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Agenda 11-03-09 WORD DOCThe City of Boynton B ach 100 E. Boynton Beach Boulevard • (561 ) 742 -6000 TUESDAY, NOVEMBER 3, 2009 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor - At Large dVoodrow Hay Vice Mayor - District II Ron Weiland Commissioner - District I Jose Rodriguez Commissioner— District III Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Tni Visit our Web site 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) -2- November 3. 2009 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Hay D. Agenda Approval 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the City of Boynton Beach becoming a "COMMIT 2B FIT" community. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the d iscretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Accept the resignation of Jay Allard, a regular member of the Recreation and Parks Advisory Board. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. 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. Approve the Minutes from the City Commission meeting held on October 20, 2009. B. Award the multi -award Bid # 063 - 1412- 09 /MFD for "ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY /SILK SCREENING" on an overall basis to the lowest, most responsive, responsible bidders who meet all specifications with an estimated annual expenditure of $38,000.00. - 3 - November':), 2009 C. Award "CO -OP CHEMICALS AND FERTILIZER" Bid# 073 - 1411- 09 /CJD to various vendors as listed below based on the lowest, most responsive, responsible bidders who meet all specifications with an estimated expenditure of: $89,570.15. D. PROPOSED RESOLUTION NO. R09 -116 -- Approve piggyback the Jacksonville Electric Authority (JEA) 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 for a project cost of $2,113,795.97 with a 10% contingency of $211,379.60 for a total project cost of $2,325,175.57 E. PROPOSED RESOLUTION NO.R09 -163 -- Execute Modification Number Four to Subgrant Agreement with the State Division of Emergency Management to extend the Period of Performance from December 31, 2009 to July 31, 2010 (DCA Contract Number 07HM- 4 @- 10 -60 -02 -006, dated September 28, 2006 - FEMA Project 1545- 74 -R). F. PROPOSED RESOLUTION NO. R09 -164 -- Approve and authorize signing of an Agreement for Water Service outside the city limits with Edner & Juliennise Vaillant for the property at 1148 Highland Rd, Lantana, FL. G. PROPOSED RESOLUTION NO. R09 -165 -- Approve grant of easement to FPL FiberNet to install new cable and conduit at 300 West Woolbright Road. to service existing cell site facility located at Little League Park. H. PROPOSED RESOLUTION NO. R09 -166 -- Approve Amendment #1 to Task Order No. U04 -08 -10 with Globaltech, Inc to provide Design- Build services to evaluate and replace media in Filter #1 at the East Water Treatment Plant in the amount not to exceed $215,375.. PROPOSED RESOLUTION NO. R09 -167 -- Approve and authorize the execution of a three year contract with an option to renew for two additional one year periods for PENSION CONSULTING SERVICES RFP # 050 - 1410- 09 /JA, with The Segal Company, Inc. of Atlanta. Georgia. J. PROPOSED RESOLUTION NO. R09 -168 -- Approve an agreement for Water Service outside of the City Limits with Sunshine Commercial Investments, Inc., for a parcel of land located at 8305 S. Military Trail, Boynton Beach. K. PROPOSED RESOLUTION NO. R09 -169 -- Authorize amendment to Resolution 05 -190 to allow the extension of the original agreement from May 31, 2010 to May 31, 2012. - 4 - November 3. 2009 L. PROPOSED RESOLUTION NO. R09 -170 -- Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on October 15, 2009. (a) approving the amended and restated Interlocal Agreement for the Delivery and Use of Reclaimed Irrigation Water between the City of Boynton Beach and the South Central Regional Wastewater Treatment and Disposal Board (b) approving the revised Industrial Waste and Pretreatment Agreement between South Central Regional Wastewater Treatment and Disposal Board and the City of Boynton Beach and the City of Delray Beach. M. PROPOSED RESOLUTION NO. R09 -171 -- Delegate authority to the Fire Department Medical Director and other appropriate City officials to execute Memoranda of Understanding and other necessary documents between the City, Palm Beach County Health Department and the Florida Department of Health for the H1 N1 vaccination. N. PROPOSED RESOLUTION NO. R09 -172 -- Approve the agreement to extend ESRI, Inc. annual software maintenance in the amount of $31,745, in accordance with the attached quotation. O. Approve the "Purchase of one new and unused Chevy Extended Cargo Van to include a Control /Equipment Room along with Computer Hardware and Desktop Touchscreen" Bid # 058 - 2821 -09 /JA to Optical Robotics d /b /a Cobra Technologies of Smyna, Georgia in the amount of $98,960.00 P. Approve expenditure from the department's Law Enforcement Trust Fund (State Forfeiture) in the amount of $25,000.00 for donation to the Youth Violence Prevention Program. Q. Approve a motion to accept the written report to the Commission for purchases over $10,000.00 for the months of August and September 2009. R. Accept quarterly report from the City of Boynton Beach Green Sustainability Team for July 2009 through September 2009. S. Approve a full release of surety covering the water and sanitary sewer systems in the project known as Quantum Lakes Mixed Use, and return the performance bond MS3602996 in the amount of $35,414.15 from Great American Insurance Company to the developer of this project. T. Review and accept the General Fund and the Utility Fund Revenue & Expenditure Analysis (Budget to Actual results) for the Fiscal Year Ended September 30, 2009. U. Return the $29,600 cash surety for site restoration on the Catalina Centre Development to Waiboyn Development Corporation. V. Approve the "MONTEREY BAY - TRACT C -1" Record Plat, conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). -5- November 3, 2009 7. CODE COMPLIANCE & LEGAL SETTLEMENTS None 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED RESOLUTION NO. R09 -173 -- Designating a Portion of the Community Redevelopment Area a Brownfield. 9. CITY MANAGER'S REPORT A. Consider City staff review of proposals submitted in response to the City's RFP to address space needs of the Police Department and /or City Hall and based on staff review by the Selection Committee to - (1) Request oral presentations by one or more of the respondents before proceeding further. (2) Direct staff to further negotiate one proposal, or (3) Consider researching other options to provide necessary space, or (4) Decide not to move forward with addressing space needs at this time. 10. FUTURE AGENDA ITEMS A. Proposed Ordinance No. 09 -009 Amending the Comprehensive Plan Future Land Use Map classification from Me dium Density Residential to Industrial. (New Urban High Ridge LUAR 09- 001) (Tabled to December 1, 2009) B. Proposed Ordinance No. 09 -010 Rezoning a parcel of land located on the northwest corner of High Ridge Road a nd Miner Road from Planned Unit Development (PUD) to M- 1 Industrial District. (New Urban High Ridge LUAR 09- 001) (Tabled to December 1, 2009) C. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and Fire /EMS Services contracts and 2) Water /Sewer charges. (Tabled to November 17, 2009) 11. NEW BUSINESS None -6- November 3. 2009 12. LEGAL A. PROPOSED ORDINANCE NO. 09 -043 -- 2ND READING -- Adopt Ordinance authorizing the use of Development Agreements. 13. UNFINISHED BUSINESS None 14. 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 CITY. PLEASE CONTACT PAM WELSH (561) 742 -6013 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. -7- November 3. 2009 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ® ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS [:1 CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Proclaim the City of Boynton Beach becoming a "COMMIT 2B FIT' community. EXPLANATION OF REQUEST: At the request of Commissioner Rodriguez, staff has prepared a Proclamation for the Commit 2B Fit Foundation to proclaim the City of Boynton Beach as a "Commit 2B Fit Community ". This program is part of a community service project that Commissioner Rodriguez is participating in through the 2009 Leadership Palm Beach County Program. Staff met with Commissioner Rodriguez and the Commit 2B Fit representatives to discuss how this program could benefit the citizens and employees of Boynton Beach. Commit 2B Fit is a non - profit organization working to combat childhood obesity and to promote overall wellness. The program is dedicated to affecting positive change in children and families by increasing physical activity levels and better nutrition. By becoming a "COMMIT 2B FIT' community, we will take part in an effort to promote physical activity and making healthy food choices; providing incentives for accomplilshments, and sending this message to families through educational outreach and collaboration with our local chamber, schools and recreational programs. This could be the first generation of kids to live shorter lives than their parents! The good news is that proper nutrition and increased physical activity can help prevent many disease related issues later in life. Through the efforts of Commit 2B Fit and our after - school programs, we car help to create behavior and lifestyle changes by: motivating children to "commit" to being physically active and making healthy food choices; providing rewards for progress; and reaching families with the same message through educational outreach and collaboration with all facets of our community. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Recreation & Parks Department will participate in the Commit 2B Fit After - School Program, which involves maintaining a nine -week -8- November 3, 2009 journal that helps children set goals and track nutrition and physical activity. Department staff will be trained to implement the program, which will include incorporating good nutrition activities and a variety of exercises and games into each afternoon's schedule. Participants and staff will also be sharing the information they receive with their families to help encourage participation throughout the community. The program will begin on November 10. 2009. Additionally, the City plans to become a community model and integrate a Commit 2B Fit component into our existing Employee Wellness Program by educating and motivating City employees to develop habits that will lead to a healthier lifestyle. Representatives from Commit 2B Fit will be on site at the City's wellness fair scheduled for Thursday, March 18, 2010. Also, the City's web site will include a direct link to the Commit 2B Fit web site. When the City's Intranet web site is developed, information will be available for employees regarding the City's Commit 2B Fit program and updates regarding ongoing City initiatives and activities. FISCAL IMPACT: Cost to participate in the Commit 2B Fit After - School Program is $885.00. This cost will be covered through the Recreation Program Fund (registration fees). The Employee Wellness Program component will cost approximately $200 annually and will be absorbed by the Human Resources Wellness Program budget. ALTERNATIVES: Do not participate in the program. _ g _ November 3. 2009 Proclamation Commit 2B Fit Boynton Beach WHEREAS, THE Commit 2B Fit Community Program was created to prevent childhood obesity and Type 2 diabetes; and WHEREAS, the purpose of the Commit 2B Fit Community Program is to recognize communities that are committed to creating and maintaining a community environment supportive of active living and healthy eating; and WHEREAS, the Commit 2B Fit Community Program will contribute to improving the health of people in these communities; and WHEREAS, the communities that "Commit 2B Fit" affirm activity - friendly commitments by community leaders and elected officials, advertise and display the Commit 2B Fit Community designation, and promote "Commit 2B Fit" in recreation and summer camp programs; and WHEREAS, the intention of the Commit 2B Fit Community Program is to affect positive change in children and families, promote increased physical activity and better nutrition in the community, and to create habits that can lead to a healthier life for all involved; and WHEREAS, the City of Boynton Beach has decided to take the pledge and "Commit 2B Fit" and encourages all its residents to do the same; NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim that Boynton Beach is a "COMMIT 213 FIT" COMMUNITY and call upon citizens to join us in making a commitment to become a "Fit" community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed this 3rd day of November 2009. Jerry Taylor, Mayor CITY OF BOYNTON BEACH ATTEST: City Clerk (Corporate Seal) - 10- November 3, 2009 5. A ADMINISTRATIVE November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ® ADMINISTRATIVE El BUSINESS El CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Accept the resignation of Jay Allard, a regular member of the Recreation and Parks Advisory Board. EXPLANATION OF REQUEST: Jay Allard has submitted a letter of resignation stating his reason for the request. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Recreation and Parks Advisory Board will have a vacant position. FISCAL IMPACT: None ALTERNATIVES: None - 11 - November 3, 2009 Page I of 1 Pyle, Judith From: Majors, Wally Sent: Monday, October 12, 2009 3:48 PM To: Prainito, Janet; Pyle, Judith Cc: Lloyd, Vicki Subject: FW: Parks Committee Janet and Judy, Note below. Do you need anything else to process his resignation from the board? Welly From: Jay Allard [mailto;jay @allardworks.com] Sent: Monday, October 12, 2009 3:41 PM To: Majors, Wally Subject: Parks Committee Hey Wally I've decided to resign from the committee. I don't feel like I've contributed anything since I've been there. There are other areas that I can contribute where I would be more useful, and I would rather do that. I received an email today about the 3 hour meeting this weekend. I can go to that if it requires the head count. I can continue to attend the meetings if you need time to find a replacement. Let me know what you need me to do. Thanks Jay 10/12/2009 _ 12 _ November 3, 2009 5. B ADMINISTRATIVE November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGER's REPORT ® ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ I PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The boards listed will not be full boards and may compromise the efficiency of the individual board. FISCAL IMPACT: None ALTERNATIVES: Allow vacancies to remain unfilled. - 13 - November 3, 2009 Appointment Length of Term To Be Made Board Expiration Date III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3) II Hay Cemetery Board Reg 3 yr term to 12/09 (Tabled 3) III Rodriguez Cemetery Board Alt 1 yr term to 12/09 (Tabled 2) III Rodriguez Code Compliance Board Alt 1 yr term to 12/09 (Tabled 2) Mayor Taylor Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 3) I Weiland Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 3) II Hay Education & Youth Advisory Board Alt 1 yr term to 12/09 III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 IV Ross Education & Youth Advisory Board Stu 1 yr term to 12/09 Mayor Taylor Golf Advisory Committee Reg 5 yr term to 6/10 I Weiland Library Board Reg 3 yr term to 12/11 IV Ross Library Board Alt 1 yr term to 12/09 (Tabled 3) Mayor Taylor Library Board Alt 1 yr term to 12/09 IV Ross Planning & Development Board Alt 1 yr term to 12/09 (Tabled 2) III Rodriguez Recreation & Parks Adv. Bd. Alt. 1 yr term to 12/09 (Tabled 3) GOLF ADVISORY COMMITTEE ALTERNATES: Scicchitano, Frank Giangreco, Corrado P. 6/11 Appt'd 5/1/07 6/11 Appt'd 7/18/06 - 14- November 3. 2009 Last Name First 1 5t Choice Name Anton Steve Arts Com Erlichman Barbara Library Board Farrington John Veterans Commission Indilicato Susan Golf Advisory Committee *Scantlan Don Veterans Commission arises. s 2 "d Choice 3 rd Choice * Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy - 15- November 3 , 2009 6.A CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meeting held on October 20, 2009. EXPLANATION OF REQUEST: The City Commission met on October 20, 2009 and minutes were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken by the City Commission will maintained as a permanent record FISCAL IMPACT: N/A ALTERNATIVES: N/A -16- November 3 , 2009 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, OCTOBER 20, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner 1. OPENINGS Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Taylor called the meeting to order at 6:30 p.m. The invocation was given by Vice Mayor Hay. Commissioner Weiland led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor noted there were two items added to the original agenda. A. Clarification and interpretation of Zoning Code regarding uses in the M -1 Zoning District. Commissioner Weiland noted there may be an addition to the agenda based on the discussion regarding the uses allowed in an M -1 Zoning District. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda. Commissioner Ross seconded the motion. The motion passed unanimously. Commissioner Weiland presented the discussion relating to permitted uses within an M -1 Zoning district and the plight of a citizen attempting to open a jazzercise studio in the area off High Ridge Road. Both a gymnastics school and a cheerleading school had been allowed to operate in the same area. It is zoned light industrial. The jazzercise studio would not attract children, rather adults. Staff defined jazzercise as not dance and Commissioner Weiland - 17 - November 3. 2009 presented the Commission with the definition of jazzercise as a form of dance. Commissioner Weiland requested the opinion of the Commission to add the item under New Business for possible approval. Commissioner Rodriguez concluded jazzercise, cheerleading and gymnastics all entailed an instructor, moving, dancing and athleticism. He would agree to allow jazzercising as a form of dancing. It did involve a resident of the City attempting to open a business within the City. Vice Mayor Hay agreed, but inquired on the methodology used by the other businesses to obtain permits. Mr. Bressner explained in 2004 a zoning text amendment to allow dance instruction in the M -1 district as a conditional use was approved. There has to be a review by the Planning and Development Board and then approval by the Commission. Commissioner Ross determined the applicant, Nancy Ojea, was present. There were no other interested parties in attendance. Ms. Ojea explained the steps she had taken to obtain the premises, including the use of a realtor and property records that indicated zoning of commercial /condominium. A lease was signed based on the information available. When Ms. Ojea applied for a license, she was told it was a light industrial area and the license was denied. It was explained to Ms. Ojea there was a conditional use for dance, but when she applied as a dance studio, the license was denied based on the determination jazzercise was not a dance program. Ms Ojea explained jazzercise was a combination of dance movements set to music for exercise by dancing. Mayor Taylor noted staff had consistently opposed these types of use because it is an industrial area to attract businesses and jobs. The Commission then allowed the gymnastics and cheerleading activities. Commissioner Weiland disagreed with the contention that Solid Waste trucks traversing the area would create a safety hazard. He noted the City's Public Work facility is in the middle of a residential area. He was open to moving forward with the license and allowing the business to open. Mr. Bressner described the area and the uses within the building. The parking system could be stressed by the addition of student vehicles. Ms. Ojea indicated the class size averaged 15 to 20 students each. The current parking allowed eight spaces per unit with a first come, first serve basis thereafter, per the building's association. Ed Breese, Principal Planner, added the Code did not allow the use and the parking ratios were not adequate. Other issues included the safety of small children around large equipment and trucks within the parking lot itself and the loss of industrial space to non- industrial users. Attorney Cherof outlined the process would be to inquire of staff their intent when drafting the language for the Code amendments or inquire of the Commission who adopted the ordinance and change. Gymnastics is a permitted use while dance studio is a conditional use. A determination that it is a permitted use would allow staff to process the application. A determination that it is conditional use would require an application for approval by the Planning and Development Board and the Commission. Mr. Breese indicated a conditional use approval is typically a three month process. Motion Commissioner Weiland moved to approve the request for jazzercise to be interpreted as gymnastics as a permitted use and move forward. Vice Mayor Hay seconded the motion. The motion passed unanimously. - 18 - November 3, 2009 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross thanked the City Clerk's office for the Commission's laptops and converting to a paperless agenda process. It would save a considerable amount of paper. Commissioner Ross sought information relating to the joint Homeless program. She was the designated liaison and had not received any information. Also, an update on the South Central Wastewater and Treatment Disposal Board meeting was requested. Mr. Bressner reported the Board of Directors had approved the allocation of reuse water. The ocean outfall had been shut down and the treated effluent had to be used for irrigation or other non - potable uses. Currently, the 18 million gallons of reuse water generated per day is split 6 million to the golf courses, 6 million for Delray and 6 million for Boynton Beach. The cities would be working with the golf courses to reduce their consumption to be divided equally by both cities. The goal was for both cities to increase their share to 8 million gallons per day. Commissioner Weiland congratulated the Fire Department and staff for the completion and opening of Fire Station #5. It is a hardened building and able to withstand 200 mile per hour winds. Mayor Taylor reported he and the City Manager had attended a Business Development Board meeting addressing the issue of attracting businesses to communities. Incentives from the federal, state, county and municipal levels were discussed in conjunction with the perspective of the business owner. The discussion also included the idea of confidentiality. The request had been made to have the presentation brought before the Commission to share the knowledge. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 4. 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) Herb Suss, 1711 Woodfern Drive, noted Fire Station #5 came in under- budget and under - time. He encouraged everyone to visit the state -of -the -art facility. Sherry Johnson, Community Caring Center Director, announced the Pumpkin Patch had arrived and would be open from 10 a.m. to 6 p.m. daily. Other activities would include story telling, face painting, singing and guitar playing. The Green Markets would be opening October 31 The market at the Children's Schoolhouse Museum would continue with an Art- in -the- Park theme with free space being given to emerging artists. The Classic Car Show would be held in February and the Hunger Walk in March. Ms. Johnson commended the Museum for their assistance and Mr. Bressner for his assistance with the market at the Mall. Ms. Johnson expressed her hope that both markets would be successful this year. - 19- November �. 2009 Mayor Taylor advised a local merchant had complained the vendors at the Museum were selling past the 1 p.m. closing time and asked Ms. Johnson to address the issue. John McGovern, 2620 Spiceberry Lane, distributed copies of an article summarizing parents working with municipalities to challenge School Board policies and decisions. He reiterated his suggestion for the City to fully inform the citizens regarding the March election and candidates. Mayor Taylor advised there are specific laws concerning the City's responsibility to inform the public regarding ballot issues including the use of any funds to distribute information. Attorney Cherof confirmed recent legislation had reversed the prior ruling that local governments could spend monies to educate the citizens and even advocate a position. It is now prohibited. Documentation relating to the identity of candidates and campaign contributions are public records that can be obtained by any citizen. Mr. McGovern did not feel citizens should have to pay for information relating to elections and candidates. Mayor Taylor indicated the press reports all campaign donations. Vice Mayor Hay added the City Clerk's office can provide any of the information requested. Attorney Cherof explained reviewing records is free. There is a charge made for copies. Mr. McGovern contended the web site should clarify that distinction. Commissioner Rodriguez suggested Attorney Cherof review the language on the web site to assure it is clearly stated that there is only a charge for copies and review is free. There was consensus to clarify the language, if necessary. Later, Attorney Cherof advised he had checked the City's web page, under Public Records, and the first paragraph of the form specially stated there is no charge to inspect records. There would be nothing to add. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve on the Historical Preservation Ad Hoc Committee. Mayor Taylor pointed out staff had recommended that five positions be filled from various fields of expertise. Commissioner Weiland noted advisory board appointees must be a resident of the City of Boynton and can serve on one board. Would those criteria apply to this committee also? Mr. Bressner responded it was not an advisory board and the Commission could develop its own criteria. Commissioner Rodriguez suggested each Commissioner make one appointment. Vice Mayor Hay wanted to discuss each appointment as they were made. Motion Commissioner Rodriguez recommended Warren Adams as an expert in historic preservation. Commissioner Weiland seconded the recommendation. Mayor Taylor supported the appointment. The motion passed unanimously. Motion Vice Mayor Hay appointed Barbara Ready. Commissioner Rodriguez seconded the motion. The motion passed unanimously. Motion -20- November 3, 2009 Mayor Taylor appointed Steven Holzman. He was an attorney and lived within the City limits. His web site provided further information. Commissioner Rodriguez noted Mr. Holzman had no historic preservation passed unanimously. experience. Vice Mayor Hay seconded the motion. The motion - 21 - November ;. 2009 Motion Commissioner Ross nominated Gaylord Hendricks. Commissioner Rodriguez seconded the nomination. He was a landscape architect. The motion passed unanimously. Motion Commissioner Weiland recommended John McGovern. Commissioner Rodriguez seconded the motion. Mr. McGovern had given useful information to the Commission on historic preservation from other projects and would be an asset. Mayor Taylor did not support appointing Mr. McGovern and Commissioner Weiland agreed in many areas he did not agree with Mr. McGovern's perspective. He would be an asset on the board. Vice Mayor Hay noted Mr. McGovern did bring a different point of view to many issues. Commissioner Ross appreciated Mr. McGovern's expertise. The motion passed 4 -1. (Mayor Taylor dissenting) The number of committee members needed was discussed. Vice Mayor Hay indicated five members should be sufficient with alternates. Motion Commissioner Rodriguez contended the Commission would be remiss if it did not appoint Linda Stabile to the committee with her extensive historic preservation experience. Commissioner Ross opined seven members would be preferable and there was consensus to appoint seven members. Mayor Taylor stressed Ms. Stabile did not reside within the City of Boynton Beach. Commissioner Ross seconded the appointment of Linda Stabile. The motion passed unanimously. Motion Mayor Taylor nominated Eric Jones who had thirty years of historic home preservation experience. