense all or any portion of the foregoing rights to an affiliate or a third party service provider, Should JEA, or any third party obtaining such work product through JEA, use the Work or any part thereof for any purpose other than that which is specified herein, it shall be at JEA' s sole risk. The Company will, at its expense, defend all claims, actions or proceedings against JEA based on any allegation that the Work, or any part of the Work, constitutes an infringement of any patent or any other intellectual property right, and will pay to JEA all costs, damages, charges, and expenses occasioned to 35 I JEA by reason thereof, JEA will give the Company vmtten notice of any such claim, action or proceeding ,. , an~, at the request and expense of the Company, JEA will provide the Company with available infonnanon, aSSistance and authority for the defense. If, in any action or proceeding, the Work, or any part thereof, is held to constitute an infringement, the Company will forthwith either secure for JEA the right to continue using the Work or wiIl,at the Company's expense, replace the infringing items with non-infringing Work or make modifications as necessary so that the Work no longer infringes, The Company will obtain and pay for all patent and other intellectual property royalties and license fees required in respect of the Work, 1.14.2. Oft$ets [JEA-C176] In case the Company is in violation of any requirement of the Contract, JEA may withhold payments that may be due the Company, and may offset existing balances with any JEA incurred costs against funds due the Company under this and any other Company Contract with JEA, as a result of the violation, or other damages as allowed by the Contract Documents and applicab Ie law. 1.14.3. Proprietary Information [JEA-C178] The Company shall not copy, reproduce, or disclose to third parties, except in connection with the Work, any information that JEA furnishes to the Company. The Company shall insert in any subcontract a restriction OD the use of all information furnished by JEA. The Company shall not use this information on another project. All information furnished by JEA will be returned to JEA upon completion of the Work. 1.14.4. Removal of Work [JEA-C179] The Company shall not sell, assign, mortgage, hypothecate or remove Work that has been delivered to or installed at the Work Location. 1.14.5. Right to Audit and Financial Reporting [JEA-C327] Upon JEA's requests, the Company agrees to allow JEA to audit its financial and operating records for the purpose of deterniining Invoice accuracy, or otherwise assessing compliance with the Contract Documents. The Company agrees to let JEA personnel, or their qualified representative access the records at Company's office, with three days written notice, for a reasonable period, not less than five days, in a workspace suitable for the audit provided by Company. All audit work will be dODe on Company premises, and no Company documentation will be removed from Company offices. The Company agrees to hl?ve knowledgeable personnel available to answer questions for the auditors during the time they are at the Company's offices and for a period of two weeks thereafter. The Company shall provide to JEA audited fmancial statements for the most recent fiscal year upon JEA's request, not later than five days after receipt of written request. 1.14.6. Title to Materials Found (JEA-CIS!] JEA shall retain the title to water, mineral matter, timber and any other materials that tbe Company, or its Subcontractors, encounter during the excavation or other operations of the Work. The Company shaU use or dispose of this material in accordance with the Contract or written instructions from the Contract Administrator. Any materials found in the excavation, or other operations ofthe Company, that are of archaeological or historical value shall be left in place. The Company shall immediately notify JEA of the fmd and shall take no further action until directed by JEA. 36 ) 1.15. SECTION TITLE: REPRESENTATIONS & WARRANTIES [JEA-522] 1.15.1. Company's Knowledge of the Work [JEA-C183] The Company represents that the Contract Price and the detailed schedule for the execution of the Work are based on its owl:). knowledge and judgment of the conditions and hazards involved, and not upon any representation of rEA. JEA assumes no responsibility for any understanding or representation made by any of its representatives during or prior to execution of the Contract unless such understandings or representations are expressly stated in the Contract and the Contract expressly provides that JEA assumes the responsibility. 1.15.2. Company's Plans and Specifications .[JEA-C184] All plans and specifications that the Company provides for any building, structure, system or equipment where required by federal, state, l<lcallaws and regulation as part of the Work shall bear the seal of a professional engineer duly registered in the State of Florida at no cost to JEA, 1.15.3. Company's Warranties [JEA-CI85] *** The Company unconditionally warrants to JEA for a period of not less than 2 years from the earlier of Acceptance or Substantial Completion and beginning ofnonna! use by JEA. whichever is earlier, that all Work furnished under the Contract including, but not limited to, materials, equipment, worlananship, and intellectual property, including derivative works will be: performed in a safe, professional and workman like manner; free from Defects in design, material, and workmanship; " fit for the use and purpose specified or referred to in the Contract; , suitable for any other use or purpose as represented in writing by the Company; in conformance with the Contract Documents; and . merchantable, new and of first-class quality. The Company warrants that the Work shall conform to all applicable standards and regulations promulgated by federal, state, local laws and regulations, standards boards, organizations of the Department of State, and adopted industry association standards. If the Work fails to conform to such laws, rules, standards and regulations, JEA may return the Work for correction or replacement at the Company's expense, orreturn the Work at the Company's expense and cancel the Contract. If the Company performs services that fail to conform to such standards and regulations the Company shall make the necessary corrections at Company's expense. JEA may correct services to comply with standards and regulations at the Company's expense if the Company fails to make the appropriate corrections within a re~onable time. r If Work includes items covered under a manufacturer's or Subcontractor's warranty that exceeds the requirements stated herein, Company shall transfer such warranty to JEA. Such warranties, do not in anyway limit the warranty provided by the Company to lEA, If, within the warranty period, JEA determines that any of the supplies are defective or exhibit signs of deterioration, in the opinion of JEA, the Company, at its own expense, shall repair, adjust, or replace the defective Work to the complete satisfaction of iliA. The Company shall pay all costs of removal, transportation, reinstalJation, repair, and all other associated costs incurred in connection with correcting such Defects in the Work, The Company shall correct any Defects only at times designated by JEA. The Company shall extend the warranty period an additional 12 months (36 months total) for any portion of the Work that has undergone warranty repair or replacement. When operational conditions warrant, JEA may repair or replace any defective equipment at the Company's expense, JEA may repair or replace any defective Work at the Company's expense when the Company fails 37 I to correct the Defect within a reasonable time of receiving written notification of the Defect by JEA, when the Company is unable to respond in an emergency situation, or when necessary to prevent JEA from substantial fmancialloss, \Vhere JEAmakes repairs or replaces defective Work, IDA will issue the Company a written accounting and invoice of all such work to correct Defects. The Company's liability to JEA for the costs of removal, transportation, reinstallation, and all other associated costs incurred in connection with correcting Defects in the Work will be limited to 1.5 times the original installed purchase price of the specific Work, Where spare parts may be needed, Company warrants that spare parts will be available to JEA for purchase for at least 7S p~rcent ofthe stated useful life of the produot. The Company's warranty excludes remedy for damage or Defect caused by abuse, improper or insufficient maintenance, improper operation, or wear and tear under nonnal usage. Where JEA intends to perfonn a warranty inspection, JEA will notify the Company and the Company Representative shall attend the inspection. 1.15.4. Competent Performance of the Work [JEA-C186] Tbe Company represents that it wiI1 conduct the Wqrk in a manner and with sufficient labor, materials and equipment necessary to affect a diligent pursuance ofllie Work through Final Completion. If, in the sole opinion of JEA, the Company fails tQ perfonn the Work as represented, JEA may, at its sole discretion, take charge of the Work and furnish and provide the labor, materials, and equipment necessary to complete the Work as planned within the required time if JEA deems the organization of the Company or its management, or the manner in which Company is perfonningthe Work, to beman1festly mcompetent or inadequate to complete the Work as specified. The Company shall pay JEA for the cost of all such Work completed by JEA. 1.15.5. Encroachment on Outside Property [JEA-C187] The Company warrants that it shall not encroach on any rights or property of the public or adjoining property owners and shall hold JEA hannless because of any encroachments that may result from the Company's lack of proper layout, If such an encroachment occurs, the Company agrees to remove any Work or portion thereof, that encroaches on the property of others, or that is built beyond legal building or setback limits, and shall rebuild the affected Work, or portion thereof, at the proper location, all without extra cost to JEA. 1.15.6. Free and Clear Title [JEA-C188] The Company warrants that it has title to all equipment and materials furnished under the Cdrttract where title will pass to JEA, and that the equipment and materials passed to JEA are free and clear of all liens, claims, security interests and encumbrances, 1.15.7. Performance of the Work [JEA-CI89] The Company represents and warrants that it has the full corporate right, power and authority to enter into the Contract and to perform the acts required of it hereunder, and that the performance of its obligations and duties hereunder does not and will not violate any Contract to which the Company is a party or by which it is otherwise bound. The Company warrants that all items provided under the Contract shall be free from Defect and services shall be performed in a professional manner and with professional diligence and skill, consistent with the prevailing standards of the industry, The Company warrants that the Work will meet the functional and performance requirements defmed in the Contract, 38 ~ 1.15.8. Safety Representation [JEA-C190] The Company represents and warrants to JEA that it has the capacity to train and supervise its employees, Subcontractors and suppliers to ensure the Work complies with all safety requirements of the Contract Documents, The Company shall be responsible for executing the necessary safety training and supervision of its employees and Subcontractors, and acknowledges that JEA is not responsible for training or supervising the Company's employees, except when noted for the purpose of enforcing compliance with these safety requirements. . 1.16. SECTION TITLE: TERM & TERMINATION [JEA-523] 1.16.1. Term of Contract - (Defined Dates) [JEA-C193] www The initial term of this Contract will be three (3) years from the Effective Date of the Contract (the "Initial Term"). JEA may, at its sole discretion, offer renewal options, subject to ~vailability of lawfully appropriated funds. Each renewal option is for a one (1) year period (each, a "Renewal Term", together with the Initial Term, the "Tenn") and may be exercised up to two (2) times. If Company desires to renew the Contract, Company must provided JEA with written notice sixty (60) days prior to expiration of the Contract JEA's decision to renew will be based on the performance of the Company and current'market conditions at that time. Prices will remain firm for the initia.l term. At the end of the initial term and each renewal terms, if any, JEA will evaluate prices as well as other performance measures. Price changes will be negotiated on changes such as market conditions, value-added services provided, meeting of goals and/or cbanges to applicable price indices. JEA in general expects to' see a decline in prices on renewals as renewal periods incur no startup costs, the Company is already familiar with the Work, and the Company has bad the opportunity to engage in process and perfonnance improvement actions. related to the Contract. 1.16.2. Termination for Convenience [JEA-C194] JEA sball have the absolute right to terminate in whole or part the Contract, with or without cause, at any time after A ward upon written notification oisuch termination. In the event oftennination for convenience, JEA will pay the Company for all disbursements and expenses that the Company has incurred, or those for which it becomes obligated prior to receiving JEA's notice of termination. JEA will also pay the Company costs incurred less the reasonable resale value, of materials or equipment that the Company has already ordered, obtained or fabricated in connection with the Contract. Upon receipt of such notice oftennination, the Company shall stop the performance of the Work hereunder except as may be necessary to carry out such termination and take any other action toward termination of the Work that JEA may reasonably request, including all reasonable efforts to provide for a prompt and efficient transition as directed by JEA. JEA will have no liability to the Company for any cause whatsoever arising out of, or in connection with, termination including, but not limited to, lost profits, lost opportunities, resulting change in business condition, except as expressly stated within these Contract Documents. 1.16.3. Termination for Default (Bond) [JEA-C195} *ww JEA may give the Company written notice to discontinue all Work under the Contract in the event that: - The Company assigns or subcontracts the Work without prior written permission; - Any petition is filed or any proceeding is commenced by or against the Company for relief under any 39 ,. bankruptcy or insolvency laws; i - A receiver is appointed for the Company's properties or the Company commits any act of insolvency (however evidenced); - The Company ~akes an assignment for the benefit of creditors; - The Company suspends the operation of a substantial portion of its business; - ~e Company suspends the whole or any part of the Work to the extent that it impacts the Company's ability to meet the Work schedule, or the Company abandons the whole or any part of the Work; - The Company. at any time, violates any of the conditions or provisions of the Contract Documents, or the Company fails to perform as specified in the Contract Documents, or the Company is not complying with the Contract Documents, - The Company attempts to willfully impose upon JEA items or workmanship that are, in JEA's sole opinion, defective or of unacceptable quality. - The Company breaches any of the representations or warranties - The Company is detennined, in JEA's sole opinion, to have misrepresented the utilization of funds or misappropriate property belonging to JEA. .. - Any material change in the fmancial or busi.ness condition of the Company. If, within 24 hours after service of such notice upon the Company, an arrangement satisfactory to JEA has not been made by the Company for continuance of the Work, the JEA may tenninate the Contract, Once a Company is declared in default, the surety shaH assume the Company's place in all respects and shall be paid by JEA all monies, if any, due the Company at the time of such notice to discontinue, or any monies thereafter that may become due the Company in accordance with the terms of the Contract. If the Company fails to make arrangements satisfactory to JEA within S months after service to the Company or a notice to discontinue Work, and in the case where a Payment and Performance Bond is in effect, the surety has not exercised its option, then without further notice to the Company or the surety, JEA may terminate the Contract and shall have the power to complete the Work herein described as it may determine, In such a case, JEA shall have the right to take possession of and use any of the materials, plant, tools, equipment, supplies and property of any kind provided by the Company for the purpose of this Work. JEA will charge the expense of completing the Work to the Company and will deduct such expenses from monies due, or which at any time thereafter may become due, to the Company. If such expenses are more than the sum that would otherwise have been payable under the Contract, then the Company shall pay the amount of such excess to JEA upon notice of the expenses from JEA. JEA shall not be required to obtain the lowest price for completing the Work under the Contract, but may make such expenditures that, in its sole judgment, shall best accomplish such completion, JEA will. however, make reasonable efforts to mitigate the excess costs of completing the Work. The Contract Documents shall in no way limit JENs right to all remedies for nonperformance yrovided under law or in equity, except as specifically set forth herein. In the event oftennination fOf ':' nonperformance, the Company shall immediately surrender all Work records to JEA, In such a case, JEA may set off any money owed to the Company against any liabilities resulting from the Company's nonperformance. JEA has no responsibility whatsoever to issue notices of any kind, including but not limited to deficient perfonnance letters and scorecards, to the Company regarding its performance prior to default by Company for perfonnance related issues. JEA shall have no liability to the Company for termination costs arising out of the Contract, or any of tbe Company's subcontracts, as a result of tennination for default. 40 i I 1.17. SECTION TITLE: GENERAL TERMS & CONDITIONS [JEA-S24] 1.17,1. Ambiguous Contract Provisions [JEA-C196] The parties. agree that tbis Contract has been the subject of meaningful analysis and/or discussions of the specifications, terms and conditions contained in this Contract. Therefore, doubtful or ambiguous provisions, if any, contained in this Contract will not be construed against the party who physically' prepared this Contract. The rule commonly'known as "Fortius Contra Proferentum" will not be applied to this Contract or any interpretation thereof. 1.17.2. Amendments [JEA-C197] This Contract may not be altered or amended except in writing, signed by JEA Procurement, the Company Representative, or their duly authorized representatives. 1.17.3. Choice of Law [JEA-CI98] This Contract, and the rights and duties of the parties arising from or relating to this Contract or its subject matter, sball be construed in accordance with the laws of the State of Florida, and the ordinances of the City of Jacksonville without regard to its conflicts of laws provisions. Each of the parties irrevocably submits to the exclusive jurisdiction of the courts of Florida, and further agree that the venue for any legal action brought by or files against JEA relating to any matter arising under this Contract sball be exclusively in that state or federal court,.sitting in Duval county, Florida that bas jurisdiction over such legal actions. 1.17.4. Confidentiality and Public Record Laws [JEA-574] Any information disclosed by one party (''Disclosing Party") to the other party ("Recipient") in connection with this Contract that is marked confidential or that due to its character and nature, a reasonable person under like circumstances would treat as confidential (the "Confidential Information") will be protected and held in confidence by the Recipient. Confidential Information will be used only for the purposes of this Contract and related internal administrative purposes. Disclosure of the Confidential Information will be restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in co~ection with the Work, who are bound by confidentiality obligations no less stringent than these prior to any disclosure. Each party may disclose Confidential Information relating to the Work to providers of goods and services for the engagement to the extent such disclosure is necessary and reasonably anticipated. Confidential Information does not include information which: (i) is already known to Recipient at the time of disclosure; (ll) is or becomes publicly known through no wrongful act or failure of the Recipient; (Hi) is independently developed by Recipient without benefit of Disclosing Party's Confidential Information; or (iv) is received from a third party which is not under and does j:ot thereby breach an obligation of confidentiality. Each party agrees to protect the other's Confidentia 'information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with. less than a reasonable standard of care. A Recipient may disclose Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate five (5) years after the expiration or termination of the Contract under which the Confidential Information was disclosed, unless the law requires a longer period. The parties acknowledge that JEA is a body politic and corporate that is subject to Chapter 119, Florida Statutes, and related statutes known as the "Public Records Laws". If a request is made to view such Confidential Information, JEA will notify Company of such request and the date that such records will be '., ". released to the requester unless Company obtains a court order enjoining such disclosure, If the Company fails to obtain that court order enjoining disclosure, JEA will release the requested information on the date specified. Such release sball be deemed to be made with the Company's consent and will not be deemed to 41 ~ ?e a violation of law, including but not limited to laws concerning trade secrets, copyright or other I mtellectual property. en the event the Company breaches this Contract, then the Company hereby grants JEA a limited license to use the Confidential Information in any reasonable way in order to mitigate JEA's damages. 1.17.5. Conflict and Order of Precedence [JEA-C199] The Contract shall consist of JEA's Contract or Purchase Order together with these specifications and conditions including, but not limited to, the executed Bid Document, which shaD be collectively referred to as the Contract Documents. This Contract is the complete agreement betw.een the parties. Parol or extrinsic evidence will not be used to vary or contradict the express tenns of this Contract. The Contract Documents are complementary; what is called for by one is binding as if called for by all. The Company shall, upon discovery, infonn JEA in writing of any conflict, error or discrepancy in the Contract Documents. Should the Company proceed with the Work prior to written resolution of the error or conflict by JEA, all Work done is at the sole risk of the Company. JEA will generally consider this precedence of the Contract Documents in resolving any conflict, error, or discrepancy: - Executed Change Orders / Amendments - Contract . Purchase Orders - Technical Specifications and Drawings, Exhibits & Attachments - Bid Document - References The figure dimensions ~m drawings shall govern over scale dimensions. Contract and detailed drawings shall govern over general drawings. The Company shall perform any Work that may reasonably be inferred from the Contract as being required whether or not it is specifically called for. Work, materials or equipment described in words that, so applied, have a well-known technical or trade meaning shall be taken as referring to such recognized standards. 1.11.6. Cumulative Remedies [JEA-C200] Except as otherwise expressly provided in this Contract, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise. 1.17.7. Entire Agreement [JEA-C201] This Contract contains all of the understandings and agreements of the parties hereto in respect of the subject matter hereof as of the Contract date. Any and all prior understandings and agreements, expressed or implied, between the parties hereto in respect of the subject matter hereof shall be superseded hereby. Parol or extrinsic evidence will not be used to vary or contradict the express tenns of this Contract. 1.17.8. Expanded Definitions [JEA-C202] Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include aU genders. The tenn "including" means "including without limitation", and the tenus "include", "includes" and "included" have similar meanings, Any reference in this Contract to any other agreement is deemed to inciude a reference to that other agreement, as amended, supplemented or restated from time to time. Any reference in the Contract to "all applicable laws, rules and regulations" means all federal, state and local laws, rules, regulations, ordinances, statutes, codes and practices. 42 \ ~ 1.17.9. Force Majeure [JEA-C203] I No party shall be liable for any default or delay in the perfonnance of its obligations under this Contract due to an act of God or other event to the extent that: (a) the non-perfonning party is without fault in causing such default or delay; (b) such default or delay could not have been prevented by reasonable precautions; and (c) such default or delay could not have been reasonably circumvented by the non- performing party through the use of alternate sources, work-around plans or other means. Such causes include, but are not limited to: act of civil or military authority (including but not limited to courts or administrative agencies); acts of God; war; terrorist attacks; riot; insurrection; inability of JEA to secure approval, validation or sale of bonds; inability of JEA or the Company to obtain any required pennits, licenses or zoning; blockades; embargoes; sabotage; epidemics; rITes; hunicanes, tornados, floods; or strikes, In the event of any delay resulting from such causes, the time for performance of each of the parties hereunder (including tbe payment of monies if such event actually prevents payment) shall be extended for a period of time reasonably necessary to overcome the effect of such delay, except as provided for elsewhere in the Contract Documents. In the event of any delay or nonperformance resulting from such causes, the party affectod shall promptly notify the other in writing of the nature, cause, date of commencement and the anticipated impact of such delay or nonperformance. Such written notice, including Chango Orders; shall indicate the extent, if any, to which it is anticipated that any delivery or completion datos will be thereby affected. 1.17.10. Hand Digging Around Trees, Tree Trimming, Arborist Services and Tree Removal [JEA- 57SJ No separate measurement and payment shall be mado for hand digging around trees, tree trimming, and provision of arborist services, but all cost shall be included in the associated ite1Il. of work in the bid form. ; Hand digging, tree trimming, and arborist services shall include but not be limited to all labor, equipment and supervision required to successfully hand dig or trim tree branches where tree roots or branches may be destroyed or injured due to the Work. Item shaIl include services of a certified arborist as required by the City landscape architect to ensure m;n;m~l or no damage to tree canopy or root system. If the tree canopy or root system is damaged, the Company, at its own expense, shall repair, restore, or replace the tree at the direction of the arborist. The Company shall review the drawings and visit the Work area prior to the bid to satisfy itself as to the amount of tree removal and disposal to be performed to complete the Work, and the extent of tree trimming required to perform the work. All tree mitigation costs shall be borne by the City of Jacksonville. Trees identified on the drawings for removal shall not be paid for separately, but all associated cost for removal and disposal and subsequent compacted soil backfill replacement shall be included in the.associated.item of the work. . I" 1.17.11. Headings [JEA-C204] The division of this Contract into sections, the insertion of headings and/or index numbers and the provision of a tab Ie of contents are for convenience of reference only and are not to affect the construction or intetpretation of this Agreement. 1.17.12. Language and Measurements [JEA-C205] All communication between the Company and JEA, including all documents, notes on drawings, and submissions required under the Contract, will be in the English language, Unless otherwise specified in the Contract, the US System of Measurements shall be used for quantity measurement. All instrumentation and equipment will be calibrated in US System of Measures, 43 ) 1.17.13. Non-waiver [JEA-C207] I Failure by either party to insist upon strict performance of any of the provisions of the Contract will not release either party from any of its obligations under the Contract. 1.17.14. Notices and Correspondence [JEA-C208] *** All notic6s required or pennitted under this Contract shall be in writing and shall be deemed rec6ived if sent by one of the following means: (a) upon receipt if delivered by hand; (b) one day after being sent by an express courier with a reliable system for tracking delivery; (c) three days after being sent by certified or registered fIrst class mail, postage prepaid and return receipt requested; or (d) upon confirmed facsimile transmission provided that a copy shall be sent by another of the foregoing means, All notices shall be addressed by a party to the other party as follows: In the case of JEA: Attn: Bill Clendening, Mgr., W&S Grid Preventive Maint. 2434 N, Pearl St., Jacksonville, FL 32206 and to: JEA Heather Burnett, Contracts Manager 21 W. Church St. CC-6, Jacksonville, FL 32202 In the case of Company: Mr. Richard Taylor Howton Insituform Technologies, Inc. 17988 Edison Ave. Chesterfield, Mo. 63005 Telephone: (636) 530-8000 Facsimile: (636) 530-8701 Either party may change its address from time to time upon prior written notice to the other specifying the effective date of the new address. 1.17,15. Publicity and Advertising [JEA~C209} The Company shall not take any photographs, make any announcements or release any information concerning the Contract or the Work to any member of the public, press or official body unless prior written consent is obtained from JEA, JEA is governed by the Florida Public Records Laws so all Contract Documents are available for public inspection, In addition, JEA is governed by Florida Sunshine Laws and as such, certain meetings are required to be open to the public. 1.17.16. References [JEA-C210} Unless otherwise specified, each reference to a statute, ordinance, law, policy, procedure, process, document, drawing, or other informational material is deemed to be a reference to that item, as amended or supplemented from time to time. All referenced items shall have the enforcement ability as if they are fully incorporated herein. 1.17.17. Relationship of the Parties [JEA-C211] The Company agrees that it sha1l perform the Work as an independent contractor and that it does not (a) have the power or authority to bind JEA or to assume or create any obligation or responsibility, express or implied, on JEA's part or in JEA's name, except as may be authorized by JEA under a separate written document, or (b) represent to any person or entity that it has such power or authority except as may be 44 I ': ~ authorized by JEA under a separate written document. ,I 1.17.18. Severability [JEA-CZIZ] In the event that any provision of this Contract is found to be unenforceable under applicable law, the parties agree to replace such provision with a substitute provision that most nearly reflects the original rn,tentions of the parties and is enforceable under applicable law, and the remainder of this Contract shall continue in full force and effect. 1.17.19. Subcontracting or Assigning of Contract [JEA-C213] Each party agrees that it shall not subcontract, assign, delegate, or otherwise dispose of the Contract, the duties to be performed under the Contract, or the monies to become due under the Contract without the other party's prior written consent. The assignment of the Contract will not relieve either of the parties of any of its obligations until such obligations have been assumed in writing by the assignee. If the Contract is assigned by either of the parties, it will be binding upon and will inure to the benefit of the permitted assignee. The Company shall be liable for all acts and omissions of its assignee or its Subcontractor. 1.17.20. Survival [JEA-C2141 The obligations of JEA and the Company under this Contract that are not, by the express terms of this Contract, fully to be performed during the Tenn., shall survive the termmation of this Contract for any reason. 1.17.21. Third Party Agreements [JEA-557} Unless otherwise agreed in writing by JEA, JBA shall have no obligation to enter into any third party agreements under this Contract. Such third party agreements shall include, but not be limited to: joint check agreements, and revocable or irrevocable letters of direction with sureties. In the event JBA agrees to execute any suchagreement(s), then such agreement(s) shall incorporate additional language as required by JBA's Chief Purchasing Officer. 1.17.22. Time and Date [JEA-C215] Unless otherwise specified, references to time of day or date mean the local time or date in Jacksonville, Fla. !funder this Contract any payment or calculation is to be made, or any other action is to be taken, on or as of a day that is not a regular business day for JEA, that payment or calculation is to be made, and that other action is to be taken, as applicable, on or ~ of the next day that is a regu1ax: business day. Where reference is made to day or days, it means calendar days. Where reference is made to workday, workdays, business day, or business days, it means regular working days for JEA Procurement. 1.17.23. Time of Essence [JEA-C216] For every requirement of this Contract, time is of the essence. 1.17.24. Use of JEA Contracts by the City of Jacksonville [JEA-C217] Where City of Jacksonville agencies' procurement codes allow use of JEA contracts, the Company agrees to extend any pricing and other contractual terms to such agencies. 45 1 II 1.17.25, Waiver of Claims [JEA-C218] A delay or omission by JEA hereto to exercise any right or power under this Contract shall not be construed to be a waiver thereof. A waiver by JEA under this Contract shall not be effective unless it is in. writing and signed by the party granting the waiver, A waiver by a party of a right under, or breach of, this Contract shall not be construed to operate as a waiver of any other or successive rights under, or breaches of, this Contract. The Company's obligations to perfonn and complete the Work in accordance with the Contract shall be absolute. None of the following will constitute a waiver of any of JEA's rights under the Contract: approval or p~ymeIlt of any progress payments or any other payments, including fmal payment; issuance of the CertIficate of Substantial Completion or Certificate of Contract Completion; any use or occupancy of the Work by JEA; nor any correction offaulty or defective work by JEA, 2. SECTION TITLE: WORK [JEA-525] 2.1. SECTION TITLE: SCOPE [JEA-526} 2.1.1. Obligations of the Company [JEA~C396] The Company shall provide everything necessary to successfully complete the Work except the materials and services specifically stated in the Contract to be provided by JEA. No payments, other than those shown in tbis Contract and Exhibit B, will be made to the Company for performance of any requirements of the Contract Documents. The Company shall perform all Work in accordance with the Contract Documents and the applicable JEA standards manuals, safety manuals, policies, accepted commercial work practices, local, state, and federal, rules regulations and laws which may be amended from time to time. The Company sh~ provide all permits, certifications, insurances, and bonds necessary or required by good practice, except where specifically stated in the Contract to be provided by JEA, The Company personnel shall perform all Work in a professional, efficient, and competent manner, The Company is obligated to provide personnel possessing the skills, certifications, licenses, training, tools, demeanor, motivation, and attitude to successfully complete the Work. The Company is obligated to remove individuals from performing Work under this Contract when the Company recognizes an individual to not be working in a manner consistent with the requirements of this Contract, or when JEA-notifies the Company that JEA has determined an individual or group of individuals to not be working in a manner consistent with the requirements of this Contract. The Company is obligated to ensure that their officers and executives interact with JEA, JEA customers, whether direct or indirect customers of JE8)., with the utmost level of professionalism and integrity. In the event the Company chooses to use Subcontractors, the Company is obligated to provide Subcontractors possessing the skills, certifications, licenses, training, tools, demeanor, motivation and attitude to successfully perform the work for which they are subcontracted. The Company is obligated to remove Subcontractors from performing Work under this Contract when the Company recognizes that a Subcontractor is failing to work in a manner consistent with the requirements of this Contract, or when JEA notifies the Company that JEA has determined a Subcontractor is failing to work in a manner consistent with the requirements of this Contract. The Company is obligated to ensure that sufficient supervision of the Work is provided. This includes ensuring that the Company Supervisor is at the Work Location when Work is being performed. The Company shall bear sole responsibility for the efficiency, adequacy and safety of the performance of the Work, including temporary Work and facilities, until Acceptance, The Company shall be solely responsible for any loss or damage to materials, tools, labor, and equipment used during the performance 1iF; F of, or in c011?ection with, the Work. Any JEA comments or approval regarding the Company's performance, materials, working force, or equipment will not relieve the Company of any responsibility. 2.2. SECTION TITLE: LOCATION [JEA-527] 2.2.1. Work Location [JEA-C460} w** Work shall be perfonned at the following 10cation(s): within the Rights-of-Way in JEA's service area, 2.3. SECTION TITLE: TECHNICAL SPECIFICATIONS [JEA-S28} 2.3.1. 1" Water Service Replacement [JEA-C397] Intentionally left blank. 2.3.2. Applicable Water & Sewer Standards, Details andMateria1s [JEA-C398] All Work shall be done in accordance with the January 1,2005 Edition of JEA Water & Sewer Standards, Details & Materials (including latest revisions dated April 1, 2006). The JEA Water & Sewer Standards, Details & Materials manual may be obtained from the JEA Bid Section, Tower Lobby, Suite 103. 2.3.3. Dewatering [JEA-560] If the Company encounters groundwater, the Company shall be responsible for utilizing a dewatering system(s) to remove water from the excavations. Prior to beginning any dewatering, the Company shall submit a dewatering plan to the Contract Administrator for review and approval. The Company shall comply with all sampling requirements listed in Florida Department of Environmental Protection (FDEP) Dewatering Regulations (62-621.300(2) F.A.C.) before any dewatering can begin. Once the sampling analysis is complete, the samp1e(s) results shall be submitted to the Contract Administrator for review and submittal to FDEP. If the sample analysis fails to meet FDEP water quality standards, no dewatering can proceed without further instruction from the Construction Administrator, Additionally, prior to any dewatering, the Company shall apply for a St. Johns River Water Management District (SJRWMD) Generic Permit for.Short Term Dewatering, and comply with all SJRWMD requirements . If the above requirements are not followed, the Company shall be held liable for any fmes a?d/or violations incurred by JEA. 2.3.4. Drainage Along Rights-or-Way [JEA-C400] The Company shall so conduct its operations and maintain the Work in such condition that adequate drainage shall be in effect at all times, The Company shall not obstruct existing gutters, ditches and other runoff facilities. 