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Accept the resignation of Lynda H. Frederick, a regular member of the Golf Advisory Board. Motion Commissioner Weiland moved to accept the resignation of Lynda Frederick. Commissioner Ross seconded the motion. The motion passed unanimously. C. Accept the resignation of John E. McGovern, a regular member of the Library Board. -22- November 3, 2009 Motion Commissioner Weiland moved to accept the resignation of John McGovern. Vice Mayor Hay seconded the motion. The motion passed unanimously. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Hay moved to appoint Jack McVey as an alternate member of the Recreation and Parks Advisory Board. Commissioner Weiland seconded the motion. The motion passed unanimously. 6. 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. Approve the Minutes from the City Commission meeting held on September 22, 2009. B. Approve the Minutes from the City Commission meeting held on October 6, 2009, C. PROPOSED RESOLUTION NO. R09 -117 -- Approve piggybacking the City of Delray Beach contract bid #2002 -37 with Chaz Equipment of Wellington, Florida to rehabilitate the City's wastewater gravity manholes for a project cost of $256,314.00 with a 15% contingency of $38,447.00 for a total project cost of $294,761.10. D. Approve appropriation of $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RP1001). PROPOSED RESOLUTION NO. R09 -145 -- Approve the Piggy -Back of Palm Beach County School Board RFP #09C -018K with Lutz Petroleum Equipment Installations, Inc., of Pompano Beach, Florida, for Labor, Equipment and materials for the installation and start up of a new above ground storage tank system and removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5 %) contingency. (Tabled on October 6, 2009) E. PROPOSED RESOLUTION NO. R09 -148 -- Approve and authorize the execution of a two year contract for the RE -BID TO RE -BID FOR THE TWO - YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES, Bid# 067 - 2110- 09 /JA, to Staffing Connection /Action Labor of West Palm Beach, Florida for an estimated annual expenditure of $304,170.00. - 2 1 - November 3. 2009 F. PROPOSED RESOLUTION NO. R09 -149 -- Approve and authorize the execution of a Contract for "BOAT CLUB PARK RENOVATIONS" Bid # 065 - 2730-09CJD to: BURKE CONSTRUCTION Group, Inc. of West Palm Beach, Florida in the amount of $220,900 with a 10% contingency of $22,090 for a total project cost of: $242,990. Commissioner Ross pulled Item 6.F for discussion. G. PROPOSED RESOLUTION NO. R09 -150 -- Approve the award of the ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" Bid #052 - 2821-09/JA, to Shannon Chemical Corporation, of Malvern, Pa. for an estimated annual expenditure of $ 52,990. H. PROPOSED RESOLUTION NO. R09 -151 -- Approve the "First Amendment - Agreement for the Provision of Supplemental Police Services" between the CRA and the City. Commissioner Ross pulled Item 6.H for discussion. PROPOSED RESOLUTION NO. R09 -152 -- Approve execution of the first amendment to the Palm Beach Co. Recreation Assistance Program (RAP) Agreement in an amount not to exceed $7,000 to help offset costs of the 2009 Heritage Celebration. J. PROPOSED RESOLUTION NO. R09 -153 -- Approve the Interlocal agreement between the Board of County Commissioners, Palm Beach County, Florida, and the City of Boynton Beach, Florida authorizing the City of Boynton Beach to enter into a 1 year agreement to receive funding in the amount of $279,900 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach. K. PROPOSED RESOLUTION NO. R09 -154 -- Approve an Agreement with RESPECT of Florida for janitorial services at the Utility Department's Administration Building, East Water Treatment Plant and West Water Treatment Plant for an annual expenditure of $49, 960.84. L. PROPOSED RESOLUTION NO. R09 -155 -- Approve a new inter -local agreement with the Solid Waste Authority (SWA) for delivery of municipal recycling to their new facility with a revenue sharing program. M. PROPOSED RESOLUTION NO. R09 -156 -- Approve the sixty -three (63) month Application Service Provider agreement with SunGard Public Sector Inc., effective October 1, 2009, to host their integrated HTE government application - software package and the City's data at SunGard's secure Georgia data - center. The total sixty -three (63) month cost is $879,765 (minus a $30,332.82 credit for October 1 through December 31, 2009), in accordance with the attached "Schedule A — Order Form ". N. PROPOSED RESOLUTION NO. R09 -157 -- Execute the Interlocal Agreement (ILA) with the Town of Ocean Ridge to allow beach patrons who have purchased annual parking permits to park at designated spaces at the west end of the Town - 24 - November 3, 2009 Hall parking lot at times when the Oceanfront Park parking lot is in an overflow status. O. PROPOSED RESOLUTION NO. R09 -158 -- Approve the Interlocal Agreement between the City of Lake Worth and the City of Boynton Beach for building, planning and related administrative services. P. PROPOSED RESOLUTION NO. R09 -159 -- Authorize entering into a contract with Palm Beach County Housing and Community Development, implementing activities under the 2005 Disaster Recovery Initiative Program, and receiving maximum reimbursement of $1,629,170. Q. PROPOSED RESOLUTION NO. R09 -160 -- Approve the Interlocal Agreement between Palm Beach County (PBC) and the City of Boynton Beach for participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. R. PROPOSED RESOLUTION NO R09 -161 -- Approve the FY 2008 -09 (a) transfer of budgeted funds from the Fire Assessment Fund to the General Fund in the amount of $3,174,665 and (b) increase the General Fund authorized appropriation and related budget of such funds in the same amount of $3,174,665. S. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. T. Release all surety for the water and sewer systems for the project known as Waterside, including the surety for offsite improvements, in the amount of $48,825.65, and refunding this amount to Southern Homes of Palm Beach, LLC, the developer of the project. U. Motion to release all surety for the water and sewer systems for the project known as Renaissance Commons, Phase VI, and returning Letter of Credit no. SM222405W from Wachovia Bank to the developer of this project. Motion Vice Mayor moved to approve the Consent Agenda with the exception of Items F and H. Commissioner Weiland seconded the motion. The motion passed unanimously. 6.F PROPOSED RESOLUTION NO. R09 -149 -- Approve and authorize the execution of a Contract for "BOAT CLUB PARK RENOVATIONS" Bid # 065- 2730 -09CJD to: BURKE CONSTRUCTION Group, Inc. of West Palm Beach, Florida in the amount of $220,900 with a 10% contingency of $22,090 for a total project cost of: $242,990. Gary Zinler, Vice President of Commercial Construction for the Surge Solutions Group of West Palm Beach, had attempted to contact the Purchasing Department regarding the bid on the Boat Club Park project. He wanted to review staff's recommendation. Mr. Zinler outlined his and his staff's qualifications and experience in the construction of similar projects. He did not feel there was an adequate representation of the expertise of his company. His company - 2� - November 3. 2009 had plans for the boardwalk project and wanted to submit that proposal also. Surge Solution Group had submitted the lowest bid for the Boat Club Park project. Contact with staff to provide any additional information needed had been unsuccessful. Mr. Zinler requested the Commission reconsider staff's recommendation. Commissioner Weiland recalled bids that the lowest bidder had not been selected based on incomplete data submitted by the bidder. The staff report indicates the references listed had no knowledge of Surge Solutions, Inc. Vice Mayor Hay noted the report indicated Surge Solutions did not have the experience as a known general contractor in construction. Carol Doppler, Purchasing Agent, clarified there is a Cone of Silence that must be followed in the bid process. Mr. Zinler indicated, at this point in the process, his company had not had an opportunity to remedy any deficiencies in the information provided. He questioned if his company was welcome to do business in the City of Boynton Beach in the construction field. Wally Majors, Director of Recreation and Parks, advised staff had checked the references provided that were not favorable to Surge Solutions and were not familiar with the vendor. The references for the vendor selected, Burke, were very favorable. Commissioner Rodriguez wanted assurances that an explanation is given for the Cone of Silence and the customers or vendors are not ignored. Ms. Doppler normally explained to the vendors the Cone of Silence was 10 days after the bid opening. Mr. Bressner interjected the staff report should be made available as soon as possible. Attorney Cherof explained vendors or bidders on a public project should understand the basics of the process when records can be obtained. Mr. Bressner suggested the competitive bid environment may require more specificity in the bid documents. Motion Commissioner Ross moved to approve Item 6.F, Proposed Resolution R09 -149. Vice Mayor Hay seconded the motion. The motion passed unanimously. 6.H PROPOSED RESOLUTION NO. R09 -151 -- Approve the "First Amendment Agreement for the Provision of Supplemental Police Services" between the CRA and the City. Commissioner Ross pulled the item to highlight the fact the City was funding the CRA police force $50,000 annually for next three years. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS None 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS -26- November 3, 2009 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof administered an oath to all those intending to testify regarding the three public hearing items. He also outlined the procedure to be followed. A. Baywalk, (SPTE 09 -007), Site Plan Time Extension, located at 3103 South Federal Highway; west side of Federal Highway, approximately 1/8 mile south of Old Dixie Highway. Request approval of a one (1) -year site plan time extension for a new site plan (NWSP 08 -001) approved on January 2, 2008, thereby extending site plan approval from July 2, 2009 to July 2, 2010. Applicant: Alberto Herrera, P.E., Development Consulting Group, Inc. Staff and Board recommend item be approved. Ed Breese, Principal Planner, reviewed the request for site plan time extension for 40, two and three bedroom units within 18 buildings. Current market conditions and resolution of the Conditions of Approval were the reasons given for not moving forward. Engineering permits and plat approval were ongoing. Staff recommended approval of the request. Alberto Herrera, representing Southern Homes, had no comments. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Commissioner Rodriguez suggested the applicant use some landscape plantings along the edge of the parcel to beautify the vacant land and buffer the area from the public. Mr. Herrera advised the applicant would have no problem with developing some landscape coverage. Currently there is a chain linked fence with a green tarp to shield the property from the vacant lot. Motion Commissioner Rodriguez moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. B. High Ridge Academy, (COUS 09 -005) (MSPM 09 -007), Conditional Use /Major Site Plan Modification, located at 1275 Gateway Boulevard/ NE corner of Gateway Boulevard and Park Ridge Boulevard. Request approval for conditional use / major site plan modification to allow for the conversion of an existing 14,692 square foot office building to a preschool /day care use. Applicant: 1325 Gateway LLC. The Planning and Development Board recommends, and staff concurs, that the item should be TABLED allowing submission of confirmation regarding vehicle stacking capacity, taking into consideration both the traffic movement and peak period characteristics of the subject use and the two other adjacent schools. (Planning and Development Board and staff recommend tabling) - 27 - November 3. 2009 Motion Commissioner Ross moved to table. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. First American Bank Office Complex, (MSPM 09 -008), Major Site Plan Modification, located at 1301 N. Congress Avenue. Request approval of a major site plan modification and shared parking study to convert 15,000 square feet of an existing 40,000 square foot office building to medical uses. Applicant: TP Eleven LLC. Mr. Breese reported the applicant was converting 15,000 square feet of an office building to medical use. A reciprocal agreement between the office complex and Bru's Room Restaurant enabled the parties to share driveways and cross parking privileges. A shared parking analysis of the two sites revealed, during the peak demand for parking, there would be an excess of 21 parking spaces. The office complex would have peak demand during the weekday mornings and afternoon and the restaurant would have peak demand during evenings and weekends. Staff recommended approval of the shared parking analysis and the major site plan modification. Bru's Room had filed an agreement with the application for cross access and parking. Brian Chequis, Cotleur and Hearing, Inc., for the applicant, indicated the parties had a long- standing agreement and the application was a formal process that was required. The applicant was in full agreement with all three Conditions of Approval. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 9. CITY MANAGER'S REPORT A. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and Fire /EMS Services contracts and 2) Water /Sewer charges. Lori LaVerriere, Assistant City Manager, reviewed the current agreements between the City and the Town of Briny Breezes. Mayor Bennett, on behalf of Briny Breezes, had requested relief in the contract adjustments for the police and fire contracts, as well as the rate structure for water. Mayor Roger Bennett, of Briny Breezes, indicated the primary concern was water and sewer rates. Briny Breezes was technically an extension of Boynton Beach, using fire and police services, plus water and sewer. The Town was satisfied with all the services provided. The new water rates for outside the City would be increasing by 51 % for Briny Breezes. The Town of Ocean Ridge is charged the inside rate. The population of Briny Breezes is only 100 to 150 residents during the summer and 1,100 during the winter months. The water bill is anticipated -28- November 3, 2009 to quadruple this winter season based on the new rates Mayor Bennett asked for equal charges for equal services. Mr. Bressner explained the arrangement with Ocean Ridge dated back to the 1920s and a settlement between the Town of Ocean Ridge and the Town of Boynton. The terms were the Town of Ocean Ridge helped to pay some debt for the Town of Boynton and the agreement established the inside rate for the Town of Ocean Ridge. A financial consideration was given. It was not based on the fact they were at one time part of Boynton Beach. There are approximately 42,000 residents paying the outside rate. By statute, municipalities can charge up to a 25% surcharge for providing services outside the City limits. The financial impact of a change was not able to be determined at this time. Commissioner Rodriguez noted the recent increase for all citizens was necessary to maintain the infrastructure. Mr. Bressner requested time to establish the approximate financial impact and analyze the precedent that would be set and the subsequent decrease in the revenue stream. Peter Mazzella, Deputy Director of Utilities, described the master meter arrangement and the fact that all the plumbing and hydrants are maintained by Briny Breezes. Ocean Ridge has a different arrangement with water mains and rights -of way owned by the Town of Ocean Ridge, but the water meters are property of Boynton Beach and maintained by Boynton. No comparison of the two systems and structure can be made. Mayor Bennett explained Briny Breezes has three master meters with the town divided into two sections and one meter for the clubhouse on the Ocean. The costs are assessed on a per share fee for water and sewer. Mr. Bressner added by using a master meter and dividing the consumption equally among all units, none of the consumers are billed at the higher consumption surcharge rate. Commissioner Weiland suggested some leniency may be appropriate because Briny Breezes totally maintains the infrastructure and not require any service. Mr. Bressner added a condo building in the unincorporated area would have the same situation. Mr. Mazzella interjected there are several trailer parks in the unincorporated area that would be similar situations. Vice Mayor Hay wanted to know the financial impact before a decision was made. Commissioner Rodriguez summarized the City of Boynton Beach would like to assist, but it could not be done at the expense of citizens of Boynton Beach. Mayor Taylor noted the water rates had to be raised to cover the debt service and the residents are complaining. Motion Vice Mayor Hay moved to table the matter until the City Manager can provide the financial information. Commissioner Ross seconded the motion. The motion passed unanimously. Mr. Bressner suggested the November 17 meeting would be appropriate. B. PROPOSED RESOLUTION NO. R09 -162 -- Approve the intent of the City to reimburse expenditures incurred prior to the issuance of bonds or another form of financing for the City's Water & Sewer Utility System. Authorize a short-term inter -fund loan in the maximum amount of $15,000,000 with interest at the annual rate of 3% from the Utility System Capital Expansion Fund to the Utility System Capital Repair & Replacement Fund. - 29 - November ;. 2009 Mr. Bressner explained borrowing money at this time was not appropriate and an inter -fund loan within the Utilities Department could be reallocated and the amount could be included in a subsequent bond issue when the market improved. The transfer would maintain progress on mission critical capital improvements, being the interconnect between the East and West Water Plants. It is a competitive bid cycle at the current time with lower construction prices. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Approval of a settlement agreement between the City of Boynton Beach and Sessoms Construction Company, Inc for the Boynton Beach Library construction project. Attorney Cherof explained it was a long -term dispute involving the Library. A very good settlement had been reached and he recommended approval. Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. The motion passed unanimously. D. Authorize amendment to Resolution R05 -190 allowing extension of agreement with Boynton Beach Mall (Boynton JCP Associations, LTD) until May 31, 2012 and extension of two years from the current expiration of May 31, 2010. Mr. Bressner reviewed the history of the previous agreement with the Mall when there was City Hall in the Mall. The contract involving special events would expire May 31, 2010. There is an agreement with the Mall and City staff to extend the special events contract until May 31, 2012. Motion Commissioner Ross moved to authorize the amendment to Resolution R05 -190. Vice Mayor Hay seconded the motion. The motion passed unanimously. Another issue was the Green Market. Staff was proposing a text amendment to allow for such events in larger areas. If approved, the Mall would not have to utilize the special permits as agreed upon. The Green Market was viewed as a seasonal event from October 31 to December 31 being one special event permit and the 2010 season being January 1, 2010 to March 31, 2010 as another permit. The Mall requests using only one special event permit for the Green Market. There was consensus that the Green Market should be considered one special event for the entire time period through March 2010. 10. FUTURE AGENDA ITEMS A. Approve piggyback on 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 for a project cost of - _10- November 3, 2009 $1,967,947.88 with a 10% contingency of $196,794.79 for a total project cost of $2,164,742.67. (Proposed Resolution No. R09 -116) (Tabled to November 3, 2009) B. Proposed Ordinance No. 09 -009 Re: Amending the Comprehensive Plan Future Land Use Map classification from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09 -001) (Tabled to December 1, 2009) C. Proposed Ordinance No. 09 -010 Re: Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M -1 Industrial District. (New Urban High Ridge LUAR 09- 001) (Tabled to December 1, 2009) - -3 - November 3.. 2009 11. NEW BUSINESS None 12. LEGAL A. PROPOSED ORDINANCE NO. 09 -043 -- 1ST READING -- Adopt Ordinance authorizing the use of Development Agreements. Attorney Cherof read Proposed Ordinance No. 09 -043 by title only on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 13. UNFINISHED BUSINESS None 14. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:23 p.m. (Continued on the next page) - 32 - November 3, 2009 CITY OF BOYNTON BEACH Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor ATTEST: Ronald Weiland, Commissioner Janet M. Prainito, CMC City Clerk Judith A. Pyle, CMC Deputy City Clerk Jose Rodriguez, Commissioner Marlene Ross, Commissioner 33 - November ?009 M. CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ REQUESTED ACTION BY CITY COMMISSION: Award the multi -award Bid # 063- 1412- 09/MFD for "ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY /SILK SCREENING" on an overall basis to the lowest, most responsive, responsible bidders who meet all specifications with an estimated annual expenditure of $38,000.00. EXPLANATION OF REQUEST: On July 29, 2009, Procurement Services opened and tabulated eleven (11) Bids. The evaluating factors used in determining the recommendation were 1) Price, 2) Availability, 3) Delivery Time and 4) Warehouse Processing Time. All recommended vendors are considered to be the lowest, most responsive, responsible bidder meeting specifications. Fire Department staff has decided to delete item # 29 (Polo shirts) in the bid as the style has changed per memo attached from Mike Dauta, Warehouse Manager. The proposed contract period is from November 4, 2009 to November 3, 2010. PROGRAM IMPACT: The purpose of this bid was to seek proposals for the purchase of apparel /embroidery/silk screening from a source of supply that will give prompt and convenient shipping and service for the various departments within the City. The provisions of this bid will allow for a one year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the award is in the best interest of the City. FISCAL IMPACT: INVENTORY ACCOUNT ESTIMATED ANNUAL EXPENDITURE 502 -00- 141 -00 -0 $38,000.00 LAST YEARS EXPENDITURE: $35,000.00 - 34 - November 3, 2009 ALTERNATIVES: Not order uniforms with embroidery and silk screening for the various departments. -15 - November 3. 2009 The City of Boynton Beach Finance Depwmenr WAREHOUSE DIVISION TO: Carol Doppler, Purchasing Agent FROM: Michael Dauta, Warehouse Manager DATE: September 2, 2009 SUBUCT: Embroidery Bid 4 063 - 1412- 09/MFD I reviewed the proposals sent from your office. The evaluating factors used were A) pricing; and quality of product.. My recommendation is a multi -award to overall low vendor. Last year's expenditures were $35.000. This year's expenditures will be an estimated $38.000. Ad -Wear Specialty of Texas Itetn(s) # t (See Notes), 14 (See Notes), 15,22 Desismiab Inc. Items) # 5,14 (See Notes) Embroidme Item(s) # 7,29 (See Notes) Much Clothing Itcm(s) # 18 Matteo International - 36 - November 3, 2009 Items) # 2,4,9 (See Notes),10,14 (See Notes),16.17,19.21 Plexus Marketing Inc Item(s) # 12,13 Seacoast Embroidery Inc Item(s) # 3,8,9 (See Notes), 11,29 (See Notes) TSG Sportswear Item(s) # 6,20 In addition, the following vendors are offering a cost plus % for items not listed on bid. Ad -Wear Specialty of Texas 10% All Seasons Uniforms 10% Designlab 30% Kluch Clothing 25% Mattco International 50% Plexus Marketing 25% Seacoast Embroidery 25% TSG Sportswear 50% Notes: • Item 9 was awarded to Matteo International and Seacoast Embroidery and ordering will be determined by the quickest turn around time when ordered. • Item 14 was awarded to various vendors and here is the breakdown: 1. Ad -Wear — S/S (S -XL) for $3.67 each 2. Designlab — S/S (XXL -5XL) for $5.41 each and US (4XL -5XL) for $7.61 each 3. Matteo — L/S (S -XL) for $5.95 each and US (XXL -3 XL) for $6.95 each Ttem 29 was awarded to Embroidme for the polo shirts with logos and also awarded to Seacoast Embroidery for the embroidery of the name and rank. • Item 1 was awarded to Ad -Wear. Embroidme price was not for a gamewear work shirt. Their price is $46.50 per Michael at Embroidme. Designlab price is not for gamewear according to their proposal. TSG price is not for gamewear per Chris. CC. Barry Atwood, Director of Finance Revised 9/30/2009 j - 37 - November 3. 2009 'RE T L T. HOST RESPONSIVE, RESPONSIBLE BIDDERS WHO MEET ALL SPECIFICATIONS * * * ** Carol Dapp er, CsP ,.,1%rchasinj& Agent chael Dauta, Warehouse Manager ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: July 29, 2009 BID OPENING TIME: 8:30 A.M. BID # 063 - 1412- 09 /MFO , offers from the vendors listed herein are the only offers rece:red timely as of the above receiving date and lime. All other offers submitted in response to this solicitation, if any, are hereby rejected a s late" VENDORS AD WEAR SPECIALTY OF TEXAS ALL SEASONS UN [FORMS DESIGNLAB INC 8120 WESTALEN DR. 3600 HACIENDA BLVD. SUITE G 825 OLD AIRPORT ROAD HOUSTON, TX 77063 DAVIE, FL 33314 GREENVILLE. SC 29607 PHONE: (713) 953 9881 PHONE: (954) 245 -8380 PHONE: (864) 297 -7199 FAX: (713) 953 -9893 FAX: (877) 244 -9912 FAX: (864) 297 -7198 CONTACT: DAVID TANENBAUM CONTACT: JOHN WILSON CONTACT: MATT MOLLER SECTION 1., PURCHASE OF UNIFORMS!; EMBROIDERY $22.00 (S -XL) NO BID $20.94 FOR ULTRACLUB ITEM#11 FIRE WORK SHIRTIFLEECE ADDITIONAL $1.50 FOR XXL $22.45 FOR TACT SQUAD ITEM # 2 $16-89 (S -XL) $15.88 $15.45 POLICE: CRIME SCEENE GOLF SHIRT ADDITIONAL 52.25 FOR XXL ITEM # 3 $9.63 (S -XL) $11.88 $11.61 CODE ENFORCEMENT GOLF SHIRT ADDITIONAL 52.00 FOR XXL WHITE ITEM # 4 $19.43 (S -XL) $14.88 $17.10 C.A.T. GOLF SHIRT ADDITIONAL $2 -00 FOR XXL ITEM 0 5 MENS WHITE S14.39 (S -XL) MENS WHITE $14.88 MENS WRITE $11.60 SUPERVISOR POLO SHIRTS MENS BIMINI $11.47 (S -XL) MENS BIMINI 511.58 MENS BIMINI $10.08 LADIES BOTH $10 LADIES BOTH $11.59 (S -XL) LADIES BOTH $11.68 -13 ADDITIONAL $2.00 FOR XXL ITEM #6 $12.63 (S -XL) $13.48 $12.68 FOREST GREEN SWEATSHIRT ADDITIONAL $100 FOR XXL,3X ITEM # 7 $33.77 (S -XL) NO BID $34.50 CITY JACKETS ADDITIONAL S3.00 (XXL) $5 -00 (3XL) $9.00 (4XL) S15.00 5XL D\ O O s~ a� r� 0 ON 00 f� Uniform Emhroidery'09 Sheetl ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY /SILK SCREENING BID OPENING DATE: July 29, 2009 BID OPENING TIME: 8:30 &R BID # 063 - 1412- O9JMFD 'Offers from the vendors list01 herein are the only offers rcceired timely as of the above rece�rlra date and tirne P41 olherrotfers submitted in response to this solirita5w, if any, are hereby rejected as tale' VENDORS i AD -WEAR SPECIALTY OF TEXAS ALL SEASONS UN (FORMS DEStGNLAB INC 8120 WESTALEN OR 3600 HACIENDA BLVD_ SUITE G 825 OLD AIRPORT ROAD HOUSTON, TX 77063 DAVIE, FL 33314 GREENVILLE, SC 29647 PHONE: (713) 953 -9881 PHONE: (954) 245 -8380 PHONE: (864) 297 -7199 FAX: {713) 953 -9893 FAX: (877) 244 -9912 FAX (864) 297 -7198 CONTACT: DAVID TANENBAUM CONTACT: JOHN WILSON CONTACT: MATT MOLLER SECTION: f HATS_ ITEM # 8 $425 $5.88 57.70 FIRE DEPARTMENT BALL CAP -- — $6.38 S7.70 ITEM # 9 —— -- _ $4.87 POLICE BALL CAP ITEM #10 $5.67 $5.88 $6.70 ALL CITY BALL CAPS ITEM #11 $5.75 54.88 $6.20 POLICE CSO CAP ITEM # 12 $9.37 S7.88 $10.10 FULL BRIM HAT ITEM # 13 S7.37 $7.28 $9.75 FULL BRIM AUSSIE HAT WITIE STRINGS SNAPS ON THE SIDES S BRASS CAP VENTILATION a, 0 0 �a N O VA fry Uniform Embruldery'09 Sheeh ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING 'Offers from the vendors listed here: n are the only offers BID OPENING DATE: July 29, 2009 received timely as of the above receiving date and time. BID OPENING TIME: 8:30 A.M. All other offers submitted in response tothis solicita'ion, BID # 063 - 1412- 091MFD it any, are hereby rejected as late" VENDORS AD-WEAR SPECIALTY OF TEXAS ALL SEASONS UN IFORMS DESIGNLAB INN 8120 WESTALEN DR. 3600 HACIENDA BLVD. SUITE G 825 OLD AIRPORT ROAD HOUSTON, TX 77063 DAVIE, FL 33314 GREENVILLE, SC 29607 PHONE: (713) 953 -9881 PHONE: (954) 2458380 PHONE: (864) 297 -7199 FAX: (713) 953 -9893 FAX: (877) 244 -9912 FAX: (864) 297 -7198 CONTACT: DAVID TANENBAUM CONTACT: JOHN WILSON CONTACT: MATT MOLLER SECT)ONl f)I SILK SCREENING_ ;. ;. - - - - t - _.:. - ITEM # 14 SIS $3.671 US $6.73 NO BID SIS 55.41 CITY T -SHIRT ADDITIONAL $2.75 FOR XXL 3XL US $7.61 NO BID 4X 5X ITEM # 15 $167 (S -XL) $7.88 $5.01 POLICE T -SHIRT SIS ADDITIONAL $2.75 FOR XXL ITEM # 16 $6.73 (S -XL) S12.88 S8.06 POLICE T -SHIRT US ADDITIONAL $2 -75 FOR XXL ITEM # 17 $6.73 $12.86 $8.06 POLICE SWAT T -SHIRT US ADDITIONAL S2.75 FOR XXL ITEM # 1S 53.67 (S -XL) $7.88 $4.