2.3.5. Earthwork [JEA-C401] *** Suitable Material The Company shall stockpile all material encountered during regular excavation that the JEA Engineer determines is suitable for use as backfill material. JEA will not make separate payment for the use of backfill material obtained on the Work from regular excavation, Excess material shall become the property of the Company and shall be disposed of appropriately outside the right-of-way. 47 ~ Unsuitable Material All material enoountered during regular excavation that the Geotechnical Engineer determines is unsuitable ~or use as backfill shall become the property of the Company and the Company shall remove and dispose of It properly. "Where unsuitable material is to be replaced, suitable material obtained elsewhere on the Work area shall be used as backfIll at no additional cost. In the event there are not sufficient quantities of stockpile suitable material available, Class A-3 sand shall be used as specified below for A-3 Soil Backfill. Except as specified below for A-3 Soil Backfill, JEA will not make separate payment for replacement material used to construct the stabilized sub-base, A-3 Soil Backfill If there is not enough suitable material obtained from regular excavation to use as backfill, then the Company shall import A-3 soil to the Work area to meet the need for fill and backfill as directed by JEA or the City of Jacksonville, The Company shall provide JEA test results for both stockpiled material and imported material to indicate that the materials meet the minimum standards established by the Geotechnical Engineer for this project. JEA will pay the Company at the Contract Unit Price for A-3 soil for the importation and placement of the soil and sand. JEA will not pay the Company for A..3 soil backfill when suitable material from regular excavation will become available, but at the time required, is not available, due to the Company's sequence of work. Measurement of A-3 soil backfill shall be based on actual trench section dimensions and in accordance with Section 801, Item 4,5 of the JEA January 1, 2005 edition of JEA Water and Sewer Standards, Details and Materials Manual, as amended, unless otherwise specified in the Contract Documents. 2.3.6. Mailboxes [JEA-C408] The Company shall carefully remove and relocate mailboxes affected by construction operations to allow for uninterrupted mail service, All temporarily relocated mailboxes shall be reinstalled permanently as soon as construction operations allow. The condition of the reinstalled mailboxes shall be at least equal to the original facility, as directed by JEA. No additional payment shall be made for removal, relocation or reinstallation of mailboxes. All costs shall be included in the associated line item in the Bid Document. 2.3.7. NPDES Permit Conformance [JEA-559] Company shall comply with the State of Florida Department ofEnvrronmental Protection (FDEP) Document No. 62-621-300(4)(a). A copy may be downloaded via internet at http://www.dep.state.fl,us/water/stormwater/npdes/permits_forms.htm and is also attached to this section. The NPDES permit program requires that if the construction activities disturb an acre or greifer of land, then the Company must submit the Notice of Intent (NOI) to use the Generic Permit for Stormwater Discharge from Large and Small Construction Activities, FDEP Form No. 62-621.300(4)(b). By applying for the Generic Permit, the Company is certifying that it will develop and implement a Stonnwater Pollution Prevention Plan (SWPPP) specifically designed for each construction site. Also involved are certain certifications, notifications, inspections and record keeping activities. The SWPPP and the weekly inspection reports are required to be kept at the project site and available for review upon request. The SWPPP must be prepared and certified by the Company prior to commencement of construction. The NOI will be initiated by the Company (DEP Document No. 62-621.300(4)(b)) and forwarded to the FDEP and related fee with courtesy copy to JEA (attention: Environmental Services, 21 W. Church Street, Tower 8). The Company shall also comply with the City of Jacksonville Ordinance 98-994-E. A SWPPP plan that meets the minimum erosion and sedimentation control measures required by the City of Jacksonville may be included in the Construction Drawings. However, the Company is responsible for providing a S\\'PPP 48 ~ I that will adhere to the requirements delineated in DEP Document No. 62-621.300(4)(a). This may require amendment or provision of additional information and controls to the SWPPP included in the Drawings. No separate payment shall be made for a SWPPP and its implementation, but all associated costs shall be included in the associated item of work in the Bid Form. The Company shall obtain all other applicable local, state, and federal permits, It is unlawful to have any discharges that are not composed entirely of stormwater (except discharges pursuant to a NPDES permit) to the Municipal Separate Stormwater System (MS4). Only !;lon-contaminated water/non-turbid water shall be traruiported through the MS4, Groundwater discharge (approved by the Florida Department of Environmental Protection pursuant to 62-621.300(2)) from dewatering activities may be routed into the stormwater system, drainage ditch, creek, river or wetland providing that erosion, and transportation of suspended solids to the system is prevented. If contaminated soil or contaminated groundwater is encountered, the dewatering activ.ity shall c~ase immediately, and the Company shall contact the lEA Project Manager and also FDEP at (904) 807-3300 arid. Company must complete Notice of Terinination (NOT) (DEP Doc, No. 62-621.300(6), F,A,C.) within one (1) week of final site stabilization with courtesy copy to JEA (attention: Ms Heather Burnett, 21 W, Church Street, Tower 8). Company shall also provide copies of NOT to JEA Project Manager with fmal payment and construction close-out documents, A copy ofNPDES Forms and Checklist are attached to this section. JEA will reject any and all invoices and Application for Payments unless JEA receives a copy of the Company's NO! and NOT that were forwarded to the FDEP. In addition, if the above requirements are not followed, the Company shall'be held liable for any fines and/or violations incurred by JEA. ~ 2.3.8. Prevention, Control and Abatement of Erosion and Siltation [JEA-C321] The Company shall take steps and make suitable provisions to minimi7.e siltation and erosion of waterways that may result from its operation during the course of construction. The Company shall make suitable' arrangements, which may require the temporary construction offlumes, boxes, or some other device(s), at the Work Location for the drainage and disposal of water. The Company shall be responsible for protecting adjacent property to the Work Lot:ation from damage by water resulting from its opemtions. The Work Location shall be returned to its original condition to the satisfaction of JEA. The Company is cautioned that execution qr maintenance that creates turbidity and that directly or indirectly affects the water quality of any waterway into which storm wateris discharged in sucb a manner as to exceed the limitations prescribed in the Florida Administrative Code, is a violation of the water quality standards of the State of Florida. r,. Turbidity shall not exceed 29 NTU's, above background level within 100' of the construction activity. Costs incurred by the Company for compliance to the restrictions outlined above shall be included in the cost of the items for which the turbidity control is required, unless a separate line item is included in the Bid Document for turbidity control: Silt barriers shall be used at all waterway crossings or at any time during construction that siltation or erosion may occur. The Company shall submit to the JEA Engineer, for written approval prior to construction, the method to be used to control the turbidity. The JEA Engineer's approval of the method to be used in no way relieves the Company of the liability in case of a citation agaL'1st JEA. 2.3.9. Sewage Spills [JEA-C334J The Company shall minimize the amount of sewage released into excavations by notifying affected parties of the service interruption, pre-draining affected lines, insuring pump station (non- )operating status, etc, The Company shall notify JEA immediately verbally, with written notification to follow. 49 ~ ,! The Company shall take precautions' to prevent sewage from contacting the ground. If sewage contacts the ground, the Company shall take appropriate measures to disinfect the area of the sewage release. lfpooling sewage is observed, the Company shall vacuum remove the sewage, or remove the sewage by other means acceptable to the JEA Representative, and dispose of the sewage in accordance with environmental and public health regulations, The Company shall clear any sanitary systems found plugged due to this type of pumping activity at its own expense, 2.3.10. Temporary Roadways [JEA-C341] Tfthe Company's operations render any street or private way unsafe, the Company shall make such repairs or provide such temporary ways and guards necessary for the protection and safety of persons on the Work and the public, and for the orderly maintenance of traffic. The Company shall always provide and maintain a hard-surfaced roadway for traffic. Where temporary detours of lanes are required, they shall be asphalt-paved by the Company. The Company mli.Y construct paving section(s) appropriate to support ttaffic, provided the surface is smooth and the profile reasonable, and as a mlnimwu, consists of 1 inch of bituminous structural course. over a 6-inch liinerock base that was inspected and approved by the JEA Engineer. Should any temporary pavement fail, the Company shall be responsible for repairing it, at its own cost, before close of Work on the day notification is given, Should the Company be unable to make such repair by close of Work, the Company shall notify the Contract Administrator and provide an estimated time when repairs can be made. No repa.ir tiineframes shall exceed 48 hours. Any damages, either direct or indirect, resulting from such temporary pavement failures shall be the sole liability of the Company. Alllimerock base material used for temporary pavement and constructed in proposed grassed areas shall be completely removed and disposed of by the Company prior to final restorative grassing operations. The area shall be backfilled with material stockpiled on the Work Location that is conducive to growth of the plant material. All costs associated with this work shall be included in the associated line item in the Bid Document. 2.3.11. Traffic Signage [JEA-573} Costs incurred by the Contractor to provide new signage and pavement markers, or remove and replace existing signage as necessary to accomplish the work shall not be paid for separately but shall be merged with the cost of the associated item of work. Damaged signage shall be replaced with new signage. All signage and pavement markers in accordance with the drawings and City Traffic Engineer's requirements. 2.3.12. Tree Protection' [JEA-C345] ~" The Company shaH protect all trees, in accordance with applicable city and county laws, from damage by vehicles, equipment and machinery, except those trees designated for removal (via permit) on the construction drawirl.gs. Removal of any tree Dot so designated nor permitted, shall be only upon specific approval by the JEA Engineer, Excavated dirt shall not be piled around the base of any tree not designated for removal. The Company shall not bury or bum any refuse around or near the trees. The Company shall proceed with caution when excavating in the vicinity of root structure of any tree. Excavation shall be by hand if necessary, Roots up to 2" in diameter when severed do not require any pruning paint. Roots from 2" to 4" in diameter must be severed with a pruning saw and painted. Roots over 4" shall not be severed except as directed by the JEA Engineer, An ax or similar tool is not acceptable for pruning. The wood shall be treated with asphalt-type pruning paint as soon as possible after pruning. 50 ~ .~ Prior to any site disturbance, barriers shall be put up around each tree to be protected, lhese barriers shall be constructed of 2 x 4's or any other practical materials that will discourage disturbance near the tree, To conform to applicable city and county laws and codes, these barriers should be at le.~st 6' away from the trunk of the tree and protect an area that is at least 50% of the unpaved area covered by the crown spread of the tree. When conditions permit, barriers are to be placed in such a manner as to provide the largest undisturbed area possible, Cutting tree roots shall be kept to a minimum and only allowed when absolutely necessary, In such instances the Company shall ensure th8t all cuts are made clean with a saw, free of all loose soil, and sealed with pruning paint or shellac. At no time shall roots be pulled, ripped or cut with a blade, backhoe or other mechanical device, Additional fill under the crown spread of trees shall be kept to a minimum. If additional fill is unavoidable, all fill material shall consist of clean, coarse sand or gravel, free of silt and clay to allow for free movement of air and water. Lowering the grade under the crown spread of trees will not be pennitted, Should branches require pruning to provide for roadway or other necessary clearance, they shall be cut back to a main stem or crotch of the tree. All cuts shall be made at the bench collar to allow the natural healing process of the tree to occur. To further promote the natural healing process, no pruning paint or other material shall be applied to pruning cuts. If a tree is wounded during construction, all bark surrounding the wound shall be cut away and carefully removed, Care shall be taken .to leave as muoh cambium as possible. Any tree whose root system has been disturbed or damaged must be properly fertilized to aid in its recovery. The hole or punch-bar method shall be used for applying fertilizer. The holes should be approximately 12" to 18" deep, I" to 2" in diameter, 2' apart, and extend 2' past the drip line of the tree. The Company shall not apply fertilizer within 1 foot of the tronk: of a small tree (up to 6" in diameter) or f within 3' of the trunk of a large tree (over 6" in diameter). Injury to the root collar and trunk base may result. The type of fertilizer to be used shall be 25% organic 8-8-8 with minor elements included. Chemical analysis as follows: Total Nitrogen, not less than 8.00%, available Phosphoric Acid, not less than 8,00%, water soluble potash, not less than 8.00%. Fertilizer shall be applied at the following rates and shall be evenly distributed among the holes: Hardwoods up to 6" Dia. 2 lb. per inch of Dia. Hardwoods over 6" Dia. 4 lb. per inch of Dia. . Evergreens up to 6" Dia, lIb. per inch of Dia. Evergreens over 6" Dia. 2 lb. per inch ofDia. 2.3.13. Paving Removal and Replacement ~ Add the following to Section 801, Items 9.1 and 9.2, Pavement removal and replacement shall be based on a maximum asphalt sawcut width of 6' (3' -maximum trench width) and shall adhere to the COJ Pavement Repair Details referenced in the Bid Item. Pavement settlement will be inspected 11 months after installation. Areas experiencing 112" or more total dip in any cross section shall be considered a defect, and shall be corrected as directed by JEA, . 2.3.14, Sewer Lateral Piping - Remove and Replace Add the following to Section 801, Item 16.4: When practical, the service lateral pipe shall be installed by tunneling under the curb and sidewalk to minimize replacement work. 2.3.15. Sewer Piping Remove and Replace Through Point Repairs Add the following to Section 801, Item 16.2: Payment for a point repair and/or obstruction removal will be by sewer diameter, divided into 4' depth intervals and payment made for each point repair perfonned, Examp Ie: 6" - 10" and shall include an allowance for 6' length of pipe. Lengths beyond 6' shall be paid per the linear foot within the depth interval. 12" - 18" sewer pipes shall include an allowance for 1 0' 51 t length of pipe, Lengths beyond 10' shall be paid per the linear foot within the depth interval. All repair cIa:nps, fi~ingsl and street repair are included with the task. Payment shall be per the unit prices set forth, Pam,t repaIrs for pipe sizes greater than IS" shaH be handled by Supplemental Work Authorization, Point repalI'S developing as a result of the cleaning operation, shall be the full responsibility of the CIPP Contractor, In the event the Contractor cannot correct the problem in a timely manner, JEA will coordinate the repair and shall issue a back charge to the Contractor. 2.3.16. Contingency Items Bid Line Items are included herein to obtain unit prices to perfonn the work under contingency, should it be encountered duringtheperfonnance of the Work. JEA is unaware of the existence of these conditions at this time, but shall exercise the unit prices as required, 2.3.17. JEA Fixed Price Iteins A unit price allowance is included in the Bid Form for select line items. These fIxed prices reflect usual and customary fees paid for these items on JEA proj ects, The unit prioe allowance shall constitute full compensation for the items of work. 2.3.18. General Conditions Contract Lump Sum Prioe shown for General Conditions on the Bid Form shall be compensation to complete the Work as required.in the General Conditions and/or Special Conditions that are not paid for separately. Payment of the Lump Sum Price shall only be made for the percentage of Work completed. The percentage as indicated on the Bid Form, shall be the maximum percentage of the associated subtotal. 2.3.19. Sewage Spills l The JEA recognizes that sewage may be released from pipes in the course of performing the Work. Contractor shall minimize the amount of sowage released into excavations by notifying affected parties (homeowners or businesses) of the service interruption, pre-draining affected lines, insuring pump station (non) operating status, etc. Contractor shall take precautions to prevent sewage from contacting the ground. If sewage contacts the ground, Contractor shall take appropriate measures to disinfect the affected area where the sewage release occurred. When pooling sewage is observed, Contractor shall vacuum remove the sewage or remove the sewage by other means acceptable to the JEA Inspector and dispose of the sewage in accordance with environmental and public health regulations, This can include purpping to the nearest available sanitary manhole. Sanitary systems found plugged due to this type of pumping activity shall be cleaned at the Contractor's expense. Contractor shall inform the JEA Inspector of spills which contact the ground estimated to be in excess of five gallons. Spills of less tban fIve gallons which contact the ground shall be noted in the Contractor's fIeld log book. NotifIcation of Inspector does not mitigate Contractor's responsibility to tak~corrective action. If rnA is fmed as a .result of a sewage spill associated with the Work, JEA may require Contractor to reimburse JEA for the fme amount. 2.3.20. Response time The Contractor shall have a representative available to meet with JEA within (4) HOUTS notice to initiate an action plan for emergencies, As directed by lEA, the Contractor shall mobilize with manpower, equipment, and materials to perform most emergency work within 24 hours of the initial meeting. 3.1. Special Conditions 3.1.1. Special Conditions are attached as Exhibit C and incorporated herein by reference. ':::'1 - -) I } IN WITNESS WHEREOF, the parties hereto have duly executed this Contract, in duplicate, the day and year first above written. . ATTEST: INSITUFORM TECHNOLOGIES, INC. B~BY'~~ N e: 0 II n n S m It h. Name: H . . u . s T , Contr.!lctln9 !!nd -,+:r"uJng Title:vl"~p..,."...1 Pr'"nJ..,.,t- Officer ATTEST: ~~ Name: Title: ~~elllher Bu~ett 'aanager, rocurBment liontrll.ct8 I hereby certify that the expenditure contemplated by the foregoing Amendment has been duly authorized, and provision has been made for payment of the monies provided therein to be paid. By:_- ? f'~ - v"'=;:, c: ~_ (~ Pr ww-.cl ~ .[ /1 Z/b-l Di:ector Budget Services A-w ().AJ)... .~ Z Contract No. 82768 Qh'~ ~2.ILR13 F~ -----Office of General Counsel ,<- 53 -,' .. -~ ..... " - -". ,._~-_. . ,~~._. .-----.- ---~.-. ,..~. ... f Item SlJec SC Est, Units DescrlJ)tlon UNIT TOTAL Unit I , NO, NO. QTY PRICE PRICE i S25 dOO.OO , 1 6.9,6 1 LS Tealfne Allowance $25.000.QO ; I g8U Fumlah and Install 8" CIPP Ilnlng. 6.0 $26.80 S 107,200.00 1* 2 4000 LF mmll1lck, ( I- Fumlah and In1l1B1I10. CIPP lining 6.0 $31 .20 62,'+00.00 ~. 3 961.1 2000 u= mm thick $ I Fumlsh and Inlltal112. OIPP Unlng, 6,0 $32.7Q 65,4-00.00 , 4 961,1 2000 LP mm thick $ vi Furnish and Inala1l1S" elP? linIng, 7.5 $42.50 $ 42,500.00 , 5 e81.1 1000 LF mm thIck Furnish and Install1e. elP? lining, 7.5 $47.90 $' 23,950.00 i e 961.1 500 LF mm thIck V Furnish and Inatal! 1 g' elPp lInl~g, ;,0 $4~.90 93',800.00 7 961.1 2000 LF mm thIck $ LF Fumfah and ln8tall 20' OIPP <<nlng. 9.0 $59.20 $ 29,600.00 B 961.2 500 mrnlhlck J Fumish and Inalall 21' eu:>p lining, 9.0 $61.80 30,900.00 9 961.2 . ' 500 LF mm thIck $ I Fu'mllh and InstaU 24. CIPF lining, g.O $61. .50 61,500:00 10 961.2 1000. LF mmll1lck $ . Fumllh and lnslan 30' elPP D"'ng, 12,0 $94.10 $ 47,050.00 11 981.2 500 , LF mm thIck , 'PumJeh and Install 36' elPP linIng, 13.5 $117.90 $ 58,950.00 12 961.2 500 LF mm (hick I FurnIsh and Install4Z' elP? "nJng, 13.5 $120.10 63,050.00 , 13 Ba1.2 500 LF mm fhlck S. FurnIsh and fnstall48. efF? lining, 15.0 $173.40 IS 86,700.00 14 981,2 500 LF mm thIck 961.2 Fumlsh and Inslall 54: elPp lining, 21.0 i $238.60 I is 119,300.00 15 500 LF rnm thIck . Pipe Bu~Ung 3" . 4' Servlc8 Lateral to I I : .4,5" OD SDR 19. HOPE (0'-4' Deep) I I 3' - S" Sewer Servloe Latel'1ll to 4.5", I I 6,625", 9.06' 00 SOR 19, HOPE or 6' I or S' ?YO SDR35 Conforming to ASTM ',800.00 I $36.00 16 931 50 LF 03034-74 lA/I Dectnsl is ! \ ,A.dJustfRasst Manhole Frame and 32- $690.00 690.00 22 966 1 EA Ola Cover. Uo to One Fcot S A.cIjustlRasel Manhole Frame Bnd 32' $186.00 S 186,.00 23 962 1 VF ola Cover (Item 231, Excess Over Foot Lateral Connection (DFW Flexible , Saddle to PVC) @ 8" -12' HDPE, (0' - I $860.00 I 8,600.00 32 953.1 10 EA 4' Deep) i is Cured In Plac:e Pipe (OPP) Unit Price Construction Dage 20 of 77 .. -..... .. ---' .-.-. .-.. ... ...- - ... .. .. -.. -... ... .-. . . .. -..- . -. -...-.,.. - --- ...0____.. . ._..'_ .., . . , - . . ..-- ... . .- - -. '-- -..- , ~ Lallral connection (DFW Flexible &e3.1 S.~dl. to I'Ve) G 8" -12. HOPE, (4' - $1 .065 :00 10.650.00 33 10 EA 8' Deebl $ , Latll'lll Connect/on (CFW Flexible 34 963,1 Siddle 1~1 I'VC) Gl S" - 12" HOPE, (8' -, $1.330.00 13.300.00 10 EA l2'Dee , S Laleral Connect/an (OFW Flexible Siddle to flVC) ell 8" - 12" HOPE, (12' $1.600.00 16.000.00 35 963.1 10 EA -1S' Oeeo\ . $ Lallra! Connection (CFW Flexible Sadcl1e to HOPE) @ S. -12. HOPE. (0' $855.00 8,550.00 36 963.2 10 EA - 4' oeeDI $ Llt.ral Connection (OFW Flltxlbl. SaddlelD HOPE) @ S' -12' HOPE, (4' $1,065.00 1 0 ,650'.~0. 37 963.2 10 EA - 8' Deen' $ Latel'lll ConneotlOn (CFW Flexible , Sac;ldlelD HOPE) CD S' -12' HOPE, (S' $1,330.00 13,300, .00 3S 963.2 10 SA -1.2' C.ea\ . $ Literal Connection (OFW Flulble Saddle to HOPE) ellS" -12' HOPE, (12' ,$1,600.00 1.6,000 .00 ' . j. 39 963 10 EA -16" Oeeo\. . S Reconnect existing servIces using $175.00 I 8,750.00 il-- 44 963.3 . 50 EA robotlc Internal cutter 5 250.00 { 45 963.4 15 EA Hammer Tap FWmoval $210.00 $ Lateral Oonnlctlon OeemedlnacUve (0' . $760.00 . II . 3,800,00 41$ 964 5 EA - 4' o.eol j Lateral Connection Ceemed Inact1v8 (4' $1,065.00 I 5,325.00 41 !il64 5 EA - S' Oeep\ . Laterll Connectton Oeemed lnecllvl (a' $1,220.00 s 6,100.00 48 , 964 5 EA - 12' Oeenl ' }:-terll con~:FonD~emed Inactive $1,540.00 7,700.00 49 !il64 I) EA 12~1e'Oee . S J 50 963 1000 LF CCTV .nd Uahl Clean a' - 21' Ole Dloe $3.50 Ii 3 500.00 ~. CCTV and L1ghl Clean 24' - 54" Dla 51 965 1000 LF n~e' . $8.50 $ 8 500.00 Tuberculation Removal S' -12' $20.00 4,000.00 52 965.1 200 LF D1amlt.~ S TuberculaUon Removal, 14' -16' . $25.00 53 965.1. ZOO 'LF Dlameler $ 5 000.00 TuberoulaUon Remeval20' - 24' !G "" 54 965.1 200 LF Diameter $31 .00 6,200.00 :ruberoulaUon Removal 2r ...: 42' $35.00 7,0'00.00 55 965,1 200 LF Olamater Ii .; 56 966 . 1000 LF Bvoasa Pumol~a .1S".21.010a $18.50 S 18.500.00 .j 59 966 500 LF ' Bvoaee POmolna . 24'036' aloe '$S6.00 S 28.000.00 62 see 500 LF BWlss Pumplm, . 42~.54' p/lJe $95.00 $ 47.500.00 68 408-4 100 CY A.3 Soil Backfill $1'6.20 S 1 620'.00 69 40 S-.9 1000 CY Flowab/e FIll $121.10 S 121 100.00 70 427.1 1 EA Tvee "A' Manhols 10' - 4' DIlIlO) $2,625.00 S 2.625.00 71 427.1 1 'EA Time 'A' Manhole (4' - 6' DeeD I $3,190.00 S 3,190.00 72 427.1 1 EA Tv". "A' Manhole re' - 8' Oeeel $3,930.00 S 3,930.00 13 427;1 1 EA Time .A" Manhole IS' -10' Oeeol $4,880..00 S 4,880.00 74 427.1 1 EA Tvee "6' Manhole 10' - 4' Deeol $3.630.00 S 3.630.00 Cured In Place PIpe (app) Unit PrfCll ConstructJon Page 21 of 77 .~ -. 75 427.1 1 EA Tye. 's' Manhele 14' - 8' Oeao\ 4.675.00 s 4.675.00 76 427.1 1 EA Tyce 'e' Manhole rs' - 8' Dilen \ 5,525.00 S 5,525.00 77 427.1 1 EA T\II:H!! '8' MlnnolelS' - 10' Deael 6.160.00 S 6,160.00 I 94 427.4 ConnecUlln tc exIsting Manhole '6" 1 60 ; 00 1 ; 600.00 10 EA Servlce Uileral S Sev::[ PipIng e. - TZ'. PVC (0' . 4' I 95 428.1 25 LF Dee ltR1 . no S 2.025.00 I B8 428.1 s'~:r Piping S. -12', PVC (4' - 8' ~106.00 2,650.00 I 25 LF 0.. $ 42S.1 Se~: PIping 8' - 12', PVC (8' " 12' I 97 25 LF 0.. $133.00 $ 3.325.00 i 98 428,1 Se:; PipIng S' -;-12', "PVC (12'-16' $166,00 4,650.00 25 LF O.e $ I s.~:~ PipIng 14' -18', PVC (0'_ 4' . 1,010.00 : 99 428.1 10 .LF O.e $101 .00 $ " I 428,1 S.=:~ PIpIng 14'-18", PIIC (4' - 8' $'133.00 1,330.00 , 100 10 LF Dee S 101 428.1 10 LF S~:[ PipIng 14. .. 1 S', PVC (8' -12' $192.00 $ 1,920.00 Oa IF ee::[ F'fpfnQ 14' -is', PVC (12' - 16' $230.00 2,300.00 I 102 428.1 10 Oea . $ i I : Re:e~e &. Replace S' - 12' PVC (0' " 4' $1,510.00 7,550.00 103 428.2 5 EA De. S 104 428.2 Re~D~Y' l.Replece 6" - 12' PVC (4' - 8' $1,910.00 9,550.00 : 5 EA O.e S , 'Remove l Replace 6' - 12' PVC (8'- 105 428.2 5 EA 12' DeeDI .' $2,440.00 $ 12,200.00 Remove &. Replace 6' - 12" PVC (12'- $2,975.00 14,875.00 106 428.2 5 EA 18' Deen\ $ Remove & Replace 14' -18' PVC (0'- $1, ,510 .00 7,550,00 107 428.2 5 EA 4' OeBDl $ Rem~~~&RePleCe 14'-167 PVC (4'- $1,910.00 ,9,550,00 108 428.2 5 EA 8' Dee $ Remove & Replace 14' -is" PVC (8'- $2,44Q.OO 12.200~00 109 428.2 5 EA 12' Deeo) . $ w Remove l~rePlece 14' -18" PVC (12' $3,080.00 15,400,00 110 428.2 5 EA -18' Dee $ Remove and Replace Lateral 6' PVC SOR35 ConformIng te ASTM D3034-74 $36.00 3,800.00 111 42S.4 100 LF 10' - 4' Oeen\ $ 'R!lmoye and Replace Lateral S' PVC $45.00 4,500.00 SDR35 ConformIng to ASTM 03034-74 112 428.4 . 100 LF (4' - 8' Deep) $ -=='~~ I Remove and Replsce Lateral 6' PVC $66.00 6,600.00 SDR35 con:~~lng to ASTM 03034-74 : $ 113 428.4 fOO LF IS' -12' Dee Cured in Place Pipe (crPP) Unit Price Construction Page 22 of n - .. '.'. " ., . . . - . .. ... '" .. M_..._.... , - .. . .. '-'... .. __ M. ..... .... ,. . -....... ,,_....... . .' - ". - . , " ... . - -' , , ) Remove .nd Repllce La18ral B' PVC 114 428,4 ~DR35 Canf~~'l'!g lD AST!v' 03034-74 $83.00 S 8,300.00 100 ' LF 12'-18' 0.. 115 428,8 25 IF y.rtl !'tolne - 4. $35.00 .f 875.00 'f16 428,8' 2S LF' Yard Plalne -8" I <<'U.OO . 950.ao ' . 117 441-1 1000 BY Soddlna S 8.00, S8000.00 Paving Ramoval & Repalr- Cro'l Cut 127 & Pilch .COJ Standard Ca88 lC 490-1 750 SY Pennlnlnt Pavement Rs"IBClsment SfJ~.OO S48 750.00 Remove and Replace Sldewalle (All 1:36 491-1 100 SY Tvasl & Thlcknessl S8UO sa 250.00 Remcv~.nd RaPI:1, Drlvlway (All ssud 137 49~.2 100 Sy jynes & "I'hIckne88 ' SS 560.00 . , Remove .nd R'PI:f' Curti & Gutter (AR 12200.00 138 491-3 100 u= TVDel4 Thielen... ' 122.00 ~Ullll~~msnlal Work AufhorizaUon 5100,000.0 140 8.12.5 . 1 LS SWA . f100 000.00 SUBTOTAL .' f. 1,650,146.00 7.3.1S General CondItIons (Max 5% of Total BId) $' ~4.7S2.19 . , $ 1.674,898.19 ' TOTAL BID (Subtotal Dlus General Cond1tio~s) . . :r , Cured In Place Pipe (app) Unit Price Construction Page 23 01' n 0, ., ___0._"'_ ,_.~ .- . --.... . \ , BiD FORM - CIPP TIDGKNESS ADD / (DEDUCT) For each dlameter.CIPP. JEA has selected a standard thickness and wfll ~ the only material evaluate<:!. AddItionally, the Contractor shall'submlt an add I deduct cost In the below laDle for 1.5 mm incremental changes In thickness, These will not be evaluated, but shall belmplernented during the execution of th e Conlract Units Descriotion UNIT PRICE 1 -1 MM THICKe~ Add for each 1.5 mm dlflill'llnce from B.O mm thick for S. CIPP . $ 2.00 , MMTHrCKER Add for each 1.5 mm dlffel'llnce from 6.0 .: mm thIck for 10. CIPP $ 2.00 MM THICKER Add for each 1.5 mm dlffel'llncll from 6.0 ! mm Ihlck for 12. Ol?? $ 2.50 MM THICKER Add for each 1.11 mm difference from 7.5 mm thick for is' elP? $ 3.00 ~ MM THICKER Add for eaoh 1.5 mm dIfference from 7.5 mm thick for 16. elPp $ 3.00 MM THICKER Add for each '\.5 mm dlfflll'8nce from 9.0 mm thick fDr is. OIP? '. $ 4.50 MM THICKER Add for each 1.5 mm difference from 8.0 mm thick fer 20' OIPP $ 5.00 I . MM THICKER. Add for IIsch 1.5 mm difference from 8.0 / mm thick for 21' CI?? $ 5.50 : MM THICKER Add for lIach 1.5 mm difference from 8.0 !xl := mm thIck for 24. Cr?p $ 6.00 473.50 MM THICKER Add for eeoh 1,5 mm difference from 12.0 : mm Ittlck for aO" CIPP. $ 7,00 - MM THICKER Add for lIach 1.5 mm difference from 13.5 mm thick for 36" CIPP. $ 8.00 I MM THICKER Add for each 1,5 mm difference from 13,5 B .08' mm thick for 42" CIP? $ MM THICKER Add for eech 1.5 mm difference from 15.0 , mm thlok for 46." CIP? $ 15,00 MM THICKER Add fOf lIach 1.5 mm difference from 21.0 mm Ihlck for 54. CI?? $ 20.00 MM THICKER Add for each 1.5 mm dIfference from 6.0 mm thIck for S" elPP $ 2.00 i MM THICKER Add for each 1.5 mm dIfference from 6.0 mm thick (or ~O" CIPP $ 2.00 ~ Cured In Place Pipe (CIPP) Unit Price Construction Page 24 of 77 VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Fonn Must be Requested City Date Final Fonn Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office 0 o June 16,2009 0 0 0 o June 2, 2009 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Comoliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: A Motion to approve piggy-backing of an Agreement dated February 8, 2008 between the City of A ventura, Florida and American Traffic Solutions (A TS) of Scottsdale, AZ for a Traffic Safety Camera Program. EXPLANATION: At the Commission meeting of April 21, 2009, the Commission approved piggy- backing an existing Agreement with A TS for a Red Light Enforcement Program. American Traffic Solutions (A TS) currently has ten (10) contracts in Florida (see attachment). After reviewing Agreements between A TS and other Florida municipalities, City of Boynton Beach staff found that the Agreement between A TS and the City of A ventura best matched our needs. Our staff then reviewed the following process by A ventura to determine if it met Public Contract Bid requirements. On November 13, 2007, the City of Aventura opened three (3) responses to the City's Request for Proposals (RFP#08-11-13-2) for the Traffic Safety Camera Program. A review team comprised of six (6) members from A ventura evaluated the proposals and determined that American Traffic Solutions (ATS) was the most responsive, responsible proposer to provide a turn key Traffic Safety Camera Program for their city. Our staff determined that the City of Aventura complied with requirements equal to or greater than Boynton Beach's requirements. PROGRAM IMP ACT: The objective of the Traffic Safety Camera Program is to provide a successful traffic safety program within City of Boynton Beach boundaries on City/County roads. To achieve this goal, we will work with A TS and Palm Beach County to deploy a turnkey system for automated red light enforcement as specified in the A TS proposal to the City of A ventura and the resulting Agreement dated February 8, 2008 between the City of A ventura and A TS. Per the attached Palm Beach County memorandum of November 5, 2008 there are restrictions on the placement and connection of camera gear as well as other considerations. Weare also attaching a "List of Full Signals Within Boynton Beach City Limits". S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DCX:: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMP ACT: Based on the current City of Boynton Beach Code, the Police Department will issue a citation of $125.00 per infraction. Upon payment of the citation, ATS will pay the City using a Tiered Fee per Paid Citation as follows: . 1 st Tier Fee: First two (2) paid citations per day in a month, per camera $47.50 each. . 2nd Tier Fee: Next two (2) paid citations per day in a month, per camera $27.50 each. . 3rd Tier Fee: All other paid citations per day in a month, per camera $17.50 each If fewer than two (2) citations are paid per day, per camera, in a month, A TS will retain all revenue. Pembroke Pines contracted with ATS on December 7, 2007. In February 2009, one camera is operational with 170 citations issued and 84 paid or approximately three (3) per day. Under proposed legislation, the State would set a Civil Fee at $150 per infraction. However, 400.10 of the Civil Fee would go to the State and 60% would limit the municipal revenue to $90 per citation. From that amount, ATS deducts their share of the revenue using the above Tiered Fee per Paid Citation. Staff prepared annual revenue estimates using the above Tiered Fee per Paid Citation with different assumptions as to the number of paid citations once the cameras are operational and the Warning Period comes to an end. 1. Installing five (5) red light cameras illustrating application of the full Tiered Fee payable to ATS 0 $834,938 - Assumes 5 citations at $125 paid per day under the City's Code 0 $515,563 - Assumes 5 citations at $150 paid per day under proposed State legislation with 400.10 retained by the State and 600.10 ($90) coming to the City 2. Installing five (5) red light cameras illustrating Pembroke Pines level of citations 0 $460,813 - Assumes 3 citations at $125 paid per day under the City's Code 0 $269,188 - Assumes 3 citations at $150 paid per day under proposed State legislation with 40% retained by the State and 60% ($90) coming to the City Calculations of the above annual revenue estimates to the City are attached. There is also proposed State legislation that effectively eliminates municipal revenue from the placement of red light cameras on State-owned traffic signals. The above estimates assume none of the cameras will be placed on State-owned traffic signals. AL TERNA TIVES: Not go forward with the Red Light Enforcement Program. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DCX:: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head's Signature ~~ Ity Manager's SIgnature Ciu:i Ui ~ .. Ass;_ttOC;tyM~~ Procurement S~ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.IX>C Jurisdiction Contract Date Contract Terms/Duration Contract Terms/Pricina Apopka 3/7/2007 5 years with (1) 5 year renewal $40 fee per paid citation Aventura 3/6/2008 5 years with (2) 5 year renewals First (2) paid citations per day/per camera $47.50 ea, Next (2) per day/per camera $27.50 ea, Additional per day/per camera $17.50 ea Bal Harbour 5 years with (2) 5 year renewals First (2) paid citations per day/per camera $47.50 ea, Next (2) per day/per camera $27.50 ea, Additional per day/per camera $17.50 ea Hialeah 12/30/2008 3 years with (2) 3 year renewals First (2) paid citations per day/per camera $47.50 ea, Next (2) per day/per camera $27.50 ea, Additional per day/per camera $17.50 ea Homestead 3/10/2009 5 years with (2) 5 year renewals First (2) paid citations per day/per camera $47.50 ea, Next (2) per day/per camera $27.50 ea, Additional per day/per camera $17.50 ea Lakeland 11/11/2008 3 years with (2) 1 year renewals First paid citation per day per camera $125 ea., Next (2) per day/per camera $25.00 ea. Additional per day/per camera $10 ea. Palm Coast 12/3/2007 3 years with total of (5) year renewal $40 per paid citation Pembroke Pines 12/5/2007 3 years with (2) 3 year renewals First (2) paid citations per day/per camera $47.50 ea. Next (2) per day/per camera $27.50 ea. Additional per day/per camera $17.50 ea Royal Palm Beach 4/9/2009 5 years with (2) 5 year renewals First (3) paid citations per day/per camera $47.50 ea, Next (2) per day/per camera $27.50 ea, Additional per day/per camera $17.50 ea Winter Springs 10/21/20083 years with total of (5) year renewal $40 per paid citation . CITY OF BOYNTON BEACH Estimates of Red Light Camera Revenue Estimate 1 - 5 Intersections I 5 Citations Per Day Without leGislation ($125 Per Citation} Total Citation 1 Citation 2 Citation 3 Citation 4 Citation 5 Per Camera ~ Assumption of 5 CitationslOay $ 625.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 Less ATS Fee $ (167.50) $ (47.50) $ (47.50) $ (27.50) $ (27.50) $ (17.50) Net to City Per Day, Per Camera@$125 $ 457.50 $ n.50 $ n.50 $ 97.50 $ 97.50 $ 107.50 Number of Cameras x5 Five Intersections Daily (Above Total x 5) $ 2,288 Five Intersections Annual (Above x 365) $ 834,938 With Leaislation ($150 Per Citation) Total Citation 1 Citation 2 Citation 3 Citation 4 Citation 5 Per Camera - Assumption of 5 CitationslOay $ 750.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 60% of Each Citation above to City $ 450.00 $ 90.00 $ 90.00 $ 90.00 $ 90.00 $ 90.00 Less ATS Fee $ (167.50) $ (47.50) $ (47.50) $ (27.50) $ (27.50) $ (17 .50) Net to City Per Day, Per Camera @ $150 $ 282.50 $ 42.50 $ 42.50 $ 62.50 $ 62.50 $ 72.50 Number of Cameras x5 Five Intersections Daily (Above Total x 5) $ 1,412.50 Five Intersections Annual (Above x 365) $ 515,563 Estimate 2 - 5 Intersections I 3 Citations Per Day Without Leaislation ($125 Per Citation) Total Citation 1 Citation 2 Citation 3 Citation 4 Citation 5 Per Camera - Assumption of 5 CitationslOay $ 375.00 $ 125.00 $ 125.00 $ 125.00 $ - $ - Less A TS Fee $ (122.50) $ (47.50) $ (47.50) $ (27.50) $ - $ - Net to City Per Day, Per Camera @ $125 $ 252.50 $ n.50 $ n.50 $ 97.50 $ - $ - Number of Cameras x5 Five Intersections Daily (Above Total x 5) $ 1,263 Five Intersections Annual (Above x 365) $ 460.813 With Leaislation ($150 Per Citation) ~ Citation 1 Citation 2 Citation 3 Citation 4 Citation 5 Per Camera - Assumption of 5 Citations/Day $ 450.00 $ 150.00 $ 150.00 $ 150.00 $ - $ - 6QOA, of Each Citation above to City $ 270.00 $ 90.00 $ 90.00 $ 90.00 $ - $ - Less A TS Fee $ (122.50) $ (47.50) $ (47.50) $ (27.50) $ - $ - Net to City Per Day, Per Camera @ $150 $ 147.50 $ 42.50 $ 42.50 $ 62.50 $ ~ $ - Number of Cameras x5 Five Intersections Daily (Above Total x 5) $ 737.50 Five Intersections Annual (Above x 365) $ 269.188 November 5, 2008 City, Town and Village Managers RE: RED LIGHT CAMERA PROGRAMS Dear Managers, In a recent article in the Palm Beach Post, it has come to my attention that some municipalities are in the process of implementing red light camera enforcement programs. Palm Beach County adopted a red light camera ordinance earlier this year and is in the process of seeking proposals from vendors to implement a red light camera program. The Palm Beach County ordinance has a provision for an interlocal agreement between the County and municipalities to implement the County's program within municipalities. We recognize that many municipalities will want to implement their own programs and we would like to assist in making those successful. As you know, Palm Beach County Traffic Division is the maintaining agency for most of the traffic signals within Palm Beach County. Since the Board of County Commissioners has endorsed red light camera enforcement, I want to assure you that the Palm Beach County Traffic Division will cooperate with the municipalities that chose to implement their own red light camera programs. However, for those municipalities that choose to implement their own red light camera enforcement programs, I feel there are some technical and policy issues that should be addressed. Yellow Signal Clearance Timing Some critics of red light camera enforcement programs have argued that yellow clearance times at intersections with red light cameras are not set properly. Palm Beach County follows the recommended guidelines for yellow clearance times published by the Institute of Transportation Engineers. At all locations monitored for enforcement, be they county or municipal, the Palm Beach County Traffic Division will verify and document the yellow clearance times. The documentation will assist us and you should any red light infraction be contested based on the yellow clearance time. Connections to Traffic Signal Control Cabinets Some red light camera vendors connect to the traffic signal control cabinets to monitor the yellow and red signals. Other vendors monitor the yellow and red signal using an optical device. The Palm Beach County request for proposals for red light cameras precludes connection to the traffic signal control cabinets. The primary reason for this November 5, 2008 City, Town and Village Managers RE: RED LIGHT CAMERA PROGRAMS Page 2 restriction relates to issues that may occur at intersection with State roads (more on this issue below). If you chose a red light camera system that requires connection to the traffic signal control cabinets, please be sure that the vendor gets approval of the connection method from the Palm Beach County Traffic Division. Red light Cameras on State Roadways and Intersections with State Roadways The State of Florida has not approved the use of red light cameras. For this reason, the Florida Department of Transportation - District Four has advised that they will not allow any red light camera equipment within the State rights-of-ways. The Palm Beach County Traffic Division will not allow attachment to any traffic signal equipment within the State rights-of-ways without approval from the Florida Department of Transportation. Vehicle Detection There are several technologies used by red light camera systems to detect the location and speed of the vehicles. Systems using radar, video and laser technology do not require devices in the pavement. Other systems use devices cut into the pavement, such as inductance loops. New inductance loops cut into the pavement that will damage the existing traffic signal inductance loops will not be allowed. Other devices installed in the pavement, such a wireless magnetometers, may not damage the existing inductance loop, but may cause interference with those loops. Therefore, any detection device installed in the pavement will need to be tested and approved by the Traffic Division before they are installed. Video Monitoring Some red light camera systems are capable of allowing real time remote monitoring of the system's video cameras through a secure web interface. The Palm Beach County Traffic Division currently has 35 traffic monitoring cameras that are used to allow us to adjust traffic signal timing and better manage traffic flow when normal traffic is disrupted. We plan on also using the web access to the red light camera system that will be installed for us to increase the number of intersections that can be monitored. It is requested that you allow the Traffic Division similar access to your red light camera system video cameras for traffic monitoring purposes. November 5,2008 City, Town and Village Managers RE: RED LIGHT CAMERA PROGRAMS Page 3 Grace Period Red light camera systems are capable of detecting violations a fraction of second into the red light interval. Some jurisdictions issue red light infractions for violations as small as 0.1 second into the red light interval. Staff told our Board that we did not recommend a violation notice should be issued for situations when the infractions are so short that it may not be discernable to a police officer on the street. As such, Palm Beach County has chosen to issue red light infractions only for vehicles entering the intersection more than 0.5 second into the red light interval. However, we also understand that the "appropriate" length of a grace period is debatable. I raise this issue for your consideration. Right Turns On Red The Board of County Commissioners has directed staff to not include right turn on red violations in the County's red light camera program. This addresses the issue of "rolling" right turns on red where right turning vehicles may not come to a complete stop as they approach a signal turning red. Our research revealed that this type of violation accounted for a significant number of violation notices in jurisdictions that had previously implemented red light camera enforcement. We are not aware of any study that addresses the danger of rolling right turn on red maneuvers. A study by the Transportation Research Board concluded that right turn on red maneuvers are no more dangerous than right turns at non-signalized intersections. We also understand however, that there may be a rational for enforcing right turn on red violations at intersections with many crossing pedestrians. Again, I raise this issue for your consideration. For those of you choosing to implement your own program, we offer our cooperation and assistance. Our Board has been a strong supporter of camera enforcement and we anticipate that our combined programs will make for a safer Palm Beach County. Please let me or my Traffic Division staff know if we can be of assistance. Sincerely, George T. Webb, P.E. County Engineer LIST OF FULL SIGNALS WITH IN THE BOYNTON BEACH CITY LIMITS CREATED: 4/29/2009 DOT _RD # = Number of intersecting roads that are FOOT owned. ........... ~.....;'<.;"..E ; 1 41675 HYPOLUXO RD LAWRENCE RD 0 2 41700 HYPOLUXO RD CONGRESS AVE 0 3 41850 MEADOWS BLVD/BOYNTON LAKES BLVD CONGRESS AVE 0 4 41900 MINER RD CONGRESS AVE 0 5 43845 GATEWAY BLVD QUANTUM LAKE DR 0 6 43850 GATEWAY BLVD HIGH RIDGE RD 0 7 43870 GATEWAY BLVD 1-95 1 8 43875 GATEWAY BLVD SECREST BLVD 0 9 43900 GATEWAY BLVD FEDERAL HWY 1 10 45200 MARTIN LUTHER KING BLVD/NW 10TH AVE SEACREST BLVD 0 11 45250 MARTIN LUTHUR KING BLVD FEDERAL HWY 1 12 45500 GATEWAY BLVD CONGRESS AVE 0 13 45501 CATALINA CENTER/RENAISSANCE DR CONGRESS AVE 0 14 45525 GATEWAY BLVD RENAISSANCE COMMONS BLVD/HAMPTON INN 0 15 45596 OLD BOYNTON RD WINCHESTER DR/BOYNTON BCH MALL B 0 16 45598 BOYNTON BEACH MALL D CONGRESS AVE 0 17 45599 BOYNTON BEACH MALL E CONGRESS AVE 0 18 45600 OLD BOYNTON RD CONGRESS AVE 0 19 46148 BOYNTON BEACH BLVD WINCHESTER DR 1 20 46150 BOYNTON BEACH BLVD CONGRESS AVE 1 21 46174 BOYNTON BEACH BLVD OLD BOYNTON RD 1 22 46175 BOYNTON BEACH BLVD 1-95 2 23 46176 BOYNTON BEACH BLVD W INDUSTRIAL WAY 1 24 46200 BOYNTON BEACH BLVD SEACREST BLVD 1 25 46225 BOYNTON BEACH BLVD FEDERAL HWY 2 26 46300 OCEAN DR CONGRESS AVE 0 27 46350 OCEAN AVE FEDERAL HWY 2 28 47499 CONGRESS BLVD SW CONGRESS AVE 0 29 47500 WOOLBRIGHT RD CONGRESS AVE 0 30 47525 WOOLBRIGHT RD SW 18TH ST 0 31 47530 WOOLBRIGHT RD SW 8TH ST/CORPORATE DR 0 32 47550 WOOLBRIGHT RD 1-95 1 33 47575 WOOLBRIGHT RD SEACREST BLVD 0 34 47576 WOOLBRIGHT RD SUNSHINE SQUARE SHOPPING CENTER 0 35 47580 WOOLBRIGHT RD LAS VENTANAS/SUNSHINE SQUARE 0 36 47600 WOOLBRIGHT RD FEDERAL HWY 1 37 48200 GOLF RD CONGRESS AVE 0 38 48225 SE 23RD AVE SEACREST BLVD 0 39 48230 SE/SW 26RD AVE/BETHESDA HOSPITAL SEACREST BLVD 0 40 48250 SE 23RD AVE FEDERAL HWY 1 41 48260 SW 30TH AVE/CHARTER DR CONGRESS AVE 0 42 48261 SUMMIT DR CONGRESS AVE 0 43 48275 GULFSTREAM BLVD/SE 36TH AVE FEDERAL HWY 1 VI.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office 0 April 21, 2009 ApriI6,2009(Noon) 0 June 16, 2009 June I, 2009 (Noon) ~ May 5, 2009 April 20,2009 (Noon) 0 Julv 7,2009 June 15,2009 (Noon) 0 Mav 19, 2009 May 4, 2009 (Noon) 0 Julv 21, 2009 July 6,2009 (Noon) l"'"'"\ - \0 ::: ., 0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon) ~ --<.' :::0 I 0 Announcements/Presentations 0 NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ 0 Le al 0 0 Unfinished Business 0 Public Hearin 0 RECOMMENDATION: Motion to authorize and execute by resolution a revised Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions between the St. Andrews Club and the City of Boynton Beach for Lift Station 101. EXPLANATION: In 2008, the area needed for the construction of Lift Station 101 was surveyed and the original Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions was executed by the St. Andrews Club and through resolution R08-049 was authorized by the City Commission on April 15, 2008. PROGRAM IMPACT: During the construction of the lift station, numerous uncharted underground utilities belonging to the St. Andrews Club, were discovered. These uncharted underground utilities conflicted with the initial location and layout of the lift station and this caused the City to shift the location of the lift station. An agreement with the St. Andrews Club, permitted the construction to continue, with the understanding that a revised Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions would be prepared and executed. Additionally, during the construction of the lift station it was discovered that the lift station did not have a dedicated service connection from FP&L and the lift station was energized off of an existing FP&L service connection for the St. Andrews Club golf course irrigation pump house. This connection did not comply with current industry standards and the need for an additional easement (for the dedicated FP&L service connection) was required. The revised Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions includes this additional easement. S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The revised Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions contains the provision for a payment of Ten and no/too ($10.00) Dollars to be paid to the St. Andrews Club in consideration of the mutual promises contained in the Agreement. The funds are available in Utilities account #406-5000-590-65-04 SWRI05. ALTERNATIVES: There are no alternatives, the construction of Lift Station is complete and the lift station is in operation. Therefore, this revised Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions must be authorized. " ! '\ !\ \~4 tV -k- " :~ ' "; ,,< ;~. ~ ,if /~7 ~ ' ~ i , ',' l,,-.t-.. - "----:, /.' "'~' ./""'" , Kofi Boateng, P.E. City Manager's Signature Utilities Director ~ ASSiSl~ to City Manager Utilities ~~ -' Department Name City Attorney / Finance Attachment: Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions (St. Andrews Club executed original) bc:f1peter Mazzella Chris Roschek, P.E. ,oPaul Fleming, PMP Barb Conboy Project File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R09- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING A REVISED PERPETUAL 5 ACCESS EASEMENT, MAINTENANCE AGREEMENT 6 AND DECLARATION OF RESTRICTIONS BETWEEN 7 THE CITY OF BOYNTON BEACH AND ST. ANDREWS 8 CLUB, INC., FOR THE PURPOSE OF INSTALLATION 9 OF A SANIT ARY LIFT STATION NO. 101 AND 10 ASSOCIATED IMPROVEMENTS WITHIN THE 11 PROPERTY, AND PROVIDING FOR AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, on April 15, 2008, the City Commission approved and authorized 16 acceptance of a Perpetual Access Easement, Maintenance Agreement and Declaration of 17 Restrictions between the City of Boynton beach and the S1. Andrews Club for Lift Station 18 101; and 19 WHEREAS, during construction of the lift station numerous uncharted underground 20 utilities which conflicted with the initial location and layout of the lift station were 21 discovered; and 22 WHEREAS, the City Commission upon recommendation of staff, deems it 23 appropriate to accept the Revised Perpetual Access Easement, Maintenance Agreement and 24 Declaration of Restrictions between the City of Boynton Beach and S1. Andrews Club, Inc. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does S:\CA\RESOlAgreementMccess Easement(Amended)-St Andrews -LS I Ol.doc 1 hereby accept and authorizes the Mayor and City Clerk to sign the revised Perpetual\lcess '1 Easement. Maintenance Agreement and Declaration of Restrictions from St. Andrev,~ Club. "- 3 Inc.. for the installation of sanitary sewer lift station No. 101 and associated improvements 4 within the property. 5 Section 3. That this revised Perpetual Access Easement, Maintenance Agreement 6 and Declaration of Restrictions will be recorded in the Public Records of Palm Beach County, 7 Florida. 8 Section 4. This Resolution shall become etfective immediately upon passage. 9 10 PASSED AND ADOPTED this ________ day of May. 2009. 11 12 CITY OF BOYNTON BEACH. FLORIDA 13 14 ~ ~----~~~------ -_.~._~---_.- 15 Mayor ~ Jerry Taylor 16 17 I ---_._-_.__._.~-~-----_._---~---- 18 Vice Mayor-- Woodrow L. Hay 19 20 I II "---- -- - 21 Commissioner -- Ronald Weiland y) 23 II I --~_.__._---- 24 Commissioner - Jose Rodriguez 25 , I 26 ! 0..._-_-----.-- ____ 27 Commissioner - Marlene Ross 28 29 I ATTEST: 30 i 31 "'1 I Janet M. Prainito, CMC -'''- 33 City Clerk 34 I I 35 ! i I 36 I J 37 (Corporate Seal) S \l'!I\RESO\AgreementSlAccess Easement( Amended I-St .\mjre\" -LS I () I doc This instrument prepared by: David N. Tolces, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 PERPETUAL ACCESS EASEMENT. MAINTENANCE AGREEMENT. AND DE CLARA TION OF RESTRICTIONS THIS ACCESS EASEMENT, MAINTENANCE AGREEMENT, 1, AND DECLARATION OF RESTRICTIONS made this ./J!..."day of 1f/JU.-tI , 20C)i, by and between St. Andrews Club, Inc., whose address is 4475 N. Ocean Boulevard, Delray Beach, Palm Beach County, Florida, 33483-7517, St. Andrews Fairways, Inc., whose address is 4475 N. Ocean Boulevard, Delray Beach, Palm Beach County, Florida, 33483, (collectively referred to as "GRANTOR"), and the City of Boynton Beach ("CITY"), a Florida municipal corporation, its agents, servants, employees, or contractors, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; WIT N E SSE T H: WHEREAS, the GRANTOR is the owner of that certain parcel of real property (hereinafter referred to as the "Property"), more particularly described as follows: See Legal Description Attached Hereto WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit CITY to install sanitary sewer lift station No. 101 and associated improvements within the Property in order to improve sanitary sewer utility services within the CITY; and WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit CITY to install sanitary sewer lift station No. 101 and associated improvements within the Property, as depicted on the sketch and legal description for the lift station easement, which is attached hereto as Exhibit "A", and is incorporated herein by reference, in order to improve sanitary sewer utility services within the CITY; and WHEREAS, the GRANTOR will also grant the CITY an Easement in order to permit the CITY to provide electricity to the lift station, as depicted on the sketch and legal description for the utility easement, which is attached hereto as Exhibit "B", and incorporated herein by reference; and WHEREAS, the City Commission has authorized the expenditure of funds for the CITY to install a sanitary sewer lift station upon grantor's property and associated improvements; and, WHEREAS, once installed, the sanitary sewer lift station and associated improvements will be maintained by CITY, and, if necessary, further replaced by the CITY; and, WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature within either Easement: and. WHEREAS. the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the granting of this Access Easement to the CITY, together with the right of entry into the Property for the construction and maintenance of the sanitary sewer lift station and associated improvements. and execution of this Maintenance Agreement and Declaration of Restrictions; NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and no/I 00 ($10.00) Dollars and other good and valuable considerations, the receipt. sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. The aforesaid recitals are true and correct and are incorporated herein. 2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual Easement for the installation and maintenance of sanitary sewer lift station and associated improvements on the Property legally described and as depicted on Exhibit "A" which is attached hereto and incorporated herein by reference the ("Lift Station EasemenC). 3. The GRANTOR further grants and conveys to the CITY a permanent, perpetual Easement for the installation and maintenance in order to provide for electricity service for the lift station. The twelve foot (12') wide utility easement that will be used to provide electric power to the lift station is attached hereto as Exhibit "B" and incorporated herein by reference (the "Utility Easement"). 4. The Lift Station Easement and the Utility Easement are permanent perpetual easements and they shall not be changed, altered or amended except by an instrument in writing executed by GRANTORS and CITY or their respective successors and assigns. 5. In association with the GRANTOR's grant and conveyance of the Easements. GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or agreements from any person or corporation which holds a mortgage or other property interest in the Property. GRANTORS agree to sign any applications, documents, and/or amendments to this Agreement which are required for the mortgage holder to consent to the GRANTOR's conveyance of these easements to the CITY. CITY agrees to pay any and all fees associated with obtaining any consents from any mortgage holders, or other entity with a property interest in the Property. 6. The GRANTOR further agrees to sign any applications and documents for any permits which the CITY may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the sanitary sewer lift station and associated improvements. CITY agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the sanitary sewer lift station and associated improvements. Page 2 of 6 7. GRANTOR also hereby grants and conveys to the CITY a non-exclusive perpetual Easement for ingress and egress over the Property for the purpose or purposes of installing the sanitary sewer lift station and associated improvements on the Property. The GRANTOR acknowledges that this right of ingress and egress includes any and all temporary access of adjoining portions of the Property not included within the Easements described in Paragraphs 2 and 3 above during actual construction, installation and maintenance of the sanitary sewer lift station and associated improvements by CITY. The CITY, in cooperation with the GRANTOR, shall specifically identify the portion of GRANTOR's property that the CITY may use for access during the construction period. Only one truck at a time will be permitted on the temporary access road during the construction period. Construction will take place no earlier than May 15, 2008, and shall be complete no later than July 18, 2008, unless agreed to in writing by the parties. 8. F or purposes of this Agreement, the term maintain may include, at the option of the CITY, the actual installation, maintenance, repair, replacement, and/or removal, of such parts and/or portions of said sanitary sewer lift station and associated improvements as are deemed to be necessary by the CITY, and in order to serve and promote the general safety, health and welfare of the citizenry of the CITY. 9. CITY shall ensure that all of the GRANTOR'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 use, at the CITY's own cost. This includes repair of damage to the golf course, the removal of the access road, repair and replacement of any irrigation damaged during the construction, and the replacement of any landscaping damaged or removed as part of the CITY's installation of the sanitary sewer lift station and associated improvements. The CITY shall also install a green PVC coated galvanized chain-link fence around the Improvements. 10. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of GRANTOR or CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement. The Property, and all persons claiming by, through and under t~em. 11. In the event of any litigation in connection with this Agreement, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. 12. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. Page 3 of6 Signed and Sealed the day and year first above written. WITNESSES: GRANTOR ~Q..t{L<'- IV v...)UIre'~(lwI, ST. ANDREWS CLUB, INC. Sifature ~~ ~~~.~ UJ;4N N. /tV E I5.GAJ FLt.JH Print or Type Name P~nt Name: ~Q....( F L1"'lr'Q,~ ~tJ.~ Title: _~__PI d.e. '" _. ~i ature - G€Or~;€F'I iA). ;-Iv M t: c-e- Print or Type Name (Corporate Seal) STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized bv law to administer oaths and take acknowledgments, personally appeared ~f:.L P. CD pf: 1J as p{( f.S (iJ ~NT of St. Andrews Club, Inc., who is personally known to me or has produced as identification, and acknowledged execution of the foregoing Agreement as the proper official of St. Andrews Club, Inc., for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING. 1 have set my hand and official seal at in the State and County aforesaid on this I~+h. day of' tv\<u"'c.. h.' ____.2009. :f~' Notary Public State of Florida &~4~ . . Deirdre T Ruffino NOTARY PUBLIC .. . SEAL: ~ c; ",; My Commission 00712455 ~ 0, ",0 Expires 10/0212011 My Commission Expires: {D I ~~O II Page 4 01'6 WITNESSES: GRANTOR 52?~Jr..ii 2L~1l ST.ANDREWSFAIRWAYS,INC. Li;:qWll Shool YOlD"U,t ~ u? Print or Type Na Print Name: ~u~ L()1\-1 ,..~ Title: ---;rc>~,~-.- ATTEST: Signat Print or Type Name P~nt.Name: ~ETf~ ~~A(4...:t"'OI\f TItle. ----All :tb- p. ~ 2!tr-Y) (Corporate Seal) STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared no~ l P. LOfe.-n , as 'l=>Y'"e ~ ~ d ~~ 1- of St. Andrews Fairways, Inc., ~ho is personally known to me.. or has produced as identification, and acknowledged execution of the foregoing Agreement as the proper official of St. Andrews Fairways, Inc., for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this :JD~ day of ~ 01. If ~ , 2009. ";/...' Notary Public State of Florida ~.~ . . Bethany L Auchter SEAL: ~ ." My Commission 00837868 NOT Y PUBLI Of f\l Expires 11/1212012 My Commission Expires: \ \ l I \ 2. 2D\ L Page 5 of6 CITY OF BOYNTON BEACH ATTEST: BY: Janet Prainito. City Clerk Jerry Taylor, Mayor Approved as to Form: Office of the City Attorney STATE OF FLORIDA ) ) ss COUNTY OF BROW ARD ) BEFORE ME, the undersigned, this _ day of . 2009, personally appeared Jerry Taylor, Mayor and Janet Prainito. City Clerk of the City of Boynton Beach. ( ) personally known Notary Public. State of Florida DNT:js H:\1990\900 I 82.BB\Agreements 2008\Easement Agreement (St Andrews Club Inc )( 3-13-09).doc Page 6 of6 PROPOSED LIFT STATION EASEMENT ~~:2i~~r3~~.L;Z!"~l::' ~Ju ---.--'r' .-.u..-l).... --/',-, }. :=: :c~ i. ,.. ..vi Jill . ... '=_!,I~.Jr~. :" ~~ g'II. ,.",' .'. _' ~ I , ._ ,. . , -.. . ,1 JI.m... ~, . -:!: - - ; /-:' " :,. I~-~"'. ....;'.-'" -' , .1 .,,-.., .-. 'J". PARCEL DATA:--w.........,~:i~~.:...."/~a_~' _:::II~~"-\'.. ....-... I. " "- . I · -1 \-- J . - k -I " . tI" ,r.. r ~'r . ~' 1~~ . . .. ~ " BOYNTON BEACH LIFT STATlON 101 I'r"'~~~l(! f r-II "II'S'::!!~ :~-.:.... LOCATED ON THE GROUNDS OF SAINT :~''''--~" .....~~' .,... ,I . ',- . ~ ANDREWS GOLF CULB. PALt.A BEACH '.' -. : ..-;:--....-- -. :-~U ~ " ,: t l~ ,"-- I .,. - - ." i COUNTY. flORIDA. ' . ~'~,'~;-,iJ' -=- "=' l.. . ;---1":-;; II,: BmI~ I~ "J. ' SEC 34- T45S-R43E/;:<' -=;,_/ :,' -J~'=' !"'_ . ~,\ r ~'~-', "~l it --:,:>; .-:r.~ ;::_~ J ::\', ~"':-'.~'.:>""."~ PROPOSED 28.5'X24.5' LIFT STA TION EASEHENT A LIFT STATION EASEMENT IN TIlE SOU1lIWBST ONE-QUARTER (1/4) OF SECTION 34, TOWNSHIP 4S SOU1H, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID EASEMENT LYING IN LOT 14 OF BENSON BROTImRS SUBDMSION. AS RECORDED IN PLAT BOOK S, PAGES 27 OF mE PUBUC RECORDS OF PALM BEACH COUNlY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIlE NORTHWEST CORNER. OF ST. ANDREWS FAIRWAYS CONOOMINIUM mAS RECORDED IN THE PUBUC RECORDS OF PALM BEACH COUNlY, FLORIDA IN OFFICIAL RECORD BOOK 3048 AT PAGE 730; llIENCE SOUlH 02"02'40" EAST, ALONG WEST LINES OF SAID ST. ANDREWS FAIRWAYS CONDOMINIUM m AND ALONG ST. ANDREWS FAIRWAYS CONDOMINIUM AS RECORDED IN AFORESAIDPUBLlC RECORDS IN OFFIClALRECORD BOOK 2373 AT PAGE 1817, A TOTAL DISTANCE OF 118.96 FEET TO THE POINT OF CURV ATURB OF A CURVE CONCAVE TO THE EAST HAVING A DELTA ANGLE OF 03"39'59" AND A RADIUS OF 3448.98 FEET; lHENCE CONllNUlNG SOUI'HERLY ALONG SAID WEST LINE OF ST. ANDREWS FAlRW AYS CONDOMlNUM ALONG THE ARC OF SAID CURVE, 22056 FEET; TIlENCE NORm 87"4S'22" WEST, FOR A DISTANCE OF 108.79 FEET TO THE POINT OF BEGINNING; 1HENCE RUN SOUlH 02014'38" WEST, FOR A DISTANCE OF 28.50 FEET, THENCE RUN NORm 87045'22" WEST, FOR A DISTANCE OF 24.50 FEET, THENCE RUN NORm 02014'38" BAST, FOR A DISTANCE OF 28.50 FEET, llIENCE RUN SOUlH 87"45'22" EAST, FOR A DISTANCE OF 24.50 FEET TO TIlE POINT OF BEGINNING. CONTAINING 698 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES I). THIS IS NOT A SKETCH OF SURVEy, BUT ONLY A GRAPHIC DEPICTION (JF THE DESCRIPTION SHOWN HEREIN. THERE HAS BEEN NO MONlJ'1ENTS SET IN CONNECTION WITH THE PREPARATION ON THE INFORMATION SHOWN HEREON. 2). THIS SKETCH OF LEGAl DESCRIPTION CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF ITS CREATION. FIELD AS-BUlLTS PROVIDED BY CONTRACTORS' ~YOR WERE UTIUTIZEO IN THE PREPARATION OF THIS EASEMENT WHEN UTILITIES WERE ~IED AND/OR NON-VISIBLE. 3). THIS SKETCH DOES NOT PURPORT TO IDENTIFY ENCROACHMENTS, FCUlOATIONS, UTILITIES, STRUCT~ES OR OTHER IMPROVEMENTS BELOW GRADE. IF >>N, EXCEf'T WHERE SPECIFICAlLY NOTED tEREON. 4). ALL BEARINGS, ANGLES. AND AZIMUTHS SHOWN HEREON ARE BASED ON RECORD PLAT OR DEED CAllS lH..ESS OTHERWISE NOTED. 5). THIS SKETCH IS NOT VAliD lJolLESS SIGNED AND SEAlED WITH THE EMBOSSED SEAl OF THE CERTIFYING SLRVEYOR. SURVEYORS' CERTIFICATION: I HeREBY CERTIFY THAT THIS SPECIFIC I'lA'OSE ~ WAS I'IlEPAIlED =~:e:~I=~~~~~~~~~= BATTACLlA LANDNDSURYEYOR~S. INC. N LA/C) SURVEYORS IlHD HAPl'l!RS IN CHAf"reR 6161706. 1'L000DA 610 S.E. 2 A~NUE, l 9 u... IlHD THAT IT IS TIllE IlHD C~CT T BEST OF MY K DEERFlELD BEACH, FL 33441 0 Ba.IEF. Phone (561)860-7939.Fox (561)852-3898 ~ ~ A . ~ 'T~h LAST FIELD DATE: 9-04-2008 W Sc..q( ORS ROBERT G. BATTAGLIA. P.L.S. ISSUE DATE: 9-22-2008 OJ REG. LAND lRRVEYOR LB ltSI61 PROJECT NU~BER: l08-00J y .-. .-.------------------....-.--...- . '" DESCRIPTION I \ SKETCH OF LEGAL I \ I 1 ! Il 2t 40 ! THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A ~ GRAPHIC OEPICTION OF THE DESCRIPTION SHOWN I HEREIN. THERE HAS BEEN NO MONUMENTS SET IN CONNECTION WITH THE PREPARATION ON THE Scale: I" - 40' INFORMATION SHOWN HEREON. I , 1\t-:O~C'_'_~~. L/JC6lilJ. II . W. CORNER ~, .ST. ANDREWS FAIRWAYS ORB = OFFICIAL RECORDS BOOK aQ CONDOMINIUM III. PS = PLAT BOOK ..... PG = PAGE ..... iit,' ... POB = POINT OF BEGINIIING . J! ~ POC = POINT OF COMMENCEMENT ~ ,~ ST. ANDREWS F AIRWA YS PeCR = PALM BEACH COIJ'lTY RECORDS R = RADIUS ~ i CONDOMINIUM III L = ARC LENGTH ~ ORB 3048. PC 730 L1 = DELTA Coo) Iii ~ I ~ I I I IICIIlH IN: ST. . i N waznl" Il, Z04ZJ' S B'1"J7'ZO' E .lUDl.U. BlLUUNG - i I !! I i a i I I i ti I ~ I , I ~ I R-3#8.98' ; i i .d =3039'S9w I I I L=110.S6' I ST. ANDREWS F AIRWA YS LOT 14 CONDOMINIUM BENSON BROTHERS PLAT ORB 2373. PC 1817 PB 5. PC 27 1 GOLF COURSE I R=3448.98, P.O.B. t1 =6o,u'36w BOYNTON BEACH L=405.91' LIFT STATION #101 N 8704S'22w W; J08.79' 28.50' N020U'38w E 28.50' S02OU'38wW S(lU1ll_....~r........'t5~ 14.50' S 85018'04" W N 87045'2r w \ NO. DATE DESCRIP7lON BATTAGLIA LAND SURVEYOR'S, INC. N 610 S.L 2 NO AVENUE. L-9 lL. DEER FIELD BEACH. FL 33441 0 Phone (561)860-7939.Fa. (561)852-3B96 N I- LAST FIELD DATE: W 9-04-2006 w ISSUE DATE: 9-22-2008 Vi REVISION HISTORY PROJECT NUMBER: 108-003 PROPOSED UTILITLY EASEMENT ~~;,~:n:~...::~;:' Il'~",.~-',.' ii'I'~ . . .-...-. IO-.J,._-,'_.IO -. .:_-' /./ It . "--'--'W," "-/1 ~-",' J -., . = !;I:.:J~I .. .'. .6'> J 11;\.'., .. _ 'i'-"-"l' I'; .1/ · IIJ . ;-,."!'*:::,,:',-::-,':""I'I' - '~,":'" ':t'.,' :.1' -.... ; 1.' '. I . IF--== 8'. . 1/" I . - . i . _.-.....- ~t/ I ',___Df.';. .:-:~, .' . PARCEL DATA: . .........'..-I.?:~,........:..f..~..a"\. '. ~fi~.~._~:'\. '. :,'f. '. tW'...... ',-' IJ ',d' .,., ~.:"\ . BOYNTON BEACH un STATION 101 . ~~"- .:.tlrrt~~1 !' '>~?E&t~Cj~~ lOCATED ON THE GROUNDS OF SAINT '"":-""'-:>/;. .....~J' ,I;" . "~'=~': "; . ANDREWS GOLF CUlB, PALM BEACH :' .' ;_ ."'''-: \... '~']' .:. !_.!! ',;. . , COUNTY, FLORIDA. .- u..... .'. l ... ., ~ ! '. " ......1 .,' ;"~Jt sm; - ,- "i SEC 34-T45S-R43E ':r:'!,/,' --: "'.:; ':::" ':'. ~ j~ F :'. ; '.:.;j'l -=0..=. :',.,' -.- "" :.,;' \l J.,... " PROPOSED 12' WIDE UTILITY EASEMENT A STRIP OF LAND 12 FEET IN WIDTH L YINO WlTIDN LOT 14 OF BENSON BROTHERS SUBDMSION, AS RECORDED IN PlAT BOOK 5, PAGES 27, AND ST. ANDREWS FAIRWAYS CONOOMINIUM AS RECORDED IN IN OFFIClALREOORD BOOK 2373 AT PAGE 1817, OF THEPUBUC RECORDS OF PALM BEACH COUNIY, FLORIDA; WHOSE CENTERLINE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIm NORlHWEST CORNER OF ST. ANDREWS FAIRWAYS CONOOMINIUM mAS RECORDED IN TIm PUBUC RECORDS OF PALM BEACH COUNI'Y, FLORIDA IN OFFICIAL RECORD BOOK 3048 AT PAGE 730; nmNCE RUN soum 02"02'40" WEST, ALONG THE WEST LINE OF SAID ST. ANDREWS FAIRWAYS CONDOMINIUM m AND AFOREMENTIONED ST. ANDREWS FAIRWAYS CONDOMINIUM AS RECORDED IN AFORESAID PUBUC RECORDS IN OFFICIAL RECORD BOOK 2373 AT PAGE 1817, FORA TOTAL DISTANCE OF 118.96 FEETTO'IHE POINT OF CURVATURE OF ACURVB CONCA VB TO TIm EAST HAVING A DELTA ANGLE OF 03042'24" AND A RADIUS OF 3448.98 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID WEST LINE OF ST. ANDREWS FAIRWAYS CONDOMINIUM ALONG TIm ARC OF SAID CUIlVE, 223.12 FEET; nmNCE SOUTH 88"20'16" WEST, FOR A DISTANCE OF 109.22 FEET TO THE POINT OF BEGINNING; THENCE BEGINNING SAID 12 FOOT WIDE UTllJTY EASBMBNT RUN NORm 82"13'36" EAST, FOR A DISTANCE OF 103.00 FEET; THBNCE RUN NORm 76"25'48" EAST. FOR A DISTANCE OF 34.50 FEET; THENCE RUN NORTH 87046'14" EAST, FOR A DISTANCE OF 43.50 FEET; nmNCE RUN NORTH 77"25'57" EAST, FOR A DISTANCE OF 27.00 FEET; llIENCE RUN NORTH 89"14'42" EAST, FOR A DISTANCE OF 35.50 FEET; THENCE RUN SOUTH 00"45'18" EAST, FOR A DISTANCE OF 10.00 FEET TO TIm END OF SAID CENTBR.I..INE. SUBJECT TO RESTRICl10NS, RESERV All0NS, EASEMENTS, AND/OR RlGHTS-OF-WA Y OF RECORD. SAID LANDS Sl11JATED IN PALM BEACH COUNTY, FLORIDA. SURVEYOR'S NOTES I). THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREIN. THERE HAS BEEN NO MONL.t1ENTS SET IN CONNECTION WITH THE PREPARATION ON THE INFORMATION SHOWN HEREON. 2). THIS SKETCH OF LEGAL DESCRIPTION CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF ITS CREATION. FIELD AS-BUILTS PROVIDED BY CONTRACTORS' SURVEYOR WERE UTILlTIZED IN THE PREPARATION OF THIS EASEMENT WHEN UTILITIES WERE BURIED AND/OR NON-VISIBLE. 3). THIS SKETCH ODES NOT PlR'ORT TO IDENTIFY ENCROACHMENTS. FOlH)ATIONS. UTILITIES, STRUCT~S OR OTHER IMPROVEMENTS BELOW GRADE. IF ANY, EXCEPT WHERE SPECIFICALLY NOTED HEREON. 4). ALL BEARINGS, ANGLES, AND AZIMUTHS SHOWN HEREON ARE BASED ON RECORD PLAT OR DEED CALLS l.N...ESS OTHERWISE NOTED. 5). THIS SKETCH IS NOT VALID lJIILESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF THE CERTIFYING SlRVEYOR. SURVEYORS' CERTIFICATION: I HE!lEIIY CERTIFY THAT THIS SPECIFIC PUlI'OSE SlIlVEY WAS PlB'AAED l....lElll'lY RESPONSIBLE CHARGE NlDPeETSTHE I'1INl'1l11n:CHNICAl. BATTACLIA LAND SURVEYOR'S [He ('II STANllNlDll AS SET FORTll BY THE FLORIDA BONf;> OF 1'ROFESSl0NAl. ND' . LAND SlIlVeYORS NlD MAPPERS IN CHAPTER 61GI7-6. FL<lAIIlA STAlUT'ES. 610 S.E. 2 1.VENUE. L-9 t.... NC) THAT IT IS TRUE NC) CORRECT TO T1tE BEST OF~Y KN DEERFlElO BE1.CH. Fl. 33441 0 IIB.JEF. ~ Phone (561)86o-7939,Fax (561)852-3898 := SUR~l1 A LAST FlElO DATE: 9-04-2008 ttl SE'''''i. ORS ROBERT G. BATTAGLIA, P.L. . ISSUE 01.TE: 9-22-2008 Vi REG. LAND SlRVEYOft LS #5161 PROJECT NUMBER: 108-003 - ....."'.....,,\, SKETCH OF LEGAL DESCRIPTION I i THIS IS NOT A SKETCH OF SURVEY. BUT ONLY A t GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREIN. THERE HAS BEEN NO MONUMENTS SET IN CONNECTION WITH THE PREPARATION ON THE ,-'"'-- INFORMA TION SHOWN HEREON. P.O.c. . . W. CORNER t ~ I "ST. ANDREWS FAIRWAYS oC CONDOMINIUM III" ..... ..... l.ATi.IlU2 Ii ~ · i ' ORB = OFFICiAl RECORDS BOOK ~ ~ ST. ANDREWS F AIRWAYS PB = PLAT BOOK ? i CONDOMINIUM III PG = PAGE POB = POINT OF BEGINNING c;: ORB 3048, PG 7.30 poe = POINT OF COMMENCEMENT ~ PBCR = PAlM BEACH COUNTY RECORDS ~ R = RADIUS ~ L = ARC LENGTH I t:. = DELTA ICIU1'M N B9"24'U" E, 100.1/' S87"SnO"S .ltAOlAL'EAIlING - - Q 10 ~ I ~ J! Scale: 1" = 40' I I ST. ANDREWS FAIRWAYS ~ CONDOMINIUM ~ ORB 2373. PG 1817 R=3448.98' i ,j =03042'24" L=223J2' R=3448.98' LOT 14 Lf =6044'36" L=405.92' BENSON BROTHERS PLAT ! PB 5, PG 27 GOLF COURSE \ --- _ _ - - "'S88020'J6';', J~ CENTERLINE OF PROPOSEO 12' UnuTY EASEMEN T , 1M S 8'018'04" W GOLF COURSE I j NO. OAT! DESCRIPTION BATTAGLIA LAND SURVEYOR'S, INC. t'.I 610 S.t. 2 NO AVENUE, L-9 ~ DEERflELD BEACH, Fl.. 33441 Pilon. (tl61)880-7939.~aK (581)852-3898 t'.I I- LAST FIELD DATE: 9-04-2008 t::J REV/SION HISTORY ISSUE 01\ TE: 9-22-200l! ~ PROJECT NUMBER: 108-003 VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office 0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1. 2009 (Noon) X May 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15, 2009 (Noon) 0 May 19, 2009 May 4, 2009 (Noon) 0 Julv 21. 2009 Julv 6,2009 (Noon) 0 June 2, 2009 May 18,2009 (Noon) 0 August 4, 2009 Julv 20, 2009 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM X Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TlON: Approve a Resolution ratifying the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on April 16, 2009. a. Authorize an increase in the Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2008/2009 to .2663/1,000 gallons. b. Authorize execution of an agreement with the City of Boynton for Reclaim Water. EXPLANATION: On April 16, 2009, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on the items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: n/a FISCAL IMPACT: None AL TERNA TlVES: Do not ratify the actions of South Central Regional Wastewater Treatment and Disposal Board. J/) 4&,f{~ CitY Manager's Signatiire- Assistant to City Manager ~ City Clerk Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC ! 1 RESOLUTION NO. R09- I 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH 5 CENTRAL REGIONAL W ASTEW A TER TREATMENT AND 6 DISPOSAL BOARD, ON APRIL 16, 2009, AS STATED HEREIN; 7 AUTHORIZING AND DIRECTING THE CITY MANAGER AND 8 CITY CLERK TO EXECUTE SAID AGREEMENT; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board 12 (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of 13 April 16, 2009, as set forth in the attached Exhibit "A". 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA THAT: 17 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption. 20 21 Section 2. The City Commission does hereby ratify the action taken by the South 22 Central Regional Wastewater Treatment & Disposal Board on April 16,2009, as set forth on the 23 attached Exhibit "A". 24 25 Section 3. This Resolution shall take effect immediately upon passage. 26 27 PASSED AND ADOPTED this _ day of May, 2009. 28 29 CITY OF BOYNTON BEACH, 30 FLORIDA 31 32 33 Mayor - Jerry Taylor 34 35 36 Vice Mayor - Woodrow L. Hay 37 38 39 Commissioner - Ronald Weiland 40 ATTEST: 41 42 Commissioner - Jose Rodriguez 43 44 45 Janet M. Prainito, CMC Commissioner- Marlene Ross 46 City Clerk 47 48 49 (Corporate Seal) S:ICAIRESOISCRwrOB Quarterly Meeting 4-16-09 Ratification doc RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 16, 2009 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on APRIL 16, 2009, by a vote of 8-0, Authorization to increase our Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2008/2009 to .2663/1,000 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 BoyntonBeachRatif 04-16-2009 AGEl. [EM K4 Exhibit 1 Reclaim Rate Evaluation as of Sept 30, 2008 Audited F/S (TO BE approved by Board) (per contract 3 year evalution at 09/30/2007) Oct 2002 - Sep 2003 Oct 2003 - Sep 2004 Oct 2004 - Sep 2005 Oct 2005 - Sep 2006 Oct 2006 - Sep 2007 Oct 2007 - Sep 2008 contract Per DMR: section Total Produced 1561.55 1531.29 1645.59 1544.33 1894.35 1877.99 5.3(1) O&M process use % 0.3075 0.2918 0.3193 0.2997 0.0000 0.0000 Reclaim Delivered 1081.40 1084.50 1120.20 1081.50 1894.35 1877.99 $ billed 294,587 330,063 337,468 483,138 561,531 589,572 $ expenses 311,946 325,554 369,538 409,117 464,934 539,225 Cost per thousand gal= 0.1998 0.2126 0.2246 0.2649 0.2454 0.2871 5.3(2) Formula in Section 5.2: 0.0417 -0.2454+0.2871 = 0.0417 (1/2x+4.17)= +.02085/.2454= .0850 0.0850 5.3(3) Actual operating cost of production & delivery of irrigation: $.2454 x 1.0850 = $.2663 $0.2663 5.3(4) Rate FlY 2008/2009 Atteste)l;-? /.;.;;/ / ( .-~. , 2 c' ,.;:;;d-- '-/'-/ / (!f' l_. _"'1--1"'" . Dennis L. Coates, Executive Director Date :v~)~ f-~/7 -7 Board Chairperson Date F:\FINANCE WORKSHnRedaimlralelrale 2008 RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 16, 2009 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on APRIL 16, 2009, by a vote of 8-0, Authorization to enter into an Agreement with the City of Boynton Beach for Reclaim Water. WHEREAS, said Board action requires ratification by the City of Boynton 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 BoyntonBeachRatif 04-16-2009 INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER This Agreement (the "Agreement") is made this , between the CITY OF BOYNTON BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida, located in Palm Beach County, Florida (hereinafter "BOYNTON") and the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT DISPOSAL BOARD, an entity created pursuant to Chapter 163, Florida Statutes (hereinafter "BOARD"). WITNESSETH WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment and Disposal System ("Regional Facility") which is capable of producing reclaimed water which may be used for productive and beneficial purposes and agricultural and urban irrigation in accordance with local, state and federal guidelines; and WHEREAS, the BOARD is a Special district created by an lnterlocal Agreement between BOYNTON and the City of Delray Beach, Florida for the purpose of treating wastewater produced by the customers of BOYNTON and the City of Delray Beach, as well as producing reclaimed water therefrom and distributing the same to BOYNTON and the City of Delray Beach for redistribution to their customers; and WHEREAS, the BOARD agrees to deliver reclaimed water and BOYNTON agrees to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement; and WHEREAS, local governments are encouraged to implement programs for the use of reclaimed water in the State of Florida; and Boynton Reclaim Interloeal Agr April 09 Page 1 of 11 WHEREAS, BOARD has determined to assist the citizens of the BOARD'S regional area who utilize large quantities of groundwater by making available reclaimed water as an alternative source of water supply; and WHEREAS, BOARD operates a reclaimed water program approved by the Department of Environmental Protection. NOW, THEREFORE, based upon the foregoing, the parties agree to the following terms and conditions: 1. TERM OF AGREEMENT, COSTS AND METERING BOARD shall deliver and BOYNTON shall accept and use reclaimed water to fulfill its irrigation needs, produced by BOARD at the South Central Regional Wastewater Reclamation Plant unless the flow is unavailable. Such water shall be delivered to the location hereinafter "delivery point", as described in Exhibit A. It is intended that the delivery point be located at the point where the existing reclaimed water pipeline owned and operated by BOYNTON intersects with the northern property boundary line of the real property on which the South Central Regional Wastewater Reclamation Plant is located (such real property owned jointly by BOYNTON and the City of Delray Beach). BOARD shall perform its obligations of delivery of reclaimed water and BOYNTON shall perform its obligation of acceptance of such water as herein provided. (a) The term of this Agreement shall commence as of the date of this Agreement and shall expire April 22, 2011. (b) The BOARD will make available to BOYNTON up to 1.31 million gallons per day of reclaimed water produced by the Regional Facility for the purpose of serving BOYNTON and BOYNTON's customers. Boynton Reclaim Interlocal Agr April 09 Page 2 of II (c) BOYNTON will pay to the BOARD a monthly consumption charge which will be adjusted annually effective October 1 of each year commencing October 1, 2009 based upon the rate set by the BOARD. The current rate set by the BOARD is $.16 per thousand gallons. BOARD and BOYNTON agree that the BOARD shall determine the consumption of BOYNTON as follows: the BOARD has a master meter for the Boynton service area and the BOARD will determine BOYNTON's consumption by taking the montWy amount registered on this meter and deducting from it, the monthly amount registered at the meters of the Golf Courses and the remaining amount shall be BOYNTON'S consumption for which BOYNTON will be charged. To the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the cost of producing same, BOYNTON agrees to pay to the BOARD fifty percent (50%) of such deficit. (d) BOYNTON acknowledges that the BOARD has other large users of reclaimed water, which currently have contracts with the BOARD. The BOARD will supply its reclaimed water customers based upon their contract priority and their beneficial use of water should a shortfall of supply occur. 