% POLICE SWAT T -SHIRT S!S ADDITIONAL $2.75 FOR XXL ITEM # 19 $5.33 (S -XL) S9.88 $7.23 FIRE DEPARTMENT T -SHIRT WITH ADDITIONAL $2.75 FOR XXL POCKET S1S ITEM # 20 $5.67 $6.58 S6.1 i CSO POLICE DEPARTMENT T-SHIRT ADDITIONAL 52.75 FOR XXL SIS ITEM # 21 S6.73 (S -)(L) S12.88 $8.16 FIRE T -SHIRT WITHOUT POCKET US ADDITIONAL $2.75 FOR XXL ITEM # 22 $6.39 NO BID $9.89 FIRE DEPARTMENT GYM SHORTS rn 0 0 N to 0 FA C Uniform Embroide y'09 Sheetl ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERYISILK SCREENING 'Offers from the venders I.sted herein are the onPy dfers BID OPENING DATE: JUIY 29, 2009 received timely as of 4.e above receivi..g dare and time BID OPENING TIME: 8:30 A.M, All Omer o'fers submitted ut response to this sollcitatim, BID # 063- 1412- 09JMFD if any, are hereby rejected as late' VENDORS W AD -WEAR SPECIALTY OF TEXAS ALL SEASONS UN IFORMS DESIGNLAB INC 8120 WESTALEN DR. 3600 HACIENDA BLVD. SUITE G 825 OLD AIRPORT ROAD HOUSTON, Tx 77063 DAVIE, FL 33314 GREENVILLE, SC 29607 PHONE: (713) 953 -9881 PHONE: (954) 245 -8380 PHONE: (864) 297 -7199 FAX: (713) 953 -9893 FAX: (877) 244 -9912 FAX: (864) 297 -7198 CONTACT: DAVID TANENBAUM CONTACT: JOHN WILSON CONTACT: MATT MOLLER SECTION IV -EMBROIDERY AND SILK SCREEN FOR SUPPLIED PRODUCTS'." - ITEM # 29 $16.89 (S -XL) S18.88 $16.35 FIRE DEPARTMENT POLO SHIRTS ADDITIONAL $3.00 FOR XXL 53.00 FOR EMBROIDERY $100 FOR EMBROIDERY $9.00 FOR EMBROIDERY CALENDAR DAYS FOR DELIVERY 12 TO 2C 14 14 TO 21 COST PLUS % FOR ITEMS NOT LISTED 10% 10% 30% NUMBER OF PROPOSALS SUBMITTED 1 1 1 ANTI - KICKBACK AFFIDAVIT SUBMIMED YES YES YES CONFIRMATION OF MINORITY OWNED YESIHISPANIC YESINOT A YESIWOMEN BUSINESS SUBMITTED STATE OF TEXAS AND MINORITY OWNED BUSINESS STATE OF SOUTH CAROLINA UNITED STATES CONFIRMATION OF A DRUG FREE YES YES YES WORKPLACE SUBMITTED COMMENTS " Notary stamp expires Oct 06, 2009 0 0 c�1 J O Uniform Embroicfery'09 Sheetl ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: JULY 29, 2009 BID OPENING TIME: 8:30 A.M. BID # 063 - 1412- 09 /MFD 'Offers from the vendors listed herein are the only offers reveived time:y as of the above receMng data and time. At other offers submitted in response to this solicitation, if any, are hereby rejected as tare' VENDORS EMBROIDME FLORIDA POLICE PRODUCTS KLUCH CLOTHING COMPANY 4715 N. CONGRESS AVE. 701 NW 36TH STREET 215 S.E. BTH AVENUE BOYNTON BEACH, FL 33426 MIAMI, FL 33125 BOYNTON BEACH, FL 33435 PHONE: (561 )968 -4449 NOT SUBMITTED PHONE: (561) 734 -9665 FAX: (561) 968 -4343 NOT SUBMITTED FAX: (561) 736 -0807 CONTACT: MICHAEL JORDAN NOT SUBMITTED CONTACT: MICHAEL RISELEY SECTION :_ •. >. .- PURCHASE OF UNIFORMS! - -: r _ EMBROIDERY' _._. - - x: ITEM # 1 $13.50 $22.50 $39.50 (S -XL) FIRE WORK SHIRTIFLEECE $41.50 FOR XXL ITEM #2 $22.50 (S -XL) $23.50 $16.42 (S -XL) POLICE: CRIME SCEENE GOLF SHIRT 523.80 (XXL - 3XL) $17 -92 FOR XXL ITEM # 3 512.25 $18.50 $13.59 (S -XL) CODE ENFORCEMENT GOLF SHIRT $14.59 FOR XXL WHITE ITEM # 4 $24.50 (5 -XL} $21.50 $17.37 (S -XL) C.A.T- GOLF SHIRT $25.75 (XXL - 3KL) $18.91 FOR XXL ITEM # 5 MENS WHITE $16 .25 MENS WHITE $20.50 MENS WHITE $14.76! $16.10 XXL SUPERVISOR POLO SHIRTS MENS BIMINI $1185 MENS BIMINI $19.25 MENS BIMINI $12.09 ! $13 -49 XXL LADIES BOTH $13.99 LADIES BOTH $19.25 LADIES BOTH S12.091$13.49 XXL ITEM # 6 515.25 $17.50 $10.89 (S -XL) $13.85 FOR XXL FOREST GREEN SWEATSHIRT ITEM # 7 $19.75 $63.95 S50.50 (S -XL) $52.80 FOR XKL CITY JACKETS $62.00 FOR 3XL NO BID 4X & 5X a, 0 0 N 0 0 r N d' UNIFORM EMBROIDERY 09 Sheet 2 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY /SILK SCREENING BID OPENING DATE: JULY 29, 2009 BID OPENING TIME: 8:30 A.M. BID # 063 - 1412- 091MFD 'Offers from the vuridurs listed herein are tP:e onl•y&ters rece r.ed timely as of the above rece.ving dale and time A,ll other offers submitted in response to this solicitation, if any, are hereby rejected as late' VENDORS Eh16R01DME FLORIDA POLICE PRODUCTS KLUCH CLOTHING COMPANY 4715 N. CONGRESS AVE. 701 NW 36TH STREET 215 S.E. 8TH AVENUE BOYNTON BEACH, FL 33426 MIAMI, FL 33125 BOYNTON BEACH, FL 33435 PHONE: (561) 968.4449 NOT SUBMITTED PHONE: (561) 734 -9665 FAX: (561) 968 -4343 NOT SUBMITTED FAX: (561) 736 -0807 CONTACT: MICHAEL JORDAN NOT SUBMITTED CONTACT: MICHAEL RISELEY SECTION II HATS ITEM # 8 — -- $7.25 .._ - _ — $9 -95 54.69 FIRE DEPARTMENT BALL CAP ITEM # 9 �— - - $7.25 S4.69 $10.50 POLICE BALI_ CAP $7.25 $9.50 ITEM #10 $4.69 ALL CITY BALL CAPS - - - -- - - -- $4 -69 ITEM #11 $6.70 - - -- — - - -- - - _ $9.00 POLICE CSO CAP ITEM # 12 S13.70 — — $14.75 T- $9.29 FULL BRIM HAT ITEM # 13 - - -- $16.50 $13.50 - - -- $9.29 FULL BRIM AUSSIE HAT WITH TIE STRINGS SANAPS ON THE SIDES & BRASS CAP VENTILATION 0 0 C`1 rrl s.. N .D 0 EA I rr1 t UNIFORM EMBROIDERY 09 Sheet 2 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERYISILK SCREENING "Oters from the vendors listed herein are she only offers BID OPENING DATE: JULY 29, 2009 received timely as of the above receiving dole and time BI D OPENING TIME: $ :30 A.M. All other offers submitted in response to this solicitation, BID # 063 - 1412- 091MFD if any, are hereby rejected as late' VENDORS EMBROIDME FLORIDA POLICE PRODUCTS KLUCH CLOTHING COMPANY 4715 N. CONGRESS AVE. 701 NW 36TH STREET 215 S -E. 8TH AVENUE BOYNTON BEACH, FL 33426 MIAMI, FL 33125 BOYNTON BEACH, FL 33435 PHONE: (561) 968 -4449 NOT SUBMITTED PHONE: (561) 734 -9665 FAX: (561) 968 -4343 NOT SUBMITTED FAX: (561) 736 -0807 CONTACT: MICHAEL JORDAN NOT SUBMITTED CONTACT: MICHAEL RISELEY SECTION III - -,.SILK SCREENING ITEM # 14 SIS $8.20 SIS $10 -50 SIS $4.501$5.77 (?)(L,3XL) CITY T -SHIRT US $9.75 US 512.00 US S7.02158.30 (XXL,3XL) NO BID 4X 5X ITEM # 15 $5.85 $8.00 $4.50 (S -XL) POLICE T -SHIRT SIS 55.77 FOR XXL ITEM # 16 S7.80 $9.95 $6.63 (S -XL) POLICE T -SHIRT US $7.86 FOR XXL ITEM # 17 $7.60 $9.85 56.76 (S -XL) POLICE SWAT T -SHIRT US $8.04 FOR XXL ITEM # 16 $4.60 S9 -95 $4.26 (S-XL) POLICE SWAT T -SHIRT SIS $5.46 FOR XXL ITEM # 13 $9.40 $13.00 $6.59 (S -XL) FIRE DEPARTMENT T -SHIRT WITH ST.80 FOR XXL POCKET SIS ITEM # 20 53.85 $8.00 $5.00 (S -XL) CSO POLICE DEPARTMENT T -SHIRT $6.00 FOR XXL SIS ITEM # 21 $9.40 $14 -50 57.81 (S -XL) FIRE T -SHIRT WITHOUT POCKET US $9.00 FOR XXL ITEM # 22 $13 -50 $14.95 $9.95 JS-XL) FIRE DEPARTMENT GYM SHORTS $10.95 FOR XXL o, b O (�1 s~ a� O EIR UNIFORM EMBROIDERY 09 Sheet 2 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: JULY 29,200q BID OPENING TIME: 8 A.M. BID # 063 - 1412- 091MFD 'Offers from the vendors listed herein are the on'y offers received bme`y as of the above receiving dale and time Alr other offers submiKed in response to this solicitation, A any, are hereby rejected as late' VENDORS EMBROIDME FLORIDA POLICE PRODUCTS KLUCH CLOTHING COMPANY 4715 N. CONGRESS AVE. 701 NW 36TH STREET 215 S.E. 8TH AVENUE BOYNTON BEACH, FL 33426 MIAMI, FL 33125 BOYNTON BEACH, FL 33435 PHONE: (561) 968 -4449 NOT SUBMITTED PHONE: (561) 734 -9665 FAX: (561} 9684343 NOT SUBMITTED FAX: (561) 736 -0807 CONTACT: MICHAEL JORDAN NOT SUBMITTED CONTACT: MICHAEL RISELEY SECTION IV EMBROIDERY AND SILK_ SCREEN FOR S UPPLIED PRODUCT ITEM # 29 $13.90 S25 - 95 $14.37 (S -XL) FIRE DEPARTMENT POLO SHIRTS NO COST FOR EMBROIDERY $2.00 FOR EMBROIDERY $15.90 (XXL) LISTED S5 -00 FOR EMBROIDERY CALENDAR DAYS FOR DELIVERY 7 15 7 COST PLUS % FOR ITEMS NOT LISTED 10% 1 — NOT SU BMITEQ - NOT SUBMITTED 25% 1 Left blank NUMBER OF PROPOSALS SUBMITTED 1 — YES ANTI - KICKBACK AFFIDAVIT SUBMITTED -- YES NO CONFIRMATION OF MINORITY OWNED YESINOTA BUSINESS SUBMITTED MINORITY OWNED BUSINESS CONFIRMATION OF A DRUG FREE YES NOT SUBMITTED YES WORKPLACE SUBMITTED COMMENTS * *Notary Stamp expires BIDDER ACKNOWLEDGEMENT on September 4, 2009 WAS NOT SUBMITTED THEREFORE NO SIGNATURE NON RESPONSIVE o` G O fr 3-r tL N i 0 I rn �r t UNIFORM! EMBROIDERY 09 Sheet 2 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERYISILK SCREENING BID OPENING DATE: JULY 29, 2009 BID OPENING TIME: 8:30 A.M. BID # 063 - 1412- 091MFD "0 from the vendors listed herein are the only offers received timely as of the above receiving dale and time. Mother offers submitted in response to this soticitatim, if any, are hereby rejected as tats' VENDORS MATTED INTERNATIONAL INC PLEXUS MARKETING INC SAFETY & SECURITY INTL, LLC 2309 HANCOCK BRIDGE PKWY 118 WEST NEW YORK AVE PO BOX 1026 CAPE CORAL, FL 33990 DELAND, FL 32720 FRANKLIN, TN 3TO65 PHONE: (239) 652 -1002 PHONE: (386) 736.1244 PHONE: (615) 425 -0560 FAX: (2 39) 652 -1097 FAX: (386) 736 -1331 FAX: ( 615) 425 -2440 CONTACT: ANGELA TRUNKETT CONTACT: CAROLE TATTRIE CONTA KIMBERLY SEALS SFC;MN -1 PURCHASE OF UNIFaRAISI . EMBROIDERY; _ ITEM # 1 NO BID $34.95 NO BID FIRE WORK SHIRTIFLEECE ITEM # 2 $12.40 $19.88 522.21 POLICE: CRIME SCEENE GOLF SHIRT $13.40 FOR XXL ITEM # 3 $12.40 $17.50 517.05 CODE ENFORCEMENT GOLF SHIRT $13.40 FOR XXL WHITE ITEM # 4 $12.40 $19.50 $19.99 C.A.T. GOLF SHIRT $13.40 FOR XXL ITEM # 5 MENS WHITE $12.001 13.20 XXL MENS WHITE $14.95 MENS WHITE S18.53 SUPERVISOR POLO SHIRTS MENS BIMINI $12.001 13.20 XXL MENS BIMINI $11.95 MENS BIMINI $13.47 LADIES BOTH LADIES BOTH $11.95 LADIES BOTH S13.47 $12.00113.20 XXL ITEM # 6 S10.25 S13.95 $16.40 (S -XXL) FOREST GREEN SWEATSHIRT $12.90 FOR XXL NO BID 3X 4X 5X ITEM # 7 NO BID S39.95 NO BID CITY JACKETS a, 0 0 N Crl N O I 1 0 UNIFORM EMBROIDERY 09 SHEET 3 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERYISILK SCREENING BID OPENING DATE JUDY 29, 2009 BID OPENING TIME: 8:30 A.M. BID # 063- 1412- 091MFD "Offers From the vendors listed herein are the only offers received timely as of the above receiving date and time All other offers subrni1ed in response to this solic,laton, if any, are hereby rejected as late' VENDORS MATTEO INTERNATIONAL INC PLEXUS MARKETING INC SAFETY & SECURITY INTL, LLC 2309 HANCOCK BRIDGE PKWY 118 WEST NEW YORK AVE PO BOX 1028 CAPE CORAL, FL 33990 DELAND, FL 32720 FRANKLIN, TN 37055 PHONE: (239) 652 -1002 PHONE: (386) 736 -1244 PHONE: (615) 425 -0560 FAX: (239) 652 -1097 FAX: (386) 736 -1331 FAX: ( 615) 425 -2440 CONTACT: ANGELA TRUNKETT CONTACT: CAROLE TATTRIE CONTACT: KIMBERLY SEALS SECTION II HATS ITEM # S _ S3.90 —s- $8.95 NO BID FIRE DEPARTMENT BALL CAP ITEM # 9 __- $8.95 NO BID S3.85 - -- POLICE BALL CAP ITEM #10 $3.85 $8.95 NO BID ALL CITY BALL CAPS ITEM #it $3.85 58.95 NO BID POLICE CSO CAP -- ITEM # 12 — S12.05 56.25 NO BID FULL BRIM HAT ITEM # 13 $12.05 $4.99 NO BID FULL BRIM AUSSIE HAT WITH TIE STRINGS SAWS ON THE SIDES & BRASS CAP VENTILATION a, 0 0 �1 r � t~ J O R_ t t UNIFORM EMBROIDERY 09 SHEET 3 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERYISILK SCREENING 'Offers from the vendors listed hureln are the ontf of'ers BID OPENING DATE: JULY 29, 2009 received timeNasof the abae receiving date and bme. BID OPENING TIME: 8:30 A.M. AN other cifferssuhmiredin response toths .solic BID # 063 1412 09IMFD it an are hereby rejected as tate VENDORS MATTED INTERNATIONAL INC PLEXUS MARKETING INC SAFETY & SECURITY INTL, LLC 2309 HANCOCK BRIDGE PKWY 118 WEST NEW YORK AVE PO BOX 1028 CAPE CORAL, FL 33990 DELAND, FL 32720 FRANKLIN, TN 37065 PHONE: (239) 652 -1002 PHONE: (366) 736 -1244 PHONE: (615) 425 -0560 FAX: (239) 652 -1097 FAX: (386) 736 -1331 FAX: ( 615) 425 -2440 CONTACT: ANGELA TRUNKETT CONTACT: CAROLE TATTRIE CONTACT: KIMBERLY SEALS SECTION 111= SILK SCREENING ;° : _ ITEM 914 SIS 4.8515.85 XX & 3XL 1$6.85 4XL SIS $7.99 $1S $10.39 (S -3XL) CITY T -SHIRT US $5.951$6.95 XXL US $9.99 L +S $12.78 (S -3XL) NO BID US 4X & 5X NO BID 4X 5X ITEM # 15 $4.95 $6.99 $10.50 POLICE T -SHIRT SfS $5.95 FOR XXL ITEM # 16 $5.95 $9.99 $1100 POLICE T -SHIRT US 56.95 FOR XXL ITEM # 17 $5.90 S9.99 $15.30 POLICE SWAT T-SHIRT US $6.90 FOR XXL REM 0 18 54.90 $9.99 510.39 POLICE SWAT T -SHIRT SIS $5.90 FOR XXL REM # 19 S5.95 $9.99 511.50 FIRE DEPARTMENT T -SHIRT WITH $6.95 FOR XXL POCKET SIS ITEM 0 20 $4.95 $9.99 $11.05 CSO POLICE DEPARTMENT T -SHIRT SIS $5.95 FOR XXL ITEM # 21 $5.24 $8.99 $13.57 FIRE T -SHIRT WITHOUT POCKET LIS $6.75 FOR XXL ITEM # 22 $12.25 511.99 NO BID FIRE DEPARTMENT GYM SHORTS 513.25 FOR XXL a1 0 0 N C� i� N v O M UNIFORM EMBROIDERY 09 SHEET 3 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE (EMBROIDERY /SILK SCREENING - Orfers from the vendors Isred herein are the ontyoffer BID OPENING DATE. JULY 29, 2009 n-ceroea fimery as or the above receving date anO time. BID OPENING TIME: 8:30 A.M. All other offers submitted in response to this sotdta'ia. BID N 06 3- 1412 -09 /M FD 4 any, are hereby rejected as fate VENDORS MATTEO INTERNATIONAL 1470 PLEXUS MARKETING INC SAFETY & SECURITY INTL, LLC 2309 HANCOCK BRIDGE PKWY 118 WEST NEW YORK AVE PO BOX 1028 CAPE CORAL, FL 33990 DELAND, FL 32720 FRANKLIN, TN 37065 PHONE: (239) 652 -1002 PHONE: (386) 736 -1244 PHONE: (615) 425 -0560 FAX: (239) 652 -1097 FAX: (386) 736 -1331 FAX: ( 615) 425.2440 CONTACT: ANGELA TRUNKETT CONTACT: CAROLE TATTRIE CONTACT: KIMBERLY SEALS $ ECTIONiW- EMBROIDERY AND SCREEN FOR SUPPLIED .PRODUCTS: ITEM 9 29 NO BID $14.95 NO BID FIRE DEPARTMENT POLO SHIRTS $3 00 FOR EMBROIDERY $6.00 FOR EMBROIDERY CALENDAR DAYS FOR DELIVERY 15 TO 30 14 30 COST PLUS % FOR ITEMS NOT LISTED 50% 25% _ NOT OFFERED NUMBER OF PROPOSALS SUBMITTED 1 1 1 ANTI- KICKBACK AFFIDAVIT SUBMITTED YES YES " YES CONFIRMATION OF MINORITY OWNED YESMlOMEN YES VOMEN YESINOT A BUSINESS SUBMITTED OFFFICE OF SUPPLIER DIVERS( VOLUSIACOUNTY MINORITY OWNED BUSINESS AND FL. STATE MINORI CONFIRMATION OF ADRUG FREE YES YES YES WORKPLACE SUBMITTED COMMENTS " IF AVAILABLE, RIGHT NOW MINIMUM ORDER OF 20 ITEM IS DISCONTINUED PIECES FOR SILK SCREENING " NO DATE ON NOTARY STAMP a 0 0 (` 1 .n G v O FA UNIFORM EMBROIDERY 09 SHEET3 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERYISILK SCREENING BID OPENING DATE: JULY 29, 2009 BID OPENING TIME: 8:30 A.M. BID # 063 - 1412- 091MFD 'OPers from the vendors listed herein are the "offers received timely as of the above recel•:ing date and time. All a'her offers submitted in response to th :s solicitation. if any, are hereby rejected as fete' INC TSG SPO FIRE WORK SHIRTIFLEECE $29.50 FOR XXL ITEM # 2 $13.25 S17.50 POLICE: CRIME SCEENE GOLF SHIRT $14.25 FOR XXL ITEM # 3 $8.85 $10.90 CODE ENFORCEMENT GOLF SHIRT S10.35 FOR XXL WHITE ITEM # 4 S13.25 S13.40 C.A.T. GOLF SHIRT S14.25 FOR XXL ITEM # 5 MENS WHITE $12.401 $13.40 XXL MENS WHITE $12.25 t $13.35 XXL SUPT= RVISOR POLO SHIRTS MENS BIMINI $10.751$12.40 XXL MENS BIMINI $11.941 $12.94 XXL LADIES BOTH LADIES BOTH 510.7 5 1$12.40 XXL S11.941 12.94 XXL ITEM 116 $9.75 $9.68 FOREST GREEN SWEATSHIRT $10.95 FOR XXL S10.75 FOR XXL ITEM 0 7 CITY JACKETS $34.00 NO BID o, 0 0 rt a� a� 0 F O r UNIFORM EMBROIDERY 09 Sheet ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING 'Offers from the vemiors listed herein are the only offers BID OPENING DATL ,IULY29, 2009 received timely asof (he above receiving date and trre BID OPENING TIME: 8:31 }A_ - Alt other offers submitted in response to this SO citation. BID # 063 - 1412 -09 /M FD rf any, are hereby rejected as late' VENDORS SEACOAST EMBROIDERY, INC TSG SPORTSWEAR 5893 S. CONGRESS AVE 3125 FORTUNE WAY # 7 ATLANTIS, FL 3346 2 WELLINGTON, FL 33414 PHONE: (561) 439-8605 PHONE: (561) 596 -3117 FAX: (561) 439 -8006 FAX: (561) 965 -7993 CONTACT: MARC MASON CONTACT: BRIAN JOROS -- _ SECTION 11HAT5 FIRE DEPARTMENT BALL CAP $3.85 NO 81D ITEM # 9 -- - - - - -- POLICE BALL CAP $3.85 NO BID ITEM #10 ALL CITY BALL CAPS $3.90 NO BID ITEM #11 — POLICE CSO CAP $3.80 NO BID ITEM{ # 12 FUL 1, BRIM HAT $8.25 NO BID ITEM # 13 — FULL BRIM AUSSIE HAT WITH TIE STRINGS $11.50 NO BID SANAPS ON THE SIDES & BRASS CAP VENTILATION 0 0 r1 r rl 3-. ,D v O CA rn UNIFORM EMBROIDERY 09 Sheet 4 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING 'Offers from the vendors listed herein are tha only offers BID OPENING DATE: JULY 29, 2009 recalived timely as of the ab(>-ve receiving da!e and time. 131D OPENING TIME: 8:30 A.M. Ail other offers submitted in response to this solicitation. BID # 063-1412-09IMFD if any, are hereby rejected as We' VENDORS SEACOAST EMBROIDERY, INC TSG SPORTSWEAR 5893 S- CONGRESS AVE 3125 FORTUNE WAY# 7 ATLANTIS, Ft 33462 WELLINGTON, FL 33414 PHONE: (561) 439-8005 PHONE. (561) 596-3117 FAX: (561) 439-8006 FAX: (561) 965-7993 CONTACT MAIRC MASON CONTACT: BRIAN JOROS SECTION I I a - ITEM # 14 NO BID SIS $5.69 (S-XL) CITY T -SHIRT US $8.70 (S-XL) NO BID 3X 4X 6X ITEM # 15 54.95 $5.20 (S-XL) POLICE T-SHIRT SIS $5.95 FOR XXL NO BID XXL ITEM 9 16 $9.99 $9.95 (S-XL) POLICE T-SHIRT US $10.99 FOR XXL NO 811) XXL ITEM N 17 $9.00 9.95 (S-XL) POLICE SWAT T-SHIRT US $10.00 FOR XXL NO DID XXL ITEM N 18 56.50 5-75 (S-XL) POLICE SWAT T-SHIRT SIS S7.50 FOR XXL NO BID XXL ITEM 0 12 S7.99 NO sic FIRE DEPARTMENT T-SHIRT WITH S8.99 FOR XXL POCKET S/S ITEM 4 20 S6.00 S4-75 CSO POLICE DEPARTMENT T-SHIRT S/S S7.00 FOR XXL ITEM # 21 FIRE T-SHIRT WITHOUT POCKET US $11-00 NO BID $12.25 FOR XXL ITEM # 22 FIRE DEPARTMENT GYM SHORTS $10.99 NO BID $11.99 FOR XXL O EA. UNIFORM EMBROIDERY 09 Sheet 4 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: JULY 29, 20Ki BID OPENING TIME: 8:30 A M BID # 063 - 1412 -09 /MFD - Of'ers from the vendors listed herein are Cie only offers received timely as of the above receiaing date and time All other offers submiNed In response to this son;it3t6n, if any, are heretry rejected as late" VENDORS SEACOAST EMBROIDERY, INC TSG SPORTSWEAR 5893 S. CONGRESS AVE 3125 FORTUNE WAY #I 7 ATLANTIS, FL 33462 WELLINGTON, FL 33414 PHONE:(561)439-5005 PHONE: (561) 596-3117 FAX: (561) 439 -8006 FAX: (561) 965 -7993 CONTACT: MARC MASO CONTACT: BRIAN JOROS SECTION IV EMBROIDERY AND SILK SCREEN FOR SUPPLIED PRODU ITEM # 29 $1&50 - -- $21.25 - -- FIRE DEPARTMENT POLO SHIRTS $20.50 FOR XXL S2 -45 FOR EMBROIDERY S2 -00 FOR EMBROIDERY CALENDAR DAYS FOR DELIVERY 10 10 TO 14 COST PLUS % FOR ITEMS NOT LISTED 25% 50 % NUMBER OF PROPOSALS SUBMITTED 1 1 ANTI- KICKBACK AFFIDAVIT SUBMITTED YES - _ - - - -- YES/WOMEN YES -- CONFIRMATION OF MINORITY OWNED YESIWOMEN __.._..-------- -- BUSINESS SUBMITTEO STATE OF FLORIDA NOT CERTIFIED CONFIRMATION OF A DRUG FREE YES YES WORKPLACE SUBMITTED — - COMMENTS a` 0 0 �a rte N J O CA I rn to UNIFORM EMBROIDERY 09 Sheet4 The City of Boynton ,Beach Finanee Department N'rtREHOUSG DIVISION To: Carol Doppler, Purchasing Agent From; Michael Dauta, Warehouse Manager Date: October 19, 2009 Re: Embroidery Bid 063 - 1412- 09/MFD Please cancel item 29 off the Embroidery bid. The Fire department is changing the polo shirt to a different style. They will no longer be ordering the current style listed in the bid. 16 %19/2009 1:09 PM -54- November 3, 2009 6. C CONSENT AGENDA November 3, 2009 BE CITY OF BOYNTON AGENDA ITEM REQUEST FORM N �Oria �' COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ I PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION Award "CO -OP CHEMICALS AND FERTILIZER" Bid# 073 - 1411- 09 /CJD to various vendors as listed below based on the lowest, most responsive, responsible bidders who meet all specifications with an estimated expenditure of. $89,570.15. EXPLANATION OF REQUEST This is a joint bid with the City of Delray Beach acting as the lead agency. On June 12, 2009, the City of Delray Beach opened and tabulated eight (8) bids for Chemicals and for Fertilizers. The award recommendation is based on low bid per item. Some items that were substitutes were submitted and approved for award; and when a tie bid occurred, the award was made to the vendor located closest geographically to Delray Beach for delivery purposes. All recommended vendors are considered to be lowest, most responsive, responsible bidders meeting specifications. Award recommendation memos (attached) from Scott Wahlin, Golf Course Superintendent, Michael Dauta, Warehouse Manager, Glenda Hall, Forestry, and Tom Balfe, Parks Manager concur with this recommendation. Attached also is a summary Tabulation Sheet showing awarded vendors by item #. The following companies were awarded a part of the bid: Agro Distribution, Crop Production Services, Diamond Fertilizer Co., Inc., Helena Chemical Company, Howard Fertilizer & Chemical Co., Lesco, Inc., and Univar USA Inc. CONTRACT PERIOD: JUNE 13, 2009 TO JUNE 12, 2010 How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. -55 - November 3, 2009 FISCAL IMPACT: The purpose of this bid is to establish firm prices for the purchases of Chemicals and Fertilizers for the various departments. These supplies are ordered on an "As Needed" basis and some items are stocked in the City's Warehouse. A comparative projected usage and resulting expenditures follow for FY 2009/10 and 2008/09. Using Department Budgeted Account 2009/2010 2008 -2009 Golf Course (Fertilizer) 411 - 2911 - 572 -52 -19 $30,000 $22,500 Golf Course (Chemicals) 411 - 2911 - 572 -52 -21 $45,850 $19,000 Warehouse (Fertilizer) 502 - 0000 - 141 -0100 $ 2,611 $ 3,550 Forestry & Grounds (Chemicals) 001 - 2730 - 572 -52 -21 $ 1,685 $ 1,330 Parks (Chemicals) 001 - 2731 - 572 -52 -21 $ 3,315 $ 1,173 Parks (Fertilizer) 001 - 2731 - 572 -5226 6,108 4,780 Justification for change in expenditures: Golf Course (Fertilizer and Chemicals) — Increased purchases from the bid items versus individual quotes last year. Warehouse — Was not ordering from the bid in the past and only ordering one item #59 this year. Forestry & Grounds — New plantings at the library and issues with palm trees in all areas require more fertilizer. This accounts for the small increase from last year. Parks — Increase costs in Chemicals and Fertilizer from last year. ALTERNATIVES: Not to purchase our own Chemicals & Fertilizer and outsource the service for applying fertilizer and chemicals which would be very costly. -56- November 3. 2009 -,.Iemo To: Carol Doppler, Purchasing Agent From: Glenda Hall, Forestry & Grounds/Streets Manager Date: August 26, 2009 Re Delray Co -op Bid # 2009 -32 1 concur with the recommendations for the products we use. See the following list. 001- 2730 - 572 -52 -21 Product Vendor Expenditure Award Crop Production $375 Defoamer Diamond RFert. $60 Garlon Crop $250 Subdue Agro $90 14 -14 -14 * Lesco $450 16 -2 -8 Lesco $260 20 -20 -20 Dianiond R Fert. S200 ' 1t' d3b -57- November 3, 2009 The City of Boynton Beach Finance Department WAREHOUSE DIVISION To: Carol Doppler, Purchasing Agent From: Michael Dauta, Warehouse Manager Date: August 1.8, 2009 Re: CO -OP Chemicals and Fertilizer Bid # 2009 -32 The Warehouse will be using item # 59. The estimated annual usage is 24 cases. The item was awarded at $108.80 for a total dollar amount of $2,611.20. We will be periodically charging account # 502- 0000 -141 -0100. I concur with the Delray Beach Bid. 08/18/2009 3:3.9 PM -59- November 3. 2009 MEMORANDUM TO: Carol Doppler, Purchasing Agent FROM: Scott Wahlin, Golf Maintenance Manager Re: CO-OP Bid 02009 -32 Date: August 25, 2009 N. I concur with the results of this bid. I have budgeted to purchase the following items in fiscal year 09/10. CERTIFIED BY THE GOLF COURSE SUPERINTENDENTS OF AMERICA -59- November 3, 2009 FERTILIZERS (411 - 2911- 572- 52 -19) Item Fertilizer Dollar Amount 2 0 -0 -20 $5000 35 24 -2 -11 $25,000 CHEMICALS (411 - 2911 - 572- 52 -21) Item Chemical Dollar Amount 1 Acephate $700 2 Aliette $6600 g Award $2100 10 Barricade $5000 15 Chipco GT $1000 21 Daconil $800 23 Dithane $2500 32 Heritage $6600 38 Manage $750 41 Merit $6000 42 MSMA $1750 48 Pendulum Aquacap $4000 51 Primo $4500 61 Roundup $2200 70 Talstar $1100 103 Three Way "YY \� CERTIFIED BY THE GOLF COURSE SUPERINTENDENTS OF AMERICA -59- November 3, 2009 RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 09-49 SUBJECT: CO- OP BID FOR CHEMICALS AND FERTILIZER I concur with awarding the bid for the following items: COMPANY DESCRIPTION EST. EXPENDITURE ACCOUNT NUMBER TO: Carol Doppler, Purchasing Agent 'v J� Prosource One Kerb 50 W SP $340.00/001- 2731 - 572.5221 VIA: Jody Rivers, Parks Superintendent $198.751001 - 2731 -572 -5221 Top Choice $27.30/001 -2731 -572 -5221 FROM: Tom Balfe, Parks Manager $181.75/001. 2731 - 572 -5221 DATE: 9/30/09 $118.75/001- 2731 - 572 -5221 SUBJECT: CO- OP BID FOR CHEMICALS AND FERTILIZER I concur with awarding the bid for the following items: COMPANY DESCRIPTION EST. EXPENDITURE ACCOUNT NUMBER Agro Distribution LLC dba Basagmn $181.75/001- 2731 -572 -5221 Prosource One Kerb 50 W SP $340.00/001- 2731 - 572.5221 MSMA 6.6 $198.751001 - 2731 -572 -5221 Top Choice $27.30/001 -2731 -572 -5221 Crop Production Services Award $181.75/001. 2731 - 572 -5221 Garlon/424 (vegetation) $118.75/001- 2731 - 572 -5221 8 -2 -10 Fertilizer *1 Ton -twice a year $1400.00/001- 2731 -572 -5226 Univar USA Blazon SP Or Equivalent $131.25/001 -2731 -572 -5221 Diamond R Fertilizer Defoamer NON TOXIC $1956.00/001 - 2731 -572 -5221 Dursban Cricket Bait 1% $35.00/001- 2731 -572 -5221 Orthene 1 LB can $145.40/001- 2731 -572 -5221 Howard Fertilizer and 15 -5 -15 Prof. TurfFertilizer*2 $964.00 /001- 2731- 572 -5226 Chemicals Tons- Twice a year for multi pupose, football & baseball fields 24 -2 -11 Turf Fertilizer *6 tons - $3744.00/001- 2731 -572 -5226 twice a year for Parks (we fertilize -not contractor) ACCOUNT TOTALS: 001- 2731 - 572 - 5221 - $3315.95 001 -2731. -572 - 5226 - 56108.00 -60- November 3. 2009 EITY OF OELRRY PEA � AY 6WHH AII-Amida 1993 2091 August 05, 2009 BEREH ' 1 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 . 6611243.7000 Agro Distribution/dba Prosoure One A= Chad Burkett 8245 State Road 7 Boynton Beach, FL 33472 RE: Bid #2009 -32 Coop Bid — Chemicals and Fertilizers Dear Mr. Burkett; Our City COMmission, at their meeting of August 04, 2009, approvcd the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contrad will be from August 10, 2009 through August 09, 2010. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. items awarded to your company are as follows: Chemicals: Yteut #(s): 1, 3, 6, 7,11,12,14,16,17, 23, 28, 29,33, 35, 36, 38, 42, 45, 48, 51, 52, 53, 55, 68, 70, 71, 74, 76, 79, 81,85, 91 and 99. Fertilizers; Item #(a): S, 6,10 and 17. Please submit, to each participating entity, the required certificate of insurance as stated on page 11 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative purchasing Council. If you have any questions, you may contact me at (561) 243 -7161. Sincerely, .. JJ �� QLY� Patsy N P g Manager ec: Joseph Safford, Director Tim Simmons, Superintendent Parks & Recreation Senovain, Stevens, Assistant Superintendent Parks & Recreation Steve Bureau, Golf Course Superintendent Palm Beach County Co-op Members SERVICE . PERFORMANCE - I NTEGRITY • RE SP O NSIBLE • INNOVATIVE + TEAMWORK -61- November 3, 2009 1111- AmericsClty '' I I August 05, 2009 1993 Crop Production Services toot Attn: Joe Collins-I3oymon Warehouse 2100 Moores Lane Mulberry, FL 33860 RE: Bid 62009 -32 Co-op Bid W- Chemicals and Fertilizers Dear Mr. Collins; Our City Commission, at their meting of August 04, 2009, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contract will be from August 10, 2009 through August 09, 2010. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Coop Bid. Items awarded to your company are as follows: Cbemicals: Item #(s): 5, 6, 8, 9, 25, 31, 32,56, 59,60, 61, 64, 66, 69, 82, 85, 92, 93, 94, 97 and 100. Fertilbmm Item #(c): 2, 8, 9,11,13, 23 and 39. Please submit, to each participating entity, the required certificate of insurance as stated on page 11 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243 -7161. Sincerely, Patsy N = asing Manager cc: ffoww wwe Director Tim Simmons, Superintendent Parks & Recreation Senevaia, Stevens, Assistant Superintendent Parks & Recreation Steve Bureau, Golf Course Superintendent Palm Beach County Co-op Members SERVICE • PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE • TEAMWORK -62- November 3. 2009 MY OF ORMY r s. P ELRAY BEAG7i _ ... ...... t :... :„ 100 N.W. tst AVENUE DELRAY BEACH, FLORIDA 33444 e 561. 1111- AmericsClty '' I I August 05, 2009 1993 Crop Production Services toot Attn: Joe Collins-I3oymon Warehouse 2100 Moores Lane Mulberry, FL 33860 RE: Bid 62009 -32 Co-op Bid W- Chemicals and Fertilizers Dear Mr. Collins; Our City Commission, at their meting of August 04, 2009, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contract will be from August 10, 2009 through August 09, 2010. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Coop Bid. Items awarded to your company are as follows: Cbemicals: Item #(s): 5, 6, 8, 9, 25, 31, 32,56, 59,60, 61, 64, 66, 69, 82, 85, 92, 93, 94, 97 and 100. Fertilbmm Item #(c): 2, 8, 9,11,13, 23 and 39. Please submit, to each participating entity, the required certificate of insurance as stated on page 11 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243 -7161. Sincerely, Patsy N = asing Manager cc: ffoww wwe Director Tim Simmons, Superintendent Parks & Recreation Senevaia, Stevens, Assistant Superintendent Parks & Recreation Steve Bureau, Golf Course Superintendent Palm Beach County Co-op Members SERVICE • PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE • TEAMWORK -62- November 3. 2009 CITY OF DELRAY DELRAY BEACH All•AmeriesCity II I I 1993 2001 August 05, 2009 Daimond R Fertilizer Co. Inc. Attn: Thom Chester 4100 (dads Cutoff'Road Fort Pierce, FL 34981 BEAEU 100 NX tat AVENUE . DELRAY BEACH, FLORIDA 33444 5611243.7000 RE: Bid #2009 -32 Co-op Bid — Chemicals and Fertilizers Dear Mr. Chester; Our City Commission, at their meeting of August 04, 2009, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contrast will be from August 10, 2009 through August 09, 2010. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 2, 20, 22, 26, 46, 57, 62, 63, 67, 78 and 93. Fertilizers: Item #(s): 2, 3,19, 20, 29, 32 and 41. Please submit, to each participating entity, the required certificate of insurance as stated on page l l of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach! County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243 -7161. Sincerely, P"Jom spph g M er g cc: rc� Mance Di rector Tim Simmons, Superintendent Parks & Recreation Senovain, Stevens, Assistant Superintendent Parks & Recreation Steve Bureau, Golf Course Superintendent Palm Beach County Co-op Members SERVICE - PE R F ORMANCE: • xNrE6RITY • RESPONSISLE - INNOVATIVE - TE AMWORK - 63 - November 3, 2009 koft All- AMWICity I I 1 August 05, 2009 1993 Helena Chemical Company 2001 Attn: Misty Keene P. o. Box 1758 Dade City, FL 33526 RE: Bid 92009 -32 Co-op Bid — Chemicals and Fertilizers Taear Ms. Keene; Our City Commission, at their meeting of August 04, 2009, approvad the award of the Co-op laid for Chemicals and Fertilizers to various vendors. Term of the contract will be from August 10, 2009 through August 09, 2010. Items will be ordered via individual purchase orders atid/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 6, 27, 30, 40, 47, 54, 65, 66, 73, 85, 86, 87,88, 99, 90, 95, 96 and 98. Fertlltaers- Item #(s): None Please submit, to each participating entity, the required certificate of insurance as stated on page 11 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. Ifyou have any questions, you may contact me at (561) 243 -7161. Sincerely, y� J Pa adal, Purchasing Manager cc: Joseph SaffoWutance Director Tim Simmons, Superintendent Parks & Recreation Senovain, Stevens, Assistant Superintendent Parks & Recreation Steve Bureau, Golf Course Superintendent Palm Beach County Coop Members SER VIC E ° PE RFORMANCE ° INTECkr - ry " RESPON5TRLE - INNOVATIVE - TeAMWORK -64- November 3. 2009 E ffy OF V DELRAY BEACH ... o . 100 N.W. 1o1 AVENUE DELRAY BEACH, FLORIDA 33444 5611243 -7000 koft All- AMWICity I I 1 August 05, 2009 1993 Helena Chemical Company 2001 Attn: Misty Keene P. o. Box 1758 Dade City, FL 33526 RE: Bid 92009 -32 Co-op Bid — Chemicals and Fertilizers Taear Ms. Keene; Our City Commission, at their meeting of August 04, 2009, approvad the award of the Co-op laid for Chemicals and Fertilizers to various vendors. Term of the contract will be from August 10, 2009 through August 09, 2010. Items will be ordered via individual purchase orders atid/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 6, 27, 30, 40, 47, 54, 65, 66, 73, 85, 86, 87,88, 99, 90, 95, 96 and 98. Fertlltaers- Item #(s): None Please submit, to each participating entity, the required certificate of insurance as stated on page 11 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. Ifyou have any questions, you may contact me at (561) 243 -7161. Sincerely, y� J Pa adal, Purchasing Manager cc: Joseph SaffoWutance Director Tim Simmons, Superintendent Parks & Recreation Senovain, Stevens, Assistant Superintendent Parks & Recreation Steve Bureau, Golf Course Superintendent Palm Beach County Coop Members SER VIC E ° PE RFORMANCE ° INTECkr - ry " RESPON5TRLE - INNOVATIVE - TeAMWORK -64- November 3. 2009 UTY OF DELRAY DaRAY sEAcm A11-Atl WM City 1993 2001 August 05, 2009 BEACH 5:. w 100 N.W. tat AVENUE • DELRAY BEACH, FLORIDA 33444 . $611243.7000 Howard Fertilizer & Chemical Co. Attn: George Carroll 7205 Hwy. 50 East Groveland, Fl, 34736 RE: Bid #2009 -32 Co-op Bid — Chemicals and fertilizers Dear W. Carroll; Our City Commission, at their meeting of August 04, 2009, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Tema of the contract will be from August 10, 2009 through August 09, 2010. Items will be ordered via individual purchase orders and/or blanket order releases on an "aa needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 4,15,18, 32,34, 39,43, 50 and 77. Fertilizers: Item #(s):1, 4,14, 21, 24, 31,34, 35 and 37. Please submit, to each participating entity, the requited certificate of insurance as stated on page 11 of the bid document. We would like to !horde you for you interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 2443 -7161. Sincerely, pp PatsyN in&Manager r — , ,, cc: aaeph Safford mance Director Tim Simmons, Superintendent Packs & Recreation Senovain, Stevens, Assistant Supwintendent Parks & Recreation Steve Bureau, Golf Course Superintendent Patin Beach County Co-op Members SERVICE - PERFORMANCE - INTEGRITY • RESPON5xBLE - INNOVATIVE • TEAMWORK -65- November 3, 2009 t All•MMCIChy I I ! August 05, 2009 1993 Lcsca, Inc. 2001 Attn: Ma pret Dovormak 1301 & 9"' Street -Suite 1300 Cleveland, OH 44114 RE: Bid #2009 -32 Co-op Bid — Chemicals and Fertilizers Dear Ms. Dovor=* Our City Commission, at their meeting of August 04, 2004, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors, 'Perm of the contract will be from August 10, 2009 through August 09, 2010. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity oft is Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 10, 24, 48, 75, 811,101,102 and 103. Fertilizers: Item #(s):12,15,18, 22, 25, 26, 36, 40 and 42. Please submit, to each participating entity, the required certificate of insurance as stated on page 11 of the bid document. We would 10w to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243 -7161. S ly �.. Patsy N , Purch ing Manager cc: Joseph SafF0nanoe Director Tim Simmons, Superintendent Parks & Recreation Senovain, Stevens, Assistant Strperintendeat Parks & Recreation Steve Bureau, Golf Course Superintendent Palm .Beach County Co-op Mvwbers S - PERFORMANCE ` INTEGRITY • RESPONSIBLE - I NNOVATIVE - TEAMWORK -66- November 3. 2009 EITY OF BEIRRY PFLRAY RFACH All- MMIMCHY • I'r" 1993 2001 August 05, 2009 Univar USA Inc. Attu: Judy Sparkman 1301 B. 9 Street Suits 1300 Cleveland, OH 44114 100 N.W. tst AVENUE a DELRAV BEACH. FLORIDA 334-04 5691263.7090 RE: Bid #2009 -32 Co-op Bid — Chemicals and Fertilizers Dear Ms. Sparkman; Our City Commission, at their meeting of August 04, 2009, approved the award of the Co-op Bid for Chemicals and Fertitims to various vendors. Term of the contract will be from August 10, 2009 through August 09, 2010. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Coop Bid, Items awarded to your company are as follows: Chemicals: Item #(s):13 and SS. Fertilizers; Item #(a): 27. Please submit, to each participating entity, the required certificate of insurance as stated on page 1I of the bid document. We would like to thank you for you interest in the City of Delray Beach and the Pahn Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243 -7161. Sincerely, Pats tlMb a j Manager cc: ` Safford, Director Tim Simmons, Superintendent Parks & Recreation Senovain, Stevens, Assistant Superintendent Parks & Recreation Steve Bureau, Golf Course Superintendent Palm Bawb County Co-op Members ,SERVICE • PERFORMANCE - INTEGRITY ' RESPONSIBLE ` INNOVATIVE • TEAMWORK -67- November 3, 2009 N ovember 3 - 2 pQ9 -69- m o � o W N N ovember 3 - 2 pQ9 -69- /I • aEFA:YrunwWchu srp'S�d 7.DJr Lnr7L7wiulAlsVRIg00e Paa. 149 fa CGOp TOTAL Agra 0 44903rd 0 897 OPENING JUNE 12.2009 2:W P.►! CITY OF DELRAY BEACH f� BID NO, 29x9.32 CHEMICAL AND FERTLIZER � IL ANNURLL.CONTRACT - CO.OP � Ikd� 0) Annual dw peaduco" FuSROp Chemical i L••ca /I • aEFA:YrunwWchu srp'S�d 7.DJr Lnr7L7wiulAlsVRIg00e Paa. 149 fa CGOp TOTAL Agra 44903rd CHEMICALS Wmand nt+trnuuen crop DliewadR EI•lena F•rlplmr Ikd� Annual dw peaduco" FuSROp Chemical i L••ca powngoon USA ITEM R cosomp71oN • p1•a -" SKAPPA Cw 1• Company Chw inl Irrc good Ina. 1 ACEPHATE 400lbs $0.00 17,2 - lb . 311.88 Ib. 11.00 - lb . $7.92 lb. 50.00 $7.251b, _ ; 1y; - „ 126. 1016. 101b, 2M$x 5 51b. M.EPJIArE •Ta A.Fmb AO is AVATAR "W me]e51 2 ACU $37 lu 121.5716. 521.00Ib. ; 322.73 ro. . 522.9s lb. 324. -86 S0A0 49.00 6.51b Jug 5,516jug AvM.ApN 5.51D6 f.Slb. 6,51ba Lr.rr ho ft 3 AMORO ANT VWLER 1924 Ito 18A0 b. _84 k 57.00 Ib. S8.501b. 4&35 0x $6.60 R. 07.85 lb. ... 26 l bat 25 lb. bag 25 lb, 216. 24Ib. Hann F'.r AN 5500 min order 0.1 meow1 A A NET 0 3G AO dmm $0.00 $0.00 dnan 5720.00 drum $0.00 drum SQAo SM 30 gal daxn 130 gal dean 1 Man svevT►osAnwlt 6 AOUA SHADE 0 gob 527.50 gal. 50.00 OIL 53o.96 gaL 50.00 $0 -00 92L SO.Oo $OHO 4x1 gd. Igo. 1 gal AMARAL 6 THDI. SUPER K o ba 10.00 lb. Moo 50.00 Saoo 10.99 7 SENAL 0 gak $55.00 gal. $0.00 gaL SYS8.00 gaL 10.00 50.00 $0.00 $0.00 2.5 gal. 2.5 gd. HAWTAT S TRAZINE 41. 11 9014 517.50 gaL 41&.20 517.59 oL 117.60 gal. 578.27 9 50.00 520.75 W. HERWIDE 2,Z5gaL 598L 2-S gal. 2.5911- 2,69A ATRA-S maesla 9 AWARD 49 rot -- i7 - 50 lb. - 86.99 lb, $6.33 lb. S6.30 lb, $0.0016. 50.00 50.05 M. 25 Ib. bag 25 w. bag 2s8A bag 10 CAD* 65 WG 90O ka $19.50 lb. 131.87 Ib. S18A2 Ib- 529.35 0x 529.50 lb. J. 50.00 $M.00 1A 4x5 m. 1016 Toro 1 9 lb, N �.- '� j rw SfAa�MI a5 bQaolaeea /I • aEFA:YrunwWchu srp'S�d 7.DJr Lnr7L7wiulAlsVRIg00e Paa. 149 fa 9 O l` R6Frwaeeaysrr],uty�SW TaWa6wu�COwa'1+kVA1rtA�f Psss 2 d ]0 o` COMP TOTAL Hero _._. 0 0 �t BID OPENING, Nth IZ 2009 2.00 P C" OF DE RAY BEACH EWmbasd DiAdbutloa Crop BID NO. 2009-32 N CHEPACALAND FERTILIZER .� AWWALCONTRACT -CO-OP Unlva N Annul dba Produetlnn Frr CMmtw1 O 9 O l` R6Frwaeeaysrr],uty�SW TaWa6wu�COwa'1+kVA1rtA�f Psss 2 d ]0 COMP TOTAL Hero _._. CHEMICALS EWmbasd DiAdbutloa Crop MammdR Hdbnb Fa Agzb Unlva Annul dba Produetlnn Frr CMmtw1 E Lases Pannington USA 1TEilM CE9Cg2PTlON us-10 3bnlcn C0.inc- Im Cwnpbay Chsrdd be SO" tn t4 BASAGRAN 150 gals 344.390, $0.00gat $93.2394. 154.40gaL 31t6.72gal 59,00 $93.5090. 1 gal 1 gal 1 9A. I gel a Ui9 _ .... 12 SIVERT 5D WIa $0.00 gal. x SO.DO gal $0.00 gaL 30.00 gaL U.00 $000 s0 OD 13 BLAZON SP 35 9da SO -00 of $0.0090 $0.00 gal 540.29 g4- $313-770- 50.00 OR EOMALENT 25 gal 25 get MARX R 14 CAPTAIN 0 gals , 50.00 gei $0.00 OAL $25.33 94- SOHO gat 40.00 WD13 10.05 gal 25 gal 15 CKFCO OT 26 220 gab 50..00 gal 50.00 gal. 50.00 gat 512&0 96L 50.00 50.00 5000 gal. 2.5 gd F6 CHPCOTCFCHOICE 7,000lbs 53.13Ib. $0,00lb. S3.2b b_ $278 b $3.6214. $0.00 53.0614. 1NSELTICIOE 5Olbba9 50lbbw 501b. 50 lb bag aousei 17 COHERE so gab $32,00 gal. SO-GO gal. $37.25 gat. $0-00 5000 $0.00 $600 1 god 2.5900 13 C SAIR1ER50DE 0 bus W.CO bs. 30.00 b0. 30.00 b& $77.40 bs. $0.05 50.00 $570 2 W_ bo0k 1 bomb 2 19 CURFEW 'Sot 0 gab $0.00 gal. $0.00 gal. 30.00 2d.. 50.00 gal. 10.00 SD_00 $0.00 50.00 FUhgGANT 20 RACON0. 150 gals $44A9 9 $67.080. 567.98 94. 3E7.66 gal. S41- 0 9AL 5000 50.00 WEATHER STICK W$ gat 25 gal 25 GAL 25 gd U- si'+iiwn S �L •OafBOt 9 O l` R6Frwaeeaysrr],uty�SW TaWa6wu�COwa'1+kVA1rtA�f Psss 2 d ]0 2 t` REF:sYnana'purduaipM�tl 1aWaFonYCaeiW vaVn toad Prpr 3.d 10 CO-OPTOTAL 0 C) c�1 BIO OPENING: JUNE 12. 2D01 2:00 P.M CITY QF DELRAY INEAW M SID NO. 2009-32 CNER4iCAL AND FERTILIZER Cottmhd ANNUAL CONTRACT -CO-OP Crop Otamobd R. N FWWIL r O 2 t` REF:sYnana'purduaipM�tl 1aWaFonYCaeiW vaVn toad Prpr 3.d 10 CO-OPTOTAL Ado Ifamrd CHEMICALS Cottmhd t14bt6N8ea Crop Otamobd R. HatwA FWWIL r Unity Amato &a Pmdmeoon Fwdlm Chomlra! & LreO POW USA tam# DESCRr710N Uufo F►osewea s"Cao C.,bc C Parry CNMNCd Yr4 3oad IRc 21 DAI:OM 2N WaM 123 gpia 348.30 4j1 $46.3D gal- $QDO gat W30 04 $4.300. $91.53 gel. $0.00 835.44 gd 2.Z5 g.] 25 gad 2.Sl* 2.S OIL. 2- 69Y_4724ge1 Far iN MM%2 22 DEFOAMM 233 plt $0.00 p1. f11.90 ql. 57.04 ;C 15.00 pL 53.62 FL 50.00 58.00 qt TOXIC 1 ptti I qL 16a I...ee RapA #060727 23 WK0945 0 $0.00 lb. fO.DO So.00 $0.00 lb. $4.6210_ W_06 woo ABLE POWDER casOauP.R 4 lba F%-.40 A4612fo 24 DRIVE 76 DF 1D8 l bs 585. I $8rse 13 $0.001b, f81.68 b. F6,Oo S. $6.00 S87.0010. 1 lb p ro 1 E6 1 80. aouppa' 25 PUMSM 2.5% 180 rag 71.05lb $0.0016 s0.05 Eb $0.00 $0.00 40.00 $0.00 PRANUIAR 50fix SDIb bap . tmcltctm C41wFAaaa232% cknvm- EFRo27Ht 25 butselw 1,001 to sari lb. a2 as SM60 lb. 3047 10.00 Moo S0_60 CRI CKET BAfT i1L So lb. 50th 5616. 5o lb. bg CakrPPaar t% 27 DURSBAN PESO 135 390.06 01 541.00 OIL S0.00 gaL 356.30 gat. 10.00 $0.00 70,00 .5 GAL 2x26 pal. 2.5 gal. 25 gal.. cpj.q, br Pm GRO PRO 2 26 FE INALE {D 500 57284 gd. $0.00 gel $70.0 OIL 58.50 get. $88.88 gat $0.00 80,00 2.5 gat. 2503L 26 lb. 2.5 goL Cl.WMA2E 7 Fnde G3 20 FIREANf AMDRO 17251 ",0,. SC lb. 57.00 lb. $0.50 lb. $7.14 lb. $0,00 87.65b. BXT(GRANULAR) 25 lb. bag 25 lb. beg 2sib. t0lb.brg 4mf -FAlm W0/100aW2! 30 rusl e u D 201 Ss9.3o qt. ss3 e6 ql_ 10,00 gal. a5 ss6.10 gd. 1211.22 gal S0.00 $234.80 gi. 1 qt. 1 qL . E' t ql. 1 qt. Mrs 2 t` REF:sYnana'purduaipM�tl 1aWaFonYCaeiW vaVn toad Prpr 3.d 10 'r�1 r: >3D OPEPlING. JUNE 12, a0090Z00 P.M. CITY OF OELRAY BEAGN BD NO.2DM32 � � CRZ -M)CAL AND FERT1LUER AP44IAL CONTRACT - CO-OP M-111 0) J CHEMICALS O PIA (V r ft'_F.11mm.-W.h.iidiBin Q?m Pag.[dtD W -OP 1IOTAL AYro M-111 CHEMICALS Eatlmtlea Oisbi udoa 4YOP Ola.twnd IL 40104242 f�.t -, Lq.1- A-al dba Woduatom Ft*,, OArulr;al d L- Puinlnptan USA 11>:Ma DESCRIPTION Uage ftt wta Sanleos C0. Ala GOtIgaAY Q.e4col Ir.. Sand 11.6 31 GARLON 424 286 $57.00 gal. 50.00 2421. WAS 9eL $100.00 gat $0.00 SCL00 SQOD NEOETATION 24 . 3 9aL blum 25 gai. 2.5 gd. MMIAGEAEHT} EU BMEM 4 GA- 4.e 32 HE WFA 100 $413_To lb 50.00 Oz $41 W. b 5413.70 b. $0,00 539270 lb. 1 Q - 1 W, 1 IL 074740 33 S.LO%AN 3EC6 s $165169 pal. 50.00 gal. 5162.55 gaL ST6Z3S gal. 5184.56 gal. $000 $0.08 . i W 1 gal. t 0424.. t pal M9165BB 34 ONADE JCONTAIN9 0 gals 91 SOHO gal. 50.00 gal. $116.60 ft ,.. 991.79 tt. $0.00 90.00 AMM ONW,S4T. 1 bol le 1 Ply, - 11,63� NIA2:+ia411N] ffowos 35 B'DUCE so gals a 31435 gal. - s0 - 00 - 00T - 521.09 gal 80.00 $0.00 $000 $0.00 2 - 2-1422 pa-h• 25 pat 2.594 AGTIvAT(m tq 36 14fRB SO W SP 160 Ibt: :36.42 lb. 50.00 Ib_ $41.85 1b, 338.33 lb. 537.09 lb. $0.00 341.23 Iti - j, 31b. 30N alb- 3lb. aMa$t ] YI A144ET 0 pads $00004. 5000 qti 50.00 Sd. 30.00 pA $0 -00 $0.00 p.i. 50.00 60.00 34 KW AGE E HERB IDE 101 bus 9B73D b8. $106.31 LIL 58BAS blt $64.00 bOJ& 431 blL $0.00 SWOO btL (1.302 PER160ME) __ 1.33w- bottle 1. bows 1 bd. 1.33 oz bode sa4laa.mner e.epvxmyr NALSVAN Pied 6c4�.Gyd.a.ea aWa4 /t 39 AIANCGMBB 90 ph $23.8690. 524.96 qY, MOD geL :35.70 gal. 0 - .� '' 923.76 VOL $0.00 324.18 pal. KUNGiCibE 2xa.5 gal 2-50 2.5 oaf s. I N Z5 gal. PENTAMON PEWAt)a.ON OF PENTATHWR tF 42011544 40 MAVR]K 0 g ds 50.00 qt- 8000 gal. 80,00 9•d 30,00 MOD 50.00 30.OG ye'Y�_3=4I a , i (V r ft'_F.11mm.-W.h.iidiBin Q?m Pag.[dtD Crl RF3y:Waseeyvd ai�glaei ieAh6:mGM�.:udi.g7nIf200e Paq.50 10 o, 00-OP 7WAL AM. 0 0 �a HID OPENING: "E 1Z 2009 Q 2:00 P-M. C4TY OF DELRAY BEACH Cr1 BID ND. 200932 IaMmm .d Dlmbftllm crop CHFANCAL AND FER FMER N ANMIALCONTRACT -COOP .D udw O) Aamd a ProaucOm Fed kw GllaaldCd O Lasoo z Crl RF3y:Waseeyvd ai�glaei ieAh6:mGM�.:udi.g7nIf200e Paq.50 10 00-OP 7WAL AM. Nowvd CHEMICALS IaMmm .d Dlmbftllm crop 01miand R. Helm FraDem udw Aamd a ProaucOm Fed kw GllaaldCd i Lasoo F"ngbw USA ITEM0 DIS CF4PUON Was Re"W" s"taa CCL k� C-Www OMmkd Inc Seed Im 41 MEW Equd 31902 57.16 aL 210.70 ca- $1396 CL SUM w- 518.99 az $0110 Nn aL 46 X1.50aJb1L 9.4 *L 1.6 aZ 2as 2m MERIOW. MALICE 7311MP lalidl a pro amlar 4X1.6 - 42 MSMA 8,6 s.Ma.N w 900 q!k $16.45 gd $19.76 90L 519.90 9d. 12220 gal 321.72 94 $0.00 10.00 269 2 . 5 9 4 2.5 gad 2e TARGCT TAap15T a01106T 43 b1SMA • 200 GOA $GAO Ud. $0.00 gaL $0.00 92L WOO 9aL aim 10.00 70.06 50.00 9d. SURFACTANT 44 PENACLM 1 O 0 $0.00 $0.00 lb. $0.001b. $0.00 b. SD,00 lb. $0.60 30.00 30 -00 45 OPTIMA 0 oafs $21 - 00 9aL 30D0 JA $47.57 gal. 1 $0.00 $0.00 $0.00 woo tqd 2.59d 1.700 46 ORTHENE 155 lb$ 12.301. _00 $0.00 b. $1210 lb. 37.361b_ $OAO $9.94 lb. 1 lb. can 12XI 4 1 Ib_ 121b. 11. 1 m. AO~TE ACEPNATE TS 5.4 +Agpee4/0 ao9lea3 47 PE7401R,6 m &3 EC 00 9 531.76 gal. $36.69 $0 -W gel- 536.30 9aL 13410 qaL $400 $01.06 gal. W.59d 239d _ .: 2.69al 2594. Lws Pnuea2 Ec 46 POWDU M6 MOM 80 9da $61.12 pd. $0.00 gaL 598.00 9d. 56350 94 $51.75 pd. $D.DO $63.30 qd. CAP 23gd 2.6 pd 2.698L 21 o le.e.Pnp.Aque dP aa/a /64 49 PRE - M 2031ba 56,00 lb. 50.0016. $0.00 Oz $29t00IL TO.001 $0.00 11.101b. 2.6 9d PENOULLA 1Cas POADULUM 13 L-Pr u a-" *Doors 50 PRAM 004 150 ela SD.00 gel. 50.00 grE. $0.00 9a1. $0.00 9 d, - 30.00 SOHO 50.00 Crl RF3y:Waseeyvd ai�glaei ieAh6:mGM�.:udi.g7nIf200e Paq.50 10 rd- RFF:t*.- i,urrhse Pane S ar 10 a C04P M AL a 0 BID OPEN"G- "JE 12, 2n9 0 2:00 P.M. C BD OE RAY B 2 (3iEMCAL AND FERTILIZER Crop ANNUAL CONTRACT-CO-OP Helena FrrieSnr N �" ar O rd- RFF:t*.- i,urrhse Pane S ar 10 C04P M AL AWo -- CHEMICALS Esill - Nd DIMASulf- Crop 01 FL Helena FrrieSnr �" ar Amax dba Producaoa F.Waw Ch-kW a Lasea P*M*4on USA rTHI • D1c60RIPT" U"" Pmsouros Srvacas C. hc. CwnPany CbsTEcal Inc. Seed atc. 32122090 51 PRIMO 85 psis $428.72 gel. $27S.00 gal $405.30 gaL $405.00 94 Ls76 -01 yal. Ep.00 . 1 �. 19d. 1 gal. 1 QaL 1 gal. 60ctri1 M canime0 mesa Wxx EC Ti - 52 PROSTAR7DWP 2T0 55256 Ds. sono16. S51.031b, $0.00 lb, .54Q i000 L0 .DO 3fA Ilb 3W 31b >o9i an 53 0 30 6 ;97.10 jug 2105.32Jug s88.6i Jug E64.00 jog X226 }g $D.00 597.7a A+9 BYROUNDUP 6.6 LBS_ $Jug e,S pg t jug 6.8 fb. 6.8 LB .AJGS 73.3% *await 54 • 274 gals $9150 gti. 191.75 S932D9S 5 109 . 70 gat $131.53 gat $0.00 $t19.35 9d. AOMTIC 214.5 Val 26 gd 5 god. 1 gal. 2.5 9d- Dauar eaRO DlauRSN smw+ar.tts 55 REVOLVER 73 qts S1D349 q. 50.00 qt- $1S$.45 qi. 5,74,60 qt. 1213AC ql- SQ -DD 5202.00 C$. HiBICIDE 141 1 qW I qL 1 qL so"W1 56 ROOEO 140 S50 gals $46.50 gal. - v $0.00 gal. $19.75 gaE 50.00 SO.00 68.00 _ 50.00 aQ S gel Or 2.5 gat 57 RCNSTAR2 G i02 La $s.43 1.52 I0. $1.58 It,. $1.53 Ib. 50.00 SO.OD Sa.Oa 3010. beg 601b, bag . SOIb. bap 5010. bag OXYD9VAM 56 ROUNDLP PRO S1,M60 *um 5635AD dnsn 676d.Do dn%n £1,245.00 *um S1.155.00 drum 51,044.79 drum 30,00 y 30 gal, drum 1 drum 130 gal dawn 1 dam 5 dram 1 drdm-30 gala. 30 9 4 . W cREM LTDAVAILABLE a47aE0 IFOSAMMM PRO Rna01e txo rao 59 ROLRJD -UP AfiO $243.75 a. $13625 a. $223.75 ca. $210.00 a. $474.57 a. 3000 x2-1/2 gallcc. 13dum 1.87 gel x2 1a. 2.59W 2.5 fld- 2x2 Sgd CREW E1cW PRO SS.4142D dnrR r - $0.00 drM $1,477.50 cl u $0.00 50.00 9D.00 50.00 1 CONCEN7RATE 30 gal drum ?• i dnsn 30 GAL Ofi[AIAS rd- RFF:t*.- i,urrhse Pane S ar 10 %/ Vl REF.aff ri * w, b- WtmWTabWloniYaHnluLrts7T1S0001 pop 7 ar 10 o, 00.OP TOTAL 0 0 cV BE OPENING: JUNE it 2009 *200 PM. CffY OFOELRAY BEACH M S8]NO.2DOS -32 Ea"gcl CFEACAL AND PERMIZER Hama ANNUAL CONTRACT - CO-UP �i Q] Amaal dba PrOdug". FarlIfaor emhw O %/ Vl REF.aff ri * w, b- WtmWTabWloniYaHnluLrts7T1S0001 pop 7 ar 10 00.OP TOTAL Agra Wmard CHEMICALS Ea"gcl olsbd d= crap IxaeandlL Hama Fftlmw UnN9r Amaal dba PrOdug". FarlIfaor emhw a I- pe d mon USA RCNi oE3G1UpT1pN Ma48a haaaulsa S"W" Cc Bit Ca my cMmtaal Inc Saga Ina. 61 ROUND -UP PRO 267 a $238.20 u. $8.00 m 8260,00 a. $0.00 $0.00 WAG SOHO CONCENTRATE 2x23 gd •t 2490 2x2- 112g4IA& 02 SE 76TH 216 8x1 $4235 Ib. 346.35 8a 644.66 Ib. 841.2316. 3623716_ $0.00 $0.00 516. jar SM, � Slb. 616. Slba. TAox soo421s 63 SEVIN 60 WSp cum 30.00 16. 30.00 81 1 � 88.05 fa. 60.00 30.00 W.00 30 -00 C"BARYL U 5 ib. 64 WN L"ID 114 p $17525 a. 6174.00 a. $190.76 Ca. 320130 a $192.64 a: 30.00 6180.00 d, 2x2.112gales- W1 gal tcs. 2.59x1 1c08 2x25 gals 00R8AR4141. CARBMri 4L Sun% 65 SNAIL A SLUG 75 9u 81.35 Ib. $0.00 4 30.08 lb. 81.11 lb. 6L42 1b. 80.00 $5.40 ®. aw PALLETS 508w bag 1016. 101b. MCTALDCNTOE D..Mw MPS 8111W 66 SONAR PR Ogle SO= 1b. $6A016, zvommm 30.00 60.00 60,00 30.80 S8 $LL 9016. bog 67 SUBDUE WM 7 gala $582.00 gal. 559125 gal, 853200 gd. 8420..09 9AL 60.00 S49A60 gal. 1 gel t gd : t gal. 1 9A. 1 gaL MEPCHOKALM mo OuW4. aYMOOraA 08 SUBDUE 8» SOHO IA 30.00 81 517416. $SSB lb. $4.14 lb. 38.00 50,00 GRANULAR - .__ 5016. bag 26 lb. 2S Ib. ♦31111 88 SU R5 99 gds 30.00 92L $57.76 9d. 55933 gal. 502.08 gal, 390.74 gd. 80.00 80.00 . SgaL 2-5 gal. 2Sgd 2.5 god. 3405025 Cuw" 04"M 70 TALSTAR UOM 85 gay $MAO gal- $3424 gat_ 56900 gal. $32" 9+ $75.75 gaff $0.00 $35.00 gal. s 19d 1* lid 1 gal. 1 gal WISDOM TC ROWAKE LWPARSL 1 HANCE 7.9% 5a-L- -.b.% 1Wr6ai. a0Na24 %/ Vl REF.aff ri * w, b- WtmWTabWloniYaHnluLrts7T1S0001 pop 7 ar 10 U REF,: V.- ..W.a..4MWT.W.W riCn. -c LA Valawe P".8 .110 o, COOP TOTAL Agra 0 0 SID 0?EHING JME IZ 1009, 2 00 P.M CRY OF DELRAY REACH �r BID NO. 2908 -32 � CWMICAL AHD FERT 17FR Ndkn. "WAL COHiRACT - C04)P Unwm Q) Annual dba ft duvO.. J Chu." O U REF,: V.- ..W.a..4MWT.W.W riCn. -c LA Valawe P".8 .110 COOP TOTAL Agra CHEMICALS E.Umm.4 DltWbWkn I Ndkn. FentCtar Unwm Annual dba ft duvO.. Fvtabw Chu." $ Lww P.n rww USA REM 1 MCRlP110N U.." prop a swMl- Cb lm. Compmlr 'Crr wca Ina 9a.d b,a. 71 TALSTAR .2G 100 lb. 50.51 lb. $0.49 lb. $0.74 6 30.63 Po. $0.90 30.510 $Om It. _ 25Ib. tug SO Q 50 k beg 25 It, bat fl{SDOY LA moova m400k1 ORANVLAK 72 ALSTARO.OS9% O .00 $0.00 $0.001b. SO.00w $OWlb. - - P-201b. 3 000 50.0$ BIFENltliW 60 pf. Sd - �U.as oonm..c 0-o-7 raartror 73 TANK 1#1MfRlL ZER 720 _ _ gals 30.00 gd- $279 lb. _ 50.00 A $9.$a qL S2.2S lb. $0.00 55.00 44 I1 . i gl 2lb. tM4C TANK& LOUMIN'( v re our t..o. S.I2a MEANER #$$3432 74 70P Ct{O[CE 14,040 Lbs - $$.18 lb. fO.0 llb. 3 N). f2.79 1b. $5-621b. $0.00 S3A516_ N-19 50 j bee 50 lb. b®® so lb, so ro_ 115u,et 75 TRACKER DYE 573 gals $0.00 gal. $25.02 gaL 318.8894. 52262 gaL $20.72 92L $00.0 435.84 gsL SLt1E DYE SPRAY 2.5001. so, f god. 2.5 gal. TURFLURK TURNA"BLUE 1001540 76 TOR C PLUS 720 gat: $35.00 gat_ 50.00 gaL $99.40 gal- $39.10 gat. 5000 $0 -0 $37.90 gal. Zs fag 25gs1 25 gal,. 77 WETrjNG 210 gals $16.00 gd. $28.00 gal. $50.76 g4L 510.92 qW- $21.00 gal. $0.00 $72.4.5 0V. 2/2.5 gel 26901 593 2.Sgsl ., S 259d wa vNeT Rem oxo Ot> WET It Ad SPraylal L.-Vw PW snel3es 76 CHIPCO GT FLO 170 gals $118.25 gal, $O.00 gd. $126.63 IDS. $11720 gd. $0.00 4000 50.00 �79 2tZ5 gd• VROMW E.P!e0 25 gat. 2.5 GAL CHIPCO SIpaA11.IRE 376 0n 32389 lbs. $0.00 lbs. 24AI Ibt. MZOS lbs. $24.66 ft 50.00 40.00 5.5 ib. s.5 Abs. 5.514 5.5 lb. U.o. SfOnaan 60 CERTAWM oz $59.00 or_ $000 or. $68.20oz. $75.90 oz 366 Oct m SaDD $0.00 led,264>; 1250 5 o 1.25w- wmnr 61 D 5 pals 551.70 gal. $74,93 0 -] $73.76 gal_ 556.00 gd. 551.84 PL $400 $4200 gd. rm7 _ 125 pal f25 9aL }.25 gal. 1259W. 1.23 gre1. PERYEi WtIN 6FR TENUARb e01CO3 U REF,: V.- ..W.a..4MWT.W.W riCn. -c LA Valawe P".8 .110 REfs�YnwxeW�oUatYb8ll7�hhbVSCha�1c +LANA7171a0a Pegs i a[ 10 COOP TOTAL 0 0 N en OPENING: JILNE12,200902:00PAP. CDYCFDELRAYMACH M OLD ND. 20DO -92 CrlaurraL AND FER ER imbm»d A7d"L COINITRACT - CO-OP C Olam.nd R. 0) F.Mur 7 0 REfs�YnwxeW�oUatYb8ll7�hhbVSCha�1c +LANA7171a0a Pegs i a[ 10 COOP TOTAL Apr* Howard CHEMICALS imbm»d Wablbaab. C Olam.nd R. Helena F.Mur bni+rar M al dba Pro&wd a rrr%Uw Chem A. L"46 Pisan[ um Miss OESCPWRON ltseuru leevlees C..Ma Caenywry Cbandaal Ina S-d am 82 60 gals 515.50 y9L $0.00 p.L S 1531 paL $20.80 gal 30.00 10.00 50.00 2x2.5 gal. 2-5gal 2.5 gal. KAMMOAM 83 VANI"E 150 gals 341.50 geL $0.00 gall. SO" $61.00 gat $41.50 gel. SO-DO Woo WA gal 23 Qal. 2.5 gal. ' 6rM 7a0 TiO ODUMT hs LAM Mri.n a fL 84 Cr-m 0 gala 40.00 gel. 80.00 gall. $0.00 92L 35525 gaL 80.00 $0.00 30.00 $0.00 NO BIO 2S gel S5 AQUATHOL K 0 fba 30.00Ih- $0.00 30.00 $0.00 WOO 2X2.3 NO MD 88 HYDROTHOL O on 52.701ba. $2.76 ibs. 80.00 gaL $0.00 Woo aw $0.00 NO BiD 408u_ 87 C 3000 9" SOHO gd. 376.50 0d to Do gal 40.00 SO.Oo woo $0.00 2.5 001. -., a8 DUNT PC AUMN 115018& $Q00 lba, $1.70 lb. 30.00 b. 1 51,74 @ St96 ti 50.00 SIA31b. MOLE 25KIL .]. 26Ib. bag 251b. bag CRICKET BAIT 0ontaa 88 OUPOWADH10N NO The 50.00 lb. $10.001b. $0.000x. $fO.04 gr $10.54 lb. 50.00 $10.25 ML FIRE ANY &4JT 12Iba. - 121b.bag 12lb_ aas0au 90 DOW FORE 30WP oft SO-OD lb. $0.00 lb. 30101b, $727 pr. $1.69 lb. $0.00 SO -DD RAWSHEILD „, 6D. 4x$Slb. @"Haas 91 KWELRED 3S ®s 60.75 gd. $0.000aL S8.7S 1d. $0.00 30.00 30.00 SD.00 41.21 gd 1725 gal O 92 WEEbPh 64 0 ba $13.00 gd. $13.90 gaL i17.7f gal, SIG-70 gal 30.130 SOAO $D.00 25gtl 69tl. 2.S go. gaL REfs�YnwxeW�oUatYb8ll7�hhbVSCha�1c +LANA7171a0a Pegs i a[ 10 BID OPENING. AWE 12, 2009 0 2:00 P.ht. CITY OF OELRAY BEACH BIO NO. 2009-32 CFEMICAL AND FERTILIZER ANNUAL CONTRACT - CO-OP' C Q) CHEMICALS EstlmaaW C) crop z I REf-Vi 'pAmhuNyWe irb.aaicmlCGariW.ds17,o1r]COa Ppr fodlo CHEMICALS EstlmaaW phoihutlon crop or.me�aR xa«.a Frt 6aa Univ° A-W aw Prad.Uion Farullcal ChNntuo a Lsasb PrrJr.gt LMA ITEM/ CEEC9OPnow Wes Prowurn Service Co.lne. CaaW7 C17�d kw. Saad It,c - limmosidwWaddift 1 Chemftfauwd it GW 93 M74:1L7.1 IR 20 gds 50.00 9d. 10,0094- 50.00 50.00 $0.00 SD_00 SAfN! v___..__ 94 U-71>0 25 $25.DO9W $26.909aL .00 FEW $0.00 SO-OD $0,430 2745 SW- 69d. dP SRLWCE PH 95 QUA NEAT 20 drum $640.OD diem $76930 dnen 11,13390 drum $1.161.00 drum _ $0.00 10.00 $0.00 30 gal dnen 7 d m 1.30 gal, dntm 1 dnno 1 dnm Aqua Star atYf+oe AOQA'W - _. 