2. USE OF RECLAIMED WATER RESPONSIBILITY FOR IRRIGA nONS SYSTEM (a) BOYNTON shall use reclaimed water delivered by the BOARD for irrigation or for other non-potable purposes in any manner determined by BOYNTON, except that use, application, and discharge of reclaimed water shall comply with local, state, and federal regulations. (b) BOYNTON shall be solely responsible for the operation and maintenance of all portions of the distribution and irrigation system located within the subject property boundaries specified in Exhibit A attached hereto except for the irrigation systems located within the Boynton Reclaim Inter/oca/ Agr April 09 Page 3 of 1 I properties served by the BOARD under its contracts with The Country Club of Florida, Hunters Run Golf & Racquet Club, Quail Ridge Country Club, Inc., Delray Dunes Golf and Country Club, and Pine Tree Golf Club (collectively "Golf Courses"). (c) The BOARD shall continue to serve and be responsible for metering reclaimed water to the Golf Courses, until such time as the agreements with the Golf Courses are cancelled or expIre, 3, WATER QUALITY The BOARD agrees that reclaimed water delivered under this Agreement shall meet or exceed the requirements of Chapter 62-610, Part III, Florida Administrative Code and the Standards set forth in Exhibit "B", 4. VOLUME OF DELIVERY The normal operating pressure range for the reclaimed water system is between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a minimum of 60 psi at point of delivery. Should BOYNTON wish to alter the reclaimed water operating delivery pressure, it shall be BOYNTON'S sole responsibility to do so at the meter to its customers' servIce. Reclaimed water shall be delivered by the BOARD to only one delivery point. BOYNTON hereby provides an easement to the BOARD to enter on BOYNTON'S property for the purposes of access to monitoring wells, if applicable for inspection, and to determine compliance of the use of reclaimed water of the distribution system. The BOARD will, at its expense operate and maintain the transmission lines (located on the site of the South Central . Regional Wastewater Reclamation Plant) to delivery point. BOYNTON shall not request more reclaimed water than can be beneficially used by BOYNTON. Boynton Reclaim Interlocal Agr April 09 Page 4 of 11 5. DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS Unforeseen circumstances may necessitate modifications of normal delivery of reclaimed water. If the BOARD's system or BOYNTON'S transmission or distribution system fails for reasons or events beyond either party's control; then delivery of reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD and BOYNTON shall make all reasonable efforts to make prompt repairs to their respective system. Each party shall be obligated to the other to provide immediate oral notice followed by prompt written notice (facsimile shall be deemed sufficient notice) of such failures so that alternate systems may be put into operation as soon as possible. Nothing in this Agreement shall require the interconnection of the South Central Regional Wastewater Reclamation Plant to provide additional flow to BOYNTON. 6, TEMPORARY SUSPENSION OF DELIVERY The BOARD may suspend delivery of reclaimed water should the quality of the reclaimed water exceed any of the parameters for water quality shown on Exhibit "B". Nothing in this Agreement shall prevent BOYNTON from keeping a permitted backup supply to replace this reclaimed water should it become unavailable for whatever reason. 7. OPERA nON AND MAINTENANCE PRACTICES BOYNTON will apply reclaimed water in accordance with all appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to those areas permissible by the Department of Environmental Protection and identified in Exhibit A of this Agreement. Reclaimed water irrigation systems shall protect human health and the environment; which includes but is not limited to the following: Boynton Reclaim Interlocal Agr April 09 Page 5 of I I (a) BOYNTON shall install Reclaimed Water advisory signs as appropriate. The signs shall be installed and properly maintained by BOYNTON around sites utilizing reclaimed water to designate the nature of the water and its non-potability, In compliance with applicable rules and the following items: Property access points Along road frontage Along adjoining residential usage For (Spanish) speaking employees - use signs in Spanish For golf courses - sign at first and tenth tee (b) BOYNTON will take reasonable precautions to clearly identify reclaimed water irrigation systems to prevent inadvertent human consumption. (c) BOYNTON shall ensure that no cross-connections are made between the reclaimed water system and other water systems, which includes the installation of backflow prevention devices on the potable water system; and on existing wells that are to remain connected for either potable water usage or for irrigation system purposes. The installation of backflow devices shall adhere to BOYNTON'S codes and regulations, as amended. BOYNTON shall be responsible for ensuring the installation of the required backflow preventing devices. (d) BOYNTON shall take reasonable precautions to inform its employees, agents residents, and invitees of the reclaimed water system, to prevent its inadvertent human consumption. In addition, if applicable, BOYNTON shall inform all existing residents and new residents regarding the proper use of reclaimed water. (e) All costs for operating and maintaining BOYNTON'S irrigation distribution system shall be paid by BOYNTON. Boynton Reclaim Interlocal Agr April 09 Page 6 of II 8. MONITORING (a) BOYNTON shall give its approval to the BOARD to conduct soil borings and locate monitoring wells, as applicable, on the property areas agreeable to BOYNTON so as not to interfere with BOYNTON'S operations. These monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its option. The BOARD shall be responsible for all permits to install monitoring wells and be responsible for abandonment of the well should it no longer be necessary for monitoring. 9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS If for any reason during the term of this Agreement, governmental agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission, and distribution systems or the application and use of reclaimed water by BOYNTON, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from performance thereof and this Agreement shall be amended by the parties hereto in conformity with such permits, approvals, or requirements. If continued performance of the Agreement is not possible, the Agreement shall be terminated. 10. TERMINATION OF AGREEMENT Either party shall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. 11. DISCLAIMER OR REPRESENT A TION AND WARRANTIES The BOARD does not represent or warrant that the reclaimed water delivered shall increase the productivity of the land described in Exhibit "A" or result in changes of any kind to the land, crops or vegetation. Boynton Reclaim Interlocal Agr April 09 Page 7 of 11 12. NOTICES All notices required or authorized under this Agreement shall be given in writing and shall be delivered by U.S. mail, overnight courier or by hand delivery to the party or parties, addressed as follows: If to the CITY: City of Boynton Beach Attention: Utilities Director 100 E, Boynton Beach Boulevard Boynton Beach, FL 33425-0310 with a copy to: City of Boynton Beach Attention: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 and a copy to: City Attorneys' Office c/o Jim Cherof 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, FL 33308 If to the BOARD: South Central Regional Wastewater Treatment and Disposal Board Attention: Executive Director 1801 North Congress Avenue Delray Beach, FL 33445 (561) 272-7061 (telephone) (561 265-2375 (facsimile) with a copy to: Roger G. Saberson Roger G, Saberson, P.A. 70 Southeast 4th Avenue Delray Beach, FL 33483-4514 Boynton Reclaim Interlocal Agr April 09 Page 8 of J I 13. INSPECTION The BOARD shall have the right, when reasonably necessary, to allow BOARD employees or agents to enter upon the subject property to inspect BOYNTON'S operating practices, to inspect meters, irrigation equipment, monitoring wells, potential cross connections, flowage, and the like, as they relate to this Agreement. 14. HOLD HARMLESS. To the extent permitted by law, BOYNTON shall hold the BOARD, its agents, employees, assigns, contractors or subcontractors harmless for any damage caused by the BOARD's inability to deliver reclaim water to the delivery point or for damage which occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined in paragraph 3. 15. DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue to, by reason hereof, the benefit of any third party not a party hereto. 16. SEVERABILITY If any part of this Agreement or any application thereof to any person or circumstance is declared invalid for any reason, then such part, section, subsection, or other portion or the prescribed application thereof, shall be severable and the remaining provisions of this Agreement, and all applications thereof not having been declared invalid, shall remain in effect. 17. APPLICABLE LA W This Agreement shall be construed according to the laws of Florida and any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for Palm Beach County. Boynton Reclaim Inter/ocal Agr April 09 Page 9 of 11 18. EXHIBITS AND ADDENDUM This Agreement incorporates the following exhibits and addendum which are specifically made a part hereof. Exhibit "A"- Legal Description of Property and Map of the Property Exhibit "B"- Reclaimed Water Quality Parameters THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the parties and has been entered into voluntarily and with independent advice and legal counsel and has been executed by the authorized representative of each party on the date written below Modifications to and waivers of the provisions herein shall be made only in writing by the parties hereto. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Boynton Reclaim lnterlocal Agr April 09 Page 10 of 11 SIGNED AND SEALED this ~ day of &fJ ~ ,2009. /U . SOUTH CENTRAL REGIONAL W ASTEW A TER TREATMENT AND DISPOSAL BOARD By: ~) ~~~ ~~( Printed Name: Woodrow L. Hay Title: Chairman ATTEST: By: 0761- Printed Name: Dennis L. Coates Title: Executive Director Approved as to legal form and sufficiency: ~/f'ljJ~ Roger Sabers6n --.. CITY OF BOYNTON BEACH By: Printed Name: Title: ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney's Office Boynton Reclaim Interlocal Agr April 09 Page 11 of 11 r : "'_"~o.oo~:'~';.:'<':~':""::"" :''';- ":'''"" o:'~: ':~~ "A" ~, . ,.,'~MliI I " '__'~.'~.iEi!\ Iii I r1liC?%..i "', c". I.~ ,...:........lJI.1.. n ~.~:...J.~...lb.~. lijii:==1." II,... .-~[ \~!\ f,J,m+~'I.E~,:-;, == ~~" .;j\;I,c'lil'l~}"J I -J,_",III ...L'JJ.....-.~'''.. , '." "" _,,-.m,. 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('"_I MILE) I11III "AlE .~. .... _." .. " -"t,;.,," ........... _.:R..ln.._DtaJS.lJi,ac._n CANA( " ,~.x.H l,!:Sfl "B" Board s~lI monitor the reclaimed water for We: following parameters and agrees to divert reclaimed water which exceeds thc specified limits. I Parameter i Sampling Frequency Urn itCll Turbidit)' Continuous 2 NTU Chlorine Residual Continuous 1 (minimum) Chloride Continuous 350 ~ CBOO(2) Daily 20 TSSC31 Daily 5 pH Hourly 6 to 7.5 units(S) 7.8 units(61 Aluminum Annual 1.0 ~enic Annual 0.l0 Beryllium Annual 0.10 Boron Annual 0.50 , Cadmium Annual 0.01 Chromium Annual 0.1 Cobalt Annual 0.05 Copper Annual 0.2 Fluoride Annual 1.0 Iron Annual 5.0 Uad Annual 5.0 Lithium ; Annual 1.5 Manganese Annual 0.2 Molybdcnium Annual 0.005 .- - Nickel Annual 0.02 . Selenium AMuaI 0.02 Vanadium I Annual 0.10 . Zinc I Annual 2.0 Bicarbonate (as CaCO:;) Annual 110 Calcium Annual (4) Magnesium Annual (4) Sodium Annual (4) Sodium Adsorntion Ratio Annual 6 units '(1) . Maximum concentration cxpn;ssed 1n mgIL unless noted. (2) Carbonaceous Biochemical o,.'ygcnDemand (CBOD). 0.) Total Suspended Solids (TSS). HI lnfonnation used in calculation of Sodium Adsof13tion Ratio (SAR). (5) Dail\' avcral!c' . (6) 2-Hour durition ~ .....:"~'J.(\D:HIBIl.D VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D. AGENDA ITEM REQUEST FORl\. Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetin~ Turned in to City Clerk's Commission Meetin~ Dates Turned in to City Clerk's Dates Office Office 0 A ri121, 2009 0 June 16,2009 [gI 5,2009 o Ju1 0 Ma 19,2009 0 Jul Jul 0 June 2,2009 0 Au Ju1 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility Fund) for the Six Months Ended March 31, 2009. EXPLANATION: The Financial Services Department is providing the availability of this monthly report after the 12m working day of each month. The attached report provides brief comments on actual revenues realized and expenditures incurred to date as compared to the annual budgeted amounts for the General Fund and the Utility Fund. PROGRAM IMP ACT: This report is one of the fmancial reporting programs of the Department for the purpose of providing interim financial information to the City Commission and City Management. FISCAL IMPACT: The fiscal impact of the actual financial results to date is noted in the attached report. AL TERNA TIVES: Discuss the report and / or respond to questions at the City Commission meeting. 'eRM) d.J'Jt. ~ Department Head's Signature City Manager's Signature Financial Services Assistant to Otl' Manage< ~ ~ /~~ Department Name City Attorney / Finance E:\Financial Reports\Month1y Financial Reports\Agenda Item Request - GF & UF Budget Status - 6 Months Mar 31, 2009.doc CITY OF BOYNTON BEACH FINANCIAL SERVICES DEPARTMENT MEMORANDUM TO: Kurt Bressner, City Manager ~ FROM: Barry Atwood, Finance Director Tim Howard, Deputy Finance Director Anthony Davidson, Budget Manager Sue Moroney, Revenue Manager DATE: April 17, 2009 SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund) Six Months Ended March 31, 2009 We are providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for the six months ended March 31, 2009 (50% of the year) compared to the annual budget of each fund. GENERAL FUND FY 2009 revenues to date exceed expenditures by $8.4 million. However, that compares negatively to FY 2008 by $3.8 million to date when revenues exceeded expenditures by $12.2 million as noted in the following summary. FY 2009 Actual FY 2008 Actual to Date to Date Amount % Amount % Revenues & Transfers $ 44,039 60% $ 45,387 66% Expenditures - $(35,638) 48% $(33,123) 48% Excess (Deficit) (5,047) - $ 8,401 $ 12,264 Revenues & Transfers (Exhibit A) - We note certain revenues are still running behind the same period last year. To date in FY 2009, General Fund revenues and transfers realized were $44.0 million (60%) of the original $73.9 million annual estimate. However, at the same point in FY 2008, realized revenues of $45.3 million were 66% of the $68.4 million annual estimate. As a result, staff analyzed and projected annual estimates for all revenue sources. . Exhibit A reports property tax collections of $29,9 million to date this year are 86% of the annual budget. This continues to run 1 % under the 87% collected to date in FY 2008. While the 1 % difference represents an approximate $350,000 shortfall. While we have not reduced our estimate for the year at this point, we will monitor collections as we enter the delinquent tax period in April. . Based on that review of all other revenues for the first 6 months, we project a revenue shortfall of approximately $5.0 million for the current fiscal year. Major revenue variances to date resulting in the projected $5 million revenue deficit are building permits down $3 million and State shared revenue down $0.5 million. Exhibit A displays the details of the projected difference for each revenue source. . Franchise Fees appear to display a significant percentage drop when compared to the prior year, realizing 30% year-to-date this year compared to 48% in FY 2008. However, there is a two-month lag in receiving franchise fees. For instanc.e, in FY 2008 the receipts recorded in October and November ($955 thousand) were actually revenues of August and September and accrued in FY 2007. If this amount had been recorded on a cash basis (vs. accrual) in the current year consistent with FY 2008, we would have reported $2,502,903 (49%) of budgeted revenue received to date. We are monitoring and comparing Franchise Fees on a comparable month and they appear on track. Page 1 of 2 Pages Expenditures (Exhibit B) - General Fund expenditures for the period were $35.6 million (48%) of the $73.9 million annual expenditure appropriation. This represents an increase of $2.5 million compared to FY 2008. However, the percent of expended budget is equivalent at 48% for FY 2009 compared to the same 48% expended in FY 2008. . Exhibit B provides details of expenditures to date of each department. Of the larger departments: 0 Police Deoartment is tracking at 50% ($12.2 million) of its annual $24.4 million budget. At this point in FY 2008, Police had expended 55% ($11.6 million) of its budget. 0 Fire Deoartment is consistent in both years having expended 51% of its budget at this point. You will note the large increase in both the budget and the expenditures to date since the operating expenditures of what was included in the Fire Assessment Fund in FY 2008, are now included in the General Fund. 0 Buildina & Develooment has reduced its expenditure rate to date to offset some the permit revenue shortfalls. 0 Public Works spending is level with last year even though their budget is increased in FY 2009. 0 Leisure Services (Library, Recreation and Parks) are all on track with last year's spending and percent of their annual budget spent to date. . In addition, the graph on the lower half of Exhibit B notes that expenditures to date are tracking the same spending pattern as FY 2008. They appear to be on course to come in slightly under the FY 2009 straight line budget ending up at $73.9 million for the year in September. UTILITY FUND To date, Utility Fund revenues and fund balance appropriation exceeded expenditures by $2.4 million in FY 2009 compared to a $926,000 surplus for FY 2008. While this notes a positive swing of $1.5 million as noted in the following summary it includes a $2.4 million fund balance appropriation as part of the funding source. Annual Bud et Revenues & Fund Balance $ 33,312 Expenditures $ (33,312) Excess (Deficit) $ FY 2009 Revenues & Fund Balances above in the Annual Budget column includes a $4.887 million appropriation of fund balance as a funding source in order to balance the budget for the full year. Revenues (Exhibit C) - The $17.2 million in FY 2009 revenues and fund balance appropriation exceed the $13.5 million to date in FY 2008 by $3.6 million because of the $2.4 million fund appropriation and the rate increase effective at the beginning of this fiscal year making up the difference. It appears that the reduced water and sewage revenues estimated for FY 2009 is reasonable at this 50% of the way through the fiscal year as follows: . Water Sales - $5,8 million = 48% of the annual estimate with the heavier usage coming in the months ahead. . Sewer Service - $7.0 million = 51% of the annual estimate . Stormwater - $1.6 million = 50% of the annual estimate The May 1 water and sewer rate increases should begin to offset the projected $4.887 million budgeted deficit. Expenditures (Exhibit D) - Utility Fund expenditures to date were $14.7 million or 42% of the annual appropriation, While FY 2008 only reported $12.6 million in expenditures, debt service accruals of $2.2 million were not reflected in FY 2008. Otherwise, individual expenditure categories reasonably tracked and compare favorably to FY 2008. Page 2 of 2 Pages EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERALFUHDANALYS~ STATEMENT Of REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2009 (50% of Fiscal Year) REVENUES FY 2009 ANNUAL BUDGET FY 2009 TO DATE FY 2008 FY 2008 TO DATE ACCOUNTS ReveNUE % BUDGET % DIFFERENCE PROJECTED APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES - $35,013,460 $35,013,460 $29,961,950 86% $38,151,700 $33,157,725 87% LESS TIF TAXES TO CRA - 15.243 820) (5.243.820) (5.243,820) 100",4 (6.129.284) (6.129,284) 100% NET TAXES TO THE CITY - 29,769,640 29,769,640 24,718,130 83% 32,022,416 27,028,441 84% LICENSES AND PERMITS FRANCHISE FEES (221,000) 4,900,000 5,121,000 1,547,469 300.4 5,188,400 2,490,558 48% BUSINESS TAXES (56,000) 1,335,000 1,391,000 1,326,975 95% 1,385,000 1,337,450 97% BUILDING PERMITS (3,015,000) 935,000 3,950,000 455,584 12% 5,244,930 3,247,276 62% PUBLIC SERVICE TAXES - - - - 0% 3,822,490 1,519,504 40% OTHR LICENSES, FEES & PER (28,000) 168,000 196,000 134,902 69% 223,700 144,422 65% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE (185,000) 25,000 210,000 6,205 3% 2,500 27,025 1081% STATE SHARED REVENUES (505,000) 6,152,000 6,657,000 2,798,893 42% 7,747,000 3,113,434 40% SHRD REV FROM OTHR LCL (15,000) 490,000 505,000 115,305 23% 942,000 123,819 13% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 7,000 93,000 86,000 92,768 108% 87,200 82,552 95% CHRGS-GENERAL GOVT (39,406) 251,000 290,406 144,989 5O"k 406,750 177,343 44% PUBLIC SAFETY (386,925) 3,850,000 4,236,925 2,482,931 59".4 3,482,600 2,204,628 63% PHYSICAL ENVIRONMENT 2,000 7,000 5,000 8,096 162% - 2,878 0% CUL nJRElRECREATION (7,000) 305,000 312,000 150,452 48% 266,800 158,669 59% INTEREST & Mise REVENUE VIOLATIONS LOCAL ORD. (8,000) 95,000 103,000 73,068 71% 280,000 49,520 18% INTEREST EARNINGS (295,000) 805,000 1,100,000 16,306 1% 1,519,525 685,116 45% RENTS AND ROYALTIES (34,000) 200,000 234,000 76,533 33% 209,500 78,610 38% SALE OF SURPLUS MATERIAL - 3,000 3,000 25,463 849% 7,500 1,628 22% OTHER MISC. REVENUE (261,000) 116,000 377,000 157,361 42% 216,900 221,271 102% INTERNAl FUND TRANSFERS TRANSFERS - 14,786,665 14,786,665 7,393,342 50% 5,38&,800 2,693,400 50% FUND BALANCE APPROPRIATED - 4 630 000 4630 000 2,315,000 50% - - 0% Total Revenues $ (5,047,331) $ 68,916,305 $ 73,963,636 $44,039,772 60% $ 68,442,011 $ 45,387,544 66% -~------ --_.~- ------l $80,000 Two Year Cumulative Revenue I Comparison and CFY Budget - ($ In thousands) $70,000 568.916 $60.000 I $50,000 I I $40.000 $30,000 $20,000 $10,000 ,400 $0 Oct No" Dee Jan Feb Mar Apr May Jun Jul Aug Sep L ~Cumulative 08 Actual ~Cumulative 09 Actual -- Projected 09 Budg~ -,_. -- S:\Finance\Financial Repons\Monthly Financial ReponslBudget _ - OF - Ibm Mar 09 Summarizedool R."""ue Summary Revised 4121/2009 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES. COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2009 (50% of Fiscal Year) EXPENDITURES t'YZUW FY 2009 TO DATE I"Y",UUIl FY 2008 0 DATI: ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT. CITY COMMISSION $ 423,814 $ 207,934 49% $ 474,152 $ 168,489 3&% CITY MANAGER 639,605 286,392 46% 611,335 279,041 48% CITY HALUGEN. ADMIN. 1,917,260 797,756 42% 4,217.483 977,26S 23% PUBLIC AFFAIRS 182,064 68,350 38% 185,891 80,688 43% CITY CLERK 577,749 m,686 40% 557,755 241,460 44% CITY ATTORNEY 480,375 208,332 43% 444,046 218,783 49% FINANCIAL SERVICES 1,247,864 593,502 48% 1,176,149 569,946 48% ITS 1,866,388 908,330 49% 1,763,228 953,852 54% GEOGRAPHICAL INFO SYSTEMS 430,164 181,591 42% 411,207 221,597 54% HUMAN RESOURCES 1,027,136 443,290 43% 916,809 392,101 43% ORGANIZATIONAL DEVELOP 198,891 62,363 31% 179,790 79,189 44% PUBLIC SAFETY COMMUNICATIONS 2,384,971 1,028,393 43% 2,341,Q86 980,431 42% POLICE 24.354,401 12,283,608 50% 21,360,400 11,643,473 56% CODE COMPLIANCE 1,261,445 551,761 44% 1,024,201 520,449 51% FIRE 18,713,899 9,513,879 51% 14,802,509 7,562,192 51% EMERGENCY MANAGEMENT 116,300 42,093 36% 149,697 35,626 24% ANIMAL CONTROL 201.023 85,212 42% 185,049 84,840 48% BUILDING & DEVELOPMENT DEVELOPMENT 412,826 210,348 51% 387,954 201,970 52% BUILDING 2,388,088 955,931 40% 2,432,725 1,128,663 48% ENGINEERING 937,154 442,571 47% 919,102 423,128 48% PLANNING & ZONING 991,450 4$4,650 47% 1,039,390 501,587 48% BUSINESS TAX 297,936 140,191 41"~ 288,726 134,837 47% PUBLIC WORKS PUBUC WORKS 296,412 156,555 53% 294,524 148,698 50% FACIUTIES MANAGEMENT 2,009,496 827,707 41% 1,792,068 879,153 49% STREETS MAINTENANCE 1,175,281 449,957 38% 1,064,949 412,257 39% LEISURE SERVICES LIBRARY 2,600,620 1,134,994 44% 2,490,441 1,097,683 44% RECREATION 2,771,735 1,294,415 47% 2,795,725 1,203,423 43% FORESTRY & GROUNDS 1,824,643 687,844 38% 1,862,982 735,510 39% PARKS MAINTENANCE 2,324,939 1,168,902 50% 2,272,639 1,043,592 48% CRA REIMBURSABLE & RESERVES (70,299) 211,628 0% - 191,454 0% Total Expenditures $ 73.963 636 $ 35,638,071 48% $ 68 442 011 $33,123,386 48% -~--_._~ ------ $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 -------.-~ ----,-----~-----r~~~ I "" N~ 0., ,~ Fob M~ "" "'" "'" '" "'" Sq> __ J I ""'*'"Cumulative 08 Actual .....Cum~lative 09 Actual- -- BUdg~ ------ '-- -~._----------,.._~.- - -- - ------~---- --~----- S:IFinanceIFinancial Reports\MonJhIy Financial ReportsIBudget Review - GF - thru Mar 09 SununarizedOOJ Expenditure SUDlIlllUY Revised 4/2112009 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2009 (50% of F'lScal Year) REVENUES FY ZOO8 rT _ IV DATE FT ZUUlI FY 2008 TO DATe- ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REAliZED APPROVED REALIZED REALIZED WATER SALES $12,100,000 $ 5,856,113 48% $13,853,000 $ 4,930,150 36% WATER CONNECTION FEE 80,000 8,830 11% 206,000 84,625 41% WATER SERVICE CHARGE 200,000 130,695 65% 200,000 105,085 53% WTR-BACKFLOW PREVNTR TEST - 19,840 - - SEWER SERVICE 13,825,000 7,017,533 51% 14,251,907 6,410,540 45% STORMWATER UTILITY FEE 3,315,000 1,656,619 50"'{' 3,495,800 1,652,369 47% TELEVISE SEWER LINES 10,000 - 0% 30,000 3,341 11% FEES 50,000 - 0% 50,000 31,351 63% GAIN LOSS ON INVEST 841,000 69,704 8% 1,105,000 283,250 26% OCEAN RGE UT TAX ADM CHG 500 217 43% - 189 00/0 BAD DEBT RECOVERIES 3,000 80S 27O,{, 10,000 1,270 13% MISCELLANEOUS INCOME 30,000 S,945 30% 10,000 23,667 237% TRANSFER FROM 101,000 50,500 50% 101,108 50,554 50% APPROPRIATED 4887.153 2,443,5n 50"'{' - . TOTAL REVENUES 535 442.653 $17,263,381 49% $33,312,815 $13,576,391 41% - ~-,--~---- ~~.~~ ----------,---- -,~-~ $40,000 . Two Year Cumulative Revenues Comparison and CFY Budget - ($ /'""' in thousands) $30,000 7163 $20,000 $10,000 i $0 ~ -,--------- --,---- -.----. I Oct Nov Dee lan Feb Mar Apr May Jun Jul Aug Sep L I """'Cumulative 08 Actual n+Cumulative 09 Actu~ B;dg~t2009l ---- --" -- ----~._._-_.- -~.~---- - S:\FinancelFinancial ReportslMonthly Financial Repor1sIBudget Review - UF - thru Mar 09 Summarized401 Rev Sum EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL rlSC8l Year Period Ended March 31, 2009 (50% of Fiscal Year) EXPENDITURES FYZ008 FY 2009 TO DATE FY 2U08 t'T.iMRI IU DATE ACCOUNTS. BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,687,111 $ 730.508 43% $ 1,472,215 $ 830,337 56% PUBUC WATER TREATMENT 6.472,154 3,094,760 46% 6,118,042 2,850,269 47% METER READING & SERVICES 1,209,620 441,255 36% 1,210,417 478,620 40% WASTEWATER COLLECTION 1,794,768 800,370 46% 1,749,751 740,523 42% WASTEWATER PUMPING STATNS 2,574,901 1,135,979 44% 2,687,611 1,157,641 45% SEWAGE TREATMENT 4,505,000 1,362,2.84 30% 3,775,800 1,424,571 38% WATER QUALITY 578,888 272,053 47% 523,507 262,095 50% UTILtTY CONSTRUCTION - . . 1,221 UTlUTY ADMINISTRATION 2,011,468 842,184 42% 1,950.265 876,289 46% GENERAL ADMINISTRATION 5,728.886 2,480,782 43% 5,694,300 2,493,739 44% UTlLlTES ENGINEERING 1,274,598 68&,479 46% 1,199,267 578,509 48% STORMWATER MAINTENANCE 899,486 266,606 30% 931,447 367,069 39% CUSTOMER RELATIONS 1,202,174 562,122 47% 1,217,468 685,339 48% DEBT SERVICE 6,304,666 2,216,330 42% 4.882,725 2,060 0% RESERVES (965) - 0% . - 0% Total Expenditures $ 35,442,653 $14,779,711 42% $33,312,815 $12,848,282 38% r~.;( --_.~. I I Two Year Cumulative Expenditures Comparison and CFY Budget - ($ in thousands) $30,000 I $20,000 $10,000 I $1, $0 Oct Nav Dee Ian Feb Mar Apr May lun lul Aug Sep L ~Cumulative 08 Actual ~CumQlative 09 Actual - Budget 2009 J - ~-- ~----- S:\Finance\Financial ReportslMonthly Financial ReportslBudget Review - UF - thru Mar O\l Summarized401 Exp Sum VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E.. AGENDA ITEM REQUEST FORlVI Requested City Date final Form Must be Requested City Date Final form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Offi ce 0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon) [8J May 5, 2009 April 20, 2009 (Noon) 0 Julv 7, 2009 June J 5, 2009 (Noon) 0 May J 9, 2009 May 4, 2009 (Noon) 0 July 21. 2009 July 6, 2009 (Noon) 0 June 2, 2009 May 18,2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: The City Commission requested a monthly report on the major projects being completed by the Recreation and Parks Department. EXPLANATION: The following is the status of the Department's major CIP projects. PARK BUDGET AMOUNT ST A TUS Barton Greenway $116,070 The IBI Group is working on 60%construction plans to be completed Ma 09, 100% funded b FDOT, No Ci funds re uired, Boat Club $417,500 Miller Legg, Inc, is finalizing the design by responding to comments from Permitting, Request for bid for contractors to follow with target date ofMa 09, Congress A venue $2,900,000 The request for approval of the contract with Ocean Gate Contractors, Jnc, for construction of the ark will be on the Ma 5 a enda, Hester Park $50,000 Waiting on Scope of Services from landscape architectural firm for Landscaping design and construction drawings. Target to go to Commission with contract is Ma 09. Jaycee Park $400,000 Permitting for the boardwalk is in SWFMD, ERM and Corps of Boardwalk En ineers, Ex ect ermits to be a royed b Ma 09. MeadowslNautica $600,000 20 proposals for the design and development of construction drawings were received, Glatting Jackson scored the highest points, Target date for a roval to ne otiate with them is Ma 5. Oceanfront Boardwalk $2,400,000 Permitting being approyed by ERM and DEP. Once approved (target May 09), will present to the Town of Ocean Ridge City Council for their a roval in June 09. Tar et date for construction is Au ust 09, Palmetto Green'Nay $400,000 The IBI Group is working on 60% construction plans to be completed Extension Ma 09, 100% funded b FDOT. No Ci funds re uired. Play Equipment $115,000 Play equipment for Oceanfront, Boat Club and Palmetto Green Parks Re lacement has been installed, Pro'ects are com Jete, Pence Park $100,000 Conversion of the softball field to a multipurpose field has begun, Renovation Tar et com letion date is June 09. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC ( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Monthly update of major Recreation and Parks erp program. FISCAL IMPACT: N/A ALTERNATIVES: N/A ) /) J{ ....-'- ~ i ~ ~ ," ,L".(., D City Manager's Signature Assistant to City Manager ~ Recreation and Parks ~~~---~-- ._..-.~----_._. Department Name City Attorney,' Finance S \HULLETlN\FORMS\AGFNDA ITEM REQUEST FORM DOC IX, - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office o A ri121, 2009 o June 16,2009 ~ 5,2009 0 0 19,2009 0 o June 2, 2009 0 st 4, 2009 0 AnnouncementslPresentations ~ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Lel!al Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Review the list of Capital Improvement Project that we can defer to future years or delete. Provide guidance to City staff so that capital planning and funding can proceed for the FY 2009/10 Operating Budget and Five Year Capital Improvement Plan (CIP). EXPLANATION: The Capital Improvement Plan in the City consists of a variety of projects related to general government, parks, transportation, and utilities. This Agenda Item does not address utilities, There are several funding sources for small to medium pay-as-you-go projects consisting primarily of Public Service Taxes, Parks and Recreation Impact Fees, Local Option Gas Tax, Interest Income, and Grants. Bond proceeds are usually the funding source for large projects such as the Police Headquarters Building and parking garage estimated at a total cost of $28 million, Public Service Taxes secure the bond debt service (principal and interest) to repay the bonds through the City's Debt Service Fund. In order to make those debt service payments close to $2.8 million annually, we will need to divert that amount of Public Service Taxes from the General Fund. Presently, that $2.8 million is not included in the FY 2009/10 General Fund budQet Droiections. City staff reviewed the list of capital project expenditures budgeted and planned for the three years noted below. The complete Capital Improvement Fund (Excluding Utilities) is provided in the attached Exhibit. Funding Sources: FY 2007/08 FY 2008109 FY 2009/10 Beginning Fund Balance $ 26,285,501 $ 9,907,399 $ 6,170,099 Revenues & Other Sources $ 7,548,447 $ 9,829,000 $ 21,325,605 Total Estimated Funding $ 33,833,948 $ 19,736,399 $ 27,495,704 Less Project Expenditures $ (23,926,549) $ (13,566,300) $ (23,181,500) Ending Fund Balance $ 9,907,399 $ 6,170,099 $ 4,314,204 Accordingly, we will be considering eliminating or deferring projects with expenditures in the above table that have not started that do not have a high priority for FY 2007/08 ($23,926,549), FY 2008/09 ($13,566,300) and $2009/10 ($23,181,500) in the yellow highlight above and in the attached Exhibit. The goal of this endeavor is to have a positive impact on the City's General Fund during the FY 2009/10 Budget, thereby furthering a balanced budget with the least impact on operating programs and staff. S:\Finance\Agenda Items\Agenda Item Request - May 5 2009 (CIP Deletions Deferrals-4-29 Final).doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Staff believes that maintenance projects typically have the highest priority on a staff level because these projects (i.e., chiller replacements) tend to ensure that other routine government operations continue. Staff and the public are able to use facilities safely thereby reducing loss exposure and liability (i.e. Oceanfront Park Boardwalk). The table on the previous page shows the approved and planned Capital Fund Budget with a $6,170,099 fund balance at the end of this FY 2008/2009 in order to . provide funding or excess funds from projects to close out or adjust this fiscal year . complete the projects currently underway in this fiscal year . contract for the approved projects in FY 2009/10 Therefore, those capital projects listed in this Plan can proceed as planned; assuming revenues and other funding sources as shown do not decline. For example, we know that . Park Impact Fee is declining due to the housing construction market, . Local Options Gas Taxes are declining due to reduced vehicle miles by the public, and . Bond Proceeds from a new bond issue secured by Public Service Taxes is still pending, To have a positive impact on the General Fund in the FY 2009/10 Budget, the City must defer, delete, or change a project scope. We can transfer the dollar impact of these changes directly from the Capital Improvement Fund in FY 2009/10 and serve as a one-time funding source to help balance the General Fund budget. These funds will not be available in subseauent fiscal year budaets unless rebudaeted alona with an appropriate fundina source. Staff presents the following suggested projects to defer to future years or eliminate resulting in a transfer of funds to support the General Fund Budget in FY 2009/10. Exhibit Proposed Reduction Proiect Page Budgeted I Budgeted I Planned No. FY 2007-08 FY 2008-09 FY 2009-10 General City Hall BBTV Upgrades 4 $ 110,000 $ - $ .. City Hall Fire Alarm Upgrade 4 $ - $ - $ 250,000 City Hall Kalwall 4 $ - $75,000 Grant> $ 320,000 Municipal Building Energy 4 $ - $ 100,000 $ 100,000 Congress Middle School- Landscaping 4 $ 143,000 $ - $ Old High School Demolition 4 $ - $ 625,000 $ ""I Parks & Recreation Green/Bikeway-Land Purchase 6 $ 300,000 $ 100,000 $ I Green/Bikeway-Palmetto Greens (Ph II) 6 $ .. $ 400,000 <Grant Funded I Hester Center Landscaping 6 $ - $ 50,000 $1 Oceanfront-Automated Parking System 7 $ 300,000 $ "" $ I I Transportation Wayfinding Signage 9 $ 140,000 $ .. $ .. Ocean Avenue Streetscape 9 $ .. $ .. $ 45,000 Sidewalks-Gateway/FEe tracks 9 $ - $ 125,000 $ - Totals $ 993,000 $ 1,400,000 $ 715,000 The above list of projects total $3,108,000. The Commission can direct staff to transfer all or part of this amount to the General Fund toward balancing the budget in FY 2009/10. However, in order to defer to future years,(versus cancelling them altogether) some funding must be identified to return them to the project list in the later years of the CIP as the ending fund balance is projected to fall below the $3,108,000 level. A number of other projects merit further discussion. S:\Finance\Agenda Items\Agenda Item Request.. May 5 2009 (CIP Deletions DeferraIs-4-29 Finall.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . The new Police Headauarters Building ($28,000.000) (Paae 5) is a matter requiring discussion by the City Commission. The project appears in the current and planned FY 2009/10 Capital Improvement Plan where funding is 100% financed by the issuance of bonds, Anv deferral of this proiect will have no imoact on the General Fund. One the other hand, if we proceed with the project and issue the bonds in FY 2009/10, the annual debt service of up to $2,8 million will need to be paid for with Public Service Taxes resulting in a negative impact on the General Fund that is currently receiving these taxes. There is no doubt that interest rates are low and bid prices will come in lower than expected suggesting this to be historian excellent time to bid such a large and important project for the City, However, given the debt repayment schedule, the City Commission's review and guidance is requested if other budget cuts warrant proceeding with the Police Headquarters Building at this time or whether we should defer the project until such time that the economic climate improves. If we defer the project, it will likely result in higher capital construction costs and higher interest rates in the future. . The Conaress Avenue - Boundless Park (Barrier Free Playground) Development ($2,900,000) (Paae 6) is a large project budgeted in the FY 2007/08 Capital Improvement Plan. Of the total $2.9 million budgeted for Phase 1 of this project, we have expended nearly $0.5 million in design and other costs to date. If the project is deferred, $2.4M is currently available for transfer back to the General Fund with the understanding that if the project is re-authorized (like all the projects identified on page 2), funds would have to be found. . The Meadows / Nautica Sound Park ($660.000) (Paae 7) recently accelerated by the City Commission modified the Capital Improvement Plan and funded with 100% with Park and Recreation Facilities Fees. Any deferral of this project will have no impact on the General Fund. We are planning this new passive park to replace approximately nine (9) acres of open space created by parkland dedications from the two referenced subdivision developments. However, a more pressing concern to City staff is that development of Meadows / Nautica Sound Park will result in an additional expense in the Operating Budget of approximately $40,000 per year at a time when the staff is reducing expenditures, . The Ocean 95 South Access Route Proiect ($1.500.000) (Paoe 9) might not proceed given that the property owner of the Ocean 95 project is currently not willing to grant a cross access easement to allow traffic to travel through the site to access the former Bulldog Fence property. This refusal, for all practical purposes, negates any south access options, leaving only that option that involves the taking of a private residence near Boynton Beach Boulevard. Staff recommends deleting the Ocean 95 access project altogether. If the development project moves forward, then we could accommodate off site traffic on Ocean Drive and with minimal cost exposure to the City. If this project is deferred, $1.5 M is available for transfer back to the General Fund with the understanding that if the project is re-authorized (like all the projects identified on page 2), funds would have to be found, City staff requests direction from the City Commission whether we should defer or eliminate any of the capital projects above that would be in addition to the $3 M recommended for elimination or deferral on page 2. With policy direction from the City Commission, staff will confirm fund balances and make the appropriate modifications to the proposed City Capital Improvement Fund and the General Fund Operating Budgets for FY 2009/10. PROGRAM IMPACT: The list of projects on the page 2 will have minimal program impact. However, those listed above will have greater impact. FISCAL IMPACT: The City can transfer the dollar amount of deferred or cancelled projects appearing in the CIP as budgeted for FY 2007/08 and FY 2008/09 or planned for FY 2009110 (less any directly related funding sources) as a funding source to assist in balancing the General Fund. AL TERNA TlVES: Staff will also review projects completed in recent fiscal years to determine if unexpended balances remain in the project budget that we can also transfer to the General Fund as long as the balances remain unrestricted, S:\Finance\Agenda Items\Agenda Item Request - May 5 2009 (CIP Deletions DeferraIs-4-29 Final).doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM <', r .,1 " , ~ nt Head's Signature City Manager's Signature Public Works & Financial Services .. ;j, Department Name ~to~~~- City Attorney I Finance Director .----.-. S:\Finance\Agenda Items\Agenda Item Request - May 5 2009 {CIP Deletions DeferraJs-4-29 Fina))<doc CITY OF BorTToN BEACH Fxhibit E CAPITAL IMPl ;MENT FUND FIVE YEAR BUDGET PLAN - SOURCES & USES 2008/2009 BUDGET GENERAL GOV'T / PARKS / 2006/2007 2007/2008 200812009 FOUR YEAR PROJECTION TRANSPORTA TlON Actual Estimated Budlet 2009/2010 2010/2011 201112012 201212013 BEGINNING FUND BALANCE $ 15,159,180 $ 26,285,501 $ 9,907.399 $ 6,170,099 $ 4,314,204 $ 5,107,196 $ 2,853,217 REVENIIES 27.914.006 7.548.447 9,829,000 21.325.605 3.498.742 1.707.771 7.500.000 EXPENDITURES (16,787,685) (23,926,549) (13,566,300) (23,181,500) (2,705,750) (3,961,750) (8,130,750) REVENUES OVER (UNDER) EXPENSES 11,126,321 (16.378,102) (3,737,300) (1,855.895 ) 792,992 (2.253.979) (630.750) ENDING FUNI) BALANCE'" $ 26,285,501 $ 9,907,399 $ 6,170,099 $ 4,314,204 $ 5,107,196 $ 2,853,217 $ 2,222,467 * - includes Foods 141,301,302, and 304 , " - -- - - - - - " - -- - . - - - - - - . - - - - - . , S:\FinancelAgenda Items\ \ Agenda Item Request - May 5, 2009 CIP 2008-2009 Adopted & Amended (Govt Funds Only) \ Source & Use Page 1 CITY OF BOYNTON BEACH CAPIT AL IMPROVEMENT PROGRAM 2008/2009 BUDGET REVENUE SUMMARY 2007/2008 2007/2008 200812009 2009/2010 2010/2011 2011/2012 2012/2013 REVENUES Bud2et Estimated Budl!et Plan Plan Plan Plan Funding General City Projects Transferfrom Pul~lic Servi~e Tax Debt Fund** $ 1,803,114 $ 1,803,114 $ - $ 425,605 $ 598,742 $ 807,771 $ 900,000 Transfer from General Fund** ~-- ~ ---~-- -~- -- - -~-- Transfer from Parks & Rec Facilities (Fund 141) 1,220,000 1,220,000 540,000 2,000,000 - -- -~~-~ --~~ -- -- '.-~ Interest Income - 425,600 425;000 425,000 -250,000- 250,000 250,600 250,000 ~ -- Grall!S* _ 1t),.~~4~152 ;.11I~,:n3 1,494,000 - -_ - ~, iO(),()Ot) Local Option Gas Tax 800,000 800,000 650,000 650,000 650,000 650,000 650,000 _ _ ~ ~_ _ _ ~ _n._ _~~ ~ _. _ Boynton Beach Memorial Park Fund 220,000 __ _~___~ _ n Bond Proceeds - 2008 PS TAX ISSUE 6,500,000 20,000,000 - - ---- Oceans 95 Cost Share - 115,000 Total Funding for General City Projects $ 14,632,266 $ 7,548,447 $ 9,829,000 $ 21,325,605 $ 3,498,742 $ 1,707,771 $ 7,500,000 ~~~=~=~'~:'~"=~l__i''''-"' ~-.i<1~~~"-"-"",,, _~. _,.dl<,,:"'.....!&"'.~~~.__~"';:,!..,.--"''''J;I,.;.~;.J.., J"'=-6~""""''''''"~''~ ,. 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"'~ ~- " GRANTS B~at Club Park RenovationJ~BC) 380,000 380,000 Boynton Inlet ~tudy (SFWMD) 130,000 130,000 Ci~ Hall Wind Retrofit-HMQ~ Grant 137,336 c.ongress Ave. C~mmunity Fark Development (TBD) 5,700,000 ~,700,000 Greenway/Bikeway (T-21) - Palmetto 440,000 440,000 1_ - - - --- Greenway~~ikeway(T-2I)-l3arton 112,900 112,900 Jaycee Park Developmtmt (FRDAP) 200,000 200,000 JaYc;ee Park J3oard~alk (L WCF) 200,000 200,000 Galaxy Park (FDACS) 13,600 - __ 1--- Library Planning Gr~nt (State) 300,000 200,000 Rolling Green Safety - Fed Allocation 294,000 FEMA - H(l)"deniI1.g of Station #5/EOC 1,721,252 300,000 1,000,000 Senior Center I~provernents (FDEA) 71,497 Wilson Center lCounty) - Construction 1,000,000 1,000,000 -~._- - -~. -- Wilson Project (FRDAP) 200,000 200,000 TOTALGRANTS ( i(l;R-II~' (, 'IR.'i._'\\ $ 1,494,000 $ - $ - $ .; '!!lili'i .0 .r ,ndm ,da Items !\genda Ite". Request May>; 2009 elf' 2008.2009 i\doPted & Amended (Govt F nly) \ Summary Revenues age, CITY OF BOY~T'1'ON BEACH CAPITAL IMPRO" ~ENT PROGRAM 2008/2009 BUDGET EXPENDITURE SUMMARY 2007/2008 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 PROJECTS Budget Estimated Budget Plan Plan Plan Plan Total General Governmental $ 5,805,350 $ 3,772,901 $ 8,993,900 $ 21,840,000 $ 805,000 $ 895,000 $ 575,000 Total Recreation/Parks 17,189,490 11,864,285 1,946,400 296,500 845,750 2,131,750 6,570,750 Total Transportation 2,601,000 2,447,500 1,392,000 1,045,000 1,055,000 935,000 985,000 TRANSFER TO - Fire Assessment* $ 5,841,863 $ 5,841,863 $ 1,234,000 SUB-TOTAL CIP PROJECTS $ 31,437,703 $ 23,926,549 $ 13,566,300 $ 23,181,500 $ 2,705,750 $ 3,961,750 $ 8,130,750 * Transfer includes FEMA grant dollars & Fund 304 2006 Bond Issue * FY0809 transfer from Fund 304 - PS Tax Construction 2006 S:\FinancelAgenda Items\ Agenda Item Request - May 5, 2009 CIP 2008-2009 Adopted & Amended (Govt Funds Only) \ Summary Expenses Page 3 CITY OF BOYNTON BEACH CAPIT AL IMPROVEMENT EXPENDITURES 2008/2009 BUDGET GENERAL GOVERNMENT 2007/2008 2007/2008 200812009 2009/2010 2010/2011 201112012 2012/2013 Future Funding PROJECT I"IAME Bud et Estimated Bud et Plan Plan Plan Plan Plan Source ADA ComE!~~ce / Ci1[ Hall Complex Eval 250,000 0 300,000 ,W(I,(I(I(I 40(1.111)(1 4(1(),Of)() 25(),Il()() FB Boynton Inlet Stu<!l' 90,000 90,000 Grant -- ~- ~ Carpeti!1g Replace~ent Pr()gr~n 70,000 38,447 70,000 75,000 75,000 80,000 80,000 III -PO 0 \,910 II' - -Art Center and Sr. Center 0 1,190 III --~-_... ---- ---- - -- - _ -Development/Cust Serv / FS 3___ 0 28,453 III -- gity Hall City I:!allamber - BB'~~{Jpgr!Jdes 110,000 75,000 35,000 FB gity Hall East Wing RoofRepJacem~_ 72,000 71,200 FIl ~_._-- gity.!lall J<ire A]~ Upgrad~Sit.t \\Tide _ _ 350,000 FB ---- -- ._--~.. C~ Hall Parking Garage Ep~x2'B()or Coa~I1g _ 120,000 89.742 FB _~.__.._ _0..-_- - City Hall ~epair Kalwall (Citr!lallamberroofi~~ 32U,OOO FB --_...- ---- - - --- ~ity H!il! Roof ~<1llaceIl1ent 84,000 83.520 I'll City H!lII~est \\!ing Rool.R~placement 88,000 76.736 III -- (il\ Hall Palling Lot ili~hl. landscape) 85,000 Municipal BuiliJing Lllergy / EnvilUlll1lCllt ll!ltictll\e,- ~-- 190,000 100,000 ----------- 100,000 100,000 - --- (.:()!Wess Mi~dle School:lJaI1(!s~jling ]43,000 143,000 FB -- Ener~ M~~t Upgrade - City Wide 25,000 11\ Fire Station # I Kitchen Renovation 21.000 !I; - - ..- ~- Fire Station #3 - Air Handler 80,QQO 76,70] III -- --_...- -- Fire Station #3 - Underground Tank 20,000 30,000 III ~ Fire Station #3 Renm'~tions~t:pairs 100,000 46,300 ill V A V Replacell1ents 0 44,608 11\ Duet Repair and Cleaning 8,700 11\ Fire Station #3 Kitchen Renovation 42,000 11\ General BlI~ding .Jr1frllSt!ucture Upgrades 90,000 29,500 70,000 70,000 70.000 7U,000 70,000 111 .-_. -City Hall CityGenerator 49,765 In -~ -City Hall City Jlalliller Piping 0 10,735 IB - Heart ofBo)'nton<.:ontil1.~ncy 500.000 500,000 III -~._~ Library Expansion 850.000 1,800,000 800,000 IH Madsen etr - Painting 2,700 i 11 -~- ~_~dscn .<:tr - ~ep~ace Air <,:o..IJdjtion~ng 9,200 III Old Hi h School- Demo/Parking Improvements 500,000 625,000 FB -.. J mane" J8 Items'- i-l.,gcnd;~ !iel!! ReiJueSi ;'''lay~:. ;,:UU9 2.008 2nnq .Adopted & Amended (Govl Funds ()nly. ral C;ovt 'aQP 4 CITY OF BOYNTON BEACP CAPITAL IMPROVEMENT EXPEl' JRES 2008/2009 BUDGET GENERAL GOVERNMENT 2007/2008 2007/2008 200812009 2009/2010 20 10/2011 20ll/2012 2012/2013 Future Funding PROJECT NAME Bud~et Estimated Budget Plan Plan Plan Plan Plan Source Police - New Public Safety Facility 1,500,000 6,500,000 20,000,000 Bonds Pll~lic ~afety Complex (E.QC1- C()n~truct 432,750 FB ~- - --- ~ -'~----- - ~._- ----- -----. -..- ~ Pllblic Safety C~'!lplex (ITS) - Construct.:_ 2iO,600 FB ~- - ---. --- -- ~----'--' -- -~ ~\\l~ Exteri()f!.ainting_____ __ _ 60,900 21,650 -- -- FB -- -- -- -~-~ PW #2- NC Replace!lle~____ _~,OOQ - 11,744 - - FB - - - .. --- - -.--- -~- Rolling Green Security ~~- ---~..Q ~~~4,000 -- FB --'--- -- -- --- ~-- ------ School Museum Refurbishment 25,000 300,000 FB --- ~- f------- .~-,.- -~-- -~ -- --- ----- School Museum Hurricane Protection 175,000 275,000 FB --~~-- f---- --------- ---- _0_- ._ --- ---- ~- Children's Museum Paver Rep~~_ 19,000 FB --- ~- -- ---- -- ---~ -- .- ~-~~~ -..- ~.. ~-- ~curity - C~ \\l.~de Upgrad~_~ __~,OOO __..J-,}20 25,000 ___ 25,000 25,000 25,000 25,000 FB --- -- ~- ~----- ~--- ---- -Library Cameras 0 22,280 FB -------- --- -- --- - -- -- --~-~- - ~ ------ --~~ I()~n Square -Demo gvic Centef_____ 40,000 FB ~-~---~~- _._--_.~ ---- - - ~ - --~ ---. - ~~-- -- ~- Town Square - Demo Lan~ Acquisition_ ___ __ 75,000 FB ---------'. -- --- ~-- ~ -- ----. ~- ~- Town Square - Demo Madsen C~~~ 30,000 FB ~-- -- -'-- -- - --,--~ ---_.- ------ Town Square - Events Stage -~-- --- 750,000 FB -------- --- -- -- -- -..--- -- ---- - - - -- ~ Square - L_l!lld_Acquisit.i<JE (MF Area) __ -~- _ u_~.._ 1,000,000 FB --- -- ---- '-- ---. ~- ----- --- - Town Squ<l!e - New Commlillity f~ter @ $2 !QIsqf't -- 7,770,000 FB -- --- ----.--~- --- ------- - -- Town Square - Parking Garage f--- -- ~--- ------ ---- 7,200,000 FB ---- --- ----------- ----- -~ ~- ---~- ~-- --- ~~- Various Small Projects __ 7~ 53,875 125,000 _I25,~ _ _ .__ _B1,OOQ 135,000 150,000 FB ~---~----~- ------~---~~~ ----- _____ u_ --- ~ ____Madse.n ~~l for CO.9_~Somplian~____ _ 0 1,124 FB I-----~~ --- -- - -- ---~----- - -~- -- _ -PD 2 Gen.erator (estimate) 0 ___~OQO FB --,~ ~- f-- --~- -- -- ------- -~-~.- -Finance Walls 0 10,501 FB ---,--~..- --~ -- ~._- - - - -- ---. ~--~~- ---- - ~-- - Li~lIl}' Interim Land.:;capin~ 0 4,500 FB -~ -- ,~- --- -- - _n __....___~ ~- - - --~- --~- ~-- Misc. Architectufa!..Desi.~ 50,000 47,000 - - FB - -- -~ -~-- -- --- ---- -_...._------,---- -Kalwall Evaluation 0 3,000 FB TOTAL GENERAL GOVERNMENT $ 5,805,350 $ 3,772,901 $ 8,993,900 $ 21,840,000 $ 805,000 $ 895,000 $ 575,000 $ 16,865,000 FB - Fund Balance (Bond Proceeds, Interest, Taxes, etc) S:\FinancelAgenda items\ I Agenda Item Request - May 5, 2009 CIP 2008-2009 Adopted & Amended (Govt Funds Only) I General Govt Page 5 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT EXPENDITURES 2008/2009 BUDGET PARKS AND RECREATION 2007/2008 2007/2008 200812009 2009/2010 2010/2011 2011/2012 2012/2013 Futurc Funding PROJECT NAME Bud et Estimated Bud et Plan Plan Plan Plan Plan Source Art etr Dcyig~fees -3nd floo! addition 177,000 FB Art Ctr - 2nd floor addition 1.003,000 1'13 ------- ~- Art Ctr - Replace RS'of 50,000 ill Art Ctr - Storag~~~e~ 8,000 ill Art C~- R~placemel1~"'I1~fL_ 7,000 il\ Bicentennial Park - Park Renovation 180,000 I~Q,O~O 1.000,000 ill --- ---- -- ~.-_._- ~- ---- ---- I3~t Club ~ar.1<- Seal Parking I-ot 25,000 25,000 I'll Boat Club Park - Renovations 417,500 417,500 Grant -- -._---- ---- - Boat Chl~ Park~_ I3ait _~~p Repairs 50,5JOO 113 Boat~llIb P3!.k - Dredge Canal 65,000 65,000 35,000 I'll B03!Club P~k - PI~~ound Ftt:placement 45,000 III <::emet;:ry: Reseal Mausoleum __ _ 20,000 Ccmeten ~- --- (irant!Don~tillnl Co~~e~ Ave. - BoundlessPar!_QeveloJl111ent 8,70~~~ ,.__ 2,900,000 \lWO,OOO F()]'est l-liIl-Singl<:~llil F:t:nce 20,000 I'll ! - Forest Hill-Resurface Basketball Court 10,000 10,000 F1\ I -- --- --- ---- FPL Park De~elopl1l(;l1t 2,000,000 il~ FlIttlre I Mise sma!! scale park:; llrojects 50,000 2~,130 65,000 h~_IIIHI h~JHHI "1l.IHHj :O.O(j(j iH Hester Awning 0 3,700 IH Pence Restroom I3l1ilding 0 6,375 ill tv!angrove Park Ftenovations 0 3,595 Hi Civic Center Fence 0 7,000 IB Glllaxy Park ~ ~enov_ate BaEfidd (deletc FY09) 50,000 0 - Hl Girl Scout Park - New Park 1,600,000 I'll -~~-~ Qr<:en/Bikeway,,--!'.~~ase of L3I1d 3 q(),QOO 300,000 100,000 100,000 400,000 FB Green/Bilc.eway - Barton. 116,070 116,070 (jrant Green/Bikeway - Palmetto G[et:n~ (Phase It 440,000 440~00 (iranl ---~--- Gr~en/Bike~ay ~~alII111tt<> Greens (Phase II) 400,000 Grant Hester Or - HY AC Small Units 18,000 29,365 18,000 FB -- ----~ I-!t:ster Ctr - GIm Floor Refll1ishing 7,000 0 26,000 7,500 7,750 7,750 7.750 in Hester Ctr - Painting of Mlltal Roofs 20,000 9,830 'Ii Hester Or : Play_~ound Fence 5,000 iH liester etl" - Repl_act: _Qugo_uts 20,000 f,H _J -- Iit:ster-<=_tr - _~epave Co~~sion A~a 20.000 20,000 ill Hester etr - Landscaping Improvements 50,000 FB I ~: ,hna, nda He-r':lS', '\[.jer,d8 Hprn Req\18st r-,!;av ~ 2009 C1P :::008-2009 Adopted & Amended (Govt Funds Only and t< ec .Jdq. CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT EXPENl RES 2008/2009 BUDGET PARKS AND RECREATION 2007/2008 2007/2008 2008/2009 2009/2010 2010/2011 20ll/2012 2012/2013 Future Funding PROJECT NAME Bud2et Estimated Budl!:et Plan Plan Plan Plan Plan Source Hibiscus-Playground Improvements 30,000 30,000 FB ---~~--- -~-~-- ~--- -----~-~- I-- - - -~ -~ - -- -----~-- Intracoastal Park - Clubhouse Construction 300,000 4,972 FB ---- -~-~- -- -~- -- --- ----- --- -- ~..- -- - ~rchitect / En~ineer_ ~_ _ ~ 0 ~,600 FB -- - --- -..- --- ---~-~-~ ---- -- - -- Erosion Stabilization 0 55,770 FB -- .~.__... - - ------ --- ,-- --_._-~- c- ~_._- -- --~ --~_._-- -_._.,.._-----~ ---Xumishings --- --- ----- 60,000 60,000 fB ----- ----....--- - _____u~_ --_._,-~ ---- --. Intracoastal Park - Club~ouse Pl~~ing_~ u_u 45,000 FB _..-'-- - - -- -- - _n ----- ~~~-- Intracoastal Park-Playground Equipment 10,000 10,000 FB ------ _ __.u_ -- . ---,. ------ ~-- -- ~lIStal Park-Pavillion Painting 20,000 FB --- ----- - -~-- Jaycee Park - Improvements 1,560,000 1,560,000 Grant/PIF ------ .---- -- ---- ---- --- -- --.._,-------, Kids Kingdom Park. Painting al1!SealinL___ ~ __ 20,000 ~OOQ 20,000 FB - - -- --------~ - ~-- ---- -----~ -- -- Kid~~ingdom Park .:!}aygroun<! Eqllipment_u. _ _ 10,000 10,000 FB ---------- e--__ --"-- -"--'------ ~n -- --- Laure~Hills-Single Rail Fenc~__ ____ 30,000 FB ----- f---- ~-- - --- ~ ~~ --..-- Laurel Hills-Pl!!~g Area ___~~ _ _~ __ 20,000 FB -~ -~ -~ --- f--~ ----- ---- -..------ ---- Laurel Hills-Repave Basketball c.:o~ FB ------- - -~-- --- --- --.--- --~ -'- - -. --- -~- ~aurel Hills-Replace Basketball Standards _ FB '--" -- --- u~_ r------ - ~--~- ------ -~- -- ~~- LL Park - Storage Building 37,000 fB UPark - Sod Renovation ------ -- ---- ---~ --....-.-- -~ --_.~- -- -- - - - - -- ,-- -~~_._--- 5,000 _ 5,000 5,000 5,000 5,000 5,000 5,000 FB -------~----- ----- -- -"- -- - -- -~- ~---~ - LL Park - Video Surveillance Donation - ~--~~~._--~- -_._~ -- --_.~ -- ~---~ -- - -- -~ -- -- --.----- -------- Madsen Ctr . Resurface Shuffleboard Courts 15,000 FB f---~----~-~--- ---~ ---- --~._- f--- - -.-.. --,- ---. --~-_.- -~- ~-- -- --- Meadows Park - Irrigation and Landscaping 14,000 FB Meadows I / Nautica Sound Park - New Park ~~--- -- <<Amended PlF 60,000 0 600,000 0 Mangrove Walk at the Marina ~enches and C~s ~ _ 30,000 FB --- - -~ -- ----- ---~-- ----~ -~ ~--- Nichols Property-Construct Park 2,000,000 FB ~~-- --- .-----_._~~~._- ---~~- --- - - -- -- - ._--_._..__...~ Oceanfront - Boardwalk _2,1~ 2.350.000 FB .. ---- --~ ---.- -- ~- - -- -~----- _ --- --~ --- __ Oceanfront - Seal Parking Lot 25,000 FB Oceanfront - Automated Parking System 300,000 300,000 FB Oceanfront-Enlarge Maintenance Bldg. 30,000 FB ~ ------ --~---- - - -- -- -- - --- _n -- -~ - ~--- Q()eanfrollt-Single Rail Fence ~. _ _ 10,000 FB ~---- --- --- -- ---~- ~--~--~- ~-- - --- - Q~~front-Insta!l Stairs !3tw P.llfking A~e~_ __ _ 40,000 40,000 FB - ~-~--- -- - ----- ~ -..- - --~~- - ---.- Oce~f!ont-HandicllP WaIk'\-Vay__ _ _ 40,000 _~_ 40,000 FB -~-- -..---.----- -----.---.--. ~._.- - --- ~-~ ()ceanfront-_P~ygr().tll~ Equipm~!lt ______ 40,000 FB ---- ----~ _n-- --- ---.- - .--- _.__._~ Ocell11f!ont Park Building Repla~ement____ un 500,000 _ 2,00o,.QQ<> FB --- -~- --- - __ ---_un Par~-Fumis~ings_ (Cans,~el1c~~, picnic tables, etcL _ __ 50,00Q 50,000 50,000 10,000 10,000 10,000 10,000 FB ---- -,~- - ~~-~ --- Parks-Landscaping (Remove & Replace) 25,000 25,000 25,000 25,000 30,000 30,000 30,000 FB S:lFinancelAgenda Items\ \ Agenda Item Request. May 5, 2009 CIP 2008--2009 Adopted & Amended (Govt Funds Only) \ Parks and Rae Page 7 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT EXPENDITURES 2008/2009 BUDGET PARKS AND RECREA nON I 2007/2008 2007/2008 200812009 2009/2010 2010/2011 2011/2012 2012/2013 Future Funding PROJECT NAME Budl!et Estimated Budget Plan Plan Plan Plan Plan Source Parks-Signage - 90,000 -- 90,000 --~-~- 30,000 30,000 FB I~_ -- m ----~ - ~- ----- -- -.- -- - Palmetto Green-Resurface Path 20,000 \1\ -- -- -- -"'- Palmeifo Greel1-!'lal!1;ro~d Equipment 30,000 IB Pt:I1(;e Park__~xwound EElliIJ.l')leEt - I~ - ~ 40,000 - 40,000 I'll - Pence Park-Repili.ce Ballfield Ligh~ 50,000 200,OqQ III -----. -- - n ~~ Pen~e!ark - Field R_econfig\l~ation 50,000 200,000 III - - ~- -- '.- - !'ioneer ~~!llPark- Repla~~Boa! Ramp__ --~ ~ ~~I - 100,000 FB - _..-- --~ Pi()neer Cll!lal P_~ - Pave P~~~.'\r~_ 30,000 1'1\ ~-~~ ----- - - ~- Pioneer Canal Park - Renovate Restrooms 75,000 6,6[6 III - -- -- --~ ---- ---- -- - Pione~r Canal P1U'k - Playgr()llnd R~placement 30,000 30,000 ~~ FII Pion~er Canal P~.lt -_Mllltipure()se Field 40,000 III - guan~~ Par!<--J'lew Park_ 4,048,000 PIF Sara Sims Park - Renovate Entire Park 2,000,000 eRA --- -- -_._-_._~--'- ---- - ~~lISims ~ark - ~~chase_Pr()perty Cemetery - - 200,000 ( 'emdery Sara Si~P_ark.:: Seal Coat Parl<:ing L()!._ 24,000 -- - Senior Ctr - Misc, Projects (BV AC, Security, etc) 0 71.497 (irant ____ __ _ ~u __ __ __~__ - -- Senior Ctr - Roof Replacemenl 0 138,400 {,rani 1- -- - -~ ~-~ -- l'~lmis Ct~- Pro ~hop Ale 5,000 4,745 11:.\ -~ T~nnis _Ctr - C().I:'rt Re~urfacing 7,900 7,900 8,900 9,000 24,000 9,000 9,000 ill _ -- ~- Tennis_Ctr L~hts 10,000 [II -- Telmis Ctr Fence 6,500 m ---- -- - - -~ \\Tilson C~nter Replacement - fng. Fees in Wilson <::~lIt~_ Rep~cement - Const. ),059,000 1,489,000 il; { ,I," - Wils~l1c.:ent_er -Fm:nishi~gs 200,000 200,000 l-H Wilson Park - Tot Lot (Playground) 36,500 36,500 50,000 r"H --- --~ --- -- Wilson Park - Basketball Courts 17,920 17,920 Hi -,.._- \\Tilson Park - ~quipl11:ent (Ci!u:ebo, pathways, fountains) l5,6QQ 15,600 50,000 III Wilson Park - Site Work (Demo, Electrical. Landscape) 300,000 300,000 20,000 ~iralll m _- Wi~(Jn Pool - ~placement 314,000 314,000 iH Winchester Park ,- 2.000,UOO I'll Woolbright/l,-eisureville Park -~---- 50,000 iE 7th Avenue Open Space 100,000 II< --,~-- ----------- --> __~_m___ --~~---- om'_ -,-~._---~"--- - ___~_m___ ---- - TOT AI. PARKS AND RECREATION $ 17.18<JA90 $ 11,864,285 $ 1,946,400 $ 296,500 $ X45,750 $ :,1,1.750 $ (1,570,750 $ 16,663.000 om III I '_11ld Balance (Bond Proceeds, Interest. I a\Os_ de) ~F Hlap €ia ltems"-' Agl-1nda item RequeST MeW 5 1009 C!~> 2008-2009 Adopted & Amended (Govt Funds Only) 3nd Rel Fay~_" ~ CITY OF BOYNTON BEArq CAPITAL IMPROVEMENT EXP; .TURES 2008/2009 BUDGET TRANSPORTATION 2007/2008 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Funding PROJECT NAME Bude.et Estimated Bude.et Plan Plan Plan Plan Future Source Street Maintenance/lmpv. I--- 500,000 486,500 625,000 625,000 675,000 675.000 725.0()0 PB Wayfinding Signage -- 140,000 280,000 PB Railroad Crossing Upgrades 30,000 30,000 PB Ocean Avenue Streetscape repL (cans, tree grates, etc) 45,000 PB Quiet Zone Costs 400,000 PB - -----~~--- --_._,~ -- ----I- --~-- -..---- ------ ~-..~ -----~- ~~~------ 36TH Ave. Cost Share 300,000 PB Ocean 95 Road Project 1,500,000 1,500,000 PB Sidewalks - GatewayfFEC Tracks 125,000 PB Sidewalks - Replacement ~__1~,<>Q2 125,000 150,000 150.000 _ _ 150,OO.Q 175,000 175.000 PB - -,---- - ~-- _u____ C---- -~- -----'-.-- 1---- - Sidewalks - New _ 166,00g 166,000 85,000 85,000 85,000 85,000 85,000 PB I--~ ~~-- -_.__._------~--- ------ - - f------- -- -- - --- 1-------- ~!id~}~epair!>:Piane [)~ive _____ _ _ _ --~---- FB --- ---- ..-----.- -- ---- 1----- ~- - Bridge Repairs-Lake Drive PB -___ _u_ __ ~___u _ __ ---- -~- _._~- --~~-- --~ -- -- ------ Br~~ge Repairs- V eoke Driv~ _ ~ nu __ 80,00~ _ _ 80,000 FB - ---- - --_._~ ~ --.- ~- -~ ---- _u - Bridge ~epairs-Coral Drive __ _ _ _ _ 60,000 60,000 PB -- -~ ----- ~-~ - -------- ---..-- - ---~~--~-- --~--- Bridge Repairs-SW 22!1~ Av~nu~___ 85,000 PB --'- - -- -- -- ------ ~- -- ~-~~ ~- - -- -- - -- Bridge Repairs-Miscellaneous 42,000 PB Bridge Repairs-(}~~way Bl~d~ VI est- ~- --~ - - -~- u 14(l,(foo -----,-- ---~ '-- ------ PB ~.... - __~ U~ __ - u -- - - -- - ~ Bridge Repairs-Ga~way Blvd,_ - East 145,000 130,000 PB -- -- -- ------, --- -~ -- -- -- ~~-- ~- -- - -.- --..-- Median Impv~-Woolbri~~_ 80,000 PH - - ---- - -- .- ------ -_._~--~ I-- ~--~- ----~- -- -----~ - M.edian Illlpvs-N. Congress_ -~~-~--~- -~----~~ 100,000 PB --.- ~_~u_~~_ ------- --- -- I- -~--~-~ -~ --"-- ~edian Impvs~S. Congress_____u 100,000 FB - -- ...---.-- --- -- --..--- -~----- I-----~ --- _u___ ----- - Median Impvs-S. CongressfBoynton 100,000 PH TOTAl TRANSPORTATION '!; 2 60 I 000 $ 2447500 $ 1.392 000 $ I 045 000 '!; I 055 000 $ 935 000 $ 985 000 $ 1 210 000 I FB - Fund Balance (Bond Procee,ds, Interest, Taxes, etc) S:\FinancelAgenda Items\ Agenda Item Request - May 5. 2009 CIP 2008-2009 Adopted & Amended (Govt Funds Only) \ Transportation Page 9,1 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office 0 A ri12I, 2009 o June 16,2009 t2J 5,2009 0 19,2009 Jul st 4, 2009 Jul 0 AnnouncementslPresentations ~ City Manager's Reoort 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: Consider the continuation or deferral of the "Congress Ave. - Barrier Free Park Developmenf' approved in the FY 2007/2008 Capital Improvement Plan (ClP) and carried over to the current year. If the project is continued, the recommendation is to approve a contract for "CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE PLAYGROUND" Bid# OI7-2730-09/JA, to Ocean Gate General Contractors, of Stuart, Florida, in the amount of $1,925,000 plus a standard 10% contingency is authorized for any additional change orders for a total ammmt of$2,117,500. EXPLANATION: The Congress Avenue Barrier Free Community Park 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 nmnber of design and construction components are not typically found in a routine park construction project. Therefore, staff believed it's best to pre-qualify construction contractors in advance of the construction bidding process. On August 19,2008, Commission approved the 7 shortlisted contractors from RFQ#041-2730-o8/JA, allowing only the seven Pre-Qualified Contractors to bid on the project. On Februmy 11, 2009, the Procurement Services received and opened seven (7) proposals. The proposals were reviewed by the Design Consultant, Glatting and Jackson, as well as our Parks Department and it was determined that Ocean Gate General Contractors, Inc. of Stuart, Florida was the lowest, most responsive, responsible bidder who met all specifications (See recommendation memo #09-11). PROGRAM IMPACT: The bid is for the construction of three (3) playground areas, trails, picnic areas, a picnic pavilion, restrooms and other site improvements, including site furnishings, landscaping and irrigation, located at 3111 South Congress A venue Community Playground in the City of Boynton Beach, Florida. FISCAL IMPACT: The budgeted expenditure in the current CIP is $2,900,000 with no offsetting grants, contributions or Park Impact Fees providing funding sources. As a result the City's General Fund is providing 100% of the funding for this project. The current financial status of the project follows: $ 2,900,000 Budgeted funds in the CIP - 491,936 Less expended and encumbered funds from FY 2006 to date (*) 2,408,064 Current unexpended project funds - 1,925,000 Less construction bid - 192,500 Less standard 10% contingency - 75,000 Less seed funding to establish foundation $ 215.564 Projected undesignated funds available (*) The amounts expended to date include design fees and construction management services. No additional construction services are anticipated. Ifneeded, funds may be available from the above contingency. S:\Finance\Agenda Items\Agenda Item Request - May 5, 2009 (Congress Avenue Contract with Ocean Gate) (Final),doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Since approval of the current CIP, the City was awarded the following three grants plus we have projected undesignated funds available. $ 200,000 Land & Water Conservation Fund 135,611 Florida Recreation Development Assistance Program 150,000 Palm Beach County $ 485,611 Total grant funds awarded reducing funding required from the General Fund. 215.564 Projected undesignated funds available (From prior page) $701.175 Total funds projected to transfer back to the General Fund if the project is continued. AL TERNA TIVES: There are the following alternatives to consider - 1) Proceed with the project and return the above $701,175 to the General Fund. 2) Proceed with the project and return (a) the above $701,175 plus (b) any amount funded for this project from the Parks and Recreation Facilities Fund, 3) Postpone construction of the park to a later time - this would forfeit the current grant awards as they are awarded on a reimbursement basis (based on matching fund expenditures), However, the unexpended funds (currently $2,408,064) could be returned to the General Fund. At the time the project expenditure is approved at a later date, funding would need to be identified at that time. 4) Cancel construction of the project altogether. The unexpended funds (currently $2,408,064) could be returned to the General Fund. Should the Commission desire to postpone or cancel this project, then reconsideration to the formation ofa 501(c) 3 should be given. Previously, the Commission allocated the use of $75,000 of the budgeted CIP funds as seed money for the formation of a non profit community foundation. The primary project goal for the foundation was to seek funding for Phase II of the Congress A venue Barrier Free Park. Should the project be postponed, the NFP foundation may become a moot point, ~ " ) ---. ~; 1W-f~~ -- L..-'----/ ;/ 't'. .1/L/--.A-<J..r' Department Heici's Si e City Manager's Signature Assistant to City Manager (~./ &~ tJ!~. Purc ing Agent City Attorney / Finance S:\Finance\Agenda Items\Agenda Item Request - May 5, 2009 (Congress Avenue Contract with Ocean Gate) (Final),doc 1 RESOLUTION NO. R09- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO EXECUTE A CONTRACT WITH 7 OCEAN GATE GENERAL CONTRACTORS, INC., FOR 8 CONSTRUCTION OF CONGRESS A VENUE BARRIER 9 FREE PLAYGROUND (BID #017/2730/09/JA) IN THE 10 AMOUNT OF $1,925,000.00, PLUS OWNER'S 11 CONTINGENCY OF 10% IN THE AMOUNT OF 12 $192,500.00 FOR A TOTAL EXPENDITURE OF 13 2,117,500.00; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, on August 19, 2008, the City Commission approved the 7 shortlisted 17 contractors from RFQ #041-2730-08/JA allowing the seven pre-qualified contractors to bid 18 on the project; and 19 WHEREAS, on February 11,2009 Procurement Services received and opened seven 20 (7) proposals that were reviewed with Glatting Jackson, the City's design consultant; and 21 WHEREAS, the City Commission of the City of Boynton Beach upon 22 recommendation of staff, deems it to be in the best interest of the citizens of the City of 23 Boynton Beach to approve a contract for Construction of Congress A venue Barrier Free 24 Playground with Ocean Gate General Contractors, Inc., in the amount of $1 ,925,000.00 plus 25 an owner's contingency of 10% in the amount of $192,500.00 for a total expenditure of 26 $2,117,500.00. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 1 5_\CA\RESO\Agreements\Bid Awards\Bid Award - Ocean Gate - Construct Congress Park (Boundless) doc . Section 1. The foregoing "Whereas" dauses are here b) raliiied and con1inllecl d:i I 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach. Florida does 5 hereby approve and authorize the City Manager to execute a Contract with Ocean <.iate 6 General Contractors, Inc., for Construction of Congress A venue Barrier Free Playground 7 (Bid #017-2730-09/JA) in the amount of $1 ,925,000.00 plus an owner's contingency of 1 O~iO 8 in the amount of $192,500.00 for a total expenditure of $2,117,500.00, a copy of which IS 9 attached hereto as Exhibit "A". 10 Section 3. This Resolution shall become effective immediately upon passage. 11 PASSED AND ADOPTED this _______ day of May, 2009. 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 -,~---- _..~~- --~------- ---- -.--.,..-- _.__.__._--_.~- -- 16 Mayor Jerry Taylor 17 18 _.__._-~ -- ~-~_. ----~---_.._~---- 19 Vice Mayor - Woodrow L Hay 20 21 -~-----~"--~~----~._-~~~-- 22 Commissioner - Ronald Weiland 23 24 -~-'-~ ~-----~~--~-'---' --"'~_.__._.- 25 Commissioner-- Jose Rodriguez 26 27 ----~- -~-'.'----'------"-- --'-" ._-- --.. .---- 28 C'ommissioner Marlene Ross 29 I ATTEST: 30 31 II ----.- - ,- M P .. C ' 3211 Janet . rmmto,Ml 33 i I City Clerk 3411 (Corporate Seal) t I i I : j ; I i J 2 I ') ,CAJ{ESU'c"greements\Bld ..\wardsIBld Award ~ (lcean (iak -l'llnstrul'( '-llngress Park (1'1l'lIndlessl Jo, , , , I I ! RECREATION & PARKS DEPARTMENT MEMORANDUM 09-17 'i~\ !e r i:: ~ 'ItJ w: D 17i~'< ~ "''\ ',~ Ld M VI ~ .0: Carol Doppler, Purchasing Agent APR O'~ 2009 FROM: Indy Rivers, Parks superintendent"'(S' ~ ).'~~; ~ ".:\.-C" _, ..,_. ~ -".-,'o,;;;.:;~. DATE: March 27, 2009 SUBJECT: Congress A venue Barrier Free Park - Recommendation for Contractor The City Commission had previously shortlisted potential contractors to sever (7). Requests for Proposals were sent to each contractor. The three lowest bids were: Ocean Gate General Contractors, Inc. $ 1,925,000 West Construction, Inc. $ 1,943,000 Brang Construction, Inc. $ 1,993,000 Each of the three lowest bids were reviewed and evaluated by the City's design consultant, Glatting Jackson, Inc. and were found to be equally responsive. It is recommended that the City contract with Ocean Gate General Contractors, Inc. for the construction of Congress A venue Barrier Free Park. lease let me know if you need any further information. Thank you. JR/ [C GLA TTING JACKSON 120 N. Orange Ave, KERCHER Orlando, FL 32803 ANGLIN P 407.843.6552 F 407,839.1789 COMMUNITY PLANNING MEMORANDUM February 17,2009 TO: Jody Rivers FROM: Elisabeth Manley! Bruce Hall CC: Dave Barth Sharon Lamantia SUBJECT: Review of Submitted Bids, Congress Ave. Community Park GJ #20074 Dear J ody, As requested, we have reviewed the bids for (Construction of Congress Avenue Barrier Free Playground', Bid No, 017-2730-09/JA as submitted by Ocean Gate General Contractors, Inc., West Construction, Inc., and Brang Construction Incorporated. The following review examines completeness of bid information submitted and documented understanding of the project. Items are listed per bid section and discussion focuses on comparing and contrasting information provided by these three bidders. It does not constitute a review of compliance with City or other jurisdiction's codes or requirements, nor does it include a review of or research into any additional information beyond what has been included in the bids as mailed by the City to our office. This review does not make a recommendation of a contractor to the City, nor does it consider other bids received by the City. OVERALL All three bidders completed the forms in a clear and professional manner. Brang Construction's bid was particularly well organized and neat. BID PROPOSAL (BP-##) All three bidders received Addendum No.1, 2, and 3, Ocean Gate General Contractors, Inc. submitted the lowest bid at a grand total of$1,925,000, West Construction, Inc. submitted the next lowest, at $1,943,000 total, or $18,000 higher than Ocean Gate. Brang Construction submitted the third lowest, at $1,993,000, or $68,000 higher than Ocean Gate. West Construction's bid price for Additive Alternate No.1, the wall-sign upgrade, was approximately twice that of the other two bidders. Ocean Gate General Contractor's bid price for Additive Alternate No.2, the addition ofthe water feature, is approximately $27,500 and $33,000 lower than the other two bidders. -----.--.-- P:\2D\20074. Diy of Boynton Beach Congress Pk CO'sITechnicaIIBiddingIMemo-Congress Ave Park Sid Review REVISED,doc SUPPLEMENTAL UNlTPRICES Item No.2, Picnic Table- Ocean Gate Contractors lists nearly twice the material cost of the other bidders. Item No.6, Water Fountain-West Construction lists nearly twice the overall cost of the other bidders. Item No. 10, Site Lighting Type 'A'- West Construction lists approximately $700 more overall on each light than the other bidders. Item No. 17, Picnic Pre-Engineered Canopy- West Construction lists approximately $15,000 more than the next lowest bidder. Item No. 18, PIP Play Surfacing- Ocean Gate Contractors lists $3/SF more than the other contractors. Item No. 19, PIP Mulch Play Surfacing- Ocean Gate Contractors lists approximately $4/SF more than the next lowest bidder. Item No. 20, Play Turf- Ocean Gate Contractors lists approximately $3/SF more than the lowest bidder. Item No.2], Settlement Structure- West Construction lists approximately $12,000 less to install this equipment than the next lowest bidder. Item No. 23, Home/Ocean Structure and Item No. 24, Wiggle Walk- West Construction does not list a price for either ofthese items. Item No. 24, Wiggle Walk- Ocean Gate Contractors lists $2,500 less than Brang Construction. Item No. 32, Shade Structures- Ocean Gate Contractors lists approximately $13,000 total less than the next lowest bidder. BIB-I. BID BOND All bidders list a 5% Bid Bond. SBQ-l&2. BIDDER'S QUALIFICATIONS The bonding capacity of the three companies is different. Ocean Gate Contractors has been in business under this name for eight years, while the other two companies have more than 22 years under their names. Ocean Gate Contractors lists similar project types to Congress Ave. Park within 'Experience in performance' and provides the required infonnation for each project. West Construction provides a more detailed list of projects and also shows comparable projects to Congress Ave. Park. They have completed the most expensive projects overall as compared to the other bidders' project lists. Brang Construction also has a complete and comparable list of projects and bas included additional infonnationlproject sheets on several. West Construction lists no lawsuits. Brang Construction lists one lawsuit and provides a seemingly complete explanation. Ocean Gate Contractors does not directly answer this question, and the City may want more infonnation relative to their statement that they have 'various mechanical and non-material liens that occur in the nonnal course of business' . MOB-I. MINORITY OWNED BUSINESS West Construction is a 'Small/Woman Business Enterprise' and is specifically primarily woman- owned. BSI-I. SITE INSPECTION All three bidders attended the mandatory site inspection. I P:\20\20074 - Cily of Boynton Baach Congress Pk CD'sITechnlcanBidding\Mamo-Congre.. Ave Park Bid Review REVlSED.doc TSA-I, TRENCH SAFETY ACT Ocean Gate Contractors lists their trench costs as approxim8.lel\ S6,OOO higher than the nc;,! c 10seSl bidder. SSCfMBE-1, SUBCONTRACTOR/MBE PARTICIPATION Ocean Gate Contractors list a total of 65.7% of the work to subcontractors. but their list includes themselves as providing 32% of this 65.7%. It is unclear how much of the work they will he completing themselves - is it 32% of the total, or 32% plus 34.3% for 66,3~oq West Construction lists a total of 20.1 % of the work as provided by subcontractors. while Brang lists a total of 45.8%. SCHEDULE OF WORK I am unsure of if a schedule of \\ork \\as a required submittal within this bid_ West Construction did not include a projected schedule of work. Ocean Gate Contractors provides a bar chart showing anticipated completion in early to mid December 2009. Brang Construction includes a very detailed schedule sho\ving anticipated cumpletion b) Decemhl:r 23,2009, Jody, please let us know if you need anything further or would like to disclISS any ol"the above items. Thank you for the opportunity to review these bids, and we look rom ard to the start 01 construction on this exciting project. I Sincerely. L ~:1dIt/J![; J/lUi/ftu Elisabeth Manley ~ p ',,20\20070:: - c;~v of Boynwn Beech Congress Pk CO's,! cCllnlcal\Hlddlr)g\Merno-C~:lq(es!' A.'1';l f '~-j'f' f~l::: R..,., 'l::'.', ".'1''-; '.::. ~ **~ J!IT '--~T RESPONSIVE, RESPONSIBLE BIDDER WHO MET ALL SPECIFlCAT\IONS*r.r-- Carol Doppler, CPPB, Pur hasing Agent Superintendent BID: CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE P AYGROUND "Offers from the vendors listed herein are the only offers BID: DUE DATE: FEBRUARY 11, 2009 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 # 017-2730-09/JA if any. are hereby rejected as late" _~ ~ --:i ~ 'I:: .~ VENDORS JMW CONSTRUCTION CORP. OCEAN GATE GENERAL CONTRACTORS, INC. THE COLLAGE COMPANIES CONST. 4163 ARTESA DRIVE 2854 S.E. FEDERAL HIGHWAY 585 TECHNOLOGY PARK BOYNTON BEACH, FL 33436 STUART, FL 34994 LAKE MARY, FL 32746 PH: (561) 752-0480 PH: (772) 283-6744 PH: (407) 829-2257 FAX: (561) 752-0481 FAX: (772) 283-1538 FAX: (407) 829-2258 CONTACT: JOHN M. WILLE CONTACT: MARK MACDONALD CONTACT: BRAIN A. WALSH ADDENDUM #3 SUBMITTED YES YES YES ADDENDUM #2 SUBMITTED YES YES YES ADDENDUM #1 SUBMITTED YES YES YES ORIGINAL AND FOUR (4) COPIES SUBMITTED YES YES YES LUMP SUM BID PRICE FOR BASE BID $2,415,500.00 $1,860,000.00 $2,187,000.00 LUMP SUM BID PRICE FOR ADD.AL T NO.1 $12,000.00 $8,000.00 $4,250,00 LUMP SUM BID PRICE FOR ADD. AL T NO.2 $87,000.00* $57,000.00 $68,298.00 GRAND TOTAL: BASE BID AND ADDITIVE AL TERNA TE NO.1 AND AL TERNA TE NO.2 $2,514,500.00 $1,925,000.00 $2,259,548.00 5% BID BOND SUBMITTED YES/FIRST SEALORD YES/FIDELITY AND DEPOSIT YES/THE HANOVER SURETY, INC. COMPANY OF MARYLAND INSURANCE COMPANY STATEMENT OF BIDDERS QUALIFICATIONS SUBMITTED YES YES YES BIDDER'S SITE INSPECTION SUBMITTED YES YES YES NON-COLLUSION AFFADAVIT SUBMITTED YES YES YES CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND BID: CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND "Offers from the vendors listed herein are the only offers BID: DUE DATE: FEBRUARY 11,2009 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 # 017-2730-09/JA if any, are hereby rejected as late" VENDORS JMW CONSTRUCTION CORP. OCEAN GATE GENERAL CONTRACTORS, INC, THE COLLAGE COMPANIES CONST, 4163 ARTESA DRIVE 2854 S,E. FEDERAL HIGHWAY 585 TECHNOLOGY PARK BOYNTON BEACH, FL 33436 STUART. FL 34994 LAKE MARY, FL 32746 PH: (561) 752-0480 PH: (772) 283-6744 PH: (407) 829-2257 FAX: (561) 752-0481 FAX: (772) 283-1538 FAX: (407) 829-2258 ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES TRENCH SAFETY ACT AFFADAVIT ,,------ --.-- SUBMITTED YES YES YES -- SAFETY PROGRAM COMPLIANCE SUBMITTED YES YES YES -~-_._- ~,~~- -.- . _~.~,._~._.'c__.__._~,., ,___.__._~ _,.,'_".'." --- SCHEDULE OF SUBCONTRACTORS SUBMITTED YES YES YES .., "-~-- ---"-, _"'m~~~_ .. --.-.----., --- f----~- ..,,_.~ ,-,.-- -,.,,--- .----,-- ---,.----.- -.." ._-~-,='---'-~'~'--- .- HORIZONTAL BAR CHART SUBMITTED YES YES YES '----- ~----- ..',-- --,-,---~-,---- .--- -_._-,,~~ -- ---- --,---..,-------.-- ,,-.- ---,-----..~-- LICENSES SUBMITTED YES YES YES ~_____,_.. __'n '_"'_~'__.' ,_ ~.._ - -~------ '-..---.. *SEE COMMENTS -'----'- _..~_.._,".~---- ..,--'_.-..~,..-,.~ - ~------ COMMENTS ON PROPOSAL* "'-....-".-.,.-..--- ,_.~ --_.._-~~-,-_._._- ~ .._~, -~--_._--_._--------- ._..~- ~~--- "~-~..__.,-_.. -~-'. _.__~J r,nr ISTRUC nON OF CONGRESS AVE~~ _ BARRIEr~ FF~EE PL~YGROUND BID: CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND "Offers from the vendors listed herein are the only offers BID: DUE DATE: FEBRUARY 11,2009 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 # 017-2730-09/JA if any, are hereby rejected as late" VENDORS BRANG CONSTRUCTION INC. COASTAL CONTRACTING & DEV, INC DI POMPEO CONSTRUCTION CORP. 4300 OAK CIRCLE 807 N.NORTHLAKE DRIVE 2301 NW. 33RD CT.UNIT #102 BOCA RATON, FLORIDA 33431 HOLL YWOOD, FL 33019 POMPANO BEACH, FL 33069 PH: (561) 368-3180 PH: (954) 920-7444 PH: (954) 917-5252 FAX: (561) 368-3188 FAX: (954) 927-4480 FAX: (954) 974-4646 CONTACT: JAMES R. FEDELE CONTACT:GARYJ,MCGEDDY ADDENDUM #3 SUBMITTED YES YES YES ADDENDUM #2 SUBMITTED YES YES YES ADDENDUM #1 SUBMITTED YES YES YES ORIGINAL AND FOUR (4) COPIES SUBMITTED YES YES YES LUMP SUM BID PRICE FOR BASE BID $1,894.000.00 $2,456,780.00 $2,333,000.00 LUMP SUM BID PRICE FOR ADD.AL T NO,1 $9,000.00 $13,500.00 $6,600.00 LUMP SUM BID PRICE FOR ADD. AL T NO.2 $90,000.00 $82,000.00 $18,000.00 GRAND TOTAL: BASE BID AND ADDITIVE AL TERNA TE NO.1 AND AL TERNA TE NO.2 $1,993,000.00 $2,552,280.00 $2,357,600.00 5% BID BOND SUBMITTED YES/OHIO CASUALTY YES/THE HANOVER YES/HARTFORD CASUAL TY INSURANCE COMPANY INSURANCE COMPANY INSURANCE COMPANY STATEMENT OF BIDDERS QUALIFICATIONS SUBMITTED YES YES YES BIDDER'S SITE INSPECTION SUBMITTED YES YES YES NON-COLLUSION AFFADAVIT SUBMITTED YES YES YES CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND BID: CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND "Offers from the vendors listed herein are the only offers BID: DUE DATE: FEBRUARY 11,2009 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 # 017-2730-09/JA if any, are hereby rejected as late" VENDORS BRANG CONSTRUCTION INC, COASTAL CONTRACTING & OEV, INC 01 POMPEO CONSTRUCTION CORP, 4300 OAK CIRCLE 807 N,NORTHLAKE DRIVE 2301 N.W, 33RD CT,UNIT #102 BOCA RATON, FLORIDA 33431 HOLLYWOOD, FL 33019 POMPANO BEACH, FL 33069 PH: (561) 368-3180 PH: (954) 920-7444 PH: (954) 917-5252 FAX: (561) 368-3188 FAX: (954) 927-4480 FAX: (954) 974-4646 ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS -,-~.,"._- CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES "_..~- ~-~_.- --- --, - --- ., ~-- . -----,---- ~--------_. ----,,--- TRENCH SAFETY ACT AFFADAVIT SUBMITTED YES YES YES - __'A _____ SAFETY PROGRAM COMPLIANCE SUBMITTED YES YES YES -.-.-. -.-..-- ----------- .. ---"---_.--~---- ---- - ~ ---,-----,- ....,~_.~------ .. ,_ _.._~.....__W__~m --- SCHEDULE OF SUBCONTRACTORS SUBMITTED YES YES YES -_.,,- ----~ -. -"--~~ . --'--- ----~------------------_.,- '--'- 1-, -~- -'"...-----.-----.-.-- ,,---.....,--- HORIZONTAL BAR CHART SUBMITTED YES ----,--- YES ~_._- YES ,.---------. '--'--"'- ---- 1--'------------_.. ~_._----_._-,.__._.,._--- ------,----- LICENSES SUBMITTED YES ,.,_.._.__.______,_..__..... ___YES . .________.. _________ ~..... YES ~-- --~---_._"._...."._.'",..._~._.._"_._._---~-_.,. - -- __ ,..__,....",."_.....~o,,_ _~_..~.,.. COMMENTS I -~-- -------.--,- _._--_.__._----~._--,----~.._---_.._.._- .- .. - -".