929LOO cs $129.80 case 5201.25 Q 5199.00 m 3208.55 CL SD .DO 50.00 96 QUA NEAT 40 (2 x21)2} 245 gal S me 1 an i case 2 x 2.5 pL ue $lar Aqua 81af cLYROe A.ILUTC iDt9fo6a 97 OLZ 60 319.DID 9d- 10.00 gat $31.01)93 30.00 50.06 30.00 SO.00 20 -5981 _ 1 9d 1mO COxCElI1RAr! 98 LEGACY 90 SD,OD 9d. $Q -00 981- 30.00 9eL low Woo 10.00 $0.00 x.40 (point re9.astoll 99 NEATZC (nwnalnda =nU- l So - 50.00 9aL 50.00 g�i- 50.017 $0.00 30.00 $0.00 50.00 100 PROYANT 2 cs SO.DD Ct $0.00 as 50.00 $39200 c4. 340913 ca 3g_DD $O AO Cnaedi.•idel 1 c:aae 8 x 10 M amosa 161 8879 plus 1 592.50 gal 5631.254 $0.0003 5542728 SO.00 50.00 5455.46cs_ 2a5 pal 2.5 Od- 1 case P 2X2.5 r.awo. T02 RRPZOEE 2 SO-DO cs $0.00 a SO.CO ca 1385.06 vs $375,00 4. •;} S O.OD 50.08 t rasa 1 case , S a $21.52 cA 590.30 cs $187.35 us $145.75 rs 3107.00 M $0.00 MOD 2)ZS pal 25 gal 1 me 1 case IIf_CAM9+EO PWLETtgW0R5oR TRIMEGCiA531C T5: � - __ 4.ra a.ow•+ra -u [ate.aoa Erg: T1013TME 0.091 prk"5rm W M^I. 31.0.10.09 G.Vo. W cdarn C"LY -1 aaa+ac>°wv* Ovl ner lo/sn crtl ustnsaooc I REf-Vi 'pAmhuNyWe irb.aaicmlCGariW.ds17,o1r]COa Ppr fodlo -79- November 3, 2009 00 OWN"M rn --� 0 N 0 rn C3 t1� � W . N -79- November 3, 2009 90oPtNW, a. li 10.s0 too P. CJIY OF DFIAAY BEACH BID 62009.32 CHE68CALS AND FER11 WERS A :HUAL CONTRACT - C"P a 0 0 (`l rr1 N .D QJ O Z C ��' .!l-t T • "u.Y 1.mi.wrSVlZs r TIIAN es n.r! Dku*.J" c— N.—i H.I.n. .Ndlfi M.iol db. ,.0u.6- Fsroiw O0-1w s ,..... P.4"— um REN d DES CPJPTHW U.y. P— M—i— C..1... Ch.rnisas m. 1N/ D�a S r bm WfM ATRALWE Ibis b. n 34 *� bs $000 0-0- irobAMCM moo S Mi R 3CLW 313L.eb. moo Woo 30b b­ 2 Lil.ODO WShQ. ��big YJLFASE OT POTAyiDYMIRAI� fmso i PROPESSIOML TUW SbR1 zn iJd b $0.96 9-6-a 6A719W SN9 b DOS S0.6o YOe M __$1 saw T6,OW _ Nalpxd 06 s Nb li! l619-0Ob 7a® S.3DI b 0.00 SaSli]S a Saes Wm SD,90 lase sn. WC- WCO Oo Y 7? SIM Woo 000 Oili� X7LF T mm 30 M. IFIMMOR 0 3000 20.00 Lii t,sWAO 30:00 mot slim - 7-I&II W r bsp TAR.M- rMnUzM &IM mw= 36. moo Sale 30.00 s336 at. W.9D Sa00 Gam cRADES4DE TtMF M� �3� 20 r b".ct wwow." sea, b" 50 lip 'A 386W L37b. &M It, s1 iu ssma6 so.. 49o. M.00DDan 3173.931.. SDOO saw 6 10-W* PJWFafiW IftiL "AV FMIA lR wb w sor b.0 m U74 lb $6"q- L3lb 3100 6swo0bn 30.00 W_00 fOm 7 Ws 0ME�l4 SW 0 W. Woo I&M W-6 woo sovo 30.00 s0.10 $040 s 631 LANIMDAE AN0 OWLW 00.1 - P13Ci1ulut mrOp 60r a" W WO 304 Wp L]ss b. &" W LA, b. S]Bb r 19 bs 3T7oO0 WW.m 3100 3762LO bn s77a000M sow W.UO 9 0J-1$ CµM SPEW A4% Wrbp WrD 50 /a i]7r :, u.6m L315b se3eobm LAS® wu0 3aW s,nOSe,sn W.w 3100 3o t"U AtJAITROPIrX ♦avERTnizm 4 se m. s0►, b.0 s0r It" 9AM w. W.00 t313 Ib0P00 i]LSt s]63b moe 3666.001a. "A u.. wm 16.00 rw ua/n varTl D}H'b T 1 4W114- .rA pj _ 5100 W.00 $0.00 W.00 W.00 moo a 0 0 (`l rr1 N .D QJ O Z C ��' .!l-t T • "u.Y 1.mi.wrSVlZs | � | ■ | k � j ; g 0 ,§ §§ § -al- November % 2009 , . , || - if � ` |� o I � � � | || � ■ � | | x 2 . ■ , . ¥ f � 2 . � f F # ■ � I � ■ � |� � �§ �§ � « � � ■�� | | | �� | : ] j \ I g �| | I , | |§ | f U § ` | # ■ || | . pi | .� !�! | �| ■|._ § `| � |' \ q E ' | § ��| | | ||� ■ 2 !,! .! ■,I , . 01 UL | | | | | | | | | | | ■ | k � j ; g 0 ,§ §§ § -al- November % 2009 ■ ! i § ■§ � \|§` 2 )k�( 2§ _ -SJ- November « 2009 . _ _ . . | | | � � | | � | B B | | | | | | § § ! ! || 9 § §!; , , | ` • • | • © © i it 7 7 ! ! , ! ! -! | | |� | | | | | | | | | | a a F Fs fit , ■ ■� � � |■ | |� � @ @�������� I s � �� ! !� ; ; ■ ■a � �r I . � ( ( � � ! ;| � | | | | | | | | | 2 2 | | | | E E ■§ � \|§` 2 )k�( 2§ _ -SJ- November « 2009 I � k ■ 1 E , [k2§ 7 §|2 §§ § -R& - November 3, 2009 | • _ ■ _ | | | | !| || ` �• � | | | 2 � |■ | �§ 2 � &� , , | | , 2 _, ` �| ■_ ©|) | i ■ |3 | | | I k | |B `■ - , ■ ;$ ,,! , # , # # z ■! !• E | . # Ic �. � ■d it It | -■ | til | & � | | i i | | | 1 ' | ' | | | | | | | | | |�� � k ■ 1 E , [k2§ 7 §|2 §§ § -R& - November 3, 2009 MeetingAgenda Page 1 of h City of Delray Beach w Regular Commission MeetingN. RULES FOR PUBLIC PARTICIPATION !—umlay. Ague M 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion. Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under dais section. B. Comments and Inquiries on Non - Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than these that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public bearing or non- agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COM11?MSSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Co as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking ftuther, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES http:/ /nxiwebOOI/ Agendas/ MectingA.gertda.aspx ?meetingid =214 $/5/2009 -84- Nov ember 3. 2009 MeetingAgenda Page 5 of 8 Accept-ft-actions nd decisigna made by the Land Development Roard��Or_the pe riod July 20. 2009 through July 31, 2009. Q. �4 WARD OF B1D5 AN cQC$� 1. Bid award to multiple vendors` in the estimated annual gloubt of_ SI86.500.00 for the purchase of chemicals and fe tiilixw for tke City. Funding is available from 001.45,11 -539 -52.26 (General )'nnd/Oggmting Suap,]jt&(Gar&gWg $ppplies), 1194144 -572 -52.21 (Beautification Trust FundVOpsrating SnpplieslChemicals), 00141W- 52.21 (General Fund /orating Supplies/Chemicak), 44E4714 -572 -5216 W.R. Muaicipal_Golf Sourat/Opera Ei .. $. uonlies/GardeMn, - g,Sapplies} and 4464714572 �26_¢.ayjew G41 CouraeJppe�at Supplies/Gardening SU pnlies). 2. Contract award to Bakses Transport Service MTS)sn_ the am ►erupt n to 3. !Q,gptMct afysrd to Chaz Equip n mt_Cm_nany in the amount of $47,770.00 for the emergencyrepair ofsanitary sewe mains at Lift Station 024. along S 6 Avenue_at_ the intersectiQnydth S.W. S it Court (816 &W, -6 Ave nue l. Funding is available from 442- 517U3fi &Z.51 Oka-ter-/-Sewer Renewal and Replacement Fund/Sewer M9w), 9. REGULAR AGENDA: A. WAIVER REQUESTIDELRAY BEACH CLUB_APAj{T2ZNjS: Consider a request for waiver of Land Develmm gl,.atigng MR) Section 4.6.9 ( X2), "StscMa Distance "_,_ to_allojy a reduction in the requh-ed stacltine distance from 100' to 7Q' and 100' to 66' for Delray_ Bench guh ,�p 4rtMWM, located at 2000 South Ocean Bouley rd, (Qyg#- adicial Hearin B. !QMITIONAL USE-REOUMIC AU PLA • Cp10ider a, „conditional use request to ailm a recreational establishmm i th Attendant eaf6 lutown s Caf6 Au v t e located on Parcel "B” of the South Delray Shopping genter a IM3 South Federal Hip ya� z (Qups_bUd_ic..a l Huuir ) C. CONDITIONAL USE ROUESTMM AN UNIYER.$ITY AND INSTRUCTIONAL C 4 ]V7'ER. Consider - - conditionai use request t4 establi Kaplan Unive hu the Mixed Resi tfal Office and C. (MROC} zoni d1grict within the.ps CorpQrate_C located at 3333 So l Comress Avenue. (Qo J icial lY'earin http: / /miweb00l/ Agendas /MeetiagAgenda.aspx?meetingid 214 8/5/2009 -85- November 3, 2009 ItemAttachments CITY OF DELRAY BEACH REGULAR COMMISSION MEETING Tuesday, August 4, 2009 6:00 P.M. Item Title: Bid Award/Multiple Vandom/Chemicals and Fertilizers ATTACHMENTS- click to download (Got Adobe Acrobat Viewer WVJ 'M .UT = t1 ' A Rage I of i http:// miwebDOI/ Agendas gtemAttachments.aspx ?itemid= 2417 &meetingid =214 8/5/2009 -86- November 3.2 009 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: July 27, 2009 SUBJECT: s GENVA =bj &Q.I -REGULAR COMM1SSION1lIELTINQ QE AlJQUET 4, 2009 BEl} AWARDLm XI= yENDORS/CKEM1CALS AND E TELEZERS rTEM BEFORE CQMMXN51ON City Commission is requested to approve multiple awards to lowest responsive biddcr(s) for the purchase of Chemicals and Fertilizers through Co -Op Bid #2009 -32 as needed at an estimated annual cost of $186,500 for the City of Delray Beach. BACKC"ROUND The City of Delray Beach is the lead entity for this co- operative bid. Bids were received on June 12, 2009 from eight (8) vendors, all in accordance with City purchasing policies and procedures (Bid #2009 -32, documentation on file in the Purchasing office). A tabulation of bids with the awarded vendor highlighted for each item number is attached for your review. Senovain Stephens, Assistant Parks Superintendent; Steve Bureau, Golf Course ,Superintendent and Purchasing reviewed the bids received and recommended award to low bidders. The only item not recommended for award to low bidder is item #73 in the Chemical bid. The low bid item has longer delivery time and the second low bid item can provide for easier ordering when mutiple items are ordered from the same vendor. VcAkEb ; Argo Distribution dba Prosource One Crop Production Services Diamond R Fertilizer Co. Inc. Helena Chemical Company Howard Fertilizer & Chemical Lesco Inc. Univar USA http: / /miweb001 / Agendas /Blueshcct.aspx ?ltemID= 2417 &MoctingID =214 8/5/2009 -87- November 3, 2009 Page 2 of 2 FITU j Q SOURCE Funding from the Beautification Trust Fund/Parks Maintcnance /Cemetery budgets: $76,500, and Municipal Golf Course/Lakeview Golf Course budget: $110,000. RECD WNDAIJON Staff recommends multiple awards to vendors as stated above at an estimated annual cost of $186,500 for the City of Delray Beach. http: / /miweb001 /Agendas/Bluesheet.aspx ?ItemID= 2417 &MectingD)=214 $1512009 - 98 - November 3. 2009 CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGER'S REPORT ❑ ADMINISTRATIVE 0 NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -116 — Approve piggyback the Jacksonville Electric Authority (JEA) 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 for a project cost of $2,113,795.97 with a 10% contingency of $211,379.60 for a total project cost of $2,325,175.57 EXPLANATION OF REQUEST: The Utility Department received Commission approval to develop an extensive Infiltration and Inflow program. We have completed the first four inspection phases, completed our first repair phase and are about to complete our second repair phase. The program identifies structural deficiencies associated with the gravity lines and manholes, reduces treatment and maintenance costs and creates an efficient wastewater system. After review of the reports from Inspection Phases III and IV, we have identified approximately 51,477 feet of pipeline and 114 manholes to rehabilitate. The department is calling this project "I &I Program Phases III and IV repairs ". The goal of the program is to reduce infiltration of ground water into the sanitary sewer system. This reduces our overall treatment costs at the regional wastewater treatment plant and reduces power costs at lift stations. (KB Note added 10/28/09) The department would like to piggyback the JEA contract bid #WCS - 066 -07 with Insituform Technologies for pipelining the wastewater gravity mains. 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. The City has had great success with this method and with Insituform Technologies and would like to continue 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 cost of $2,113,795.97. The total cost is based upon linear foot and individual unit pricing on the various services as per attached schedule of bid items. There will be no permit fees -89- November 3, 2009 required or obtaining temporary access to easements related to this project. Attached is a spreadsheet outlining the individual line segment costs and the area where the work will take place as well as the JEA bid documents. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES: 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 proactively to avoid costly emergency repairs in the future. FISCAL IMPACT: BUDGET ACCOUNT BUDGET AMOUNT 403 - 5000 - 590 -96 -04 SWR 064 $2,325,175.57 The contract was awarded to Insituform Technologies on July 12, 2007 and has a contract term for 3 years. During this 3 year period, pricing will remain the same; therefore this project would have cost the same as last year as compared to this year. KB Note added 10/28/09 ALTERNATIVES: 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 costs and eventually serious system failures. -90- November 3, 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY- BACK" OF A JACKSONVILLE ELECTRIC AUTHORITY CONTRACT #82768 WITH INSITUFORM TECHNOLOGIES, INC., OF JACKSONVILLE, FLORIDA, TO REHABILITATE THE CITY'S WASTEWATER GRAVITY MAIN LINES FOR A PROJECT COST OF $2,113,795.97 WITH A 10% CONTINGENCY OF $211,379.60 FOR A TOTAL PROJECT COST OF $2,325,175.57; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the Jacksonville Electric Authority has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements; and WHEREAS, upon recommendation of staff, it is the City's desire to "piggy- back" of a Jacksonville Electric Authority Contract #82768 and authorizes the Mayor and City Clerk to sign an Agreement with Insituform Technologies, Inc., of Jacksonville, Florida to rehabilitate the City's wastewater gravity main lines for a project cost of $2,113,795.97 with a 10% contingency of $211,379.60 for a total project cost of $2,325,175.57. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggy- back" of a Jacksonville Electric Authority Contract #82768 and authorizes the Mayor and City Clerk to sign an Agreement with Insituform Technologies, Inc., of Jacksonville, Florida to rehabilitate the City's wastewater gravity main lines for a project cost of $2,113,795.97 with a 10% contingency of $211,379.60 for a total project cost of $2,325,175.57, a copy of the Agreement is attached hereto as Exhibit "A ". -91- November 3, 2009 Section 3. That this Resolution shall become effective inimediatel -Y PASSED AND ADOPTED this day of November. 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hav Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross ATTEST: Janet M. Prainito. CMC City Clerk (Corporate Seal) - 92 - November 3. 2009 AGREEMENT TO REHABILITATE BOYNTON BEACH'S WASTEWATER GRAVITY MAIN LINES This Agreement is made as of this day of , 2009 by and between INSITUFORM TECHNOLOGIES, INC., of Jacksonville, Florida, a Foreign Corporation, authorized to do business in Florida, with offices at 116 Spanish Moss Lane, Ponte Verde Beach, Florida 32082 ( "Vendor "), and The City of Boynton Beach, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City "). RECITALS WHEREAS, the City has an ongoing program to identify and rehabilitate portions of the City's gravity wastewater conveyance system to reduce infiltration and inflow (commonly referred to as "I &I); and WHEREAS, City Staff has recommended that the next phase of rehabilitation to the system be performed by separate contractors; one to perform the pipe lining and the second to perform manhole rehabilitation; and WHEREAS, the City Staff has identified an existing governmental contract (JEA Contract number 82768) between Insituform Technologies, Inc., and Jacksonville Electric Authority (JEA) which was let be JEA following equivalent contract letting procedures as are required by the City of Boynton Beach Purchasing Policies; and WHEREAS, Insituform Technologies, Inc., submitted a proposal dated October 15, 2009 to the City to perform reconstruction of the 8 -inch to 24 -inch sewer lines using "cured in place pipe" (CIPP) at prices based on JEA Contract number 82768; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and Insituform Technologies, Inc., agree that Insituform shall repair approximately 51 feet of pipeline pursuant to Vendor's proposal dated October 15, 2009 and incorporating the terms and conditions for performance as set forth in JEA Contract number 82768, a copy of which is attached hereto as Exhibit "A ", except as hereinafter provided: A. All references to the Jacksonville Electric Authority shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 -93 - November 3, 2009 Telephone: (561) 742 -6010 / Facsimile: (561) 742 -6090 Copy : James A. Cherof, City Attorney Goren. Cherof. Doody & Ezrol. PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771 -4500 /Facsimile: (954) 771 -4923 C. The location of the services to be performed by Vendor under this Agreement is outlined in the map attached hereto as Exhibit `B ". D. The price list for the services to be performed by Vendor under this Agreement, totaling $2,325.175.57, is attached hereto Exhibit "C ". Section 3. In the event that the Jacksonville Electric Authority Agreement is amended, or terminated, Vendor shall notify the City within ten (10) days. In the event the Jacksonville Electric Authority Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The Vendor agrees that in the event it enters into an Agreement for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Agreement, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Jacksonville Electric Authority Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH. FLORIDA ATTEST: LOW Mayor City Clerk APPROVED AS TO FORM: Office of the City Attorney INSITUFORM TECHNOLOGIES, INC. WITNESSES: -94- November 3. 2009 C Print Name: Title: ATTEST: SECRETARY -95- November 3, 2009 EXHIBIT "B" MAY -96- November 3. 2009 EXHIBIT A AGREEMENT BETWEEN JACKSONVILLE ELECTRIC AUTHORITY AND INSITUFORM TECHNOLOGIES, INC., -97- November 3, 2009 EXHIBIT C PRICE LIST OF SERVICES FOR CITY OF BOYNTON BEACH -98- November 3. 2009 FROM : October 15, 2009 FAX NO. :9042804162 Oct. 15 2009 04:56PM F2 Tel. (W) 2374426 Worldwoo PipW& 116 SpE th Mons LWE Toll FOW (am) 8n4w RehabWason Porte Vedro Mooch. FL 32062 Fax (W4) 2904162 www.imkutam+.com Mr. Tony Lombardi, Project Manager City of Boynton Beach 124 East Woolbright Rd. Boynton Beach, FL 33435 Re: I & I Project — Phase III & IV Repairs Dcar Tony, We are pleased to submit this proposal to reconstruct the 8 " -24" sewer lines located in Boynton Beach using "Cured -in -Place- Pipe" (CIPP). These prices are based on our 2009 -10 Annual Contract # 82768 with JEA. Please see attached spread sheet for detailed prices. Project Cost: 52,113,795.97 The terms and conditions governing this proposal are as follows: Proposal hwhnions: • Certificate of Insurance with standard coverage • Pre- installation video inspection recorded on CD • Standard cleaning of the existing pipe prior to installation • Post - installation video inspection recorded on CD • Standard one -year warranty • Actual field measurements will determine final invoice quantities All references in present contract to Duval County shall be considered as applying to Palm Beach County for the Limits of the work covered under this proposal lr000aal Exclusions: • Premiums for special insurance coverage requirements • Point repairs of any collapsed sections of the existing pipeline • Permits Disposal site for debris removed during cleaning • Please note that if any hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials • Constructions access easements -99- November 3, 2009 FROM : FAX NO. :9e42804162 Oct. 15 2009 04:56PM Fz Proposal Terms• • Payment due within 30 days of completion of the project • Partial monthly payments may be requested Proposal valid for 45 days Limited Warrant, IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND /OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES PROVIDED BY THE CONTRACTOR WHICH ARF: BROUGHT TO THE AT'I'RNTION OF THE CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONT ACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. We appreciate the opportunity to quote on this project. If you have any questions, please call me. Sincerely, INSITUFORM TECHNOLOGIES, INC. Ted Hotchkiss, Area Account Manager Owner Acceptance: Date: Please sign and return one copy of this proposal for our files or, if you prefer, a purchase order or subcontract for our execution. -100- November 3.. 2009 a, 0 0 N I 1 Program Phase 11 Repairs Basin Pipe Segment Address Up Invert Down Invert Dia Length :! 309- 205 309- 205 - 012-003 HALF MOON BAY 5 8 8 281 9 $175.00 $3.50 - $2 .80 � r. $1a,089.30 � x 309 - 301 309- 301 - 003-004 1083 N Oakridge Cir 7 6 8 200 7 $175.00 $3.50 $26.80 $7,285.00 309- 301 ... 309- 301 - 006-007 7267 E Oakridge Cir 7 8 8 270 9 $175.00 $3.50 $26.80 $9, 756.00 fie �5 .: It. ?��.. .. :1. _ V'.�+ - 309 -302 309- 302-005.004 551 Wilkinson Road 4 5 8 194 6 $175.00 $3.50 $26.80 _ $6.928.20 309 - 302 309- 302 -019 -020 561 Seagrape Road 8 10 8 144 5 $175.00 $3.50 $26.80 $5,236.20 C .1 xx 309 - 303 309- 303-009 - 008 201 Hibiscus Tree Dr 4 4 8 284 9 $175.00 $3.50 $26.80 $10,177.17 309- 303 309- 303-015 -016 W side of 491 Ficus 5 5 8 91 3 $175.00 $3.50 $26.80 $3.288.36 309- 303 309- 303-026 -027 TULIP TREE DR. 7 7 8 105 4 $175.00 $3.50 $26.80 $3,887.56 309- 303 309- 303-027 -029 TULIP TREE DR. 7 7 8 150 5 $175.00 $3.50 $26.80 $5,420.00 309 -303 309303- 043 -041 SEACREST BLVD. 4 0 8 366 12 $175.00 $3.50 $26.80 $13,189.80 309- 303 309-303- 047 -046 170 Old Spanish Trail 3 8 8 223 7 $175.00 $3.50 $28 -80 $7.966.75 309 - 303 309- 303-056-057 41 Loquat Tree Dr 9 0 8 395 13 $175.00 $3.50 $26.80 $14,243,50 309 - 303 309- 303- 080 -074 FRANGIPANI CIR. 10 14 8 148 5 $175.00 $3.50 $26.60 309 - 303 309- 303 - 075-084 ALLY 8 9 8 62 2 $175.00 $3.50 $26.80 $5,365.46 $2,228.60 309- 304 309- 304-017 -016 100 Menton 4 5 8 165 6 $175.00 $3 . 5 .5 0 - $26.80 $6.049.50 ) 309 -306 309- 306- 0043 -00 185 S Palm Dr 8 14 8 328 11 $175.00 $3.50 $26.80 $11,872.49 309 - 306 309- 306-026 -047 118 S Atlantic Or W 7 9 8 274 9 $175 W $3.50 $26.80 59.886.29 309 - 306 309- 306 -032 -024 Arthur Ct and Seacrest 3180 Seacrest 11 13 8 331 11 $175.00 $3.50 $26.80 $1 1,945.21 309-306 309- 306 -039-038 3365 Ora St 8 11 8 256 9 $175.00 $3.50 $26.80 $9,316.65 309 - 306 309- 306044 -043 3390 Seacrest Blvd 8 12 8 390 13 $175.00 $3.50 $28.80 $14,095.03 309- 307 309- 307 -015-018 2201 SEACREST BLVD 7 8 8 269 9 $175.00 $3.50 $26.80 $9.725.70 309 - 307 309- 307 -019 -020 2321 NE 1ST ST 9 10 8 338 11 $175.00 $3.50 $26.80 $12,166,40 309 -307 309 - 307 -028-027 91 NW 27TH AVE 8 8 8 123 4 $175.00 $3.50 $26.80 $1, 429,93 309 -307 309 - 307 - 031 -030 2671 SEACREST BLVD 0 8 8 170 6 $175.00 $3.50 $26.80 $6,204.03 309 -307 309-307-037-036REI 2761 NE 4TH CT 4 0 8 371 12 $175.00 $3.50 $26.80 $13.350.39 309 -307 309 - 307 -042 -041 241 NW 2ND ST 6 9 8 270 9 $175 -00 $3.50 $26.80 $9,756.00 309 - 307 309- 307 - 060 -059RE 150 MINER RD 6 8 8 38 1 $175.00 $3.50 $26.80 309 - 307 309- 307 - 064 -063 NE 28TH AVE. 9 12 8 294 10 $175.00 $3.50 $26.80 $1,338.52 $10,646.08 309 -307 309 - 307 -080-079 321 NE 26TH AVE 6 7 8 94 3 $175.00 $3.50 $26.80 $3,370,17 309 - 307 309- 307 -083 -082 2650 GREEN ST 7 8 8 42 1 $175.00 $3.50 $26 -80 $1,447.60 309 - 307 309-307-085-084REI 440 NE 27TH AVE 3 4 8 58 2 $175.00 $3.50 $26.80 $2,107.40 309 - 307 309- 307 -092 -099 MINER RD. 4 4 8 389 13 $175.00 $3.50 $26.80 $14.070.79 ;d�q� ire AS .,' iFx+'E j, iM.,i�t, "1 v`�,,•nllr - .�il: (� r� , r ,: f:n: t: 309 -308 309 - 308 - 001 -070 2235 US 1 - Boynton - Hypoluxo Animal Clini 4 4 8 138 5 $175.00 $3.50 $26.80 309 -308 309 - 308 -016-013 NE 4TH CT. 10 12 8 341 11 $175.00 $3.50 $26.80 $5,047.31 309 - 308 309- 308 -019-018 12640 NE 4th ST 6 8 8 323 11 $175.00 $3.50 $26.80 $12,26338 $11,705.84 309 - 308 309- 308 - 020 -019 NE 26th Ave and NE 41h CT 5 6 8 _ 326 11 $175.00 $3.50 $26.80 t1 f Rtd - Page 1 0 0 �1 I I Program Phase 11 Repairs 309 -308 309- 308 -021 -020 510 NE 26th Ave 4 5 8 146 5 $175.00 $3.50 $28.80 _ 35,239.71 309 -308 309- 308 -022 -020 426 NE 26th Ave 4 5 8 119 4 $175.00 $3.50 $26.80 $4,305.70 309 - 308 309- 308 -023-024 2112 NE 3rd St 4 6 8 337 11 $175.00 $3.50 $26.80 $12,139.13 309- 308 309- 308 -025-057 GATEWAY BLVD 12 12 8 20 1 $175.00 $3.50 $26.80 $793.12 309 - 308 309- 308 -029 -028 NE 3RD ST 0 11 8 338 11 $175.00 $3.50 $26.80 $12,178.52 309 - 308 309- 308 -031 -032 2112 NE 3RD CT 4 5 8 124 4 $175.00 $3.50 $26.80 $4,451.14 _ 309- 308 309- 308 -032 -033 2122 NE 3RD CT 5 6 8 119 4 $175.00 $3.50 $26.80 _ $4.317.82 309 - 308 309-308-032-033RD 2122 NE 3RD CT 5 6 8 203 7 $175.00 $3.50 $26.80 $7,366.81 309 - 308 309- 308 -033 -034 2210 NE 3RD CT 6 6 8 147 5 $175.00 $3.50 $26.80 $5,320.01 309- 308 309- 308 -035-025 GATEWAY BLVD. 7 12 8 249 8 $175.00 $3.50 $26.80 $8,932.58 309 - 308 309- 308 -038 -037 2136 NE 2ND CT 4 4 8 116 4 $175.00 $3.50 $26.80 _ $4,202.68 309 - 308 309-308-042 -026 329 NE 23RD AVE 10 11 8 347 12 $175.00 $3.50 $26.80 $12,608.04 309 - 308 309- 308 -045-044 307 NE 24TH AVE 6 7 8 394 13 $175.00 $3.50 $26.60 $14,198.05 309 - 308 309- 308 -046 -028 411 NE 25TH AVE 9 11 8 125 4 $175.00 $3.50 $26,80 _ $4,475.38 309- 308 309- 308 -047 -046 NE 3Rd CT AND NE 25TH AVE 8 9 8 178 6 $175.00 $3.50 $26.80 $6,434.31 309- 308 309- 308 -072 -007 NE 4TH ST & EAST RIDGE CIR N 9 10 8 97 3 $175.00 $3.50 $26.80 $3,464.10 309 - 308 3 309 - 309 309- 308-080 -079 309- 309 - 005-004 109 GATEWAY BLVD NW 14TH AVE. 5 7 6 6 8 8 281 NOW 173 9 t 6 $175.00 $175.00 $3.50 $3.50 $26.80 $26.80 81o,oes.3o $6,304.02 309 - 309 309- 309 - 006-005 NW 4TH ST. 4 7 8 403 13 $175.00 $3.50 $26.80 $14,485.90 309 - 309 309- 309 -014-013 330 NW 16th CT - East of sidewalk 5 7 8 102 3 $175.00 $3.50 $26.80 $3,612.57 309- 309 309- 309 -015-014 321 NW 16th CT 5 5 8 48 2 $175.00 $3.50 $26.80 $1,810.48 309 - 309 309- 309 -016-015 300 NW 16TH CT 0 5 8 99 3 $175.00 $3.50 $26.80 $3,509.55 309 - 309 309- 309 -023 -022 W end of NW 17th Ave - near 195 sound bar 8 9 12 357 12 $175.00 $3.50 $35.20 $15,896.55 309- 309 309- 309 -024-022 411 NW 15th Ave 6 9 8 252 8 $175.00 $3.50 $26.80 $9,023.48 309 -309 309 - 309 -025-024 411 NW 15TH AVE 0 6 8 246 8 $175.00 $3.50 $26.80 $6,844.71 309 -309 309 - 309 -030 -029 NW 3RD ST. 0 0 8 281 9 $175.00 $3.50 $26.80 $10,089.30 309 -309 309 - 309 -038-055 1691 Seacrest Blvd 15 13 12 97 3 $175.00 $3.50 $35.20 $4,286.64 309 -309 309- 309 -039-038 NW 1ST COURT 0 15 8 358 12 $175.00 $3.50 $26.80 $12,959.52 309 -309 309- 309 -048 -047 1560 NW 2nd LN 7 8 1 8 138 5 $175.00 $3.50 $26.80 $5,047.31 309 -309 309 - 309-067 -088 131 NE 17TH CT 4 5 8 201 7 $175.00 $3.50 $26.80 $7,312.27 309 -309 309 - 309 -075-072 111 NE 19th Ave 14 11 15 103 3 $175.00 $3.50 $45.50 $5,56710 309 -309 309 - 309 -083 -078R NE 2ND CT 8, NE 20TH AVE 5 5 8 142 5 $175.00 $3.50 $26.80 $5,177.60 309 -309 309 - 309-097 -096 130 NE 16th CT 4 3 8 247 8 $175.00 $3.50 $26.80 $8,893.19 309 - 309 309-309-103-102-RE 240 NE 19TH AVE 0 0 8 140 5 $175.00 $3.50 $26.80 $5,117.00 309 -309 309- 309 - 106 -105R 211 NE 16th CT 5 5 8 172 6 $176.00 $3.50 $26.80 $6,273.72 309 - 309 30 309 - 310 309- 309- 136 -135 309- 310 -018-021 2030 NW 2ND ST NE 2nd St & NE 15th Ave 5 0 8 8 8 372 .M393111 237 12 6 $175.00 Psi a $175.00 $150 u4� $3.50 $26.80 r $26.80 $13.377.66 $8,231.10 309 - 310 309- 310 -021 -023 NE 3rd Ct & NE 15th Ave 9 8 127 3 $175.00 $3.50 $26.80 $4,373.10 309 - 310 309- 310 -024 -026 NE 3rd St & NE 15th Ave 8 8 160 4 $175.00 $3.50 $26.80 $5.548.00 309 - 310 309- 310 - 026-030 NE 15th Ave & NE 15th Ct 8 8 147 3 $175.00 $3.50 $26.80 $4.979.10 309 - 310 309j3111T 309- 310 -060-061 xu - -. " ,. NE 4th St ' f ^_ M� 1 is Li .. ' ._h aliif 4 Ss�i A- K 10 kh I' ,� 1W . 8 1 ,:.. 'fi �:' 262 t P 6 1 .r.� ... s _ -;.. $175.00 11 f _ , $3.50 �. _ t ::ld $26.80 r ' s. .� ! & se,988.so UNNOMM Page 2 0 0 N I I Program Phase II Repairs 309 - 311 309 - 311-006408 8097 Ambach Wa 6 8 8 153 1 5 $175.00 $3.50 $26.80 $5,510.80 30 olli'villoillillill 309 -313 309- 313-006-003 OCEAN AVE 4 5 8 213 7 $175.00 $3.50 $26.80 57,687.99 309- 313 309- 313 - 007 -006 OCEAN AVE & NW 2ND ST 4 4 8 214 7 $175.00 $3.50 $26.80 $7.694 309- 313 309- 313-008 -009 458 NW 1ST AVE 0 5 8 276 9 $175.00 $3.50 $26.80 -05 E9,940.83 309- 313 309-313-011 -01 SRE NW 3RD ST. 10 10 15 333 11 $175.00 $3.50 $45.50 $18,242.00 309- 313 309- 313 -016-015 BOYNTON BCH BLVD 6 6 8 191 6 $175.00 $3.50 $26.80 $6,831,24 309- 313 309- 313 -017 -016 BOYNTON BCH BLVD & NW 4TH ST 6 6 8 108 4 $175.00 $3.50 $26.80 309 -313 309- 313 -018 - 017 432 BOYNTON BCH BLVD 5 5 8 166 6 $175.00 $3.50 $26.80 $3,960.28 $6,091.92 309 - 313 309- 313 -021 -018 NW 4TH AVE 5 5 8 292 10 $175.00 $3.50 $26.80 $10,565.48 309 -313 309- 313 -038-037 NW 2ND ST & NW 3RD CT 0 5 8 248 1 8 $175.00 $3.50 $26.80 $8.899.25 309 -313 309- 313 -040 -029 NW 4TH AVE. 6 0 8 287 10 $175.00 $3.50 $26.80 310,446.10 309 - 313 309- 313 - 042-041 215 NW 5TH AVE 3 5 8 251 8 $175.00 $3.50 $26.80 $8,990.15 309 -313 309 - 313-047 -045 NW 5TH CT & NW 2ND ST 5 5 8 71 2 $175.00 $3.50 $26.80 $2,496.27 309 - 313 309- 313-048 -047 211 NW 5TH CT 8 5 8 306 10 $175.00 $3.50 $26.80 $11,021.80 309 - 313 309- 313-062 -061 NW 3RD ST. 9 9 8 200 7 $175.00 $3.50 $26.80 $7,285.00 309- 313 309-313-063-062RD NW 4TH ST 9 10 8 222 7 $175.00 $3.50 $26.80 E7980.69 309 -313 309- 313-064 -062 NW 4TH ST 9 10 8 155 5 $175.00 $3.50 $26.80 $5,574.53 309 - 313 309- 313 - 065 -064 507 NW 8TH AVE 8 8 8 171 6 $175.00 $3.50 $26.80 $6,222.21 309- 313 309- 313 - 068-067 NW 5TH ST 3 4 8 308 10 $175.00 $3.50 1 $26.80 $11,082.40 309 - 313 309- 313 - 069-068 502 NW 5TH ST 4 3 8 313 10 $175.00 $3.50 $26.80 $11,242.99 309 - 313 309- 313 -075 -074 GALAXY ELEMENTARY 6 5 8 311 10 $175.00 $3.50 $26.80 $11,185.42 309 - 313 309- 313-087 -086 NW 10TH AVE 0 7 8 366 12 $175.00 $3.50 $26.80 $13,186.77 309 -313 309- 313 -089-096 NW 11TH AVE & NW 3RD ST 9 9 24 233 8 $175.00 $8.50 $67.50 $56.00 $32,129.60 309 - 313 309- 313 - 093 - 092 500 NW 11TH AVE 9 9 8 306 10 $175.00 $3.50 $26.80 $11,012.71 309 -313 309 - 313 - 095-094 NW 11TH AVE & NW 5TH ST 5 5 8 305 10 $175.00 $3.50 $26.84 $10,976.35 309 -313 309 - 313-096 -105 NW 3RD ST & NW 12TH AVE 9 10 24 263 9 $175.00 $8.50 $67.50 $56.00 $36,304.20 309 -313 309- 313-097 -096 NW 12TH AVE 4 10 8 127 4 $175.00 $3.50 $26.80 $4,532.95 309 -313 309 - 313-098-097 NW 12TH AVE & NW 1ST ST 7 7 8 396 13 $175.00 $3.50 $26.80 $14,273.80 309 -313 309 - 313 -099 -098 NW 13TH AVE & NW 1ST ST 6 7 8 275 9 $175.00 $3.50 $26.80 S9,a9z.35 30 JH 3 . Y;y ; - .; t 309 - 314 309- 314 -020 -028 LAKESHORE DR 6 0 8 251 8 $175.00 $3 -50 $26.80 $9,011.38 309 - 314 309- 314-021 -020 8200 LAKESHORE DR 0 0 8 194 6 $175.00 $3.50 $26.80 $6,940.32 309 - 315 309 315026-027 WATERSIDE OR 6 8 8 72 2 $175.00 $3.50 $26.80 $2,537.66 309 - 315 309- 315 - 033 -032 WATERSIDE OR 3 4 8 240 8 $175.00 53.50 526.80 $e,656.85 356-407 356 407 007 -008 SEACREST BLVD 4 4 8 299 10 $175.00 $3.50 $26.80 $10,80667 356 -107 356 407 -012 -006 SEACREST BLVD 8 10 8 392 13 $175.00 $3.50 $26.80 $14,152.60 358 07 358 407 -Q22- 021 2902 SEACREST BLVD 6 7 8 351 12 $175.00 $3.50 $26.80 $12,732.27 356 -407 356 - 407 -023 -022 SEACREST BLVD 10 10 8 292 10 $175.00 $3.50 $26.80 $10,591.54 356 -407 356 -407- 025 -024 2866 SEACREST BLVD 5 9 8 134 4 $175.00 $3.50 1 $28.80 j4 . 780 . 20 356 -203 356 - 203 -013 -011 632 Shore St. 12 8 1 196 5 $175-00 $3.50 $26.80 sa a, s nn Page 3 01 0 0 �I 1 I Program Phase II Repairs 3WMfM N r ,�P iJ n RIN ti i1 'Sx. l:-, .:9 ,..v .i_,i ua' - a Ch 356 -356 $56- 356 -039 -122 114 NE 1st St 8 8 57 1 $175.00 $3.50 $26.80 $1,902.10 356 - 356 356-356 -040 -041 Parking Lot W of NE 3rd St 8 8 165 4 $175.00 $3.50 $26.80 $5,699.50 356 -356 356 -356- 040 -122 Parkina Lot W of NE 3rd St 8 8 172 4 $175.00 $3.50 $26.80 $5,911.60 356 -356 356-356 -085-084 SE 3rd St & SE 5th Ave 9 8 295 7 $175.00 $3.50 $26.80 $10,103.50 356 -356 356 -356- 362 -363 128 SW 2nd Ave 8 8 394 10 $175.00 $3.50 $26.80 $13,688.20 356 -356 356 - 356 -363 -364 SE 2nd Ave & Seacrest 8 8 301 7 $175.00 $3.50 $26.80 $10,345.30 356 -356 356- 356- 354 -355 SW 2nd Ave & Seacrest Blvd 8 8 326 8 $175.00 $3.50 $26.80 $11,277.80 356 -356 356 - 356 - 353 -354 135 SW 3rd Ave 8 8 398 10 $175.00 $3.50 $26.80 $13,809 3 �!�:, � �,� ;a��� :rte. _ "z:, ;r3� _ � k :.� ' c 356 -405 356 - 405 -027 -026 2701 SW 5th St 8 8 352 9 $175.00 $3.50 $26.80 $12,240.60 356 -405 356 - 405 -045 -044 919 SW 27th Ave 11 8 284 7 $175.00 $3.50 $26.80 _ $9,830.20 3 -405 356-405-031 -032 3121 Chapel Hill Blvd 9 $ 286 7 $175.00 $3.50 $26.80 $9.890.80 � J, '? y`.2 �kA ` "PA' �.: •t. J g� , F!' �JJ r ^ 356-408 356 -408- 005.004 934 SW 34th Ct. 3 11 8 292 10 $175.00 $3.50 $26.80 $10,588.51 356 -408 356 - 408- 006. 004 3545 S Lake Drive 9 11 10 295 10 $175.00 $3.50 $31.20 $11,996.91 356 -408 356408- 007.006 936 SW 35 Ct 4 9 8 218 7 $175.00 $3.50 $26.80 w $7,827.37 356 - 408 356408 -008- 007 926 SW 35th Ct 3 4 8 219 7 $175.00 $3.50 $26.80 $7,860.70 356-408 356- 408- 009 -006 3605 S Lake Dr 8 9 10 295 10 $175.00 $3.50 $31.20 $11,986.50 356-408 356408 -010.009 937 SW 36th Ct 5 8 8 264 9 $175.00 $3.50 $26.80 $9,586.32 356-408 356-408 - 012-009 3705 S Lake Or 8 8 10 295 10 $175.00 $3.50 $31.20 $11,989.97 356-408 356408-013 -012 936 SW 37 Ct 5 8 8 262 9 $175.00 $3.50 $26.80 $9,525.72 356 -408 356408 -017 -016 907 SW 38th Ct 3 0 8 243 8 $175.00 $3.50 $26.80 $8.775.02 356408 356408- 019 -018 3822 S Lake Dr 5 6 10 245 8 $175.00 $3.50 $31.20 $904.15 356 -408 356- 408 - 020 -019 3845 S Lake Dr 0 5 10 296 10 $175.00 $3.50 $31.20 $12,014.26 356 -408 356408 - 023-024 3725 Diane Dr 3 5 8 396 13 $175.00 $3.50 $26.80 $14,273.80 3 a 356-411 356 -411- 003 -004 801 SW 33rd PI 7 8 8 264 9 $175.00 $3.50 $26.80 $9,574.20 601 -601 601- 601- 004 -008 OCEAN DR 9 10 8 306 10 $175.00 $3.50 $26.80 $11,030.89 601 - 601 601 -601- 012 -011 244 N CONGRESS BLVD 6 6 8 206 7 $175.00 $3.50 $26.80 $7,466.80 601$01 601 -601 -017 -016 ALLEY WEST OF AMP BOWLING LANES 6 9 8 222 7 $175.00 $3.50 $26.80 $7.939.48 601 - 601 601 -601- 021 -020 101 LAKE TERR BLDG A 6 6 8 233 8 $175.00 $3.50 $28.80 $8,468.99 601 - 601 601- 601 -022 -021 113 LAKE TERR BLDG B 5 6 8 376 13 $175.00 $3.50 $26.80 $13,658.71 601- 601 601 -601 -030 -013 108 OCEAN DR 10 12 8 391 13 $175.00 $3.50 $14,122.30 601 -601 601 -601 -044 -043 31STTERRSOUTH 5 5 8 219 7 $175.00 $3.50 $7,880.70 MIAM I s c -- r . 1 _ :. i'.-°,,1fti�_" :. - j H. ,. r `- 602-604 602-604-020-131 SW 22ND ST &CONGRESS BLVD 9 10 8 262 9 $17500 $3.50 t$2 $9,498.45 602 -604 602 - 604 -025 -024 SW 14TH AVE & SW 21 ST ST 5 6 8 193 6 $175.00 $3.50 $6,903.96 602 - 604 602 -604- 027 -026RE 2090 SW 14TH AVE 4 4 8 260 9 $175.00 $3.50 $9.453.00 602 -604 602 - 604 -030 -028 2090 SW 13TH TERR 4 5 8 291 10 $175.00 $3.50 $10,579.42 602604 602 - 604 -038 -035 SW 13TH AVE & SW 13TH TERR 8 8 8 182 6 $175.00 $3.50 $26.80 $6,558.54 602-604 M 2086 SW 13TH TERR 4 4 8 293 10 $175.00 $3.50 $26.80 $10,618.81 602 -604 602 -604 -043 -042 1318 SW 20TH ST 4 5 8 350 12 1 $175.00 $3.50 $26.80 $12,701.97 Page 4 C) 0 N I 1 Program Phase II Repairs 602 -604 602-004- 053 -052 2091 SW LAKE CIRCLE DRIVE 9 10 8 292 10 $175.00 $3.50 $26.80 $10,594.57 602 -604 602- 604 -057 -056 1917 SW LAKE COURT 7 6 8 269 9 $175.00 $3.50 $26.80 $9,719.64 602 -004 602-004 -058 -057 1817 SW LAKE CIRCLE DRIVE 6 6 8 93 3 $175.00 $3.50 $26.80 $3,327.75 602 -604 602-004088 -080 708 SW 18TH ST. 9 11 10 306 10 $175.00 $3.50 $31.20 $12,371.67 602- 604 602- 604067 -066 718 SW 18TH ST. 8 9 10 227 8 $175.00 $3.50 $31.20 $9,287.31 602 - 604 602- 604-068 -067 725 SW 18TH ST. 7 8 10 233 8 $175.00 $3.50 $31.20 $9,474.69 602 -604 602- 604074 -073 712 SW 15TH ST. 4 6 8 259 9 $175.00 $3.50 $26.80 $9,428.76 602 - 604 602- 604 -078 -077 710 SW 15TH ST. 6 7 8 317 11 $175.00 $3.50 $26.80 $11,533.13 602 - 604 602- 604 -080-081 530 SW 18TH ST. 11 12 8 234 8 $175.00 $3.50 $26.80 $8,478.08 602- 604 602- 604 -088 - 085 504 SW 16TH ST. 4 0 8 87 3 $175.00 $3.50 $26.80 $3,170.19 602- 604 602- 604 -087 - 088 506 SW 16TH ST. 4 5 8 175 6 $175.00 $3.50 $26.80 $6,343.41 602- 604 602- 604 -094 - 093 507 SW 20TH ST. 4 5 8 199 7 $175.00 $3.50 $26.80 $7,254.70 602- 604 602- 604 -096 -097 519 SW 19TH ST 4 5 8 182 6 $175.00 $3.50 $26.80 $6.552.46 602- 804 602- 604 - 097 -098 1900SW 19TH ST 5 7 8 165 6 $175.00 $3.50 $26.80 $6,055.56 602 - 604 6024604- 099 - 098 602 SW 20TH ST 4 7 8 296 10 $175.00 $3.50 $26.80 $10,703.65 602- 604 602- 804 - 100-099 602 SW 20TH ST 4 4 8 279 9 $175.00 $3.50 $26.80 $10,016.56 602 -604 602 -604- 103 -102 623 SW 21ST CIR 4 4 8 169 8 $175.00 $3.50 $26.80 $6,158.58 602 -604 602 -04- 107 -106 2002 SW 20TH PL 4 5 8 87 3 $175.00 $3.50 $26.80 $3,184.13 602 -604 602 -604- 111 - 110 606 SW GOLF DR 6 8 8 361 12 $175.00 $3.50 $26.80 $13,035.27 602 -604 602-004 -112- 111 601 SW GOLF DR 4 6 8 196 7 $175.00 $3.50 $26.80 $7,166.83 602 -604 602-004- 113 - 112 501 SW GOLF DR 4 4 8 362 12 .$175.00 $3.50 $26.80 $13,071.63 602 -604 602-004 -117 -116 1820 SW GOLF LN 0 0 8 69 2 $175.00 $3.50 $26.80 $2,437.67 602 - 604 602- 604 - 123 - 122 900 SW 24TH ST 4 5 8 131 4 $175.00 $3.50 $26.80 $4,678.39 602 - 604 602- 604 -126 -127 1805 SW CONGRESS BLVD 13 14 8 216 7 $175.00 $3.50 $26.80 $7,760.71 602 -604 602 -604 -130 -129 SW CONGRESS BLVD & SW GOLF LN 12 13 8 241 8 $175.00 $3.50 $26.80 $8.702.30 602 - 604 602 -604- 131 -130 SW CONGRESS BLVD & SW 9TH AVE 10 13 8 376 13 $175.00 $3.50 $26.80 $13,656.71 602 -6D4 602- 604- 133 -132 SW 10TH AVE & SW 11TH AVE 7 8 8 175 6 $175.00 $3.50 $26.80 $6,364.62 602 -004 602-004- 139 -138 2391 SW 9TH AVE 4 4 8 243 8 $175.00 $3.50 $26.80 $8,747.75 602- 604 602 -604 602- 604 602604 602.604 -140 -132 602-004- 142 -141 6024KK- 144 - 143 602-004- 146 -143 SW 9TH AVE & SW 11TH AVE 2393 SW 8TH AVE 2092 SW PARK DRIVE 2112 SW PARK DRIVE 0 4 9 9 8 5 11 10 8 8 8 8 173 323 229 389 6 11 8 13 $175.00 $175.00 $175.00 $175.00 $3.50 $3.50 $3.50 $3.50 $26.80 $26.80 $26.80 $26.80 $6,304.02 $11.720.99 $8,338.70 $14,046.55 602604 ono"m max ° 604 -005 602-6W 50-078RD 604. 605 - 001 -002 708 SW 15TH ST. rd 1913 SW LAKE CT. 4 MWK ., 4 5 4 8 8 243 209 8 7 $175.00 $175.00 $3.50 $3.50 $26.80 $26.80 $8,759.67 $7.569.82 604. 605 604- 605 - 009 -011 SW 14TH AVE &SW 18TH ST 7 8 8 113 4 $175.00 $3.50 $26.80 $4.129.96 604- 605 604- 605 -014 -013 SW 14TH AVE. 4 6 8 268 9 $175.00 $3.50 $26.80 $9,686.31 604 - 605 604- 605-025 -024 1015 SW 16TH ST. 9 10 8 203 7 $175.00 $3.50 $26.80 $7,372.87 604- 605 604- 605-030 -029 906 SW 10TH AVE. 6 7 8 208 7 $175.00 $3.50 $26.80 $7,536.49 604 - 605 604. 605-035 -034 1005 SW 17TH ST. 7 11 8 283 9 $175.00 $3.50 $26.80 $10,152.93 604. 605 604- 605-040 -038 1300 SW 18TH ST. 7 6 8 229 8 $175.00 $3.50 $26.80 $8,350.82 604 - 605 604- 605-041-040 1903 SW113TH AVE. 6 7 8 218 7 $175.00 $3.50 $26.80 $7,821.31 604 -60 604- 605 - 042-041 f l 910 SW 113TH AVE. 4 6 8 1 216 7 x $175.00 $3.50 3 $26.80 $7,754.65 Page 5 I I program Phase 11 Repairs 606-606 606-606-029 -028 1812 SW 18TH ST 14 14 8 84 3 $175.00 $3.50 $26.80 $3.061.11 606-606 606-606-122-121 SW 19TH OR. 5 4 8 134 4 $175.00 $3.50 $26.80 14,748.08 606-606 Fl- 004-0 609-608 606-606 -130-128 _• 609-608-004-011 SW 20TH ST. =11=091 7- SW 11TH ST.- - 4 9 9 11 8 im 8 164 237 5 8 $175.00 $150 $175.00 $3.50 $26.80 $26.80 $5.835.11 $8.565.95 609-608 609-608-005-O04 SW 23RD AVE. 7 9 8 398 13 $175.00 $3.50 $26.80 $14.322.28 609-608 609-608-007-008 SW 10TH ST 4 5 1 8 178 6 $175.00 $3.50 $26.80 $6,431.28 609-608 609-608-011-017 SW 11TH ST. 11 12 8 140 5 $175.00 $3.50 $26.80 $5,129-12 609-608 608-609 609-608-016-006 609-609-003-004 SW 23RD AVE. 1381 SW 26TH AVE. 5 7 5 8 8 8 147 317 5 11 $175.00 $150 $175.00 $3.50 $26.80 $26.80 $5,335.16 $11,533.13 609-609 609-609-006-005 1241 SW 28TH AVE. 9 7 8 258 9 $175,00 $3.50 $26.80 $9,380.28 609-609 609-609-008-007 SW 28TH AVE. 4 5 6 177 6 $175.00 $3.50 $26-80 $6.413.10 6094M 609-609-013-W4 SW 13TH CT. 13 14 8 188 6 $176.00 $3.50 $26.80 $6.746.40 609-609 609-609-014-072 SW 27TH AVE. 14 7 15 7 10 10 120 213 4 7 $175.00 $3.50 $175.00 $3.50 $31.20 $31.20 $4,850.12 $8.598.75 609-609 609-609-015-014 SW 27TH AVE. 609-609 609-609-022-015 SW 27TH AVE. 7 7 10 41 1 $175.00 $3.50 $31.20 y $1,604.64 609-609 609-609-023-022 SW 27TH AVE. 6 7 10 230 8 $175.00 $3.50 $31.20 $9.34.47 609-609 609-609-023-022RE) SW 27TH AVE- 6 7 10 230 8 $175.00 $3.50 $31.20 $9,384.47 609-609 609-609-024-023 SW 27TH AVE. 4 6 10 212 7 $175.00 $3.50 $31.20 $8,581.40 609-609 609409-03"33 SW 14TH CT. 5 6 8 153 5 $175.00 $3.50 $26.80 $5.519,90 609-009 609-609-041-037 SW 14TH CT 4 5 8 198 7 $175.00 $3.50 $26.80 $7,212.28 609-809 609-609-049-046 SW 14TH ST 10 10 8 210 7 $175.00 $3.50 $26.80 $7,572.85 609-609 009-609-056-051 SW 25TH AVE. 6 7 8 256 9 $175.00 $3,50 $26.80 $9,322.71 609-609 609-609 -057-056 SW 26TH AVE. 0 14 8 220 7 $175.00 $3.50 $26.80 $7,864.94 609-609 609-609-058-057 SW 13TH ST. 3 0 8 247 8 $175.00 $3.50 $26.80 $8,868.95 609-609 609499-059 -056 SW 13TH COURT 5 6 8 245 8 $175-00 $3,50 $26.80 $8.811.36 609-609 609-609 -075-074 SW 27TH AVE. 15 16 10 261 9 $175.00 $3.50 $31.20 $10,631.70 609-609 609-600-081-076 SW 27TH AVE. 14 14 10 270 9 $175.00 $3.50 $ 31.20 $10,957.88 609-609 609-609 -083-082 1007 SW 27TH AVE. 6 8 8 399 13 $175.00 $3.50 $26.80 $14,376,82 609-609 609-609-084-083 1016 SW 1 0TH ST. 5 6 8 345 12 $175.00 $3.50 $26.80 $12,556.53 609-609 609-609-086 -085 1057 SW 27rH PL. 6 9 8 315 10 $175.00 $3.50 $26.80 $11.285.41 609-609 609-609-089-088 1057 SW 28TH AVE. 7 10 8 394 13 $175.00 $3.50 $26.80 $14,213.20 609-609 609-609-M-089 1000 SW 28TH AVE. 4 7 a 395 13 $175.00 $3-50 $26.80 $14,240.47 609-609 609-609-091-081 SW 11TH ST. 13 14 8 325 11 $175.00 $3.50 $26.80 $11,784,62 609-609 609-609-100-091 SW 10TH CIR & SW 25TH AVE 9 10 8 301 10 $175.00 $3.50 $26.80 $10,873.33 609-609 609-609-102-100 SW 10TH CIR & SW 26TH AVE 4 9 8 279 9 $175.00 $3.50 $26.80 $10,028.70 609-609 609-609-106-105 2547 SW IOTTi ST 6 7 a 395 13 $175.00 $3.50 $26.80 $14,226.35 609-609 609-609-109-108 SW I I TH AVE & SW 25TH WAY 9 10 8 277 9 $175.00 $3.50 $26.80 $9.968.10 609-609 609-609-114-113 1013 SW 25TH PL 4 4 8 312 10 $175.00 $3.50 $26.80 $11,209.66 609-609 609-609-115-112 SW 25TH AVE & SW 11TH ST 6 7 a 253 8 $175.00 $3-50 $26.80 SM 60"09-117-116 g 1045 SW 25TH AVE 5 6 a a 262 9 $175.00 $3.50 $26.80 Page 6 s.q edaH ejo4ueW • pue Buiuipadld JOMO j� . • _ • • • r.M afar• semis fu .-rMt '� r ,� .i + t T� � , i�t ' +� r F •� ., (gam >• 1 _ + �{ •' "'�',' Ai / mil i ,� . � (.is N•` er�*n' •x�iz�� 1iG !^ - x �� � - r -1 � 1 �t y rrrTTIIT�'ll .' 4 � �: 9 y .,�_ �P� �' ^� f� ': • - � j • �- i Mf y � 'fir ' I ' ,h'" �k{K"�, � �[ -�' u: _ _ i _ t� -ear „ j. f" k - °° '� -- � .�^ '""�• + " � ? s � � �'• 9 , + MiL ®re ,TR!t4 s`cj.F t C.,�* •lr��r� L'tY• �::i :;..�' :t� _ r x '7. � 1 xa r`r � tt� •.. _ir �?I -i�l:, � - � T i � �. -y.,r � 'f! � II �� .r 1 �a sir• •' r.: W.11I ,fi�x"•• �"' - .,y'.$_. _ _ y TV - 44 nP ": .�.�.. 'S r �' � fig' �' e4 '4K. 4fi' -F •�•� 6001. ' Q m r a a` m d ftem S c 3C Est. Units Description TOTAL Unit NO. NO. QTY PRICE LS s nce PPRICE $25,000 / 2 1 1 4000 Furnish and Instag 8' CIPP Ming. 6.0 mm o, $E6.60 107,200.00 FMIGh and hung 10 CIPP Ung8.0 $31.20 62,400.00 3 061.1 2000 LF mrn thick =nd Install t7 OPP fdrp, 60 $32.79 65,400.00 4 96t.t 1000 LF i ' and install 16' CIPP lining, 7,5 Fu $42.50 42,500.00 6 DB1 1000 (F � ick Fumtah ON Inew 16' CIPP gning, 75 $47.90 23,950.00 6 961,1 800 LF mm thick 109 1.1 FumNh and butal 18' CIPP fnlnD, 0.0 544,90 93',000.00 LF inin thi Furnish and Instill 20' CIPP Oning, 9.0 $59.10 29, 600.00 8 984.2 00 L k mm =nd hate! 2 OPP Oning. 9.0 361 .60 30,900.00 a 961.2 goo LF Fdrd9h and Instal 20 CIPP lydng, 0.0 $61..50 61 ,500.00 10 981.2 1000. LF mm Buick 6 F Viand hula$ 30' CIPP lnhtg, 120 $94.10 47,050.00 11 8612 600 thm 1 Furnish and Install 36' CIPP lning, 13.0 $117.90 58,95Q •00 12 am LF mm vft i F�h lrtetall42' CIPP firdna, 13Z 5125,10 63,050.00 13 8612 1600 LF ! Furnish and fnsta0 48' CIPP $nft, 15.0 $173.40 86,700.00 14 961, 600 • .LF mm thick Furnish and Install 04' CIPP lining, 21.0 $13S, 60 119,300.00 15 b13 1.2 600 LF mm Wok ! Pipe Buraling l' - 4' 8ery Lstsnl io .4,6' 00 SOR 19, HOPE (0'- 4' Deep) 3' -. i' Rower Servlos Laurel to Cr, 6,62T, 9.0:!' OD BOR 19, HOPE or!' or 6' PVC BDR39 Conforming Do ASTM $36.00 1,800.90 18 93i so LF 03024••74 0e hi i 22 90B 1 1 EA AdjustfReaat Manhole Fame and 32' Pla v to One Fact 5690.00 690.00 Adjust/Reset Manhole Frame and 32' =186.40 186.40 23 882 1 VF Dim Covet item 21 Esos" Over Foot ! Lateral Connsedori (DPW Flexible saddle to PVC) a 8' -12' HOPE, (0' - $ 860.00 8,600.00 983.1 1D EA i 1 1 J 4 Cured In Place Plps (CIPP) Unit Price Construction Page 20 of 77 - 109 - November 3, 2009 V ti✓ Cu red in Place Pipe (CEPP) Unit Price Construction Page 2i of 77 - 110 - November 3. 2009 Lateral ConruoWn (OFW Fla ale 4 53 869.1 tq Saddle to PVC) 0 r - 12' HOPE, (4'- EA $1,065.OD 6 10,650.00 Lateral Connection (DFW Amrsia 34 NSA 10 EA i 2ddte fa PVC) Q 8' - tY HOPE, (6' -• $1,330.00 $ 13,300.00 Lateral CoarwWri (DPW ROM* Boddie to PVC) a 6' - 12' HOPE, (12' $1 ,600.00 16 ,000.00 Sib .7 10 e 6 Lateral Connactlan (DPW FYxUo 38 1 03.2 10 EA Sa le. WDPM) @ 12 HOPE, (0' $655.00 6 6,550AD Lateral Ocnm odon (DPW Fie" Saddle to HOPI!) Q e' -12' HOPE. (4' $1 065.00 10,650'.00, 37 , B Latarai Corxremn (VFW Flab is Saddle to HOPS) ® B' -14' ROME (8' $1,330.00 13 ,300.00 30 085. 10 EA - 2' Dism Lateral Conneadon(aFW Flexible t4Tiolia pll!)aw- 12,HOPE,(i2' G0 i6,00G.G6 3D 083 10 - i near .Si ,600. Reoonneotexleftsio rkmeuatn0 $175,00 8,750.00 44 903.1 60 aaloutter EA ro m 46 083.4 23 EA Hemmer Tap Removal $210.00 9 S'250.00 �4!g Oam eation Deernad.inaa6w (0' $760.00 3,900.00 40 064 6 EA on) Lateral Ca nneatlon Deemed in a ctive (4' $1 5,325.00 47 064 9 EA - 8' Dee ,065.00 6 Lateral Com*Won Deemed inactive (0' $1,220-00 6,100.00 49 064 6 EA -12' W S ' LateralConneaOonDaanuullreal[ve $1,54 -0.D 7,700.00 40 864 EA 12 6' Dee ) 6 50 006 C CW and Clean 8' -21' I s 3.50 3 500.00 C Oht loon 24'- W Dla 61 OB6 1000 LF f 8.50 B 500.00 Tubar;R -0on move) B -12,' 4,000.00 az' e65.1 ' zoo LF Dtameoe $20.00 63 gel. 1. 200 TWaroutadan Removot 14' - 10' LF a 25.00 6 5 000.00 54 086.1 200 rotion moval20'- 24 u ula LF Diame 531.00 6 200.00 Tube aeon Removal 27' =42' $35.00 7,000.00 986.1 200 LF Diameter a 66 goo 1000 LF Bypow Pu - 16" -2 ' I o $18.50 6 16 6D I 8a8 600 LF ' B e Pum n - 24" - 313' pipe $56.00 6 28 000.00 e2 068 Boo LF aee Pumd .42" -64' a 95.00 6 47 500.00 Btl 408-4 100 CY I A-3 Sall s ll Sf8.20 s 1,820.00 60 408-8 7000 CY Plowable Fill $121. 10 f 1 70 427.1 1 EA Tyoe 'A'Ma hole 0' -4'Dea $2,625.0 a __ 2 , 621. 00 71 427.1 1 e' 'Manhole `- 'Q $3,190.0 3,140.00 72 427.1 1 EA Type "A'Manhalo 8' -8' Deep) 53,430.0 6 3,934,00 54,830.A k,BB0.D0 73 427A 1 EA Typo 'A' Marihols -10' sa 74 427.1 1 !'A '8'Manhole D' - 4'Dee S3 630.0 3 630.00 V ti✓ Cu red in Place Pipe (CEPP) Unit Price Construction Page 2i of 77 - 110 - November 3. 2009 76 427.1 1 EA 7 "8' Manhole te - t' Dr 4 fi75.00 t 4,675.00 7 427.1 i EA T e'8'Menhole B' -t' 5,525.00 5,525.00 7T 427,1 1 EA '8' (8'- 1 D' 6 160.00 1 6,160.00 ' Cooneotle to Exlaling Menhala r 160"00 1;Goo. Do 4 427.4 10 EA teal t arowpiping 0' - " C OB 428.1 28 LK Decal t 2.029. DO 98 428.1 LF C Dew Piping 8' -12 . (4 - 8' 106.00 2,6M.00 T ' 42 1 28 F Sewer pe>Q �-12'. P 8 • Z 3.09 8 3,325.00 piping 8' -1r. 1 -18' 186.00 4.650.00 t18 .1 26 Dm 2 t3awerPIpft 14 -18 , P (0' -4' 101 1,010.00 99 428.1 10 LP De .00 so0 428,1 to F 8ewq�p1heIC IF,PVC 4' -8' D• 133.00 t 1,330.00 101 428.1 10 LF De fng a 192.00 a 1 920.00 8aworApDV i4' -18', PVC (tr -18' 230,00 2,300.00 102 42B,i 1 s 1 426.2 "6 Remave iReplece8' - 1r PVC (0' -4' 7,550.00 509 FA Deeo 51,510.00 Remove &.Replace 8" -12' PVC (4' -8' $1 ,910.00 9,55D.00 104 4 6 Des R Replace B' - tr PVC (N • $2,440.00 12,200.00 1 428.2 EA arm*" s RS X t Replace 8' -1r PVC (12'- ; 2,975.00 75 14,6.00 108 428.2 6 = Remove & Replace 14' -16' PVC (d S1 7,550.00 107 4282 8 I LA ,510.00 s R ve 6 Rapleoo 14' - 18' PVC (4' $1,910.00 9 106 4282 = Remove 8 Replaee 14' - 'I PVC (V - $2,440.00 12,200.00 106 4282 6 E;A It Dee S ,r Remo"& Replace 14 18' PVC (12' $3,080.00 15,400.00 110 428.2 EA -18' Dee s Remove and Replace Lateral r PVC BDR11SContorm(nQm ASTM 03034 -74 $38,00 3,800.00 111 428.4 100 LF ' -4' Dee 9 Remove and Replace Lateral 8" PVC $45.00 4,5DD.00 SDR36 ConformFng t6 ASTM D3034 -74 112 428.4 100 1 LF W- 8• Dae Remove and Replace Lateral 8' PVC $99.00 b,600.OD SO R30 Conforming to ASTM D2034 -74 113 428A 100 LF' 8' -12' Dae S Cared In Place Pipe (CIPP) unt Prtce Con4tsvdcn pag4 22 of 77 - 111 - November 3, 2009 SUBTOTAL : 1, 50,146.00 7.3.16 Oene Conditions (Max 3% of Tote Bid) TQ� BED (S>;(bfotBl nIus CrEn rt Conditiopl) s 1,674 , 098.19 : Cured in Piece Pipe (app) UnR Pmts Constructon Page 23 of T - 112- November 3. 2009 Rvntawe and Replace Lateral S. PVC Ro me In ABTM 08034 -74 I $83.00 8,300.00 14 8 4 100 Doan) 1 I 16 j 428.E 1 26 LF Yard P –4' $35.00 a 875.00 116 428,0• F' P1 in –E' S38.00 1 $50 lop 117 441.1 i0m By SOMIng 1 PavinB RsmOVai iRepalr –Crave Cut i Poleh CO.I Standard Casa X 27 4 90-1 780 Y Pe t IPavernent Moulatboment 508.00 84A .M.80 .00 Ramovs and Replace 81clemlic (AA I 130 4191.1 100 8Y r e i nova ) a 0 ee s 0.00 ard D*" (All G 137 484-2 106 sY T 6 w . ti Remove and Replaos Corp i Glutter (A8 1 E 91.3 0 LF s i s 2S 00 00 0 F B4ppiemardAl Work Auftrindon 100,000.0 140 8.12.6 L6 A f00 300M SUBTOTAL : 1, 50,146.00 7.3.16 Oene Conditions (Max 3% of Tote Bid) TQ� BED (S>;(bfotBl nIus CrEn rt Conditiopl) s 1,674 , 098.19 : Cured in Piece Pipe (app) UnR Pmts Constructon Page 23 of T - 112- November 3. 2009 BID 1r ORM _ CtPP'ru7r'u §$ ADD / EDEDU&n For each diameter. OlPP, JEA has selected i standard Wmeae and will be the only rnstaft evaluated, AddIdonally, the Contractor ShBO lbmif ue11 add f dct colt In the below tabtte far 1.5 mm incremental changes In thickness. These will not be evaluated, but shell beirnplemented dudlrg the exeauflon afthe Contract . �V/ Cared In 1>WM PIPE (CZPP) Unit PrICe Construe cn Page Z4 ar 77 - 113 - November 3, 2009 Units I Descrl tlon UNIT PRICE MM THICKER Add rbr each 1.6 mm ditrenm from MO mm 8dok for e' CrPP $ 2.00 MM.THICKER Add for emh 1.5 mm d6hrance from e.0 mm Oft for 10' C1AP $ 2.00 MM THICKER Add for each 1.6 mm dlfbrenaa from 6.0 mm Uftolr far 12' CIPP $ 2,50 MM THICKER Add for aech 1.6 mm difference lam 7.6 MM OfIck for 15' CIPP • . • $ 3. DO. . MM THICKER Add far each 1.6 mm dakwm from 7.6 mm Odck for 18' CIPP $ 3.00 MM THICKER Add for each 1.5 mm ditrnnce from BA mm 6dok for 19' CIPP $ 4.30 MM THICKER Add for sash 1.6 mm d6hrance tram 8.0 mm tftlbr 20' CIPP $ 5.00 MM THICKER Add for each 1.0 mm dlferanae tram 8.0 mm l k* 1br 21' CIPP., $ 5.50 MM THICKER Add for Each 1.5 mm ditrwm from 0.0 mm ihkdc for 24' CIPP $ 6.00 MM THICKER Add br each 1.6 am dMerence tram 12.0 MM t tak for 50 CIPP $ 7.00 MM THICKER Add for each 1.5 rush dtNarrrwa Irom 13.5 mm Oft for 66' CIPP $ • 8.00 MM THICKER Add for each 1.5 mm deference from 13.5. MM Ihlck for 4Z' CIPP MM THICKER Add ror each 1 d mm dinarencE from 16.0 mm Oflok The 48! CIPP $ 15.00 MM THICKER Add tar *&.-h 1.5 mm d8hrence from 21.0 mm OYok for 54' CIPP $ 20,00 MM THICKER Add for each 1.6 mm dlRarence from a.0 mm Ihlck for 8' CIPP $ 2.00 MM THICKER Add for aeeh 1.6 mm difference from 11.0 mmdflak for ID CIPP $ 2.00 Cared In 1>WM PIPE (CZPP) Unit PrICe Construe cn Page Z4 ar 77 - 113 - November 3, 2009 page 1 of 2 Lombardi, Tony From: Logan, Carol D. [Logacd @jea.comj Sent: Tuesday, December 30, 2008 8:22 AM To: Lombardi, Tony Subject: Award for Cired in Place Pipe Per your request. CPA FOR APPROVED AWARD WCS- 066 -07 ON 7/12/07 ITEM 2 Formal Bid and Award System Type of Award Request: BID (IFB) Requestor Name: Clendening, William M RequestorPhone: 6654723 Request #: 574 Project Title: Cured In Place Pipe (CIPP) Unit Price Construction Project Number Various Award Estimate: $9,000,000.00 Funds: CAPITAL Description of Request /Product Description: Award # 2 7/12/07 The intent of this contract is to supply trenchless rehabilitation to the gravity sewer system through the CIPP method. This work will be performed throughout the JEA service area. Requisition Number: tbd JEA IFB /RFP /State /City /GSA #: WCS - 066 -07 Purchasing Agent: Marilyn Ossman Is this a ratification? NO If yes, explain: Recommended Awardee(s) Name Address Phone Fax Amount insituform Technologies Inc. 17988 Edison Ave. Chesterfield, MO 63005 636 - 530 -8000 636- 530 -8701 $ 9,000,000.00 Recommended Award Information Amount for entire term of Contract /PO: $9,000,000.00 Award Amount for initial year: $3,000,000.00 Length of Contract /PO Term: 3 years Beginning Date: 8/1/2007 Ending Date: 7/31/2010 Renewal Options: YES If Yes, please explain: 2 - 1year options JSEB Requirement: None Comments on JSEB Requirements: Small volume of restoration work available All Bidders Name Amount Rank Score Disqualified Reason Insituform Technologies Inc. $1,674,898.19 Lanzo Lining Service $2,264,725.00 - l 14 - November 3. 2009 Page 2of Background /Recommendation (Please provide additional information.) BACKGROUND: Advertised 5/18/07, eight vendors attended the pre -bid. Insituform's bid price represents a 6% cost savings from the current contract pricing. JEA IFB# WCS- 066 -07 Request approval to award a three -year contract to Insituform Technologies Inc. for Cured in Place Pipe (CIPP) Unit Price Construction in the not to exceed amount of $9,000,000.00 subject to the availability of lawfully appropriated funds. Approver Manager: Clendening, William M Director: Anaheim, Scott A VP: Kelly, Scott D PJ 7/13/07 Carol Logan Purchasing Agent, Sr JEA, CC6 21 W Church St Jacksonville, FL 32202 Phone (904) 665 -7278 Fax(904)665 -7363 Email: logacd @jea.com ------_------------------------------------------- --------- - - - - -- Florida has a very broad Public Records Law. Virtually all written communications to or from State and Local officials and employees are public records available to the public and media upon request. JEA does not differentiate between personal and business e- mails, E -mail sent on the JEA system will be considered public and will only be withheld from disclosure if deemed confidential pursuant to State Law. Under Florida law, e- mail addresses are public records. if you do not want your e- mail address released in response to a public- records request, do not send electronic mail to this entity. Instead, contact JEA by phone or in writing. - 115 - November 3, 2009 1NSfTUF0 -PdM T ECIdN•o o-G(Es, '11M•C. Assistant Secretary's 'Csrt3ficate The undersigrnr.d, being the Assistant Secretary of insituForrr, Technolugies, tnc- a Delawa corporation (the "Corporation "). hereby certifies that: The following is a true and correct excerpt From the By -iaws of the Corporation. Chirsi`'E'xecudye The ChieFExecutive Officer may frorn time to time appoint;uch officers oroperating divisions, and such contracting and attesting officers, of the Corporation as the Chief Executive Officer may deem proper, who shall have such authority, subject to the .ontrol orthe Board, ay the Chief Executive Officer may from time to tune prescribe. The Chief Executive Officer and Prescdent of the Corporationi has, pursuant to the abo ,/e authority, duly appointed (a) H Douglas Thomas to the position of Vice President Rehabilitation - Project Support and (b) Joann smith and Denise C. Cacroll as Contraccing and Attesting Officers of the Corporation. Each of the Foregoing have been fully authorized and empowered by the Chief EXCCLltive Officer of the Corporation. - lit to certit=j and ro attest the 3igaacu.m of any officer of the Corporation, (o) cc enter: i-ito attd to tint! the Corporation re perform pipeline mhabihraton acti :)F the Corporati-�n aril a;i maters r -laten cher;to, including the maintenance of cnn or nor° otfic ms and Facilities .of the Corporation, iiri) to ezec and to del;vPr doicumrnts on behalf of the Corporation• and I co tae' such other aca+_•n :1s is o. m�ty, be nrcrssary ,in•, appropriate to carry out the projects. activities Lind work or the Corporation ' 1'`I WITNESS WHEEEOP, l have hPrnunro al•fiirccd my name as 4a;.r tent Secre ry this ; 1 "' tay- F- brLary..Urlb. lnsi`i-: rirm TCchnolog ":i., I`C. Suta Tungsinpae ALisistant Secretary r - 116 - November 3. 2009 JEA BID FORM Pegs i of 8 PROCUREMENT DEPARTMENT 21 WSTCHURON STREET in No. ENTER HEREON YOUR BID FOR THE FOLLomw DESCRIBED ARTICLES OR SERVICES to JEA Pmartameat Dept., 2(W. Chutah St, 81d SWIon, i n s Itu f or m Technologies, Inc. TOTAL Tower Ubby, Sub 108, Joliksonvillo, FL 322D2 -3139, 1 7986 Edison Avenue Chester; to I d , M 0 63005 n!a The bid MK be opened et 2:00 pm. 915/4007, In the BIh 4aor Cadbrensa Room, E S ,674,898.1 ,gyp, Customer Center, 21 W. Ctsoah St, Jedkeoavl8s, FL 32242 FAXNa C636)530-0701 Please m "ether when eubrdtlhtg prices t:MAii Addraes: N/A on bid corm @JD SECURRY RE IRE B ( } Nora required (} One Tkne Purohaee TERM OF CONTRACT (%j Ceri9ed Ctraok w Bond pC I Annual Requlremearts, three years wtth Mo one-year rsnswel options I I oSrer, SpecrV SAMELE AEQUIREMENTB 6 [ I Now required [ I Mors mood 11 Samples required prior to Bld Opening a 1 Bond mq" S 2AO0A0o.0o % of Bid ANW PQ OwW mw be ughid Sub" to SId o QUANTITIES INIBLRMCE (J Quenn" Indloft ars andn } None required pQ Quae88es lndlalsd MW Jhs epnArado quentlDes to be purohssad thmrghout the InKof yew i X I Inouraroe required Contract period end area to %ftieft In s000rdenoe vft embrel niquirawk fLuh'Nr WL,,.,inn ,n�ivl�V C A A • J:..4yn..u111. to in No. ENTER HEREON YOUR BID FOR THE FOLLomw DESCRIBED ARTICLES OR SERVICES QUANTITY UNIT PRICE TOTAL r, in Plgoe Floe tC1PP1 Unit Price Cormhotlon TOTAL (from Bld Form Page 5) n!a rue E S ,674,898.1 o , Slddar4 Cer88oedpa ay signing mra ac ram, me alaaer agrees to wow, oompiy, ana os oouno oy all 1 erne a concmorra oonrameo in mu rrrr l � We have received addends ! � _ 4 -1 ,h A R.,. 