-- -_._~-..,~, -'---'---"- - ____________J CONSTRUCTION OF CONGRESS A, .UE BARRIER FREE PLAYGROUND BID: CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND "Offers from the vendors listed herein are the only offers BID: DUE DATE: FEBRUARY 11, 2009 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 # 017-2730-09/JA if any, are hereby rejected as late" VENDORS WEST CONSTRUCTION 318 S. DIXIE HIGHWAY, STE 4-5 LAKE WORTH, FL 33460 PH: {561} 588-2027 FAX: {561} 582-9419 CONTACT: MARTHA A. MORGAN ADDENDUM #3 SUBMITTED YES ADDENDUM #2 SUBMITTED YES ADDENDUM #1 SUBMITTED YES ORIGINAL AND FOUR {4} COPIES SUBMITTED ONE ORIGINAL AND THREE COPIES LUMP SUM BID PRICE FOR BASE BID $1,843,500.00 LUMP SUM BID PRICE FOR ADD,AL T NO,1 $15,000.00 LUMP SUM BID PRICE FOR ADD, AL T NO.2 $84,500.00 GRAND TOTAL: BASE BID AND ADDITIVE AL TERNA TE NO.1 AND AL TERNA TE NO.2 $1,943,000.00 5% BID BOND SUBMITTED YES/WESTERN SURETY COMPANY STATEMENT OF BIDDERS QUALIFICATIONS SUBMITTED YES BIDDER'S SITE INSPECTION SUBMITTED YES NON-COLLUSION AFFADAVIT SUBMITTED YES CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND BID: CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND "Offers from the vendors listed herein are the only offers BID: DUE DATE: FEBRUARY 11, 2009 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 # 017-2730-09/JA if any, are hereby rejected as late" ---,---- VENDORS WEST CONSTRUCTION 318 S. DIXIE HIGHWAY, STE 4-5 LAKE WORTH, FL 33460 PH: (561) 588-2027 FAX: (561) 582-9419 ANTI-KICKBACK AFFIDAVIT SUBMITTED YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/YES PBC CERTIFIED ---- -- CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES .---- _'0__-------' ~__..,'"'~,_~._.._._. .., W' .~....,.'.".____.. "..~.___<,_ _____,~.. __. TRENCH SAFETY ACT AFFADAVIT SUBMITTED YES - SAFETY PROGRAM COMPLIANCE SUBMITTED YES _._,._.,--_._-~'._~-~--_..~-~--- .__.__,,_._,__,____"__'^.~T_"_..___._.,.._,__._.<.,_.__._ ---~~---~~-_.~_.~ SCHEDULE OF SUBCONTRACTORS SUBMITTED YES ~'.__....._...h_ '...,- - .-...--- HORIZONTAL BAR CHART SUBMITTED NO ,_._,~,.~. .~.,---_.~._,---- -------_._-_._--,..~--'~"-- -~-,..- LICENSES SUBMITTED YES .._.~-,.- "<'-"-'~'-~"--^-'--'-----"-- COMMENTS --~.~~- ,_-",,~"----"-'- _..._~_._-~ ,-,,- --..------...--.-..--, "'-.-----..--"., ..-.--. -----~.- _._--~~~-_.~" ., -,.,.~,."-_._.....,._..._- CONSTRUCTION OF CONGRESS AVe ..IE BARRIER FREE PLAYGROUND BID TITLE: CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE PLAYGROUND BID NUMBER: 017-2730-09/JA PROJECT NUMBER: CP0617 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 5th day of Mav, 2009, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and OCEAN GATE GENERAL CONTRACTORS. INC. a Florida Corporation eX-1 Check One a Florida General Partnership ~ a Florida Limited Partnership ~ a Sole Proprietor ~ hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE PLAYGROUND WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 11 th day of Februarv, 2009, for the total bid amount of $1.925.000.00. which includes Alternate No. #1 and Alternate No. #2. WHEREAS, On the 5th day of Mav, 2009, the City Commission reviewed the bids submitted and found that the Contractor's bid, in addition to being the lowest bid, was fully responsive to the bid request. The Commission also found, based on the information contained in the bid and the background check information obtained by the City staff that the Contractor is responsible and capable of completing the project. WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 275 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C - 1 Utilities Department Rev, 12/30/03 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1,1, The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2, The "Contract Documents" are the compilation of the followmg individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Comract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Technical Specifications 2.2.10. Contract Drawings and Plans 2.2.11. Addenda 2.2.12. Written directives or interpretations 2.2.13. Manufacturers warranties I, _:. Utilities Department Rev, J 2/30/03 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. C - 3 Utilities Department Rev. 12/30/03 3. i. j ], Perform such other tasks as set forth in the Contract Documents. 3, I, 12, Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 3,2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2" Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 275 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5,3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR'S bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfi 1. C-4 Utilities Department Rev. 12/30/03 6. LIQUIDATED DAMAGES 6.l. The CONTRACTOR further agrees to pay $ 500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY'S issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 275 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.l. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.l. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification C - 5 Utilities Department Rev, 12/30/03 required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8,3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification prOVISIOn, and the msurance provision contained In the General Conditions for C onstructi on are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents, 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. 10.2, All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10,3, Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was C - 6 Utilities Department Rev. 12/30/03 done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is Bruce Hall. Glattinl! Jackson Kercher Anl!lin The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.2. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.3. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager, Jodv Rivers. Parks Superintendent who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document C -7 Utilities Department Rev. 12/30/03 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion ofthe work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are ofthe essence of the Contract. 15. REMEDY FOR DELAY 15.I. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 15.3, Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a WaIver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4, All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIMEINO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the C - 8 UtilitIes Department Rev_ 12/30/03 appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed CONTRACTOR in the presence of: President or Vice President Attest as to CONTRACTOR State of Florida ) ) sis: County of Palm Beach ) On this day of , 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: c- 9 Utilities Department Rev, 12/30/03 . BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: Bid Title: CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE PLAYGROUND Bid Number: # 017-2730-09/JA - Bid Received By: JANUARY 13, 2009, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: January 13, 2009, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Ocean Gate General Contractors, Inc Federal J.D. Number: 65-1084099 .- A Corporation of the State of: Florida Area Code: 772 Telephone Number: 283-6744 Area Code: 772 FAX Number: 283-1538 Mailing Address: ?R'\4 ~ F Ff>rlf>r~1 HigJ;l'xra~T -- City/State/Zip: Stuart. Florida 34994 Vendor Mailing Date: Delivered by Hand // r-- '7 Mark MacDonald. President Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA. I t ,1; ADDENDA ~._- CITY OF BOYNTON BEACH FLORIDA BID TITLE: Construction of Congress A venue Harrier Free PI~Y8r()Jmri' Riri ## nl 7-2730-09/r A - BIDDER: Ocean Gate General Contractors, Inc. -- DATE SUBMITTED: February 11, 2009 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: 0.._- David Barth, Project Manager with Glatting Jackson Kercher Anglin, Inc. (Name of Project Manager/Architect/Consultant) - -- and having examined the project site (when indicated in these specifications to do ~o), 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 One Jan. 6.2009 Two Jan 26. 2009 ~- .- Three Feb. 3.2009 -.-. - - -- THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-I REVISED BID PROPOSAL: CONGRESS A VENUE BARRIER FREE PLAYGROUND The Bidder agrees to accept as full payment for the: CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE PLAYGROUND BID #017-2730-09/JA ScoDe of Work. Base Bid: Bidder will complete the Work in accordance with the Contract Documents for the following price. This LUMP SUM BID PRICE FOR BASE BID includes the scope of all Work shown on the plans and described within the specifications. LUMP SUM BID PRICE FOR BASE BID $ I, ftLO/JOu. 00 0.< ~.~~ Cents DOIlarsand~ (amount written in words has precedence) ScoDe of Work. Additive Alternate No.1: Bidder will complete the Work in accordance with the Contract Documents for the following price. This ADDITNE ALTERNATE NO.1 price includes the upgrade of Wall 'A' to a sign wall with up-lighting, to be designed by the City. See Detail 3/HS-17, LUMP SUM BID PRICE FOR ADD. ALT. NO.1 $ 8.000.00 Eight Thousand Do Ilars and no/ Cents (amount written in words has precedence) ScoDe of Work. Additive Alternate No.2: Bidder will complete the work in accordance with the Contract Documents for the following price. This ADDITNE ALTERNATE NO.2 price includes the purchase and installation of the Water Feature. See Detail WF 01 in the drawings. LUMP SUM BID PRICE FOR ADD. ALT. NO.2 $ 57.000.00 Fifty Seven Thousand Dollars and No/ Cents (amount written in words has precedence) BP-l THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE W .1 $ GRAND TOTAL (Base Bid and Additive Alternate No.1 and I Alternate No.2) 1+1'2.$,OiXJ, Do Ok~ ~LtI~_~~ Dollars and fA2 I Cents (amount written in words has precedence) BP-2 TIDSPAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SUPPLEMENTAL UNIT PRICES 1. The Owner reserves the right to purchase or furnish selected materials. 2. The Owner also reserves the right to install selected materials, in which cast the Contractor shall remain responsible for coordination/scheduling with the Owner on said materials. 3. If the Owner elects to authorize extra work or changes in the work, the unit prices quoted below by the Contractor shall apply and shall be the basis of any Change Order. 4. The Owner reserves the right to add or deduct any work and material at their sole discretion and shall establish extra costs or credits based on the Contractor's unit prices quoted. 5. Material costs' shall include material and delivery to the site only, exclusive of any other materials needed for installation. 6. Installation costs' shall include all required for installation, including but not limited to product storage, signed and sealed engineering drawings, supplies, and labor and materials, 7. Numbers, notes, or abbreviations within 'description' refer to finish schedule items, legends, or symbols/abbreviations as listed within the Contract Documents. I -------; ITEM MATERIAL INSTALLATIOl\ I NO i DESCRIPTION UNIT COST COST I 1. Bench (DI) EA $949.99 $110,00 2. Picnic Table (EI) EA $1,399.00 $250.00 3. Pavilion Picnic Table (FI) EA $941.75 $150.00 4. Trash Receptacle (G 1) with liner and concrete EA , Ipad $492.99 $98.00 5. Bike Rack (HI) EA $112,81 $50.00 Water Fountain (11), free-standing with Concrete pad, EA 6. drainage pipe and sump, & 100 LF I I pipe connection I $2,358.98 $250.00 7. Movable Table (JI) EA $595.00 $40.00 8. Movable Chairs (KI) EA $234.47 $40.00 9. Market Umbrella with Stand (LI & MI) EA $368.47 $40.00 10. Site Lie:htine:, Lie:ht type 'A' EA $3,530.00 $137,00 11. Site Lie:htine:, Li2ht type 'B' EA $4,758,00 $180.00 12. Site Lie:htine:, Li2ht type 'C' I EA $573.00 $60,00 13. Site Lie:htinl!, Light type 'D' EA $317,00 $45.00 14. Site Lil!htinl!, Light type 'E' EA $649.00 $60,00 15. Site Lighting, Light type 'G' EA $674,00 $13"1.00 16. Restroom Pavilion Pre-Ene:ineered Canopv EA $43,068.00 $5,304.00 17. Picnic Shelter Pre-Engineered Canopy EA $27,796.00 $1,920,00 18. Poured-in-olace play surfacine: (AI) SF $10.06 $2.00 19. Poured-in-olace mulch plav surfacinl! (CI) SF $14.36 $2.00 20. Play Turf surfacin2 (BI) i SF $10.00 $2.00 21. Play Eouioment, Settlement Structure (N1) ! EA $165,106.00 $41.276,00 22. Plav Eouioment, EVOS Structure (01) EA $44,465.00 $11,116.00 23. Play Eouioment, Home/Ocean Structure (PI) EA $24,900.00 $5,900.00 24. Play Eouioment, Wig2Ie Walk (QI) EA I $4,200,00 $700,00 BP-3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER W.D IHn PAru Ar:F Tn RF ('nNr.;:Tn1<'R1<'_n (,OMPI.FTF AND ACCEPTABLE , I , ITEM MATERIAL INSTALLATION NO DESCRIPTION UNIT COST COST 25. Play EQuipment, Curved Balance Beam (RI) EA $694.00 $173.00 Play Equipment, Double Bay Arch Swings (SI) With EA 26. (2) Molded Bucket Seats (Tl) and (2) Slash Proof Belt Seats (VI) $4,711.00 $1,170.00 27. Play EQuipment, Saddle Spinner (VI) EA $886.00 $221.00 28. Play EQuipment, Orbital Spinner 2 (WI) EA $3,068,00 $767.00 29. EA Play EQuipment, Sway Fun (Xl) with Bride:efRamp $28,456.00 $7,114,00 30. Play Equipment, Toddler Swing (VI) with (2) Molded EA Bucket Seats (TI) $1,312.00 $328.00 31. Play EQuipment, Tire Swine: (Zl) EA $2,958.00 $739,00 32. Playe:round Shad Structures EA $48,990,00 $19,950.00 BP-4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE Date: Februarv 11. 2009 or Individual Mark MacDonald Printed Name President Title (772) 283-6744 Telephone Number c~~ /ja c: Jody Rivers All Planholders File 11 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE ~ r Bid Proposal continued.... The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall achieve Substantial Completion without interruption within 275 calendar days thereafter. ~ Original and four (4) copies of bid submitted. ~ Attached is a computer generated horizontal bar chart showing proposed schedule of work. - - -2L Schedule of Subcontractors submitted. -- ~ Site Inspection Form submitted. ~ Evidence of possession of required licenses and/or business permits submitted. - - The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specificat~ons and drawings. - 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. ...0 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. -"- BP-5 TillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) --- KNOW ALL MEN BY TIffiSE PRESENTS, that Ocean Gate General Contractors, Inc. as Principal, and Fidelity and Deposit Company of Maryland , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach - -- In the' penal sum of Five Percent of Amount Bid - Dollars ($ 5% ) lawful money of the United States,.fQI the payment of which sum \.\'ill -- and truly to be made, we bond ourselves, our heirs, executors, administrators, arid successors, - jointly and severally, finnly by these presents, THE CONDmON OF TIllS OBLIGATION IS SUCH, that whereas the Principal has ,""- submitted the accompanying bid, dated January 30 , 20---.92, for: - "CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE PLAYGROUND" .. ..~ -..- NOW TIIEREFORE, - A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the - ,. Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect ".-' --- BIB - 1 'J . B. In the event of the withdrawal of said Bid within the period specified, or the failure to .. - enter into such Contract and give such bonds withfu. the time specmed, if the principal shall pay the Owner the difference between the amount specified in said Bid and the -- amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. .,- C. This bond is given to comply with Section 255.05 Florida Statutes, and any action . ,- instituted - by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. .-- IN 'WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this ~ day of January,- 2009 , being hereto affixed and ,-- these presents duly signed by its undersigned representative, pursuant to authority of is governing body. . --- WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). .-. - -, ._----, ---- - ..-- - . (If Corporation, Secretary bJ?1y,willattest and affix seal). .-- PRINCIPAL: ucean Gate General Contractors, Inc. -- Name of Firm -..- .- l -..- 2854 SE Federal Hwy. Business Address v"_ Stuart, FL 34994 City and State -- BIB - 2 ...- - SURETY: --- Fidelity and Deposit Company of Maryland Corporate Surety WITNESS: ' As Per Attached Power of Attorney ~ ~. Attorney-in-fact (affix seal) , Brett Rosenhaus, Attorney in Fact 3910 Keswick Rd., 4th Floor Business Address Baltimore, MD 21211 City State Nielson, Rosenhaus & Associates Name ofl-ocal Insurance Agency . - -- ~- , - --- BIB - 3 II t- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~}J~~ ~du;<;~ By: Eric D. Barnes Assistant Secretary Theodore G. Martinez State of Maryland } City of Baltimore ss: On this 24th day of February, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, carne THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written, ~/~j-J Dennis R, Hayden Notary Public My Commission Expires: February 1,2009 r'"\r"t. ^ ,.. "...,... 1"\1"\"'''''' , t CERTIFICATE AS TO CORPORATE PRINCIPAL 1, Mark MacDonald, President , t --- as PrinCIpal in the within bond; that Mark MacDonald who signed the said Bid Bond on behalf of the PrincIpal, was then President of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Mark MacDonald, Presid t -- Secre (corporate seal) STATE OF FLORIDA I -. .- COUNT'{ OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared Brett Rosenhaus to me well known, who be:ing by me first duly sworn upon oath, says Fidelity and Deposit Company -- that he is the Attorney-in-Fact, for the of Maryland and that he has been authorized by Them to execute the foregoing bond on behalf of the , - Contractor named therein in favor for the Owner, the City of Boynton Beach. ,"~'~:',:~>:, I ~ ~ .-'<:J'~- ;,--~C""'_ .a..'lOIJ 1 a" ;;'7"~,,;:-,:: '".,~. :' 1._- _ : fuDc)'!K' :l, ~,."\~~~\9 ,\ w" w, ~~~ ~ ; :', _ ~: Bm. -+ . ' n ~ tt L~t_,jfIo ' ~ta- --,-- rtba ~-' ~-..............: , . - , ~ .." ..: . IDtpartment of t;tatl' I certify from the records of this office that OCEAN GATE GENERAL CONTRACTORS, INC. is a corporation organized under the laws of the State of Florida, filed on January 11, 2001. The document number of this corporation is P01000005283. I further certify that said corporation has paid alf fees due this office through December 31, 2008, that its most recent annual report/uniform business report was filed on April 9, 2008, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the CaRito!, this the Ninth day of Apnl, 2008 n ~ ~. ~rafn' _ ~ ccr.etarn of -Siafe ':J CR2E022 (01-07) ~ '":> v ~ U - C ~ c.::i C~ ~ C 1t STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of infonnation. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information L Name of Bidder: Ocean Gate General Contractors, Inc. 2, Business Address: 2854 S.E. Federal Highway Stuart, Florida 34994 3. When Organized: January I l, 200 I 4, Where Incorporated: Florida 5. How many years have you been engaged in the contracting business under the present firm name? Eight Years, Since 200 I 6, General character of work performed by your company. Ocean Gate General Contractors, Inc. is a Certified General Contractor with ;'l rJprth nf ('xperience in the public sector. We have earned a reputation of outperforming competitors in completion time and cost while maintaining the hi~hest level of quality of Cf;'lft"m;'ln"hir P'llly II third of the projects Ocean Gate undertakes are for public entities, with a large portfolio of parks similar to this project With Ocean Gate General Contractors, Inc. there is no leilminr Cllrvp \,\If' ul'lnt to work vrith the Ci~ of Boynton Beach. 7. Enclose evidence of possession of required licenses and/or business permits. (Enclosed) 8. Number of employees. Ocean Gate General Contractor employs 11 fnll timp professionals 9. Background and experience of principal members of your personnel, including officers. * (Resumes of Key PersOlmel are attached) 10. Bonding capaCIty. $ 1 5,000.000 per project. and $30.000,000 aggregate II. Have you ever defaulted on a contract? If so, where and why?* No. TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 1 .. STATEMENT OF BIDDER'S QUALIF1CATIONS continued...... 12. Experience in performance. Project $ Value Contact Name Phone # Limestone Creek Park and $ 842,234.00 Mike Evans (561) 233-2453 Natural Area Palm Beach County South Beach Boardwalk Mr. Bob Hood, Director Ocean Park $ 916,477.00 City ofFort Pierce Public Works (772) 460-2200 ext. 400 Jonathan Dickinson State Park Michael Renard (850) 488-5372 Evironmental Center $ 2 800 000 00 Flnr;,b OFP Lake Louisa State Park $ 2,900,000.00 Ken Tilbury, Florida DEP (850) 488-5372 13. Contracts on hand. * $ 16,643,375.38 (Projects underway, and under contract) 14. Largest completed projects (include final cost). ---- I) Solid Waste Authority of Palm Beach County, South Central, and North County Transfer Stations ($4,717,896.00) 2) Rotortech Aviation Hanger and Administrative Offices ($4,076,015.00) 3) Galaxy "G" Aircraft Hanger ($3,474,869.00) 15. List all lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * 1) arose from construction proj ects: * Ocean Gate General Contractors, Inc. has various mechanical and non -material liens that occur in 2) occurred within the last 4 years: * the normal course of business. 3) provide case number and style: * Dated at: Stuart, Florida 20~ Name: Mark MacDonald (printed or typed) Title: President Rev. 05/30103 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 2 ~ r--- & ()(]~'j\N (JArl u__._.___.___ n _ -._".~_~ _ __.__,,____" ----..".,-...--. __'.u._ _u'. . ACtJ :{990S3~) ST~1!FFqFFLORIOA _,~' - c.""" "', I DEPARTMENT OF~~~ PROFESSIONAL REGULATION CONSTRU,;-",';::, TRY LICENSING BOARD SEQ# 1.08091001630 LI EN ~ ; I ---------------~ 09 10 200B 078161805 CGC062839:', ,< ~iit~i,,: The GENERAL CONTRACTOR, _<_ Named below IS CERTIFIED I, _'Wi:: Und~r tl;1e provisions of Cha~t~.~. Exp1rat1on date: AUG 31, 20 0 ':~,::~" m,;f ,..1ll'~("!\ll, " ., . ":<~f<' .' ,....d~t.:;~ MACDONALD, MARK DAVID 'IIj.:' ~, ~::'. OCEAN GATE GENERAL CONTRACT0Jl6 .ntc ,!;?1":' 2854 BE FEDERAL HWY _ _ ' STUART FL 34996 CHARLIE CRIST CHARLES W. DRAGO GOVERNOR DISPW\'y';ASREQUIRED BY LAW SECRETARY ~rUI$g, oe-O$2 ",::: .~ :\'.< - f;~I~~lil:1" "BUILDING ON OUR SUCCESS" .. A M"nlhftr at -:..~ ~w Nielson, Rosenhaus & Associates Nlso4 a';, Ie. THERE IS A DIFFERENCE. . . - February 9, 2009 Ms. Carol Doppler, CPPB Purchasing Agent City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard ... Boynton Beach, FL 33425-0310 Re: Ocean Gate General Contractors. Inc. Construction of Congress Avenue Barrier Free Playground 3111 S. Congress Avenue Boynton Beach} Florida Bid No. 017-2730-09/JA Est. Contract Amount: $1,000,000.00 Dear Ms. Doppler: This is to advise you that our office provides Bid, Performance, and Payment Bonds for Ocean Gate General Contractors} Inc. Their surety Is Fidelity and Deposit Company of Maryland which carries an A.M. Best Rating of A XV and listed in the Department of the Treasury's Federal Register. Their address is 1400 American Lane, Tower 1, 19th FL, Schaumburg, IL 60196; 800-382-2150 Based upon normal and standard underwriting criteria at the time of the request, we should be in a position to provide Performance and Payment Bonds for projects In excess of $15,000,000.00 for a single size range and $30,000,000.00 in the aggregate. We obviously reserve the right to review final contractual documents, bond forms and obtain satisfactory evidence of funding prior to final J commitment to issue bonds Ocean Gate General Contractors, Inc is an excellent contractor and we hold them in highest regard. We feel extremely confident in our contractor and encourage you to offer them an opportunity to execute any upcoming projects. This Jetter Is not an assumption of liability, nor is it a bid or performance and payment bond. It is Issued only as a bonding reference requested by our respected client. If you should have any questions, please do not hesitate to give me a call. "- Sincerely, ------- et Rosenhaus Florida Resident Agent Providing Bonds for the Construction Industry 4000 South 57th Avenue, Suite 201. Lake Worth, FL 33463 . Phone: 561,432.5550 . Fax: 561,432.5442 www,NlelsonBonds.com BIDDER'5 SITE I;\ISPECTION CONFJRl\1A TlO'\' Check One: o NON-MA\.TJATORY o MANDATORY BID ITTLE: CONSTRVCTI0N OF CONGRESS A VENUE BARRIER FREE PLAYGROUND BID NUIvfBER: # 017-2730-09/JA DATE: Febru~.lL_~..9_~ Chandler Aden, Vice President of Operations as an authojized represematl\'e of (Print Name and Title of Representative) Ocean Gate General Contr.actors,JQ.~____ (hereinafter called the bidder i located at (Print Name of Company) 2854 S,E. Federal Highway, Stuart, Florida 34994 - ----~-..- -- and that said -~--_._---- Company Address bidder has visited the site oftlle work and has carefully examined the plans and specifications said project and checked them in detail before submitting his bid or proposal p~~ Decem ber I 2008 "-~------~---_._--- n ~_._~..~__ __ __ __________" SIGNATURE OF COMPANY REPRESENT ATIVE NAMED ABOVE DA TE OF INSPECTION /_ -"'O:....JT\ L -___r'- _______________ -myNF1R'S REPRESENT A TIVE SIGNATURE FOR MANDATORY ONL\' '-- UtilitIes DepJ.nrnenl " ~--, \ :,(i; : BSl-l " r ~~ ~- NONCOLLUSION AFFIDAVIT OF PRIME BIDDER --- State of Florida ) h"'_ County of Martin ) Mark MacDonald , being first duly sworn, deposes and says that: -- 1) He is President of Ocean Gate General Contractors, Inc. , (Title) ~mneofCo~orationorFmn) -_.- 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 inferest, 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 The City of Boynton Beach (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, . uding this affiant. DIANE M. GONZALEZ -- ~otary Public, State ot FlorIda y comm. expo Aug. 26, 2010 (Signed) ...- " Comm. No. DD 579463 -- /f!1wCtt~~--~- ,/1 (Tit! Subscribed and sworn ~i~e -- This ~ day of February ,20~ My commission eXPiresv-duj .!)(Pr ..20/0 TIDS PAGE TO BE SUBMITTED ALONG WITII BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NCA - 1 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) 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: Sworn and subscribed before me this lith day of February, 20 ~ Printed Information: Mark MacDonald NAME r President -- TITLE Ocean Gate General Contractors. Inc. COMPANY DIANE M. GONZALEZ Notary Public, State of Florida My comm. expo Aug. 26, 2010 Cornm. No. DO 579463 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE i\KA - 1 CONFIRMATION OF MINORITY OWNED BUSINESS - -- A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return -,-- this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box: ."-- ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE _u 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 Tms PAGE TO BE SUBMITTED ALONG WIm PROPOSAL - - MOB - 1 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs, Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services" a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation oftms section. As the person authorized to sign the statement, I certify that . firm complies fully with the above requirements. Ocean Gate e . Inc. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW - 1 TRENCH SAFETY ACT AFFIDAVIT - On October 1, 1990, House Bill 3183, mown as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFRS.1926.650, as Florida's own standards. -- The Proposer, by virtue of his signature below, affIrms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all - persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the - applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE V ARlOUS ITEMS OF THE -- PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT -- BE PAID SEP ARATEL Y. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. --.-- IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, LE. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Ocean Gate General Contractors, Inc. Mark MacDonald, President --- Name of Proposer --- -- *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method - Shore / Bench SF 1,000 $10.00 $10.00000 - TmS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA - 1 '. SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following a.S.H.A. guidelines, and documented results establishing a safe working environment. L Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this fonn). 2. The City reserves the right to conduct periodic safety inspections of the contractor. subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by a.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. Ocean Gate General Contractors, Ine, THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPC - 1 ~~ Ocean Gate General Contractors, Inc. 2854 S.E. Federal Highway . Stuart, Florida 34994 . (772) 283-6744 . Fax (772) 283-1538 Lie. No CG-C062839 CORPORATE SAFETY AND HEALTH POLICY STATEMENT The personal safety and health of each employee of Ocean Gate General Contractors, Inc" is of primary importance. The prevention of occupationally induced injuries and illnesses is of such consequence that it will be given precedence over operating productivity whenever necessary. To the greatest degree possible, management will provide all mechanical and physical facilities required for personal safety and health in keeping with the highest standards. Ocean Gate General Contractors, Inc, will maintain a Safety and Health Program conforming to the best practices of our construction industry. To be successful, such a program must embody the proper attitudes toward injury and illness prevention on the part of both management and employees. It also requires cooperation in all safety and health matters, not only between management and employee, but also between each employee and his fellow workers. Only through such a cooperative effort can a safety record in the best interest of all be established and preserved. OUR SAFETY AND HEALTH POLICY WILL INCLUDE: . Providing mechanical and physical safeguards to the maximum extent that is possible. . Developing and enforcing safety and health rules as per OSHA, that all employees cooperate with these rules as a condition of employment. . Conducting a program of safety and health inspection to find and eliminate unsafe working conditions or practices; to control health hazards and to comply fully with the safety and health rules for every job. . Training all employees in good safety and health practices. . Investigating promptly and thoroughly every accident to find out what caused it and to correct the problem to prevent recurrence. We recognize that the responsibility for safety and health are shared: Supervisors are responsible for developing the proper attitudes toward safety and health in themselves and in those they supervise and for the safety and health of all personnel involved. Employees are responsible for wholehearted, genuine cooperation with all the aspects of the safety rules and health program. This includes, but is not limited to compliance with safety rules and regulations set down by Federal, State and Local OSHA Standards and laws while performing their duties. SAFETY MANUAL TABLE OF CONTENTS OSHA ACT OF 1970 / RECORDKEEPING SECTION 1 ABRASIVE BLASTING SECTION 2 CONFINED SPACE ENTRY SECTION 3 EXCA VA TION & TRENCHING SECTION 4 FALL PROTECTION SECTION 5 FIRE PROTECTION SECTION 6 FORK LIFT / POWERED INDUSTRIAL TRUCKS SECTION 7 HEARING CONSERVATION SECTION 8 ILLUl\HNA TION SECTION 9 HAZARDOUS COMMUNICATION SECTION 10 LADDERS SECTION 11 LOCK OUT - TAG OUT SECTION 12 DRIVERS POLICY SECTION 13 MOBILE CRANES AND HOISTS SECTION 14 PERSONNEL LIFTING / PERSONNEL PLATFORMS SECTION 15 RESPIRA TORY PROTECTION PROGRAM SECTION 16 SANITATION SECTION 17 SCAFFOLD SECTION 18 I' TOOL SAFETY / BAND AND POWER SECTION 19 ACCIDENT AND INCIDENT REPORTING SECTION 20 PERSONAL PROTECTION EQUIPMENT SECTION 21 BACK SAFETY SECTION 22 FIRST AID SECTION 23 BLOODBORNEPATHOGENS SECTION 24 - EYESW ASH AND SAFETY SHOWERS SECTION 25 MISCELLANEOUS FORMS SECTION 26 PROJECT SUPERINTENDENT SAFETY EV ALUA nON SECTION 27 AERIAL LIFTS AND WORK PLATFORMS SECTION 28 RIGGING SECTION 29 ROPE, CABLES AND SLINGS SECTION 30 I ! 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: CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE PLAYGROUND BID # #017-2730-09/JA "'W~__'____ MINORITY NAME/ADDRESS/ PHONE OF TYPE OF WORK STATUS TYPE CER TlFlED DOLLAR %OF SUBCONTRACTOR TO BE 4 4 "'(see key 4 4 AMOUNT TOTAL PERFORMED Yes No above) Yes No .---.---.-..-----.--- .- --- -----~~'-_._- Site Work Concrete and Masonry X 598,573. 320-0 Carpentry .. -->-"-,~_..-..-_._-------'--_._-- _..._~-----'- ....,....--.,----.. -'-- --..-- nc, E~ectrical X 182,864 l) 7 0" .~-_._.._._-_..- -- > --.-- --_._-------~ ---- -- -,"- - ~,--- -- ---. - ----.. REP Services, Inc. Harscapes X 305A22, 16 on 902 Waterway Place l.ongwood, Florida 32750 (407) 831-9658 ~.._--------------------~_... ----.....----... i \ Aqua Dimensions Plumbing Services Plumbing X 1'1,700_ 1 O:n 1800 Se Dittmar A venue I Port Saint Lucie, Florida 34952 (772) 335-5070 I ~- -,-~---_...-----".,-'- - -- -.- ..~---- -------- -~--- I ! Kickin Grass Landscaping, lnc, I 803 NE Pop Tilton Place Landscaping X 1 144.(j30. 7' il n ! lensen Beach. Florida 34957 (772) 692-8092 I I .L_ J _."~- _.._"-~-- THIS PAGE TO BE SllBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SSC/MBE-I 10 ask Name Duration Start Finish Dee 1 Demo / Earthwork 30 days Mon 4/6/09 Fri 5115109 2 Excavation / Grading 45 days Mon 5118109 Fri 7/17/09 ,. -- - 3 Site Utilities 30 days Man 7/20109 Fri 8/28109 4 Site Electric _ 145 days Mon 5118109 ,-, '.. Fri 12/4109 .._~. - -- -,- '" .... 5 Site Concrete 60 days Mon 7/27/09 Fri 10116/09 --. .-- _ d. .-.___._._ _ .. o. 6 Restroom & Picnic Pavilions 60 days Mon 813109 Fri 10/23/09 7 Playground Equipment 60 days Mon 8/24109 Fri 11/13/09 _~ ~.... ." .....,...... __v ".' ~~~_ ><:;~'" 8 SpecIality Surfaces 19 days Man 1 0126/09 Thu 11/19/09 9 Site Furnishings 25 days Mon 10/5109 F ri 11/6/09 --.. 10 Irrigation & Landscaping 45 days Mon 9/21109 Fri 11/20/09 - --. \ Task ~1~]"=.:Mli' Milestone + External Tasks \i~~~nilfil Project: Congress Ave. Community AI Split '11' 1111.11111. Summary ,.. ... External Milestone ~ Date: Wed 2/11/09 Project Summary ~.......... -="'.""l:,Il Deadline '<J. Progress Page 1 IX. - CITY MANAGER'S REPORT ITEM C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned III to Citv Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office 0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon) [8J May 5,2009 April 20,2009 (Noon) 0 July 7, 2009 June 15,2009 (Noon) 0 May 19,2009 May 4,2009 (Noon) 0 July 21, 2009 July 6, 2009 (Noon) 0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July20,2009CNoon) 0 Announcements/Presentati ons [8J City Manager's Report NA TURE 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 INTRODUCTION: This is the second of a series of follow-up discussion items related to the 2009-2010 Operating Budget and follows discussions of the budget held at the March 17 and April 21, 2009 City Commission meetings. The staff reports and the PowerPoint presentation for that meeting is at the City's web site at: htto:/lwww.bovnton-beach.ort:!'/!!'overnmenUdenartmeniS/DubUc affairsloublicationsldocslAl!enda Item ReDuest 3 17 09 FY 2009 10 Budl!'et Reauested Policv Guldance.odf http://www,bovnton-beach,org/ govemmentldepartmen ts/pub lic affairs/publicationslbudget action i tems-4-21-09 ,html http://www,bovnton-beach_org/govemmentldepartments/public affairs/publications/preliminary discussion of general fund operating budget.html EXPLANATION: Many of the budget strategies presented to the Commission require City Commission review because implementation of them will in some way impact the public and City staff. It is critical that any change in policy and levels of service be done so at the direction of the City Commission. Therefore, staff has introduced a number of action items and will continue to do so over the next couple of months to begin strategy implementation, This report is the second of a series of agenda action requests. RECAP OF 4/21/09 BUDGET ACTION ITEM DISCUSSION: At the April 21, 2009 Commission meeting staff presented the following budget items for Commission direction. The direction provided by the Commission is highlighted in red on each item: 1. Provide budget direction to the City Manager and City Department heads to begin budget preparation that contemplates a 0% increase over the current FY 2008/09 budget. ACTION: By consensus, the Commission directed the City Manager and City Department Heads to begin budget preparation that contemplates a 0% increase over the current FY 2008/2009 budget, 2. Creation of a 4-day work week for non-shift City staff. ACTION: The Commission voted 4/1 - with Commissioner Weiland dissenting - to go to a 4/10 workweekfor City Hall, West Wing and the general Public Works/Utilities Administrative Offices effective 6/8/09. Administrative policies are being developed. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM_DOC 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 3. Proceed to reopen certain provisions of all Police and Fire Collective Bargaining Agreements. ACTION: By unanimous vote, the Commission directed staff to move forward with re-opening Police and Fire Collection Bargaining Agreements. Notification to the unions will go out within the next two weeks. There is a 45 day timeline during which renegotiations must be finalized. 4. Authorize staff to proceed with research necessary for (a) evaluation of alternative City/employee contribution levels to the existing pension plans and (b) transition from a pension plan based upon defined benefit provisions to one based upon defined contributions for all new employees in all employee groups. ACTION: By unanimous vote, the Commission approved staff to proceed with the following research: 1) Defined contribution plans for all new employees effective 10/1/09; 2) Modification of employee contributions for current and future plans; and 3) review other structural changes. Research is underway. 5. Authorize staff to prepare an early buyout program to be submitted under separate cover prior to adoption of the FY 2009/10 operating budget. ACTION: By unanimous vote, the Commission directed staff to research: 1) Various options of a voluntary Early Retirement Incentive Program (ERIP) and 2) Alternative financial impacts of each option. Staff is developing a proposal for Commission review and approval. 6. Review CRA options - Per direction provided at the 3/17/09 Commission meeting staff has reviewed and outlined four options for the Commission's consideration. ACTION: By a 4/1 vote, with Commissioner Rodriguez dissenting, the Commission approved the option of remaining status quo - leaving CRA Budget separate from the City's budget. No further action is needed by staff. 7. Review Program Analysis - Some of the areas staff will review: 1) conduct a systematic review of all programs and fees to determine which programs are self supporting vs. those that are supplemented by general funds; 2) review all schedules of fees/charges to determine appropriateness of rate adjustments (and to consider automatic adjustments in for future years); 3) seek policy direction on existing programs that are not fully funded by user fees - does the City want to continue to offer programs that require supplemental funding from the general fund? ACTION: No specific action taken. By consensus, the Commission agreed to have staff continue to review and analyze user feeslcity programs as part of the budget process. Staff is reviewing and updating the 2007 Program Analysis for over 600 programs. CONTINUED BUDGET DISCUSSION - ACTION ITEMS As stated at the April 21, 2009 Commission meeting the following items are being brought forward as part two of our series of budget action item discussions: . Review of Capital Improvement Proiect List to determine if projects can be canceled, postponed, or reduced in scope to provide one-time savings to transfer to General Fund. This item is presented as a separate agenda item immediately following this budget discussion. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . Span of Control- Review of levels of supervision - staffing levels This item will be presented at the 5/19/09 Commission meeting at which time staff will also seek the direction from the Commission on individual department budget presentations (format, timing, etc.) The City Manager has requested additional information from Departments. . Future Annexation Policv: As provided in the City's Comprehensive Plan, the City's Utility Service Area is considered our Annexation Reserve Area for future annexations, In order to identify possible annexable properties within our utility service area, staff has been researching all of our Water Service Agreements (WSA's) that were executed over the past 40+ years. We are currently in the process of developing a map which identifies all of the water service agreement areas. WSA's executed in 1996 or later contain annexation clauses that are enforceable, meaning this enables us to annex these properties as a matter of the agreement, assuming they meet statutory criteria. Staff is still researching the enforceability of agreements executed prior to 1996. However, since none of these parcels meet the statutory criteria for annexation, (i.e. creation of enclaves, access issues, etc.) the only vehicle by which we can annex these parcels would be through a newly created statutory process called an Interlocal Service Boundary Agreement. This process creates a framework for annexation over a long period of time and provides flexibility via procedures and tools that are not otherwise available under standard annexation procedures. City staff has met with the County and has concluded the city's best opportunity to pursue these annexations would be through the development of an Interlocal Service Boundary Agreement. Without an ISBA the City will have very few opportunities to annex under current statutory guidelines. An ISBA takes 6-12 months to implement. Per Commission direction, Staff will continue to work with County staff to develop a plan and proposal to bring before the Commission at a future date for discussion and direction. The Village of Palm Springs is already using this new provision to facilitate their annexations and the City of Greenacres is in the process of developing an ISBA with the County. Boynton Beach would be the third City in Palm Beach County to utilize this new process. ACTION ITEM: Staff seeks Commission approval to continue researching the use of an ISBA with PBC to identify future parcels for annexation. . Inventorv of City owned land/assets that can be sold: The City Commission directed staff to evaluate City owned properties for possible sale. The Public Works Department, Development Department and the Recreation and Parks Department met and identified all properties owned by the City. The staff team specifically looked for parcels that were unimproved, i.e" vacant of buildings or park amenities and have identified 13 parcels that could be sold. Attached is Exhibit A showing a map of the parcels, and Exhibit B listing each parcel by parcel number. The benefit of identifying these properties would be to provide a one time opportunity (aka "one shot") to assist in decreasing the budget shortfall which we currently face. ACTION ITEM: Staff seeks direction from the Commission as to whether or not to move forward with the consideration of selling any of the identified parcels. Further research will need to be completed to determine whether any restrictive covenants/deed restrictions, etc. would preclude City from selling any of these parcels, particularly those identified as future park lands. Additionally, further research will need to be conducted to determine the market value of these parcels. . Take Home Vehicle Policv: At its October 21, 2008 meeting, the City Commission requested that the City Manager develop a cost-sharing program with employees to capture the public expense associated with personal commuting by employees in City owned vehicles. There was recognition that personal commuting use of City vehicles by employees is quite often a S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM_DOC 3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM mechanism to attract and retain highly qualified staff as part of their overall compensation package. Take home vehicles and/or car allowances are standard for a number of positions in government. This is particularly common in law enforcement. In Boynton Beach there are a total of 131 take-home cars, 102 (78%) of which are in the Police Department. The vast majority of take-home vehicles are specifically referenced in collective bargaining agreements. To a lesser extent, some take-home vehicles and/or car allowances are captured in other employment agreements. Based on discussions last October, staff did not detect that it was the goal of the Commission to eliminate or reduce the number of take-home vehicles from the employee compensation packages. Rather, the Commission's direction was to consider a fee structure whereby the benefited employee pays to the City the incremental costs borne by the taxpayer for this commute. The incremental City cost is primarily in the form of fuel, but to a lesser extent reduced vehicle salvage value will result as well because of additional commuting miles. There are two types of employees that would be affected by an assessment of a take-home fee; those who use public safety / specialty vehicles and regular City employees. Those employees falling within the category of regular City employees currently pay income taxes on the taxable valuable of the take-home vehicle used for personal commuting. This value is calculated using miles traveled and the IRS mileage rate of $0.55 per mile. However, the employees that commute in public safety vehicles and/or specialty vehicles like some Utility trucks are exempt from taxation. The theory is that the employee is driving the vehicle for the benefit of the employer and the vehicle is so specialized in design that there is no conceivable personal benefit or use of that vehicle for anything other than commuting. It is irrelevant whether or not we agree with this IRS law. We must comply. This does, however, raise the issue of internal equity for all City staff when assessing any new commuting fee. In order to assess a fee upon employees, two questions must first be posed and resolved. First, upon who is the fee assessed and second, what amount of fee is deemed appropriate? Who should be assessed? Based upon direction from the Commission, all employees with take-home vehicles should be assessed the fee. However, there has also been discussion about community value in having take-home vehicles parked within the City boundary. For example, some Commissioners specifically suggested that there was value to the City to have Police Squad cars parked at residential properties within the City. For this reason, staff recommends that employees residing within the City not be assessed the fee. This is, of course, a policy matter and the Commission can choose to assess the fee to all employees regardless of residency. However, staff does not believe that any employee residing beyond a reasonable distance from the City be allowed to take a vehicle home, regardless of fee assessment. The farther the employee resides from work, the less public benefit there is for the employee to have a take-home car for commuting because of issues related to overall cost and timely response to emergencies. Staff believes any employee residing more than 20 miles from the nearest corporate boundary (according to a standard calculation such as MapQuest), should not be provided a take-home vehicle. This variable can be modified as well based upon City Commission direction. What is an appropriate fee? Calculation of the fee is the most subjective component within this report. Therefore staff has recommended that the fee be $20 per pay period simply because this seems to be an amount representative of fees assessed in other cities and would seem to capture the fuel expense. Of course, the fee could be based upon miles driven but staff believes that the administration of this type of approach would be overly cumbersome. It is best to simply develop a set amount per pay for all employees. Staff commented earlier in this report about equity of fee assessment for those employees that already pay taxes to the IRS for the taxable value of the personal commute. Therefore, the taxable value to the employee will be reduced by the fee paid by the employee ($20). S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC 4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Staff has attached a chart showing three different scenarios for fee payment I IRS taxable value to the employee. The scenarios show the impact upon the employees residing 3, 7, and 12 miles from the work destination. The mileage driven is only relevant for those employees paying taxes but is shown so that the Commission has an understanding of the full impact on the two classes of employees. For example, where both a Police and regular City employee both reside 7 miles from worklboundary, the Police Officer will have an out of pocket expense of $20 per pay period paid to the City and have no tax implications. The regular City employee will have an out of pocket expense of $20 paid to the City per pay period and an additional $18.61 paid to the IRS yielding a total out of pocket expense of$38.61. The City cannot eliminate the employee's tax liability. Implementation Plan Implementation of this fee is the most difficult element. Certainly, those employees that are not part of collective bargaining units can be easily required to pay the proposed fee. Should the employee choose to not pay the fee, the City can choose to no longer provide the take-home vehicle. The choice would be the employee's. Assessment of the fee on those employees assigned take-home vehicles as part of specific language in a collective bargaining agreement (Police primarily) will require either immediate implementation of the management rights clause to take such action or require a revision to the collective bargaining agreement via impact bargaining if so directed by the City Commission. The Commission may choose to impact bargain this matter, along with any other wage matters, that may result from upcoming budget discussions. If impact bargaining is necessary, it would be desirable to re-open the collective bargaining agreement soon as this will be a time consuming process and must be complete in time for incorporation into the FY 2009/1 0 Budget. Should a $20 fee per pay period be assessed upon all employees, the City will realize additional annual revenue of $44,720 based on current vehicle assignments, The revenue received is directly proportional to the fee. So, for example, if the fee per pay period were doubled, the revenue to the City would double. A copy of the Cost Share Analysis and October 2008 Staff Report is attached as Exhibit C. ACTION ITEM: Authorize staff to take the necessary actions to implement an employee cost share program that will recapture public expenses associated with employee commuting in City owned vehicles. FISCAL IMP ACT: Staff now knows that we will be facing an approximate 17% property value reduction (based on assessed valuations as of January I, 2009 for FY 2009/1 0) and the resulting revenue reduction based on preliminary valuations received from the Property Appraiser's Office last week. In addition, with direction received from the Commission at the April 2 I51 Commission meeting, the potential FY 2009/10 General Fund budget deficit should approximate $14.4 million if staff is able to propose a 0% budget increase and the Commission concurs with the personnel, program, and revenue impact. As noted below, alternate expenditure increases could increase the deficit up to approximately $18.5 million Property Projected General Fund Budget Deficit at Value % Alternate Expenditure Increases Reductions 0.00% I 2.50% I 5,00% 17% $(I4.4)M I $(I6.2)M I $(18.5)M Staff will quantify budget savings and present them to the City Commission in subsequent budget review sessions. We suggest preparing an on-going tabulation showing the expenditure/program cuts, replacement revenues and use of fund balances as a way to identify and approve budget actions. However, until the legislative session is completed, we do not know ifthere will be additional unfunded mandates or further revenue constraints approved by the Florida Legislature. Keep in mind, in 2007, the Florida Legislature enacted property tax rate limitation legislation in the middle of municipal and county budget planning cycles. AL TERNA TIVES: This is in response to preliminary City Commission direction of March 17,2009. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM A TT ACHMENTS: Exhibit A - Map of vacant City owned parcels Exhibit B - List of vacant City owned parcels by parcel number Exhibit C - Cost Share Analysis and October 2008 staff report ~-~/ ~ IU.-- {... ~ ~.....-..l2---- - Department Head's Signature City Manager's Signature City Manager Ass;stant to City Manag.,- L~ ~J)~ Department Name City Attorney Finance S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 6 B){111B IT "N' .r . - ,~fi~r~C::f)~.ii~,"~ -, ~--,. '.. ~:;'?t:Ji:::{;' Y::~\~-;f;~~'f~ ~ ,,-" I ,\'" ~ ,. . · .,' :,2-~'~ ~ '"' \): 2d".;;:'~~' .;,;~)2' . .~.~ ., .1 L'_~ }::. ..... ,;.!~}; ,~:l!!l__~' - il:WII ~D ......,41 . :: ... .' . I ~. ; 1}~':~l~':" , ,--.., . ..... -, ("v? ~."":.~" t -.' _, ' ~,' _ ,--,~ ' . '.\j; .' "1 i '! ' 1 L- -e:2 ,# .~ f:J --BI ", \, !J, f -',-':'.- ~,.(~'''ftA- ;j oC'r,_~~~'~~_ , " T'-"'-\ r:!"~5<';i~:' "Ji_! ~~.;: :-::''\~~ J': -.:.;.",..-: ,-:;::" 1; ,~.' '"1' .1- ~..' '.- ::'~ ..-' f;;;c'C!L.. ... . ." .' , . 'j.~ ',' ';::;;;tll' I ~ '~~'-. i&if;;..;":r."'~- . .,~.. .... . .. ;,.-->O'~:;1~:'~-'-" .'" 1='.....J . ... ....: ". ,\ ..V,;'=' . ;";;~=f~".'. .~~'~j9~~~-' c' .... ,,," .';:~ '. " ,''''~'~ ,.f;: ~';..;.~ .... >. ,,,":' o ... i! tl~c~r; ~,j i;'.;," .;;'~ ' ?;~;~~!: '!'" .. .~1~~r~~i;;Ji ,;L~~;I ' . ' , ,~~< ..., .. ~"""-' .. ^.,,,c' .,', ., -, '. - . EXHIBIT "B" l.. I Y OWNED LAN[ POSSIBLE DISPOSAL SEC/TWP/RGE ASSESSED OTHER PARCEL LOCATION SIZE IMPROVE? VALUE**** MEADOWS PARK OFF MEADOW BLVD DUE EAST OF NAUTICA 4.0 AC SEE ATTACHED 7/45/43 $ 200K 1 NONE SOUND PARK NAUTICA SOUND PARK EAST OF SPRINGFIELD AND WEST OF 5,0 AC SEE ATTACHED 7/45/43 $ 249K 2 MEADOWS BLVD PARK NONE QUANTUM PARK SITE' NORTHWEST CORNER OF QUANTUM PARK 17.4 AC SEE ATTACHED 17/45/43 $2,042K 3 ISOUTH OF MINOR NONE LOT 82 QUANTUM PARK DIRECTLY NORTH OF NEW FIRE STATION 5,86 AC NONE 16/45/43 $2,378K 4 #5/EOC LOTS A & B ROLLING GREEN RIDGE N.E. CORNER OF 1-95 & C-16 LOT A 4,2 AC LOT A YES 21/45/43 $ 691K 5 LOT B 5 AC LOT B NO? 2ND ADDN" NICKELS BLVD PARK'" WEST SIDE OF NICKELS BLVD 8,5AC SEE ATTACHED 19/45/43 $ 280K 6 BETWEEN C-16 AND L-23 NONE HEART OF BOYNTON PARCELS M.L.K, BETWEEN SEACREST & U,S,1 6 PARCELS 21/45/43 $1,953K 7 TOTAL-AC YES (4) NO (2) LOTS 4 & 5 IN CIVIC CENTER PLAT 125' EAST OF U,S. 1 ON N.E, 6TH AVENUE 150 X 134 NONE 22/45/43 $ 513K 8 LOT 8 TOWN OF BOYNTON N.E. CORNER OF N.E, 4TH STREET 100 X 120 NONE 28/45/43 $ 217K 9 & N.E_ 1ST AVENUE GALAXY PARK 10 Placed on exhibit in error PARCELS 103, 104, 105, UNPLATTED PARALLEL WITH EAST SIDE OF PALM BEACH 6AC NONE 29/45/43 $ 220K 11 LEISUREVILLE & 200' OF BOYNTON BCH BLVD SMALL PORTiONS OF LOT 6 & 7 UP AGAINST 1-95 CUT DEAD-END 0.2AC NONE 32/45/43 $ 0.7K 12 FOREST HILLS OF SW, 25TH AVENUE GIRL SCOUT PARK ALONG E, SIDE OF E-4 FROM MISSION HILL RD 9,73 AC SEE ATTACHED 5/46143 $ 749K 13 NORTH TO 1-95 TRESTLE OVER E-4 NONE 'Took title to property as fee simple on plat (parcel to east is conservation area) "No dedications to plat '''Blocks 6-10 West Boynton Plat #2B ....Year 2008 Assessed Value; will require new appraisals Boynton Beach Communtiy Redevelopment Agency Value Analysis of City of Boynton Beach Owned Parcels Within the MLK corridor as of January 14,2008 Estimated Estimated Total Purchase or PAPA 2007 Date of Purchase Appraisal Parcel Control Number Address Zonin Parcel Size/S ft S ft Value Estimated Value Conve ance Market Value Purchase Price DatelValue Phase I 08434521250010040 137 NE 10th Avenue C2 14,000 $20 $280,000 Conveyance $147,000 Dec-04 Land Swap N/A 08434521100050090 xxx NE 10th A venue C2 6,930 $20 $138,600 Conveyance $66,000 Jun-95 Tax Deed N/A 08434521100050100 xxx NE 10th A venue C2 30,870 $20 $617,400 Conveyance $228,000 Jun-95 Tax Deed N/A 08434521040000202 206 NE 10th A venue C2 13,820 $20 $276,400 Conveyance $124,380 Jun-95 Tax Deed N/A 08434521 I 00040 130 151 NE 9th Avenue R2 6,710 $10 $67,100 Conveyance $20,888 Oct-99 Code lien N/A 72,330 $19 $1,379,500 1.66 $830,790 per acre Phase II 08434521220030011 xxx NE lith Avenue R2 4,000 $10 $40,000 Conveyance $7,700 Mar-98 Tax Deed N/A Mar-98 & 08434521220040104,0102,0103 xxx NE 2nd Street R2 4,000 $10 $40,000 Conveyance $24,339 Jul-OO Tax Deed N/A 08434521270010260 xxx NE 10th Avenue R2 7,975 $10 $79,750 Conveyance $44,491 Sep-05 Land Swap N/A 15,975 $10 $159,750 0.37 $435,600 per acre Phase 111 08434521270010090 xxx NE 10th A venue R2 6,850 $10 $68,500 Conveyance $18,989 Nov-98 Code lien N/A --- 08434521180001550 xxx NE 3rd Street C2 8,635 $20 $172,700 Purchase $90,000 Oct-03 $60,000 N/A 08434521180001540 xxx NE 3rd Street C2 8,635 $20 $172,700 Purchase $90,000 Oct-03 $60,000 N/A 24,120 $17 $413,900 $861,787 0,55 $747,491 per acre 2007 Market Value 112,425 $17.37 $1,953,150 2.58 $756,764.19 TOTAL per acre Please note: Estimated values are based on recent appraisals of similarly zoned parcels and NOT on the actural properties listed above, Value Analysis of City of Boynton Beach Owned Parcels Within the MLK Corridor as of January 14,2008 Phase I 08434521180001550 xxx NE 3rd Street C2 8,635 $20 $172,700 08434521180001540 xxx NE 3rd Street C2 8,635 $20 $172,700 08434521100050090 xxx NE 10th Avenue C2 6,930 $20 $138,600 08434521100050100 xxx NE 10th Avenue C2 30,870 $20 $617,400 08434521040000202 206 NE 10th Avenue C2 13,820 $20 $276,400 08434521250010040 137 NE 10th Avenue C2 14,000 $20 $280,000 08434521270010260 xxx NE 10th Avenue C2 7,975 $20 $159,500 08434521100040130 151 NE 9th Avenue R2 6,710 $10 $67,100 08434521270010090 xxx NE 10th Avenue R2 6,850 $10 $68,500 08434521220030011 xxx NE 11 th A venue R2 4,000 $10 $40,000 08434521220040104,0102,0103 xxx NE 2nd Street R2 4,000 $10 $40,000 Please Note: Estimated values are based on 112,425 $18.08 $2,032,900 recent appraisals of similary zoned parcels 2.58 $787,663.99 per acre and NOT on the actual properties listed above, EXHIBIT "C" EXHIBIT C Employee Resides within City Resides outside City Pay to City Taxable Value to IRS Pay to City Taxable Value to IRS (per pay period) At Employee's tax rate (per pay period) At Employee's tax rate Police/Fire $0,00 $0,00 $20,00 $0,00 Regular Emp, $0.00 Personal miles X $0.55 $20.00 (Personal miles X $0,55) - $20 $0,55 per mile is the standard IRS mileage rate as of Jan 1, 2009. Examples (Assume 1 - 14 day period) Current Practice Proposed Policy Pay to City Income/FICA tax paid to IRS Pay to City Income/FICA tax paid to IRS (per pay period) At Employee's tax rate of 25% (per pay period) At Employee's tax rate of 25% PD/FD in City (3 mi.) $0.00 $0.00 $0,00 $0,00 Reg. Empl. in City (3 mi.) $0,00 $10.77 $0.00 $10.77 PD/FD out of City (7 mi.) $0.00 $0.00 $20,00 $0.00 Reg, Empl. out of City (7 mi.) $0.00 $25.14 $20,00 $18.61 PD/FD out of City (12 mi.) $0,00 $0,00 $20,00 $0,00 Reg, Empl. out of City (12 mi.) $0.00 $43.10 $20.00 $36.57 No Take home cars> 20 miles out of City limit Total City Revenue (131 cars) Total City Revenue (131 cars) $0 (assume 50% Utilities in city) $44,720 Note: 80th the in-city and out-city rates paid by the employee are variable. For example, the in-city rate, although proposed at $0, can be any amount. \ IX. - CITY MANAGER'S ' .. - REPORT CITY OF BOYNTON BEACH ITEM C. AGENDA ITEM REQUEST FORl\t1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to CiN Clerk's Office Meet;n!! Dates in to CiN Clerk's Office o August 19, 2008 August 4, 2008 ONoon) ~ rtober 21\~ cxf 7 Octo~6. 2008 (Noon) ~b . 12.001 o September 2, 2008 August 18,2008 ONoon) o November 5, 2008 October 20,2008 (Noon) o September 16,2008 September 2, 2008 (Noon) o November 18,2008 November3,2008 (Noon) o October 7, 2008 September IS, 2008 (Noon) o December 2,2008 November 17,2008 (Noon) 0 AnnouncementsJPresentations 18I City Manager's Report NA TURE OF 0 Admipistrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Information Report on Take Home Vehicles EXPLANATION: With the addition of 16 take-home cars fOT the Police Department in the approved 2008-09 Budget, members of the City Commission requested a report from staff on the scope and nature of take-home vehicles for the City. This report includes information on take-home vehicles and auto allowances for staff. The inventory of take-home vehicles does not include vehicles that are assigned to staff on a rotating basis which is a practice followed mainly in Utilities for staff that has been placed on call. The City has 466 vehicles licensed for use on the public highways. According to the inventory taken, here is a synopsis of take-home and auto-allowances: Boynton Beach Take-Home Vehicles and Allowances 9/1712008 Department Take Home Allowances Police 102 2 Fire 13 2 Public Works/Engineering 4 4 Utilities 10 8 Risk Management 0 2 Parks and Recreation 1 2 Development 0 13 City Mgr/Arts 0 4 Finance - Warehouse 1 0 ( 4 Golf Course 0 3 ~ Total 131 40 Data taken from Finance Department List and Departmental Information. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . ., . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMP ACT: The take-home vehicle program is for the convenience of the City and provides for after-hours response directly to emergency scenes or locations, as needed. In addition, for the Police Department, the take-home vehicle program is part of the collective bargaining agreement. Currently, there is no cost-sharing by the employee for the use ofthe Police and Fire vehicles. Non-sworn personnel (police and fire) assigned vehicles pay income tax on the value of their commuting vehicular use and any personal use, if granted by terms of employment agreements. There currently is an IRS exemption for income taxes for sworn police and fire personnel using take-home vehicles as well as an exemption for certain utility vehicles that could not be reasonably used for personal use. As discussed, the City will formally request cost-sharing with the PBA and other bargaining units, as needed. Based on an informal survey conducted by the City, the following communities have cost-sharing for police take-home vehicles. We are also doing a similar survey for non-police take-home vehicles as it is not fair to single out one department, if there is to be cost sharing. Boca Raton: Police residing outside the City limits with take-home car: S20/mo. Delray Beach: Police residing beyond 15 miles from City pay $15/pay period. Jupiter: $50/pay-period Palm Beach Gardens: Up to 30 miles outside PBG allowed @$5/mile up to the 30 mile distance (30 miles = $150/mo) FISCAL IMPACT: In the case of the Police Department, the department implemented a take-home vehicle program in 2005 as part of the PBA Collective Bargaining Agreement. At the time, a cost analysis performed by staff showed that the 24 hour vehicle use (for squad cars) was more costly and resulted on wear and tear on the vehicles. The 24 hour vehicle use program called for multiple officers to share one vehicle for different shifts. The replacement cycle for 24 hour in-serVice vehicles is 3 years, optimally. The take-home program extends the service time ofthe vehicle to 5 years. However, we have not completed one five-year term ofthe expanded take-home program to validate this assessment since the program began in late 2005. It should be evaluated in the next year. Staff will be reviewing all take-home vehicle assignments and auto allowances to determine appropriateness and level based on the operational assignments ofthe staff member receiving the take-home car or auto allowance. This review will be completed administratively later this calendar year as part of budget planning for next year The City uses auto allowances for field inspection personnel in lieu of purchasing City vehicles. This is principally in our Building Department and is also a collective bargaining matter in the White Collar CBA. For those employees receiving an auto allowance, all income taxes are paid on the allowance and the allowance is not included in pensionable income, Employees with a auto allowance are required to use their personal vehicles when performing local City business. It is important to note that City work need is not the only reason for either assignment of take home vehicles or auto allowances. It is a practice of most local governments to provide these vehicles/allowances as tenns of employment, often as integral parts oflabor agreements (Police for example) and/or other employment agreements. This practice allows the City to be competitive in overall working conditions with other communities so that we can remain an employer of choice and attract quality staff. This is prominent in our Police CBA and all indications are that this CBA term has helped the Police Department to attract and retain qualified staff. You may recall a few years ago when the City was unable to fill all vacant Police positions, Boynton Beach does not have the top paid staff salaries among other Cities in the area. ALTERNATIVES: 1. Reduce or eliminate the take-home vehicle program via impact bargaining. In this scenario, employees would be provided a vehicle to use for City business during working hours but the employee would be responsible for transportation for the personal commute to and from work, regardless of the time of day or work purpose. Of course. the City could immediately eliminate take home vehicles provided to non-bargaining unit employees but I recommend that this action not be implemented until similar discussion is conducted as part of either collective or impact bargaining for those situations bound by collective bargaining agreements. It is desirable to treat all employees equally. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , .. . t CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 2. Eliminate or reduce the auto allowance program. In this option, if an employee must travel in the City as part of their work function, or must respond to after hours needs, the City would have to provide a vehicle for this purpose in lieu of providing an auto allowance. As part of a transition to auto allowances the past several years for some employees, we have reduced our funded fleet size and reduced fleet mechanic work load and staffing. These positive actions would be reversed by elimination of auto allowances and purchasing new vehicles. Should auto allowances continue, the allowance amount must be commensurate with the type and frequency of work performed and must fairly consider increasing employee personal vehicle expenses. 3. Evaluate the transition to paying the employee the IRS mileage rate of 57 cents per mile for use of the employee's personal vehicle for non-public safety work purposes. With this option it would be necessary to determine that an employee must own and drive a vehicle to work to use for City work purposes as a condition of employment. While on the surface this appears to be a compeJling option, I am concerned about our ability to mandate that an employee drive their personal vehicle to work to use for City business. This could be an unjust condition of employment and goes far beyond a simple requirement that an employee possess a valid driver's license. However, there may be circumstances where very infrequent transportation needs during the conduct of normal work demands that the mileage rate be paid the employee or a pool vehicle be provided. ~ ~ Dep ent ead's SIgnature Ity anager sIgnature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC ! , Meeting Minutes Regular City Commission Meeting October 21, 2008 Boynt~n Beach, FL being tracked so any opportunities can be brought to the Commission when they become available. Commissioner Weiland thanked the City Manager's office and Carisse for the information. He did not know the County had a ten-year plan. It would be a great deal of work with all the municipalities and County, but a worthwhile effort to support. Commissioner Hay concurred with Commissioner Weiland that it was an excellent program. He was optimistic about the program and appreciated the efforts. Commissioner Ross was impressed that Officer Kellman sits on the County advisory board for homelessness. Mayor Taylor pointed out that the report was given based on the report made regarding the trip to Calgary, Canada. Motion Commissioner Weiland moved to accept the report to adopt the informational report of Palm Beach County's plan to end homelessness. Commissioner Hay seconded the motion. The motion passed unanimously. C. Report on take-home vehicles (Tabled on October 7, 2008) Motion Commissioner Weiland moved to remove Item DCC from the table. Commissioner Hay seconded the motion. The motion passed unanimously. Mr. Bressner reported the information requested was as a result of the budget review and represented a synopsis of the take-home vehicles currently assigned, the number of vehicles per department and individuals receiving an auto allowance. The allowance varies depending on the responsibilities of the individual. Mr. Bressner also prOVided comparative information from other municipalities on cost sharing. Other jurisdictions do require police employees to pay a nominal fee for the use of the vehicles. The City of Boynton Beach has a three year eligibility criteria. IRS regulations dictate fire and police personnel are not required to pay income tax on the use of vehicles under a public safety exemption in the Tax Code. All others are required to record the cost of the commute and any non-City use of the vehicle is taxable as income. Fuel costs are paid by the municipalities. Vehicles assigned for a specific duration or project on a rotating basis were not included in the report. It would be the Util.ity Department workers who respond to emergencies with a truck. Many municipalities were reviewing the cost associated with the program. The Boca Raton model was favored by Vice Mayor Rodriguez. Those officers who lived within the City limits were given the cars for free. Only 20% or less of the police officers live within the Boynton Beach city limits. 19 .. . Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Mr. Bressner noted the criteria for vehicles was different for Boynton Beach based on a three year waiting period, whereas Boca Raton immediately gave take-home vehicles to new officers. He also noted the vehicles and policies for all departments should be included in any cost sharing calculation. Commissioner Weiland questioned if any changes would need to await contract negotiations. Mr. Bressner replied the Union would be amenable to discuss the issue. All employees with take-home vehicles need to be addressed as well. Commissioner Weiland stressed the police union does not have to discuss the issue at this time. Mr. Bressner agreed the issue was not subject to a re-opener. Commissioner Weiland reiterated his view that detectives need to have take-home cars, while road patrol was a different situation. Also the vehicles utilized for pump station malfunctions are necessary and the criteria for all take-home vehicles needs to be addressed. Commissioner Hay favored a cost sharing across the board to some extent or methodology. The economy downfall dictates sharing some of the costs and the take-home cars are somewhat of a deterrent to crime. Commissioner Weiland and Vice Mayor Rodriguez noted the presence of police cars or substations are not deterrents to crime. Herb Suss, 1711 Woodfern Drive, agreed the Police Department needed take-home vehicles, but questioned the Fire Department's use of take-home vehicles. Mr. Bressner noted personnel on shifts cover fires, not volunteers. Mayor Taylor responded the Rre Department has 13 take- home vehicles and 2 allowances. It included command staff and immediate responders. Vice Mayor Rodriguez and Commissioner Hay agreed some type of cost sharing should be developed for all departments. Motion Vice Mayor Rodriguez moved to request the City Manager to provide some cost sharing options for take home vehicles across the board. Commissioner Hay seconded the motion. The motion passed 4-1. (Mayor Taylor dissenting) D. Presentation and discussion of CRA request for City Commission support of Comp Plan Amendment Application to Palm Beach County for seacrest Blvd. Redesign Jeff Livergood, Director of Public Works and Engineering, explained discussions had been ongoing with the CRA to improve landscaping and streetscapes along Sea crest Boulevard north of Boynton Beach Boulevard to the C-16 canal. The plan was to enhance the area to increase property values of the area by improving the infrastructure. The roadway is currently five lanes and the suggestion was to minimize the pavement width along the corridor to reduce the number of travel lanes for landscape and streetscape elements. It also could reduce prevailing speeds throughout the corridor without affecting capacity. There was also discussion to include a roundabout at the intersection of Sea crest Boulevard and Martin Luther King Boulevard (MLK) for the purpose of pedestrian safety and traffic calming. The concept warrants further investigation, but a letter of support to the County is necessary so that they can incorporate 20 XII. - LEGAL - 2nd Reading Non-Development ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office D April 21, 2009 ApriI6,2009CNoon) D June 16, 2009 June I, 2009 (Noon) ~ May 5,2009 April 20, 2009 (Noon) D Julv 7, 2009 June 15,2009 (Noon) D Mav 19,2009 May 4, 2009 (Noon) D Julv 21, 2009 Julv6, 2009 (Noon) D June 2, 2009 May 18, 2009 (Noon) D AUlrust 4, 2009 Julv20, 2009 (Noon) D Announcements/Presentations D City Manaller's Reoort NATURE OF D Administrative D New Business AGENDA ITEM D Consent Allenda ~ Lellal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approve the second reading of Ordinance no. 09-022 creating Article VIII in Chapter 26 of the City's Code governing the usage, cost, and operation of the reclaimed water system within the City's utility service area. EXPLANATION: In 2008 the City began a project to extend its reclaimed water distribution system to new customers in the eastern portion of the service area. To achieve this end, the City must enact the necessary ordinances to establish operating responsibilities, rates, rights of access and inspection, and all other issues that will allow compliance with State and local regulations. The enclosed ordinance establishes an initial rate for new users of 34 cents per thousand gallons of reclaimed water used by the customer. That rate includes two components, which are treatment, and distribution. The treatment component has been established, by the South Central Regional Wastewater Treatment and Disposal Board, at sixteen (16) cents per thousand gallons. The distribution component, including operation, maintenance and renewal of the distribution system, is being set at eighteen (18) cents per thousand gallons by the City, yielding a total rate of thirty-four (34) cents per thousand gallons. This initial rate has been established so as to be comparable to other reclaimed water producers in the area, while supporting the cost for providing this service, and recovering a portion of the costs for constructing the system. Connection to the system will be allowed only for those customers and locations approved by the City, based upon such factors as: . customers' water demands, . available supply, and . the ability of the customer to be responsive to local and state regulations that govern the use of reclaimed water for irrigation. These regulations include the need for cross-connection control, regular inspection, and notification of the public via signage and other means. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The City must, at all times, assure that all customers comply with those governing regulations, or have the capability to discontinue providing reclaimed water service in situations where compliance is not achieved. PROGRAM IMPACT: The use of reclaimed water will, in some locations, replace the use of potable water for irrigation, thereby making said potable water system capacity available for other customers. In other locations, the use of reclaimed water will replace non-potable water drawn from the surficial aquifer system, thereby reducing demands on that resource. FISCAL IMP ACT: Rates generated by new customers are designed to support the functioning of this new service provided by the Utility, and recover a portion of the costs accrued in developing the system. AL TERNA TIVES: . Many of the provisions of this ordinance are required to maintain compliance with state and local regulations. The City has no alternative, under those regulations, but to adopt those provisions. . Additional expenses accrued due to operation of the reclaimed water system are intended to be offset by the proposed rate. One alternative would be to offset these expenses by raising water, sewer or stormwater rates to other customers. ~ A?~- 27Y 1 , ~)V~ . Department Head's Signature City Manager's Signature Kofi A. Boateng, P.E. ~ Assistant to City Manager UTILITIES Department Name City Attorney I Finance Xc: (L Peter Mazzella (w/attachments) Barbara Conboy " Michael Low " City Attorney " File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 I ORDINANCE NO. 09 - Oa..~ 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 CHAPTER 26. WATER, SEWERS AND CITY 6 UTILITIES, CREATING ARTICLE VIII, ENTITLED 7 " RECLAIMED WATER"; PROVIDING FOR 8 AUTHORITY AND PURPOSE, APPLICABILITY, 9 OBJECTIVE, DEFINITIONS, USE, CONNECTIONS, 10 ACCESS TO WATER METERS, FEES, INSPECTIONS, 11 DAMAGES, APPROVED USE, PROHIBITIONS, SERVICE 12 INTERRUPTIONS, CITY RESPONSIBILITY, LOCATION, 13 METER REQUIREMENTS, SHALLOW POTABLE 14 WELLS, DISCONTINUATION AND FOR PENAL TIES; 15 PROVIDING FOR CONFLICTS, SEVERABILITY, 16 CODIFICATION AND AN EFFECTIVE DATE. 17 18 WHEREAS, the City of Boynton Beach ("City") is a member of the South Central 19 Regional Wastewater Treatment and Disposal Board (" Board")~ and 20 WHEREAS, the City desires to provide reclaimed water that is generated by the 21 Board's facility to certain properties within the City for irrigation purposes~ 22 WHEREAS, the City desires to implement mandatory use of reclaimed water by golf 7'"' courses and other users within the City; and ~-' 24 WHEREAS, the City Commission for the City of Boynton Beach finds that the 25 implementation of this reclaimed water ordinance is in the best interest of the health, safety, 26 and welfare of the citizens of the City of Boynton Beach. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section ]. Each Whereas clause set forth above is true and correct and 30 incorporated herein by this reference. 31 Section 2. That Chapter 26, Article Vlll, entitled "Reclaimed Water" is hereby "7 created by adding the words and figures in underlined type, and by deleting the words and .)~ .,'"' figures in struck-through type, as follows: -) -' 34 35 ARTICLE VIIl- RECLAIMED WATER 36 37 Sec. 26-500. AUTHOIUTY AND PURPOSE. 38 - 1 - I I I I ] I This article IS created in accordance with Section 4U),uh4,_lJ~)ri_iJ~_~atl!~i,- al]~_ pru'-EL~~ 1..\)1' , the encourallement and use of reclaimed \\ater to ProteS:L the el1\)Ll)nmeI11~md conser~s:tbc - ) Citv of Bovnton Beach's potable__water SldPJ2b~ 4 " Subiect to the City'_;>. Code of Urdinances and established policies, all powers_ duties, anc! 6 authorities relatin!2 to the operation of the facilities of the Utilities Department. are vested in 7 the Utilities Director unless specifically vested elsewhere by theJ2Ioyisions of this ChaPter_m 8 the absence ofthel)irector ofll;ilities Department an individual specifica]l\ appointed b.Llbs' C) Citv Mana!2er. n@'j:!.~.sumeJ!l<;---Rowers_c!lIlie~ and aqlhont.l- ve_sted b~ Ihi=i~(?ctiQl}..' ]0 11 Sec. 26-501. APPLICABILITY. 12 1 -, This Chapter shall apply within the utility seryice area~)f the C'it\ of Boynton Beach. as J 14 hereinafter defined and amended from time to time,. aI~shall be liberally construed ,lq 15 effectuate the purposes set forth herein, ]6 17 Sec. 26-502. OBJECTIVE. 18 1C) The objective of this Chapter is to set forth requirements for the _use of reclaimed water and 2U the construction of reclaimed water facilities within the ,Ci1L..Qf Boynton Beach to be, in 21 compliance with.all.ill.2.l21icable federal and state laws_ rules_ and regulations as they pertainJ..g 22 reclaimed water. -~ ,-' .......-" 24 Sec. 26-503. DEFINITIONS. , - -) :26 As used in this article_ the, following vvords and phrases have the meaninl2. ascribed her~in_ 27 unless a difTerent meaniw!. is setforth in another sectioI1.of this Chapter or the context clearly 28 indicates otherwise. 29 )0 Backtlml prevent ion assembly A backt10w preyention assembly shall mean a deyice and/or ) 1 method of construction used to prevent backf10w into a potable and/or reclaimed \\'ater 32 system. The type of assembh used shall be based on the dellrce _of hazard. either existin!! or -,-, potential. ) ) 34 .., - ("it,,_~,i..b.._ of BO}lDtonji<;iii.:fLJJoridlcLa. municjpa] corQIJI..aJi,)n. -)) )tJ )7 ("ross connect ion,_ Am'_J2.b.lsical arran !! em el1L VvhC[(;QL:JyolabLtLund_,2X reclaimed, )~ateI 38 supply is connected_ direct]v__ur indirectly. . with _dJ1\_ ')lher5.l_S1em~pable __Q[jmp'!ninv. )9 ~ontamin~liQn to the J2Ql'LQl~and/__QI. nurli!ota!:Jlt;Waler =iuJ2.12l.y.il:s thc [~llllof backilo\\. 4() 41 Custumer. _._Any "propertv owner_ dn e]uper. user. cumpany_ municipal corporation_ politIcal 4:2 subdivision_ homeowners association__..\!r L)ther entity which accepts or receives reclaimed 4) water service or benefits directlv from services rendered bv the Department. 44 45 DC/7arl1nenl The Citv of Bo\'nton Beach Utilities Department. 46 47 Devclo1717!ent All. projects WIth .