2ne 7 riuougtt Handwritten 8lpnahrre ofAultrorlced OlAcer of Firm or Agent ; • , . Defe N. Ooublas Thomas Printed Name of AuftTized OMm of Ftrm or Agent 4P giQp�lelPreieota t S3D ^B OGO Vile Phone No. .red in Place Pipe (CIPP) Unit Price Construdlon Page 19 of 77 -117- November 3, 2009 TASK SUMMARY / PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007 PA #: $ `lfeiti. �`If94' iG 1=$C ` UA Ito . " fa acrtptilon - Ut#li Thies T 1".;: Nc,_ Pried 1 6,9.6 0 LS Testing Allowance $ 25.000.D0 $ 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 thic 2A 0 THICKER for 8" CIPP C ($1.50 per 1,5 mm change) $ 2.00 $ Furnish and install 10" CIPP lining 6.0 mm 3 961.1 LF thick $ 31.20 $ MM Add for each 1. 5 mm erence 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 f or each 1.5 mm difFarence from 6.0 mm thick 4A 0 THICKER for 12" CIPP $2.20par 1.5 mm thane $ 2,50 $ Furnish and Instaft 15" CIP lining, 7.5 mm 5 961.1 LF thick $ 42.50 $ MM Add for each 1.5 mm difference from 7.5 mm thick SA 0 THICKER for 15" CIPP CD $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 .5 mm difference from 7.5 mm thick 6A D THICKER for 1a" CIPP C ($2.40 par 1.5 mm than e) $ 3.D0 $ Furnish and Install 18" CIPP lining, 9.0 mm 7 961.1 0 LF thick $ 46.90 S MM Add for each mm difference from 9.0 mm thick 7A 0 THICKER for 18" CfPP $4.50 er 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 - m - m -- dWerence from 9.0 mm this BA 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 $ 61.60 $ MM Add or aac 1.5 mm difference from 9.0 mm thick 9A 0 THICKER for 21" CIPP @ $5.00 er 1.5 mm change) $ 5.50 $ Furnish and Install 24 CIP lining, 9.0 mm 10 961.2 LF thick $ 61.50 $ MM Add for each 1.5 m from 9.0 mm thick 10A 1 raICKER for 24" CIPP ;6.DD per 1.5 mm change $ 6.00 $ Furnish and Install 30" CIPP lining, 12.0 11 961.2 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 C ($6.00 per 1.5 mm change ) $ 7.00 $ Furnish and Install 36" CIPP lining, 13.5 12 961.2 LF mm thick $ 117.90 ; MM Add for each ,5 mm difference from U.5 mm thick 12A 0 THICKER for 36" CIPP $5.50 per 1.5 mm change) 1 $ 8.00 S Furnish and install 42" CIPP lining, 13.5 13 1 961.2 0 1 LF mm th ick $ 126.10 $ MM Add for each 1.5 mm difference from 13.5 mm thick 13A 0 THICKER for 42" CIPP Q ($6.40 per 1.5 mm change) S a.00 S 1 Furnish and install 48" CIPP lining, 15.0 14 961.2 0 LF mm thick 5 173.40 $ MM Add for each 1.5 mm difference from 15.0 mm thick 14A 0 THICKER for 48" CIPP ($16.80 per 1.5 mm change $ 15.00 $ 1 Furnish and install 54" CIPP lining, 21.0 i5 961.2 0 LF mm thick 1 S 238.60 1 5 - 118 - November 3. 2009 TASK SUMMARY / PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007 PA #: $ {tern .:: No. Spea 1Qo, I3C No: Eft �lrslt6 DeaorlpYion Ufik'rfcea Td €a1 Prive 15A MM THICKER Add for each 1.5 mm difference rom 21.0 mm this for 54" CIPP $18,80 per 1.5 mm change) S 20.00 $ 16 931 0 LF Pipe Bursting 3" - 4" Service Lateral to 4.5" OD SDR 19, HDPE (0'- 4' Deep) 3" - 8" Sewer Service lateral to 4.5 ", 6.625 ", 9.05" OD SDR 19, HDPE or 6" or 8" PVC SDR35 Conforming to ASTM 03034 -74 All Depths) $ 36.00 $ 22 966 0 EA Adjust/Reset Manhole Frame and 32" Dfa Cover, Up One Foot $ 690.00 $ 23 962 0 VF AdjustfReset Manhole Frame and 32" Dla Cover, Item 23 , Excess Over Foot • $ 186.00 $ 32 1 963.1 0 EA Lateral Connection (DFW Flexible Saddle to PVC ) (a? 8" -12" HDPE, (0'- 4' Dee $ 860.00 S 33 963.1 0 EA Lateral Connection (DFW Flexible Saddle to PVC ) @ 8" -12" HDPE (4'- 8' Dee $ 1,065.00 $ 34 963,1 0 EA Lateral Connection (DFW Flexible Saddle to PVC ) Q 8" -12" HDPE, (8'- 12' Dee $ 1 ,330.00 S 35 963.1 0 EA Lateral Connection (DFW Flexible Saddle to PVC 8 " -12" HOPE 12' - 16' Dee $ 1,600.00 $ 36 963.2 0 EA Lateral Connection (DFW Flexible Saddle to HDPE ) ft 8"- 12" HDPE, (0'- 4' Dee $ s55.0o S 37 963.2 0 EA Lateral Connection (DFW Flexible Saddle to HDPE ) It 8" -12" HOPE, (4', 8' Dee $ 1,065.00 S ' 38 963.2 0 EA Lateral Connection (DFW Flexible Saddle to HDPE 8 " -.12" HDPE, 8'- 12' Dee $ 1,330.00 $ 39 963.2 1 0 EA Lateral Connection (DFW Flexible Saddle to HDPE 8'- 12" HDPE (12'- 16' Dee $ 1,800.00 $ 44 963.4 0 EA Reconnect existing services using robotic internal cutter $ 175.00 $ 45 1 963.5 EA Hammer ap Remova $ 210.00 $ 46 964 0 EA Lateral Connection Deemed Inactive (0'- 4' Deem $ 760.00 S 47 964 ] =0 EA Lateral Connection Deemed Inactive (4'- 8' Dee $ 1,065.00 $ 48 964 0 EA Lateral Connection Deemed inactive (8' - 12' Dee S 1,220.00 S ::1 49 964 0 EA Lateral Connection Deemed Inactive (12' -16' Dee $ 1,540.00 $ 50 965 0 LF CCTV and Light Clean 8"- 21" Dia pipe $ 3.50 $ 51 965 LF I CCTV and Light Clean 24" - 54" D pipe $ 8.50 S 52 955.1 LF ITuberculation Removal 8" - 12" Diameter $ 20.00 $ 53 965.1 _ F 0 LF Tuberculation Removal 14"- 1 B" Diameter $ 25.00 $ 54 965.1 J ITuberculatlon Removal 20"- 24" Diameter $ 31.00 $ 55 965.1 1 1 1 LF ITuberculation Removal 27" - 42" Diameter $ 35.00 $ 56 968 1 1 1 LF JBypass Pumping - W- 21" pipe $ 18.50 $ 59 966 1 LF JBypess Pumping - 24"- 36" pipe $ 56.00 $ 62 966 0 1 LF lBypass Pumping - 42" - 54" pipe $ 95.00 $ 68 1 408 -4 0 1 CY A -3 Soil Backfill $ 18.20 $ 69 408 -8 0 1. CY I Flowabie Fill S 121.10 $ 70 1 427.1 1 1 0 EA T e "A" Manhole (0'- 4' Dee $ 2,625.00 $ 71 427.1 0 EA ITne "A" Manhole (4'- 6' Dee S 3,190.00 1 $ 72 427.1 0 EA I Type "A" Manhofe (6'- 8' Dee $ 3 ,930.00 1 S _119- November 3, 2009 TASK SUMMARY / PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 200 7 I PA #: $ '•��rE: �t�_tfd� ciesrrl tta'n ;- . .. - irsirPihe�3' 'fo� ., -:., 73 427,1 0 EA Type "A" Manhole (8'- 10' Dee $ 4, 860.00 $ 74 427.1 0 EA Type "B" Manhole (0'- 4' Dee S 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' Dee $ 6,525.00 s 77 427,1 0 EA Type "B" Manhole 8' -10' Dee $ 6,160.00 $ 94 427.4 D EA Connection to Existing Manhole 6" Service Lateral 3 160.00 $ 95 428.1 0 LF Sewer Piping 6" -12 ", PVC 0' - 4' Dee $ 81.00 $ 96 428,1 0 LF Sewer Piping 6" - 12" PVC 4'- 8' Dee $ 106.00 $ 97 428.1 1 LF Sewer Piping 6" - 12 ", PVC 8' - 12' Deep $ 133.00 $ 98 428.1 D 1 LF Sewer Piping 6" - 12" PVC (12'- 16' Des $ 166.00 $ 99 1 428.1 0 1 LF Sewer Piping 14" -18 ", PVC 0' - 4' Dee $ 101.00 $ 100 1 428.1 D LF Sewer Pi in 14"- 18" PVC 4' - B' Dee $ 133.00 $ 101 428.1 0 LF Sewer Piping 14" - 18 ", PVC (8'- 12' Des $ 192.00 $ 102 428.1 0 LF Sewer Piping 14" - 18 ", PVC (12'- 16' Dee $ 230.00 103 428.2 0 EA Remove & Replace 6" - 12" PVC (0'- 4' Dee $ 1,510.00 $ 104 428.2 0 EA Remove & Replace 6"- 12" PVC (,4' - 8' Dee $ 1,910.00 $ 1 D5 428.2 EA Remove & Replace 6' - 12" PV (8' - 12' Deep) $ 2,440.00 $ X106 428.2 0 EA Remove & Replace 6" - 12" PVC (12'- 16' Dee $ 2 ,875.00 $ 107 428.2 0 EA Remove & Replace 14" - 18" PVC (0'- 4' Dee $ 1 ,510.00 $ 108 428.2 0 EA Remove & Replace 14" - 18" PVC (4'- 8' Dee $ 1,810.00 $ 109 428.2 0 EA Remove & Replace 14" - 18" PVC (8'- 12' Dee $ 2,440.00 $ 110 428.2 0 EA Remove & Replace 14" - 18" PVC (12'- 16' Deep) $ 3,060.00 1 $ 111 428.4 D LF lConforming Remove and Replace Lateral 6" PVC SDR35 to ASTM D3034 -74 0' - 4' Dee $ 38.00 $ 112 428.4 1 0 LF Remove and Replace Lateral 6" PVC SDR35 Conforming to ASTM D3034 -74 (4'- 8' Dee $ 45.00 $ 113 428.4 0 LF Remove and Replace Lateral 6" PVC SDR35 Conforming to ASTM D3034 -74 (8'- 12' Dee $ 66 00 $ 114 428.4 0 LF Remove and Replace Lateral 6" PVC SDR35 Conforming to ASTM D3034 -74 (12'- 16' Dee $ 83.00 $ 115 428.6 0 1 LF IYard Piping - 4" $ 35.00 S 116 428.6 0 LF Yard Pip - 6" $ 38.00 $ 117 441 -1 1 0 SY 1Soddin2 $ 8.00 $ 127 490 -1 1 0 Sy Paving Removal $Repair -Cross Cut & Patch CCJ Standard Case X Permanent Pavement Re lacement $ 65.00 $ 136 491 -1 1 S iThickness) Remove and Replace Sidewalk (All Types & I S 82.50 $ -120- November 3. 2009 TASK SUMMARY / PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007 PA #: $ 1 °•.' U�rlls.' :. l4q�fi fT Remove and Replace Driveway (All Types & 137 491 -2 0 SY Thickness ) $ 85.50 $ Remove and Replace Curb & Gutter (Ali 138 491 -3 0 LF I Types &Thickness ) $ 2.2•00 $ 140 6.12.5 LS Supplemental Work Authorization (SWA) $100,000.00 $ 7.3.16 Percent General Conditions JESTIMATED :... .. .. . .. .. .. .v. V ' ..:v ..n :. :�4GIS.)3.. ^ .... :11. ... '.•. P> wa.^.._ '. .:'... nF.9 .1'.,m 'E '.A -.:: '. - 121 - November 3, 2009 # Contract ZCO P for Cured In Place Pipe (CTPP) Unit Price Construction Between .TEA and Iusitnform Technologies, Inc. JEA CONTRACT NUMBER: 82768 -122- November 3. 2009 1.1. AGREEMENT [JEA -5331 I.I. AGREEMENT (JEA -5301 " +'" This Contract is made as of August 1, 2007 (the "B feetive Date") between MA, a body politic and corporate existing under the Laws of the State of Florida ("'JEA ") and Inaituform Technologies, Inc-, a corporation existing under the laws of Delaware ( "Company" or "Contractor") 1.2. RECITALS [JEA -534] 1.2.1. RECITALS [JEA -531] JEA desires the following Work be performed and Contractor desires to provide the Work. For purposes of this Contract, "Work" means the supply of labor, necessary equipment, sad installation for trenehlese rehabilitation to the gravity sewer system through the Cured in Place Pipe (CIPP) Unit Price Construction method as fttrther specified in Exhibit A, which is incorporated herein by reference. This Work will be performed throughout the YEA service area. Therefore, 1.3. CONSIDERATION [JEA -5351 1.3.1. CONSIDERATION [ MA-332] * ** For the vahm 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 Doemnants, award therefore, now on file in the Office of the Chief Purchasing Officer of MA, all of which am hereby specifically made a part listed by reference to the same extent as if fully set out herein the total suit of Nine.hIlllion and 00 /100 Dollars (59, 000, 000.00) 0%1axim= Indebtedness") at and for the pricas and on the terms contained In the Contract Documents and as specified in Exhibit B, which is incorporated herein by reference. I.A. S&CTION TITLE: DEFINITIONS [JEA -511] 1.4.1. Definitions [JEA -04571 Words and terms defined 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 term is marked by initial capitalization. The "Technics[ Specifications" part may define additional words and terms where necessary to clarify the Work Unless otherwise stated in the Contract Documents, definitions set forth in the "Technical Specifications" shall apply only within the "Technical Specifications." 1.4.2. Deflnition: Acceptance [.TEA -0221] 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 Documents. ApprovaI or recognition of the Company meeting a Milestone or interim step does not constitute Aocoptanca of that portion of Work. Acceptance is only applicable to the antirety of Work es specified in the Contract. 2 - 12 - November 3, 2009 Acceptance does not in anyway limit JEA's rights under the Contract or applicable laws, rules and regulations. 1'.4.3. Definition: Addendum /Addends [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. Deftnition: Administrative Work [JEA -C2231 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 prudeat 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-C22$1 The issuance of a Purchase Order by the JEA Procurement Department to the successful Bidder notifying the Bidder Oust it has been authorized by JJ3A to perform the Work in accordance with the Solicitation, the PO and fae Contract Documents, 1.4.6. Definition: Bid Document [.TEA -C2261 NOT USED 1.4.7. Definition: Bid or Proposal [JEA -02281 NOT USED 1.4.8. Definition: Bid Price [JEA -0229] NOT USED 1.4.9. Definition: Bid Section [JRA -0227] NOT USED 1.4.10. Definition: Bidder or Proposer [JEA -02301 NOT USED 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 MA, 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 -C2321 The legal person, fuzn, 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. -124- November 3. 1-009 I 1,4.13. Definition: Company Representative [JEA -CZ331 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 -CZ341 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 timimdone of any such authorization. In the event that the Company Supervisor and the Company Representative are the same person, the Company shall notify the Contract Administrator of such situation, 1.4.15. Definition: Contract [JEA -CZ351 The agreement between the Company and TEA as evidenced by this Contract and 13xh1b1t A, Exhibit B and Exhibit C. . 1.4.16. Definition: Contract Administrator [JEA -C2361 The individual assigned by MA to have authorlty'over the Contract, including the authority to negotiate all elements of the Contract with the Company, authorize Change Orders within She maximum amount awarded, terminate the Contract, seek remedies for nonperformance including t+arminatioa, and otherwise act on behalf of JEA in all matters regarding the Contract. The Contract AdmI*trator may authorize JEA Reprosentative in writing to make minor changes to Pield Work with the intent of preventing Work disruption 1.4.17. Definition: Contract Documents [JEA -02371 Contract documents means the Contract and any written Change Orders, amendments or Purchase Orders executedby JEA. 1.4.18. Definition: Contract Price [JEA -C2381 The total amount payable to the Company ander the Contract; asset forth in Exhibit H. 1.4.19. Definition: Contract Time [JEA -02391 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 data to planned date of Acceptance. 1.4.20. Definition: Customer Service Plan [3EA- C2411 The Companys plan to achieve customer saWacdoa requiremauts as determined by JEA and M Project Outreach, which shall include, as a minimum, the name and office phone number, call phon;,number, :mail address, Nextei 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 a 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 -C2421 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, -125- November 3, 2009 1.4.22. Definition: Equal item [JEA -C243] Item it 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. Definttion: Ex Parts Communication [JEA -C244] NOT USED 1,4.24. Definition: Final Completiot` [JEA -C2461 The 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 -CZ47J The following days: New Yee& Day, Martin Luther King's Birthday, Presidents` Day, Memorial.Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day 1.4.26. Definition: Informalittes [JEA -C2481 NOT USED. 1,4.27. Definition: Invoice [JBA -CZ49] A document seeking payment to Company from YEA 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 services) randwed, a valid JEA PO number, the amount payable, the payee name and address, any associated JSEB forms and any other supporting documentation required by the Contract Documents, 1.4,28. Definition: JEA [JEA -02507 JEA on its own behalf, 1.4.29. Definition: JEA Engineer [JEA- 025.1] The individual assigned by TEA (either an employee or a third peaty) to provide licensing, engineering, design review, and/or construction management including, but not limited to, overseeing and resolving enginaming/design issues, conveying JEA's instructions to the Company and enforcing the fatthfitl performance of the Work. The JEA Engineer's authority includes intarpreting the technical portion of the Contract Documents, deciding an matters relating to the execution and progress of the Work and evaluating the Company's performance. The YEA Engineer may stop the Work when deemed necessary by JBA. The TEA Engineer will receive and adjudicate any claim of ambiguity or error in the technical portion of the Contract Documents and shall reduce any dateamination to writing, and the decision shall be;na1 and binding. The JEA Engineer is not a party to the Contract. The JEA Bnginaer 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. 1.4.30. Definition: JEA Inspector [JEA -CZ52] 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 JBA Inspector has no authority to approve changes to.the Work or Contract, or to cornrnit JEA to any expenditure of money except as expressly designated in writing by the Contract Administrator. 1.4.31, Definition: JEA Representatives 119A -C253j The Contract Administrator, Contract Inspector, Contract Administrator's Representative, JEA Engineer, Field Bngineer, Project Manager, and other persons designated by the Contract Administrator as PEA -126- Noti'ember 3.. 2009 - Representatives acting in a capacity related to the Work or Contract under the authority of the Contract Administrator. 1.4,32. Definition:.Overtime [JEA -0256) Work approved in writing by the Contract Administrator that is required to be performed beyond an omployee's scheduled workday or work week, including Work performed on Holidays. 1.4.33. Definition: Payment and Performance Bond (JEA -0257] The common -law Perfoanance Bond and the statutory Payment Bond oontemplated by Section 255.05, Florida Statutes in the form requited by JEA, 1.4.34. Definition: Performance -Acceptable Performance/Performer [JEA -C2581 The Company averages more than 2.80 and lose than 4.0 across all performance scorecard evaluation metrics, and does not receive a aco of less than 2 on any metric. 1.4.33. Definition: Performance - Top Parformance/Performer [JEA -02591 The Company averages 4.0 or more across all scorecard evaluation metrics and does not receive a scare of less than 4.0 on any ono 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 Vemdora receive special promotional recopition from JEA. 1.4.36. Definition: Performance - Unacceptable Performauce/Performer [JEA -C2601 The Company averages less than 2.80 across all scorecard evaluation metrica, or scores a 1.0 on any ones metric regardless of average, or recaives a score of 2.0 on the same metric on two sequential performance evaluations: 1.4.37. Definition: Price Bid [JEA -C262] A written number ropresenting the total cost to the Owner if accepted. 1.4.38. Definition: Purchase Order (PO) PEA-C2631 A Work authorization document issued by the JEA Procurement Department with the words "Purchase Ordar" clearly marked across the top, a PO number used for reference shown on the front, a description of tha Work or a listing of the applicable Contract Documents, an authorized ,TEA signature and stating the amount of lawfuMy authcrized funds. Purchase Orders are afire only documents that authorize changes to the total amount authorized on the Contract. 1.4.39. Definition: Qualification Statement [JEA-C2641 r � A written statement describing the Company's and/or product's ability to meet the requirements of th6 Solicitation, A Qualification Statement is submitted either ahead of or along with a Price Bib 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 flakes to ensure it successfully completes the Work in full accordance with the Contract Documents. 1.4.42, Definition: Shop Drawings [YEA -C269) Drawings, electronic and hard copy, that detail the fabrication, erection, layout and setting drawings; manufacturer's standard drawings; scbadules; descriptive literature, catalogs and brochures; performance and test data; wiring and control diagrams; till 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 -127- November 3 , 2009 I TEA Engineer that the proposed materials, equipment or systems and the position thereof are in compliance with the requirements of the Contract Documents. 1.4.43. Definition: Solicitation [JEA -0270] The document (which may be electronic) issued by the TLA Procurement Department to solicit Bids or Proposals from Bidders that includes, but is not limited to, the Bid Document, Contract Documents and 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 -CZ72] The time when JBA determines that the Work (or a specified part thereof) is sufficiently complete to be utilized for the purposes for which it is intended or ready for MA or other oontraetom 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 JBA's Acceptance of the Work. 1.4.46. Definition: Summary'Schedule [JEA -0273] A diagram displaying the Milastones for the Work graphically positioned on a timeline, showing at a minimum the calendar dates on which each Milestone is scheduled to be completed Acceptance. 1.4.47. Definition: Term [J]Lk-C3741 , The petiod 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. Defluitiion: Unit Prices [JEA -C275] The Bidder's charges, rounded to the nearest cent, to MA for the performance of each respective unit of Work as defined on the Bid Documents for all items required for sucoessfuIIy performing the Work through Acceptance. 1.4.49. Definition: Work [JEA -CZ761 Actions, products, documentation, electronic programs, reports, testing, transport, administration, management, services, materials, tools, equipment, and responsibilities to be furnished or pefsformed by the Company under time 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 [JLA -0277] The place or places where the Work is performed, excluding the properties of the Company and /or the Subcontractor(s), -128- November 3. 2009 I,5 SECTION TITLE: ACCEPTANCE [JEA -5121 1.5.1. Acceptance of Work - After Receipt, Inspection, Usage and Testing [JEA -C2791 * *' Tha Contract Administrator will make the dotermfnation when Work is completed and Accepted by MA. Acceptance will b e made by JEA only in writing, and after adequate time to ensure Work is performed in accordance with Contract Documents, J13A 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 JBA has had ressmabie time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the items has become apparent. Mh may partially accept &a Work items. If MA elects to wdWt noaomform4ig 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 JBA, even if non - conditional, shall not be deemed a waiver, or settlement or acceptance of any Defect Specifically, the following items shall be required prior to Acceptanoe: • Post construction video and delivery of As- Builts 1.6. SECTION TITLE: PRICE & PAYMENTS [JEA -5131 1.6.1. Certificate of Contract Completion and,Flnal Payment JJSA -02811 The Company,shall complete and submit to JEA the Certificate of Contract Completion as notice diet the Work, including the comactim of all deficiencies, is complete. By submittfag the certificate, the Company certifies the following; that this Work has been satisfactorily completed; that no liens have attached against the property and improvements of JEA; that no notice of intention t6 claim liens are outstanding; that no suits are pending by roes on of the Work; that all workers` compensation claims known to the Company have boors - repotted to SEA; that the surety provides a release; and that no public liability claims are pending. The Company shall submit its final Invoice with the completed Certificate of Contract Completion, JEA shall make final payment on the Contract in accordance with the provisions of the Contract 1.61. Invoicing and Payment Terms and Retainage JJEA -C2821 r The Company shall submit all Invoices or Applications for Payment using JBA's prescribed corms and format and in accordance with the payment -method agreed upon in these Contract Documents. YEA will pay the Company the amount requested within 30 calendar days after receipt of as Invoice from the Company subject to the provisions stated below. YEA may reject any Invoice or Application for Payment within 20 calendar days after receipt MA 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 vay 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, JEA may deduct I0 °/u retainage, or sucb other amount allowable pursuant to Florida law, from the amount stipulated in the Invoice or Application -129- November 3, 2009 for Payment and accepted by JEA as eligible for payment. In the case of early termination of the Contract, all paymeats made by JEA against the Contract 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 duo the Company, the Company shalt 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 -CZ91] If the Company utilizes JSEB certified firms, regardless of whether these Contract Documents require or encourage the use of such firma, the Company shall Invoice for and report the use of JSEB certified faros according to the format and guidelines set forth in the Contract Documents. 1.6.4. Payment and Performance Bond [JEA -0284] Within 10 days of signing the Contract, the Company shall furnish a Payment bond and Performance bond in the amount specified in Exhibit B, Two Million and No/100 Dollars ($2,o0o,000.Q0), made out to JEA in forms and formats approved and provided by YEA. as security for the faithf al 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 executed Contract. The surety must be authorized and Iicensed to transect business in Florida. A fully executed Payment bond and . Performance bond must be moorded with the Ciorlc of Duval County Court and delivered to MA before Work commences. If the Company We or railusas 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 -C4K Company shall invoice 7EA upon delivery and acceptance 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 IJEA -CZ90] Unless the Company and MA 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 JEA shalt mutually agree on a replacement index. If the Company and MA fail to agree on a replacement index, the Contract shall terminate 90 days following the end of the then current fiscal year, 1.6.7. Prompt Paymentto Subcontractors and Suppliers [JEA -C419j 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 duo (less proper rotainage) 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 terms 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 has 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 such notice to SEA end to the said Subcontractor or supplier within 10 days following the Company's receipt of payment from SEA. The Company shall pay all undisputed amounts due within the time frames specified herein. . -1- 1 10- November 3. 2009 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 TEA liability for the Company's failure to make timely payments as required. The Company's failure to comply with the prompt payment 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 C.2% daily late payment interest charge or charges as specifiod within the Florida Statutes, whichever is greater. 1.6.8. Taxes [SEA-Q92) JEA is authorized to self - accrue the Florida Sales and Use Tax (Direct Payment Certificate Number 013 8) and is exempt from Manufacturer's Federal Excise Tax when purchasing tangible pera onat property for its direct consumption. When the Company is performing repairs, alterations, improvements or construction to ]BA'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 aPPlioeble taxes. In the event the Work is exempt from Florida Sales and Use Tax due to.porfbxm ace for mulffial generation facilities, JBA will provide the Company affidavit of such and the Company shall not include the price in its Bid. The Company shall 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 MA. real property. Certain multifuel generation meta are exempt from Florida Sales and Use Taxes in accordance with Florida Statutes. In such oases, JEA will provide an affidavit of such for use in making nontaxable purchases. 