[lonn.:sidenliil:Ll.:,uJlnectlQD-S__and all l..e.side!lti<!L.Qrl1Je~ts 4X inc.luc!illRJ\:.vcnt) t~Ul or more ~\\elli!lsLlllib 1 2 Director. The Director of the City of Boynton Beach Utilities Department or the duly 3 authorized representati ve. 4 5 Dwellin~ unit. A single unit designated or intended for one-family occupancy (a household of 6 one or more persons), including, but not limited to, one single-family house, one-half of a 7 duplex, one apartment, or one mobile home. 8 9 lrri~ation. The use of water to maintain and enhance the growth of lawns. shrubs, trees, or 10 edible crops as set forth in Chapter 62-610, Florida Administrative Code. 11 12 Person. Includes individuals, firms. associations. joint ventures, partnerships, estates, trusts, 13 corporations, and all other groups or combinations. 14 15 Point of service. The outlet side of the Department's reclaimed water meter box or other point 16 identified on construction plans which ends the Department's ownership, operation and 17 maintenance responsibility. 18 19 ProJJertv owner. One in whom the legal title to real estate is vested as recorded in the public 20 records of the State of Florida. 21 22 Reclaimed water. Water that has received at least secondary treatment and basic disinfection ')'" and is reused after flowing out of a wastewater treatment facility (Florida Administrative .....J 24 Code, Chapter 62-610). 25 26 Reclaimed water. distribution w.tem. A network of pipes, generally eight-inch diameter and 27 smaller, along with valves, meters, and related appurtenances designed to convey and 28 distribute reclaimed water from Reclaimed Water Transmission Svstem to the Department's 29 side of the point of service. 30 31 Reclaimed water irri~ation svstem. A network of pipes, pumping facilities, storage facilities, 32 sprinkler heads, and appurtenances on the customer's side of the point of service designed to 33 convey and apply reclaimed water. 34 35 Reclaimed water transmission s~'stem. A network of pipes, generally ten-inch diameter and 36 larger, along with pumping facilities, storage facilities. and related appurtenances designed to 37 convey and transmit reclaimed water from one or more wastewater treatment facilities to the 38 Reclaimed Water Distribution System. Service connections will generally not be made to the 39 transmission system. 40 41 Service. The readiness and abilitv on the part of the Department to furnish reclaimed water to 42 the property. 43 44 Service initiation. The date a reclaimed water meter is installed. 45 46 Utilih' service area. The area encompassed by the City's Planning Area as shown on the 47 Future Land Use Map in the City's Comprehensive Plan, unless otherwise excluded. 48 '" - .J - II I I ] I Sec. 26-504. ADOPTION OF CHAPTER 62-610, FLORIDA ADMINISTR~n\ te , CODE. - -, -' 4 The rules and regulations appearing in Chapter 62-610. F./....C.. as may be amended from tlDlt:' ) to time, are herebv adopted bv reference as though fulh set forth \vithin this Article and shall 6 applv within the City as an ordinance. In the event of am variation between the provisions of 7 Chapter 62-610. F.A.C.. and the provision? uf this artii-~1b~_ more strict provision sb.~J) 8 prevail. The violation of Chapter 02-610. F,,\.:i:::c- shalLbc' Jeen1~~L:l \joJ.;:tti~!)lJ2J'lbi.?seclil)J] q )0 Sec. 26-505. USE OF RECLAIMED WATER WITHIN THE CITY OF BOYNTON 11 BEACH UTILITY SERVICE AREA. 12 ] -, (A) Reclaimed water service ",ill be made available \vithin the Citv's Utility Service Area as -' 14 the reclaimed water transmission svstem is extended and tr~atmenJ capacitv becomes ] 5 available. ]6 17 iliJ Not all Propertv Owners within the Cit\~LLha\e access to the Citv's Reclmmed I g \Vater Distribution System. The City shall have the final decision in determinim~ a IY customer's entitlement to connect to the Reclaimed Water Distribution System. which shall be 20 based upon the customer's capacity needs. as well as the customer's abilit\ to be responsive 21 to local and state regulations'n The Cit\ will provide _qualified property Uy\ners \vith notice 01 " itsJight to utilize the Reclaimed Water Distribution_5vsteJIL lmce_ll~ S~Ivi~_is l11(lg~ -- ,-' available. --) 24 ,- e Conncction of an irriuatiol1 system to the customer's sid~_nuLthe recLtimed \\'aterlll~t~Ll~ -) (JJ___ 26 thc responsibility of the customer and shall be performed aLllle sustome(;;. ~0cpen~, 27 28 (D) Should the customer require reclaimed \vater ll.Cqualit\ JJl_pressure varvinQ 1[om that 29 normall v supplied bv the Citv. the customer shall be responsible for am devises necessary to 30 make these adj ustments. provided. howeveJ~. thaLsuch deyiees n~~j 11 reqLlire prior approyEI b\ 31 the Citv. ):2 ~ .., Sec. 26-506. CONNECTION TO THE RECLAIMED WATER DISTRIBUTION -"' -) 34 SYSTEM. J5 36 (A) Meters req uired. Meters are requin:d.Jl!1 .<lILn::Q'!irrred ~ymer _~n:ice..sonnectil)n>:.~o ~"7 person or propertvsha]Lhavi.~ access to the reclai)11cd water Jistribution svstem_ ,)r~lSC -~ / .18 reclaimed \vater \vithout deliver\ of same throw.~h a mt;tcr. AU_ reclaimed \vater meters shall 3'-) beJurnished and)nstalled b\ an cmplovee.QL;1uthorizl:t.lJ2ersOlLl)tlhe Department. and.shall 40 remain the prope11\ of the Department. The minimum meter size for connection to the Cit\'~ 4] reclaimed water system is three,:-foUlihs of one inch. Required meter size for any connection 4:2 \vill be determined bv the Utilities Department on the basis of the i rri lLation system' srequircQ 43 pressure and flow characteristics as provided by the Cu~tomeL ..j...j. 45 ili.l. Rules. Ref!.ulations and Fees. The City may establish. rev.~e. modify and enforecr11jes. 46 regulations and fees pertaining to the provisio!Lo(yeclaimeiL watcL;iervicc,:. Sucb r\d~:;, 47 reQ.ulations, andkc.:::>.. whi~lLi!l't:_su~9...tl)lht:: ;JQp[OY<i1 oft]le ~jl} ,AIt: :;clJ.Q[tb In this I -t. ! I 1 ordinance, and shall be binding upon all property owners, customers, aQents, and assigns 2 required to use and/or using reclaimed water. "l .J 4 (Cl Operation and Maintenance Responsibilities for the Reclaimed Water Irrigation System. 5 The operation and maintenance of the reclaimed water irrigation system shall be the sole 6 responsibility of the customer and/or Property Owner utilizing reclaimed water from said 7 system. The customer and/or Property Owner shall provide reasonable access to the 8 Department for periodic inspections of the operation and maintenance of the reclaimed water 9 irrigation system. Failure by the customer and/or Property Owner to properly operate and 10 maintain said reclaimed water irrigation system in accordance with federaL state, and local 11 laws, rules and regulations, shall constitute a violation of this article and be subiect to 12 enforcement action as set forth herein below. 13 14 Sec. 26-507. ACCESS TO WATER METERS. 15 16 It shall be unlawful for any person to interfere with, effectively deny. or to restrict in any 17 manner, full access to City reclaimed water meters or their appurtenances by the City's agents 18 or employees, for the purposes of making necessarv periodic. readings, repairs, removal, or 19 disconnection of service on said meters or their appurtenances. Such interference may 20 include, but shall not be limited to, use of locked gates or fences, presence of animals, 21 physical barriers, or overgrown vegetation. 22 ")"l Sec. 26-508. FEES, RATES AND CHARGES. ~.J 24 25 (A) Charges for reclaimed water use will be based on metered flows and will be billed on a 26 monthly basis per one thousand ( 1 ,000) gallons in accordance with the following schedule: 27 28 1. 34~. which consists of the Board's rate of l6~ charged to the Citv, in addition to 29 the City's rate of lJii: 30 31 2. Chan}!.es in the rate charged to the City by the Board shall result in a change in the 32 total rate to the customer at the same value as the rate change. 33 34 (Bl Meter installation charges and deposits. when applicable, shall be as listed in Chapter 26, 35 Article 1 of the City Code of Ordinances. 36 37 Sec. 26-509. INSPECTIONS. 38 39 (A) To ensure that the provisions of the City's ordinances, regulations and procedures are 40 being observed, the City shall inspect. secure or remove. as necessarv. anv or all devices, 41 including but not limited to. backtlow prcventers. valves. littings. pipes and sprinklers which 42 connect to or control the reclaimed water. 43 44 . (B) The refusal by a consumer to permit an authorized City agent or employee to enter a 45 premises for the purpose of inspecting an irrigation system may result in the immediate 46 discontinuance of the reclaimed water service in the discretion of the Citv. 47 - 5 - I Ii I ] LU _Lll~__Cit\_~hall in~ecLCi)Lci)]]ll~ctilll};;_J,(Ltb~ JJ.:claill1~li ,,-,-!,lYL s;stcDlJ21il.)l h, t -, c:C!DnectillJLbein~ placed ill~l,?nict: ~ -' .+ (D) The customer shall be responsible to the City for all costs incurred bv the City for an_~ 5 required inspections and/or monitoring, of anv or all devices which connect to or control the 6 reclaimed water to ensure compliance with this Ordinance and/or anv State or Federal Statutes 7 or Regulations. the chan'.e shall be determined on an hourlv basis. in addition tSL_(!D~ 8 administrative costs. 9 ]() Sec. 26-510. CONTROL OF BACKFLOW AND CROSS CONNECTION. ] ] ] 2 Reil:r to Chapter 26. Artick~ oUhe_(~)tY__Cocle_l1[ 01~dinanc~~ ] -, .) 1.+ Sec. 26-511. DAMAGE TO THE RECLAIMED WATER DISTRIBUTION SYSTEM. IS 16 No person shall maliciousIv. willfully or ne~lig.entlv break. damage. destroy. uncoyer. ur 17 deface any structure. appurtenance or equipment which is part of the reclaimed water ] 8 distribution system. All costs to repair anv damage to the reclaimed water distribution svstem 19 and/or all costs associated with additional treatment or alternative disposal requirements 2() resulting: from said action. sha1l be assessed to the person( s) responsible. 2] -,-, Sec. 26-512. APPROVED USES OF RECLAIMED WATER. ~- -,-, ...: -, 2.+ Reclaimed water shall be used in accordance witlL'-1pplicabls; Lederal. ~ta\~. and local laws" 25 [ules and re\1.ulations. Pursuant to this ChapteLJ~claimed watl'r_llWJ~beuscd for irril'.ation~Lf 26 residential and nonresidentiallav"ns. ~ol(c(L\lrse~o ceme\~ries. J1.arks. landscaped areas. edibll,' 27 crops (as set forth in Chapter 62-610. Florida /\dministratiye Cude). hil'.hw(i\ medians. dust 28 control on construction sites. mixinl'. of concrete. and cIcaninl'. of roads and sidewalks. Am 29 other use of reclaimed water must be appro\ e~t in \\Ti1ing by the Director prior to said usafl.e. 30 3 ] Sec. 26-513. PROHIBITIONS FOR USE OF POTABLE WATER, RECLAIMED 32 WATER AND THE RECLAIMED WATER DISTRIBUTION SYSTEM. -''' -' -' 3.+ No person shall use reclaimed \vater unless illJ-1Ci,:llrdancc.__witlJ rcd(TaL_-,')tate~t2l___JSLi,:i!J laws. ~5 ruls:~,- ur regulatiuns.l~lI]:suant t~)lhis ,\l}icle, nQJ2eL,)ol)_~hall: 36 '},7 till Utilize abuvel'.TOund huse bibs. Hose bibs shall be located in lockable. belov\ "rade ...__' ______~ ________~ ____~.___~____~ -b~ 38 \ aulls and clearly marked as beinl'. or Don-putable qualilL_~H_\,-!ull LSc)~er~ ~ball bt:;_l:_,)lor~ 39 coded purple and shall be kept locked wben nuLin USt:c 40 .+] ilil__ Use reclaimed water for the__ tilIin~ or swimminfl. pools. J1Ottubs. \>..'adinQ. pOl)_Lio...__')J: 42 decorativc fountains. 43 . , \e) Pipe reclaimed water into or use reclaimed water inside of am buildin~ or structl!!"t:_L1seQ '-i-'-i- .+5 for residential purposes. 46 .+7 till. Cut and/or remo\e a Depan111ent-insla]ll:?dJ~cJ'<lamp<;L_~il1lJ.llen1eler. 1~<:l>s, _!lr 48 rCVt:L'iI:.? rec]airll~d. 'vvater J.1lcter;ll_~c, ellter ur m~kc an} LOl)I1c,l.:liun hI tbe reclaimed \\ ah:r I) - f 1 distribution system unless prior written approval has been given by the Director, and an 2 employee or authorized person of the Department is present at the time of said approved 3 action. 4 5 (E) Sell, barter, trade, or otherwise transfer reclaimed water to any other person or entity. 6 7 (F) Cause a cross connection between a potable water supply and the reclaimed water 8 distribution system or the reclaimed water irrigation ~~m, or violate a provision or 9 requirement of City Ordinances pertaining to backflow prevention or cross connection 10 control. 11 12 (G) Cause a connection to the reclaimed water distribution system or reclaimed water 13 irrigation system to be constructed or maintained in violation of the Setback Distances as 14 required in Chapter 62-610, F .A.C. 15 16 Sec. 26-514. INTERRUPTION AND/OR DISCONTINUATION OF SERVICE. 17 18 (A) The City reserves the right to discontinue service to anv portion of, or the entire, 19 reclaimed water system as deemed necessary by the Director. 20 21 (B) The Director shall have the authority to establish schedules which restrict the use of the 22 reclaimed water system at certain times in order to reduce maximum pressure demands on the 23 system and to regulate usage during periods of limited reclaimed water availabilitv. 24 25 (C) Immediate Threat to Public Health. The Director may issue a stop usage notice 26 requiring the customer and/or propertv owner to immediately cease using reclaimed water if 27 said usage is deemed to present or cause an immediate threat or substantial endangerment to 28 the health, safety or welfare of the public, to the environment, or to the operations of the 29 City's reclaimed water distribution system. Any such finding shall be included in the 30 Director's notification to cease usage of said reclaimed water. Should the customer not 31 comply with the stop usage notice, the Department may immediately discontinue service of 32 reclaimed water to the property. All expenses incurred by the Department to discontinue said 33 service and/or any and all damages associated with the use of the reclaimed water shall be 34 borne bv the customer and/or property owner. 35 36 (D) Other Violations. Notwithstanding the provisions as set forth in this section 37 hereinabove, the Director shall, upon discovery of a violation of this article, notify the 38 customer and/or property owner of said violation by certified mail or by placing a notice on 39 the property or by any other reasonable means. The notice of violation shall set forth the 40 specific violation, the corrective action to be taken by the customer and/or the property owner, 41 and the period of time by which the customer and/or property owner must correct the 42 violation. Should the customer and/or property owner not correct said violation within the 43 designated period of time, the Depm1ment shall discontinue service of reclaimed water to the I 44 . . propcI1Y until said violatiun is corrected and all fees associated with the disconnection and/or 45 reconnection of service to said property are paid in full by the customer and/or property 46 owner. 47 48 Sec. 26-515. CITY RESPONSIBILITY. - 7 - II II II i! ] II '") The CilL'vvill reasanablv attempt to deliver an adequate supplv~freclaimeiLy,'ater ~!Lg')')_ll - '" qualitv at all times, However. nu assurances ur ~uarantees.shall bCj2[.ovided t.o custamers,lJrJ~: -~ .+ .others re~ardinf2 the quantilL~L-quaJjb___Qt the \\ Cikr dlJ~~t~)__ (iXcul11sLances J?evc)]ld th<,:1r 5 control, 6 7 Sec. 26-516. LOCATION. 8 l) The locatian .of reclaimed water service lines and paints of delivery t.o private proper1\_ ;;hall 10 be determined bv the Cit\" ] 1 12 Sec. 26-517. METER REQUIREMENTS. 13 14 :,\ppropriatelv sized meters shall be required for all commercial. industrial. and multifamih 15 d'v\_t;llin~ unit uses as determined bv th~Dire(lOr. ]6 17 Sec. 26-518. SHALLOW POT ABLE WELLS. 18 ]L) (A) The City shall not proyide reclaimed \vater service 'v\here shallow v, ells. the existen(e 0 t 20 \vhich is known by the City. are a source of putable \vater and where buffer Lane requirements 21 of the Flarida Department .of Environmental Protectian cannot be maintained, '"), -- '")'" (B) ----0'\10 person shall install a shallow well intended far use as a source of potable water for _J 2.+ l'r<lQL:1TL where reclaimed v.,ater and potable water connectians are available, '") - -) 26 Sec. 26-519. USE OF RECLAIMED WATER FOR OTHER THAN IRRlGATION 27 PURPOSES. 28 29 Reclaimed water service ma\ be provided as a source of 'vvater fur cool in\'!' and miscellaneous 30 process applications, However. reclaimed wCiter ma\ I)ot be piped into am building uS(;lI lQI 31 residential purposes, Anv ef11uent reclaimed,water 1'rom_c~ooling and/or process use l1lldo"t be "', discharged to the sanitary sewer or other. appr.oved location and must meet all citv. state .and .) .c. -,-, federal discharge regulatjons. Asevyer charge(L,r processing of said dischan~e will be applit:Q ,~ -~ 3.+ in aqdition to the cost uf the reclaimed v,vater. Am dj.s,fharge ~~ the Utv'~sanitarv s-,~lem -, - musjJlleSt the Citv's .!11inimunll2retreatment standarg~. -' =' 3b 37 Sec. 26-520. RUNOFF CONTROL. 38 3<1 Customers shall be responsible for the uperatian 91' their private reclaimed \vater svstem~JIL'd .+0 prudent manner ta ensure that neithc!~Q9ndin\l. norrunoflJrom th~~stenl.l~~cllrs. .+] .+2 Sec. 26-521. PENALTY. ,+3 11 See ~i.;~li.lcil1 1-6 of the Cjt\ ,,1 Bll\ ntun Ji~ach (~ll..lJ.~_lJj_l)r(,linanCl:.~ -t-t -+5 -+(1 '-;cLtic1I1 5. }~:ieh and nl'r: other prmi"i'l!1 (ll l'harkr ':::h. Jill! nerein sp"l~l!i(all: .+7 amended shall remain in full !'ure.: and effect as previ(\usl) enacted - ~ ' 1 Section 6. All ordinances or parts of ordinances in conflict herewith be and the 2 same are hereby repealed. '" Section 7. Should any section or provision of this ordinance or p011ion hereof, any .) 4 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 5 such decision shall not affect the remainder of this ordinance. 6 Section 8. Authority is hereby granted to codify said ordinance. 7 Section 9. This ordinance shall become effective immediately. ST 8 FIRST READING this~. day of _u__&p--Rl~____, 2009. 9 10 SECOND, FINAL READING AND PASSAGE this day of 11 ,2009. -- 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 ----- 16 Mayor ~ Jerry Taylor 17 18 -- _.__._._-~._---- -_.._~, --~_._--~- 19 V ice Mayor Woodrow 1.. Hay 20 21 _._,-_._._..._-~._._._.__. --.._---_.._.._-~- --- 22 Commissioner -- Ronald Weiland 23 24 --.------.- -~._-- 25 Commissioner - Jose Rodriguez 26 27 ----- 28 Commissioner - Marlene Ross 29 ATTEST: 30 31 "'j .)~ -- ._---,. ---- 33 Janet M. Prainito, CMC 34 City Clerk 35 36 "27 J I 38 39 (CORPORATE SEAL) 40 41 S leA I( Jrdll1anceslReclaimed Water Ordinance (Final) doc - 9 - XII. - LEGAL - 2nd Reading Non-Development ITEM 8.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates Office Office 0 A ril2l, 2009 0 June 16,2009 [8J Ma 5,2009 0 Jul 7,2009 0 Ma 19,2009 0 Jul 21,2009 Jul 0 June 2, 2009 0 Au ust 4, 2009 Jul 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business 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 May 5,2009 City Commission Agenda under Legal- Ordinances, Second Reading. The City Commission approved this item on April 21, 2009, under Legal, Ordinance - First Reading. EXPLANATION: PROJECT: Temporary Banners (CDRV 09-002) DESCRIPTION: Please recall the recent amendment processed to the City's sign regulations, increasing the time allowed for the display of a temporary banner from 2 weeks to 90 days (for existing businesses). This amendment was adopted by Ordinance No. 09-013 on February 2,2009, and is only effective for one year, as temporary assistance to struggling businesses during this challenging economic period. Subsequent to adoption, staff realized the ultimate amendment contains conflicting provisions relative to the locations where temporary banners may be displayed. Recall that staff promoted greater flexibility in the placement of the banners on the subject property. However, the former version of the regulations precluded them from the building setback area, which was initially overlooked. For at least during this one-year period, it is intended for banners to be allowed anywhere on the property except for within the right-of-way buffer, to allow for optimal visibility. This conflict within the revision was an oversight, and staff proposes to fix the inconsistency with the simple elimination of the word "setbacks" as shown in the accompanying ordinance. PROGRAM IMP ACT: FISCAL IMP ACT: ) ALTERNATIVES: ff ,?'Y ~hn< Develo Assistant to City Manager ~ /"7 IL Planning and g Director City Attorney / Finance S :\Planning\SHARED\ WP\SPE ROJ\CODE REVIEW\CDRV 09-002 Banners for existing businesses\Agenda Item Request Banners CDRV09-002 2nd readubg 5-5.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION Memorandum PZ 09-015 TO: Chair and Members Planning and DeVelOPWrd FROM: Michael Rumpt, Directo Planning and Zoning ,. DATE: March 19, 2009 RE: Temporary banners - Clean-up needed to recent code amendment Chapter 21. Signs, Article III 6(F) You will recall the recent amendment processed to the City's sign regulations, increasing the time allowed for the display of a temporary banner from 2 weeks to 90 days (tor existing businesses). This amendment was adopted by Ordinance No. 09-013 on February 2,2009, and is only effective for one year, as temporary assistance to struggling businesses during this challenging economic period. Due to an incomplete modification to the code text, the ultimate amendment contains conflicting provisions relative the locations where temporary banners may be displayed. Recall that staff promoted the placement ot the banners throughout the subject property, with the exception of rights-ot-ways and the buffers along abutting rights-ot-way. However, the former version of the regulations precluded them trom setbacks, which was not omitted when modified. Obviously, if it was the intent to preclude them from setbacks, it would have been redundant to also preclude them from the right-ot-way buffer. This conflict within the resulting revision was an oversight, and staff proposes to fix the code with a quick revision to the regulations through the simple elimination ot the word "setbacks" as shown below: F. One temporary banner may be posted by a business that has been issued a business tax receipt on private commercial or industrially zoned property within the city for a period of time not to exceed ninety (90) days within a one year period. Temporary banners may not exceed an area of twenty (20) square feet each. Temporary banners may not be placed in setbacks, landscape buffers along rights-of-ways or within rights of ways. Applicant shall agree to remove banners within twelve hours upon posting of a tropical storm or hurricane watch. This subsection shall not prohibit the city from placing banner signs on city owned property or within the public right-of-way within certain designated corridors throughout the cityin order to announce municipal or not-for profit activities, events or programs pursuant to this chapter. The need for this correction was just realized by staff, thereby preventing it from being placed timely on the March agenda. Staff is now reacting expeditiously to quickly amend the code and remove the inconsistency to prevent confusion in its implementation and enforcement. Staff requests the Board's support of this correction. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-002 Banners for existing businesses\P&D board - clean up of banner regs - 3-24-09 meeting.doc 1 ORDINANCE NO. 09- 0 ~ 3 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 21, ARTICLE III, SECTION 6 6 "SPECIAL SIGNS", BY AMENDING SUB-SECTION F TO 7 CLARIFY WHERE TEMPORARY BANNERS MAY BE 8 PLACED; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, on February 2, 2009, the City Commission approved Ordinance 09-013 14 amending the City's sign regulations by increasing the time allowed for the display of 15 temporary banners from two (2) weeks to ninety (90) days for existing businesses; and 16 WHEREAS, due to an incomplete modification to the code text the ultimate 17 amendment contains conflicting provisions relative to the locations where banners may be 18 displayed; and 19 WHEREAS, the City Commission has considered staffs recommendations and reports, 20 and determines and finds that it would be appropriate to amend the current sign code to clarify 21 where temporary banners may be placed; and 22 WHEREAS, the City Commission finds that the adoption of this ordinance is in the )~ best interest of the health. safety, and welfare of the citizens and residents of the City of --' 24 Boynton Beach. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. . fhe foregoing whereas clauses are true and correct and are now ratified 28 and coniinned by the City Commission. 29 Section 2. Chapter 21, Article 111. Section 6F of the Land Development Regulations . . 30 of the City of Boynton Beach Code of Ordinances is hereby amended as follows: - I. \ \CAIUrdll1anccslLDR Changes\2nd Amendlllg LDR 21 (6f S]CiNSII042109) doc II II II )1 i F. One temporary banller may be posted by ,1 bu~mesc' that has =: I been Issue a business tax recl'ipt un pr1\ ale ,'ummercial 'elr :; I industrially zoned property' \\ithin the CIty for a perwu I ,j time nol 4 i to exceed ninety iLJ()) Jays \vithin a i )lk' year pCrll,d ,'mpurary ~ banners may nut cxcccu an arl'a II t" 1 wenty (2U I "q Uclrl' (xl l\1\: h, h Tempurary banners 111Cl\ n(11 hl' placed 111 "R't"+tt\i'C' ,mdscape i buifers along righls-01-\\ays (ll' \\llhin nghb \\,i\ s STempC!I<:rrY_9anners _~llal L_Jll2l_9"':_l1lQ~l11tc~L_.tc!l} _ l.'r,ctJJJChelL~ 9 landscapinQ. utility pules or L'.U\ wires.. \n applicant shall l-e111ll\ e 10 temporary banners within lwche hours upon posting 01 :J tropical 11 storm or hurricane vvatch. This subsection shall not pruhibit the 1 =: city from placing banner signs on elly l'\\!led property ur \\ ithin the 13 public right-of--\vay within certain designated corridors throughout ]4 the city in order to announce municipal [lr nut-fur ll]"(ytit activities. I:=; events or programs pursuant to this chapll'r. 16 1 -: Section 3. Each and every ()ther pHI\ iSlon uf the I,and De\. elopment Regulations ] S not herein specifically amended. shall remain in full rurce and effect as originally adopted ] q Section 4. All laws and ordinances apply mg to the C'ity ,d' Boynton Beach 111 =:0 conilict with any provisions of this ordinance are hereby repealed. =: 1 Section 5. Should any section ur pro\'isiull uf this Urdinance ur any portion thereld =:=: be declared by a cuurt uf cUl11petent jurisdictiun tl' k imalid. such dl'cislun shall not affect the =:3 remainder ufthis Ordinancc. =:4 )cction 6. Authority is hereby gl\en to codii) this Ordinancc. :25 Section 7. This Ordinance shall becomc cffectivc immediately and shall sunset =:6 F ebruar\ ]. 20] O. =:7 FJRST READING this QlJ ~y ()f App.,-,~ .200Q I J "l .'\ ,I >rd,n'lIICCS ,LDJ-( l'iJan~c' 2nd :\111cndll1~ I.DR .' I 11>1 "I(,"~ II (142111'1, ch 'l 1 SECOND, FINAL READING AND PASSAGE this _ day of ,2009. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 ~-_.,--,--,----"-~'----"-- 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Woodrow L. Hay 10 1 ] ]2 Commissioner - Ronald Weiland ] 3 ]4 - "- - ~.,--~- . --~- --------_.- 15 Commissioner- Jose Rodriguez 16 ] 7 ~_._._.^._. -_._----~._- ---- ] 8 Commissioner - Marlene Ross 19 ATTEST: 20 2] '-'---'-~-'- --. n Janet M. Prainito, CMC 7~ City Clerk ~.) 24 25 26 (Corporate Seal) 27 28 . . -, - S \C/\I()rdmances\LDR Changes\2nd Amending LDR 211h} SIGNSIID421091 doc DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION Memorandum PZ 09-015 TO: Chair and Members Planning and Develop~rd FROM: Michael Rumpf, Directo Planning and Zoning " DATE: March 19,2009 RE: Temporary banners - Clean-up needed to recent code amendment Chapter 21. Signs, Article III 6(F) You will recall the recent amendment processed to the City's sign regulations, increasing the time allowed for the display of a temporary banner from 2 weeks to 90 days (for existing businesses). This amendment was adopted by Ordinance No. 09-013 on February 2, 2009, and is only effective for one year, as temporary assistance to struggling businesses during this challenging economic period. Due to an incomplete modification to the code text, the ultimate amendment contains conflicting provisions relative the locations where temporary banners may be displayed. Recall that staff promoted the placement of the banners throughout the subject property, with the exception of rights-of-ways and the buffers along abutting rights-of-way. However, the former version of the regulations precluded them from setbacks, which was not omitted when modified. Obviously, if it was the intent to preclude them from setbacks, it would have been redundant to also preclude them from the right-of-way buffer. This conflict within the resulting revision was an oversight, and staff proposes to fix the code with a quick revision to the regulations through the simple elimination of the word "setbacks" as shown below: F. One temporary banner may be posted by a business that has been issued a business tax receipt on private commercial or industrially zoned property within the city for a period of time not to exceed ninety (90) days within a one year period. Temporary banners may not exceed an area of twenty (20) square feet each. Temporary banners may not be placed in setbaGks, landscape buffers along rights-of-ways or within rights of ways. Applicant shall agree to remove banners within twelve hours upon posting of a tropical storm or hurricane watch. This subsection shall not prohibit the city from placing banner signs on city owned property or within the public right-of-way within certain designated corridors throughout the city in order to announce municipal or not-for profit activities, events or programs pursuant to this chapter. The need for this correction was just realized by staff, thereby preventing it from being placed timely on the March agenda. Staff is now reacting expeditiously to quickly amend the code and remove the inconsistency to prevent confusion in its implementation and enforcement. Staff requests the Board's support of this correction. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-002 Banners for existing businesses\P&D board - clean up of banner regs. 3-24-09 meeling.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida March 24, 2009 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the February 24, 2009 Planning and Development Board meeting agenda items. Mike Rumpf, Planning and Zoning Director, reported the City Commission had approved the Land Development Regulations Rewrite, Group 6 deliverable. Staff would be moving forward for adoption and would continue to review the Rewrite, taking into consideration the comments made by the Board. Mr. Rumpf noted the City had recently adopted an ordinance amending the Land Development Regulations Sign Code pertaining to the display of temporary banners. Staff had discovered that the amendment contained an unintended, internal conflicting provision and wished to amend the Code to remove the inconsistency. The ordinance adopted was effective for one year and would sunset February 9, 2010. It permitted existing businesses to display a temporary banner for a 90-day period during anyone year period. The intention of the ordinance was to allow more latitude and flexibility in displaying the banners within the time period set and throughout the property . The existing Code prohibited banners in setbacks. Staffs added text permitted the placement of banners throughout the property, with the exception of rights-of-way and buffers along rights-of-way. The earlier regulations precluded the display of banners from setbacks which had not been omitted from the amendment. If it had been the intent to preclude the banners from setbacks, it would have been redundant to preclude them from the rights-of-way buffers. Staff proposed to amend the Code by removing the word "setbacks." Mr. Rumpf noted the inconsistency had not been reported timely and could not be included on the agenda. Staff sought the Board's position on the proposed amendment, which would be brought before the City Commission. Motion Ms. Barritt moved to approve the strikeout of "setbacks" from the language. Ms. Grcevic seconded the motion that passed unanimously. 2 XII. - LEGAL - 1st Reading CIJY D~ B.Q~NTON . " ITEM C.1 "fry. , .. r'"c't6R~H v ' "', F'" CITY WtlOYN EACH AGENDA ~~IIiT FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetinrz. Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Dates I Office o June 16,2009 5,2009 19,2009 Jul 4,2009 AnnouncementsIPresentations NA TURE OF AGENDA ITEM RECOMMENDATION: Please place this item on the City Commission Agenda for May 5, 2009 under Legal Ordinances - 1 st Reading EXPLANATION: The Business Development Board of Palm Beach County has requested a number of cities, including Boca Raton, Delray Beach, West Palm Beach and Boynton Beach, to adopt a code change that would formalize the concept of expedited permit review for specific types of businesses and industries. PROGRAM IMPACT: The Department of Development currently operates a streamlined permitting' process. As such, all permits are effectively "expedited." Therefore, the adoption of an ordinance to formalize an expedited permit review process will have minimal impact on the current procedures. Nevertheless, in addition to meeting the requirements for certain tax credit applications, many in the business community consider a formally adopted expedited permitting ordinance to be an essential marketing tool for attracting new business and industry to the county. FISCAL IMPACT: N/A AL TERNA TIVES: Continue current procedures with adjustments as necessary to enhance efficiencies. ~ ~- City Manager's Signature Department of Development Ass~t to City Manager ~ 'c Ci~ Attorney / Finance S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC ] ORDINANCE NO. 09 - j 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 PART III, "LAND DEVELOPMENT REGllLATIONS", 6 I CHAPTER 1, ARTICLE VIII, TO ADD A NEW SECTION 7 4 "EXPEDITED DEVELOPMENT REVIEW 8 PROGRAM"; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City Commission of Boynton Beach seeks to attract companies that 13 are expanding operations or moving into the City so that economic gro\V1h and employment 14 opportunities may be created at a faster pace; and 15 WHEREAS, developing an expedited permitting process to resolve permitting issues 16 in a timely manner will attract such companies to the City; and 17 WHEREAS, the Commission has a legitimate public interest in preserving the 18 character and quality of neighborhoods, which requires assuring the availability of workforce 19 housing and affordable housing for low and moderate income persons in the City; and 20 WHEREAS, developing an expedited permitting process tor such housing \\111 21 encourage construction and advance the Commission's goal of providing workforce housing j'1 and affordable housing to its residents: and ...,.., WHEREAS, the Commission believes that the community should take steps toward --, 24 acting in an environmentally responsible manner: and 25 WHEREAS, over time, environmentally sound practices will save money, energy. 26 and natural resources; and 27 WHEREAS, the Commission seeks to encourage environmentallv responsIble , I 28 construction: and 29 WHEREAS, developing an expedited permitting process will encourage construction 30 II of environmentally responsible buildings: and 31 WHEREAS, the City Commission for the City of Boynton Beach finds that the "''1 I implementation of an expedited permitting process for building permits and planning and -'~ I zoning permits is in the best interest of the health. safety. and welfare of the citi7em ()f th,_' 33 34 City of Boynton Beach. 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. Each Whereas clause set forth above IS true and correct and 3 incorporated herein by this reference. 4 Section 2. That Part III, "Land Development Regulations", Chapter 1, Article VIII 5 is hereby amended to create a new Section 4 as follows: 6 7 Section 4. Expedited Development Review Program 8 9 A. New and expanding businesses in the following categories are eligible for 10 expedited reviews for site plans (and related applications), building permit applications, and 11 required inspections: 12 13 ( 1) Bioscience 14 -1-:-(2) Medical or pharmaceutical research and development; 15 ;h(3) A viationl Aerospace/Engineering; 16 }.;.( 4) Communications/Information technology; 17 4l5) Business and financial services (non-retail); 18 ~(6) Education related to the above industry clusters; 19 20 21 B. Businesses may also qualify for the expedited permitting program if the 22 company is a sanctioned proiect by the State of Florida or other recognized economic 23 development organization (Florida Office of Tourism, Trade and Economic Development 24 (OTTED), Enterprise Florida, or Business Development Board of Palm Beach County). 25 26 C. Residential Developments that provide affordable housing and workforce 27 housing units, as defined in the City's Workforce Housing Ordinance, shall be afforded 28 expedited reviews for site plans, building permit applications, and required inspections. 29 30 D. Development applications for residential and commercial environmentally 31 responsible buildings shall be afforded expedited reviews for site plans (and related 32 applications), building permit applications, and required inspections. The proiect must be 33 registered with a nationally recognized green certification agency, including but not limited 34 to: 35 36 (1) USGBC - United States Green Building Council 37 (2) FGBC - Florida Green Building Coalition 38 ( 3) Green Globes 39 (4) NAHB - National Association of Home Builders. National Green 40 Building Standard 41 42 E. All entities that apply for this expedited review program shall provide a 43 detailed explanation of how the proiect will advance the City's economic. housing. or 44 I environmentally responsible goals. 1 I IF. Entities that have been accepted into the expedited permittin~ prograrrl_~h91} 3 receive the following benefits: 4 I 5 (1) The Citv Manager shall appoint a single point of contact at the City who 6 shall have the responsibility of assisting the applicant throughout. the 7 development application and permitting process: and 8 9 (2 ) The Planning, Zoning, Building, Engineering and Public Works, and other 10 applicable Citv departments shall establish the necessarv steps required for 11 proiect approval and permitting in a pre-application meeting and subsequenth. 12 within three (3) business days, prepare an optimal timetable for the proiect" s 13 completion of the development and application review process: and 14 15 ( 3) The proiect shall receive priority at every phase of the review process b) 16 City staff, including face-to-face meetings as needed. However. publi<:. 17 hearings are subject to the availabilitv of the relevant board and the decisions 18 of such boards are not guaranteed to be made immediatelv. Therefore. tu the 19 extent possible, public hearing scheduling shall be expedited if applicable to a 20 particular development application: and 21 ! II (4 ) Comments relative to the Citv's Planning. Zoning and Bud ding 23 department review:: shall be provided to the applicant within seven business 24 days of the submission of a completed development application. The City and 25 the applicant shall make a mutual commitment to provide all other 26 development and permit application review comments and correspondin~ 27 revisions thereto in a thorough and timelv manner: anq 28 29 ( 5) Should any issues arise at any point during the development application 30 review and permitting process. the City will use the most expeditious means to 31 resolve the issue. A face to hlce meeting between City staff and the applicant"s 32 representatives, if necessary. shall be scheduled within three business days of 33 the applicant's notification of the issues: and 34 35 ( 6) A description of the benefit to the City. as defined in paragraph ( e) hl'rein. 36 shall be included in the staff report for the proiect for the planning. zonin~. and 37 appeals boards and City l'ommission meetings. 38 I 39 Section 3. Each and every other provision of Chapter 26. nut herein speciticall) I 40 I amended shall remain in full force and effect as previously enacted. I 41 I Section 4. All ordinances or parts of ordinances in contlict herewith be and the ! 42 I same are hereby repealed. I i , . 1 Section 5. Should any section or provision of this ordinance or portion hereof, any 2 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 3 such decision shall not affect the remainder of this ordinance. 4 Section 6. Authority is hereby granted to codify said ordinance. S Section 7. This ordinance shall become effective immediately. 6 7 FIRST READING this _ day of ,2009. 8 9 SECOND, FINAL READING AND PASSAGE this day of 10 ,2009. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor - Jerry Taylor 16 17 18 Vice Mayor - Woodrow.L. Hay 19 20 21 Commissioner - Ronald Weiland 22 23 24 Commissioner - Jose Rodriguez 25 26 27 Commissioner - Marlene Ross 28 ATTEST: 29 30 31 32 Janet M. Prainito, CMC 33 City Clerk 34 35 36 (CORPORATE SEAL) 37 38 39 S'\CA\Ordinances\Expedited Permitting Ordinance (as of2-9-09).doc