1.7. SECTION TITLE: PERFORX&NCR [TEA -3141 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 [TEA -0193] The Company shall record and keep currant during the progress of the Work, as -built information, Upon completion of the Work and prior to fmal payment, the Company shall furnish to the JEA Engineer an eteetronle 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 JBA' Contract Performance Manual. The Company's submitted as•builts shall incorporate all Addenda, Change Orders and all requirements with respect to the drawings specified within these Contract Documents and within the TEA Connect Performance 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 TEA Customers IJEA -02951 The Company agrees to provide excellent service to custom, era of JEA services throughout the execution of the Work during both scheduled Work hours and Overtime in accordance with the provisions set forth in the Mk Contract Performance Manual. 10 - 131 - November 3, 2009 Ythe 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 Performance Review Board, pursue additional remedial actions, terminate the Contract, and suspend Company from JEA's Responsible Bidder's List in all categories for a period not to exceed one year, 1.7.4. Commercial Activities on the Work Location [nA -C2961 The Company &hall 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 MA., 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 laydowm area, the Company shall enter into a written agreement with the entity who owns the property. JEA shall have access to all laydowa areas. Upon submission of Company's first Invoice or application for payment to TEA, the Company shall provide to JBA a copy of such signed written agreement, The Company shall submit to JEA a letter of release from tine entity in connection with Company's final Invoice or application for payment to TEA. 1.7.6. Company Representatives [JEA -02981 The Company shall provide JEA with the name end responsibilities of the Company Representative, in writing after Award 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 MA in writing of the change. 1.7.7. Company's Documents at the Work Location [JEA-C29-91 The Company shall maintain at the Work Location for MA one record copy of all Contract Documents in good order and marked currently to record all Addenda and changes made during Contract Term. These shall be available to MA Representatives and shall be delivered to the Contract Administrator upon completion of the Work and at the request of tha Contract A dmindrttrra tor, 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 sued records for three years after date of Final Completion, 1.7.8. Company's Field Office [JEA -C3001 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. Compilance With Referenced Specifications [SEA -C3021 All Work, materials, systems or operations specified by reference to standard trade specifications or to iI - 1-1 - November 3. 2009 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 latest published edition that is in effect on the effective date of this Contract unless a particular edition h specified, In case of a conflict, th specifications that contain the more stringent requirements will govern. Disposition of Salvable Material [JEA -CM] All material to be removed from the Work Location, relocated or salvaged, shall be inspected by the SBA Bngineer imm ediately prior to removal, and the JEA Engineer's decision as to the salvageability shall be final. Such material that is aalvable, In the opinion of the JEA Engineer, shall be stored at the Work Location on -site by the C ompany, as and where directed by the MA Bngineer, 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 Bnginear. 1.7,11, Emergency Events [JEA -C306] 'In the event that a system -wide emergency arises during the Term of this Contract for which JEA requires assistance from the Company including, but not limited to, severe storms, large -soeIe faros, floods, and terrorist attacl®, the Company acknowiedges the importance ofJHA iaErastruoture and agrees to support, with an its resources, skills and capabilities, and the maximum extent possible, all restoration efforts of IRA. The Contract Administrator shall notify the Company when an emergenoy event occurs and the Company agrees to mobilize its full resources immediataly. In tic event conditions are such that an emergency event is likely im progress, but the Company has not been notified by the Contract ' Administrator, the Company shall matte ail efforts to contact a JEA Representative to determine if and how It should respond. JEA agrees to reimburse the Company fdr its actual costs incurred, plus overhead and profit; the total not exceeding 12 0 %, end any one -time expended cost incuriod as a result of supporting JEA during the emerggency event. 1.7.12, Emergency Procedures [JEA. -0307] In emergencies a$ectingthe safety of persona, the Work or property at the Work Location or any other area adjacent thereto, the Company, without special instructions or authorization from JBA Representatives, is obligated to act to its but ability, to prevent threatened damage, injury or loss to the Works any persons, or Property. The Company shall give the Contract Administrator prompt written notice describing the emergency, 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- C3091 The Company shall be solely responsible for any on public property or on th9rights or property of adjoining property owners to the Work Location, and shall. hold TEA harmless because of any encroachmeats that may result because of the Company's improper layout. In this regard, the Company shall, without extra cost to IBA, remove any Work or portion of any Work that encroaches on the prop arty other than that of the Work Location, or that is built beyond legs[ 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 jJ$A -010] The Company understands and agrees that JEA shall have the right to inspect the Work at anytiule and for any reason at the Work Location in accordance with the provisions set forth in the YEA 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, will not relieve the Company of its obligations under the Contract, nor will such JEA actions or inactions be construed as Acceptance of the 12 - 133 - November 3, 2009 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 famish 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 performed 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 the Contract, Acceptance by JEA shall be, made as promptly as practicable after inspection of all Work required by the Contract Documents. 1.7.19. Interference With Existing Utllttiea (JEA -5661 The Company acknowledges and agroas that there is a possibility that existing MA or other utility facilities may cross and/or He 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 famished by JEA and for fully investigating and locating additional obstructions inchuilag every type below, on or above the ground. The Company Should regard these impedimenta as normal to ooustxuction. All coats for performing such work shall not bc'paid for separately, but shall be included in the Company's costs on the Bid Docamerit The Company shall comply with all requirements of the Sunshine State One -Call program. In the event the Company encountars an unidentified utility during performance of the Work, the Company shall promptly cease. Work in the affected area and shall immediately notify the JEA Representative in writing. JRA will investigate the area and propose remedial actions in accordance with the provisions stated herein in "Changes to the Work" YEA -164. The Company shall work in cooperation with JBA and representatives of existing utilities to plan and coordinate putting now 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. The Company shall at all times conduct the Work in a manner that interferes as little as poss6le with the existing utfiities, 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 shalt not obstruct - existing gutters, ditebas and other runoff facilities, When working in the vicinity of overhead lines, the Company shall request line rubber protection from JEA at least 10 days in advance of performing 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 net 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 - 134 - November 3, 2009 for coordinating any repair effort, and any associated costs should the utility owner or a licensed repair contractor be required to make the repair, MA 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(R) performing work at the Work Location, IPA may wbttrate the matter, in such oases where JEA makes a decision regarding the scheduling or coordination of the work, the Company agrees to fully abide by JEA's deoisiom Unless otherwise agreed in writing by JEA, MA will not be responsible for additional costs. Any claims arising against the Company t3•om damages to other compwdas' work, equipment, machinery, tools or other property shall be settled directly between the Company and the other oompanies iuvglved. JEA will not, in any way, be a party to arbitrating or mediating any such disputes, nor shall JEA be reapaneible for any costs associated with such disputes. 1.7.27. Interference with Railroads [JEA -5621 The Company shall not build across, into, over or under, either temporarily or p dy, 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 raikoadpermits required for the Work beyond those procured by JEA and the costs for such permits shall be included in the Did Documents, All costs associated with railroad fees for railroad flagmen, watchouts, inspectors, supervisors, any additional training of Company's employees that is required by applicable laws, rules andregulations when performing Wotk in association with railways, any certifications 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 -C312] The Company shall not operate any valves, nor otherwise interrupt water and/or sewer service, without first obtaining permission from the JEA Bngineer. •The JEA Representative shall be present during any interruption of service. f r 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 JEA 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, major emergency that endangers life or property, the Company may take immediate action before notifying JEA. In all cases, however, JEA shall be notified in writing at the earliest Opportunity, 14 - 135 - November 3, 2009 - ) after addressing the emergency. 1.7,19, JEA Project Security Program [JEA -598) The MA Project Security Program establishes it coordinated security program and assigns specific security responsibilities for which the Company and/or its Subcontractors shall be responsible at while performing construction services at existing JEA facilities and upon tho substantial completion of new facilities. The programs o*odves 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 YEA 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 and/or 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 which exists. Further, the Company shall be responsible for complying with jilt applicable provisions of Chapter 12 "security program" of the JEA Contractor Safety Management Process Safety Requirements, a copy of which may be obtained from: William Bland, Manager, NA Security, (904) 665 -6070, btanwlQjea.com. 1.7.20. Licenses [JEA -C314] The Compmy shall comply with all licensing and/or certifcatim requirements pursuant to applicable laws, rules and regulations. The Company shall secure all 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 a4d other certifications immediately upon request from JEA. 1.7.21. Limitation of Accuracy of Informational Materials [JEA -368] For all drawings, test results, inspections, and other informational materials included as part of the Contract Documents, the Company understands and agrees that any existing facilities shown, including underground, overhead, and surface structures, and other delineations, 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 T raffle. (MOT) CJ A -564] 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 in approvetMaintenance of Traffic (MOT) plan ( "MOT Plan ") submitted by the Company, on streets, roads, private ways, and walks. The Company shall assume €uIl 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 FOOT, for the control of traffic at the Work Location including, but not limited to signs, cones, lights, barricades, ooncrete barrier walls, police off'ic'ers, 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 deiivery/receiving locations. Such notification shall be prior to initiation of shipment. The Contract Administrator will provide I5 - 136 - November 3.. 2009 ► the Company with specific written approval for each dolivery/receipt location, which will not be unreasonably withheld. When 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 Iocation, 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 -0318] The Company shall pay all fees and charges required for connections to utilities, concuaency management, parkhmg motor rental/remowd and any other assessments imposed on the Work or initial occupancy of the Contract, except those specifloaily listed heroin as provided by JEA. 1.7.25. Permits [,TEA -019] The Company shall secure, maintain, post as required, and pay for all building, phrmbin.g, electrical, right - of -way, parking, roadway, railroad, shipping, freight, hazardous materials, and all chief permits required for performance 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 MA. The•Compauy shall comply -with all conditions of permits issued for the Work, either directly or indirectly, issued by federal, state, or local govemmeatnl agaudes, which are hereby incorporated as part of these Contract Documents, The Company shall be solely responsible for resolving Any issues and bearing on expanses including any damages meared by JEA that result from a finding ofnoncomplianee during performance of the Work by any of the respective regplatory agencies including, but not limited to, all costs for delays, litigation, fins, fees of any kind, and other costs. 1.7.26,. Protection of Existing FaclUdes and Girounds [JEA -3651 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 arc encountered during the performance of the Work. At all times, the Company shall cooperate with the owners of such facilities by arrer Og and performing the Work in and around such facilities In a manner that facilitates their preservation, relocation, andlor reeonstsnction. The Company shall be responsible for the full restoration or replacemerst if the Company damages such facilities during or resulting from performance of the Work, The Company shall verify the existing dissensions 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 arose, the Company itball protect and preserve all trees, shrubs, plhns, 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 time 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 -o €- -ways, JEA property or the City of Jacksonville property. 16 -137- November 3, 2009 1.7,27. Protection of the Environment [JZA -561] The Company and its Subcontractors shall comply with all applicable Jaws, 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 Hull 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 bo disposed of at JBA approved facilities. The Company shall provide JEA with appropriate documentation showing proper disposal of its hazardous or toxic substances. TEA 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 tmmediately notify the YEA 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. Ila 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 dint a toxic substance escapes into the environment, the Company shall immediately notify the Contract Administrator in writing of the occurrence and the actions takes. in the event that the Company encounters toxic substances in the course of camstrugdon, the Company shall immediately notify the Omtraot Administrator verbally, with a written notification to follow. The Contract Administrator shall arrange for disposal by JEA. The Company will be solely reeponsiblo for all waste material including paints, lubricants, fuels, solvents; and other chemicals used in connection with the. Work, The Company will provide proper coatainers for waste materials and comply with all applicable laws, rules and regulations in their disposal. The Company will dispose of all empty eontainera off -alto as soon as possible. The Company will designate one area for transferring paints and solvents from large containers (55- gallon drums) into smaller containers for daily U951 Wetlands; The Company undarstands and agrees that the Work Location may include wetlands or other environmentally sensitive areas, The Company shall not enter 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 and/or 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 tbat causes or results in a violation of JEA's or Company's environmental permits or federal, 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 - 138 - November 3. 2009 1.7,28. Quality Control and Quality Assurance [JEA -C3241 The Company shall provide Quality Control to ensure the Work is performed in accordance with the Contract, Quality Control shall be appropriate for the nature of the Work, and shall be conducted in a manner consistent 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 Aseurance 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 findings. The Company shall provkla access to all areas of Work, including the Company's facilitfee, for JBA Quality Assurance personnel and JEA Ropresentativee. 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 -C3291 The Company shall comply with all applicable federal, state and local laws, ordinances, all JBA procedures and policies including, but not limited to, IBM Contractor Safety Management Process (available at JEA.corrij and orders of any public body having jurisdiction for the safety of persons or protection of Property. The Company understands end 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 Prequelif3calion requirements per the JEA Contractor Safety Management Process, The Company shall ensure that Subcontractors and their personnel have all the necessary personal protective equipment and tra ining needed to perform. Work safoly. The Company understands and ogees abut Jl3A Representatives may stop Work at any time that JEA, at its sole discretion, conaiders the Company's Work to be unsafo 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 all coats associated with providing a safe work environment including, but not limited to, any costs associated with any TEA directed safety improvements. The Ccanpany further understands and agrees that it is solely responsible for the safety of personnel and property associated with the Work, end that any actions taken by MA 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 a, 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 [JEA -03301 " *+ Lf the products) specified in the Contract islare unavailable after the Award 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 of the product(s). When variatforrs 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: is - 139 - November 3, 2009 Bill Clendening JEA 2434 North Pearl Street Tacksonville, Florida 32206 404.665 -4723 The Company shall submit all required Samples promptly so as to cause no delay in the Work. JEA will evaluate 6 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 Bad 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, Contrast number, Purchase Order Number, the purpose for which the Samples arc 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 notable by the MA 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 respons bility 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- rolated conditions change, 1.7.31. Schedules - Milestone [JEA -C3311 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. no Company shall update the Summary Schedule at least once per week and submit the updated Summary Schedule weekly to the Contract Administrator. 1.7.32. Shop Drawings [JEA -C3351 The Company shall promptly submit all required Shop Drawings in accordance with the provisions sot forth in the JEA Contract Performance Manual. JLA 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 sha11 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 JEA's Approved Materials Manual, then the Company shall forward the sets of each shop drawing to the JEA Engineer for review prior to purchasing in -140- November 3. 2009 the items, The Company shall also include the number of prints It desires to have returned. The JEA Engineer's approval of Shop Drawings shall zwt be construed as a complete check, nor shall it relieve the Company from responsibility for any deficiency that may moist, or itom any deparhvas or deviations from the requirementa of the Contract unless the Company has, in writing, called the Mh Engineees attention to such deviations at the time of submission and obtained written approval for the deviation. The JEA Engineer's approval shall not relieve the Company from the responsibility for errors of any sort in Shop Drawings or schedules, nor from responsibility for proper fitting of the Work, nor from the necessity of fluaiishing any Wark, materiels, equipment or tools, required by the Contract Docu mmts that may not be indicated on Shop Drawings when approved. no Company shall be solely responsible for all quantities and dimensions shown on the Shop Drawings. The Company ahalI not execute any Work until the JEA Engineer approves the Shop Drawings and it copy stamped "Approved" is at the Worts Location, The Company shall, at no oft motto JEA, make all changes and alteration whatsoever in Work performed or in subcontracts or orders placed prior to the approval of any and all Shop Drawings- .IBA may revoke approval of Shop Drawings, should field conditions so dictate. 1.733. Storm Preparedness (JEA -0462) 1 1 3 the event of a Hurricane Warning, Tropical Stone Warning, or other large storm affecting tke Work Location, the Company shall securo, or shall remove and store all equipment and materials at the Work Location Including, but not limited to, cone, barricades, lights and signs. The Company shall be& taking such precautions as necessary to secure the Work Location upon official issuance of mandatory evacuati on of the area of the Work Location and no later than 24 hours prior to predicted arrival of tropical at= 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 are required. 1.7.34. Substantial Completion [JLA -C3361 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.. EA will inspect the Work and will give the Company written notice of either acceptance of that portion of the Wont or additional deficiencies. The Company shall mcrect all deficiencies prior to Acceptance "of the Work by JBA. Whenever tiny portion of the Work is substantially complete 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 (JEA -0371 I. Whenever materials or equipment are specified or described in the Contract by using the name of a Proprietary item or the name of s 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 SEA. 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 the functions and achieve the results called for by the general design, be airni)ar 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 rcqu$e a change in any of the Contract Documents (or in the provisions 2© - 141 - November 3 , 2009 of any other Contract directly with SEA 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 subject to payment of any license fees, royalties, parmits or any other costs, All variations of the proposed substitute from that specified shall 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 JRA Engineer in evaluating the proposed substitute, Requests for review of substitute items of material and equipment will not be accepted by the TEA Engineer from anyone other than the Company. The SEA Engineer may require the Company to famish, 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 SEA Engineer, if the Company submits sufficient informsition to allow the SEA Engineer to determine that the substitute proposed is equivalent to that indicated or required by t:hs Contract. The JEA Engineer will be allowed 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. The JEA Engineer will be the sole judge of acceptability, and no substitute shall be ordered, installed or utilized without the SEA 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 asaociated with JEA's evaluation of substitutions. TEA 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•C3391 Unless specifically stated in the Contract Documents as being provided by TEA, the Company shall be responsible for all surveying necessary to eommeneo and perform this Work The Company shall employ a land surveyor registered in the State of Florida to reference andrestore 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 mod spacing of stakes to be as specified elsewhere herein or as directed by JEA Engineer. All Work shall be done to the Linea, grades and elevations shown on the drawings, Any Work improperly located may be ordered removed and replaced at the Company's expense. 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 love] 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 -142- November 3.. 2009 and all costs associated with changes required to properly accommodate actual soil conditions. 1.7,37. Temporary Closure of Roadways [JEA -563] The Company shall not close or obstruct any portion of a street, road, or private way without first obtaining permits. 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 neoessary for the protection and safety of persons on the Work and the public and for the ordarly maintenance of traffic. All coats associated with temporary closure of roadways shall be included in Bid Document, The Company shall notify the police and fire departments in writing if it will be necessary to close a street. The Company shall copy YEA on all correspondence relating to street closure. The Company shall notify the police and fire departments prior to closure of the street. The Company shall be responsible for maintaining proper 000rdinatiori with the proper authorltles, Temporary closure of business antrances must be approved in writing by and coordinated with JEA. 1.7.38, Temporary Utilities [JEA -C342] The Company shall fornish and install all temporary water, electricity and other utilities required to accomplish the Work . The Company shall obtain the water required for carrying out the WD& from fire hydrants, existing water mans connectiona, or new connactions approved by JEA. The Company shall install a back Sow pramtei and water meter assembly if construction water is necessary, Upoa Substantial Completion of Work„ the Company shall remove all evidence of temporary connecticas and lines. Prior to initiating any construction Work, the Company shall coordinate and schedule the provision of temporary utility service required during construction and arrange for the permanent installation and connection of utilities for the completed Work. 1.7.39. Toots and Equipment .[JEA-C343 All tools and equiptu mt used in the performance of the Work shalt be used as intended by the manufacturer and in accordance with manufacturer operating manuals and industry practices, wbichover 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 performance of the Work. If the Company provided tools and equipment do not meat these requirements, or if in the sole opinion of YEA formed after considering relevant factors, the tools .or equipment are inappropriate for performance of the 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 ao cba4ge to Contract Time will be allowed. The Company is responsible for furnishing and the Security of any and all tools and equipment required to perform the Work, 1.7.40. Unforeseen Condttionn [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 costa associated with the changed condition. 22 - 143 - November 3, 2009 i In the event, however, that the Company exercises the requisite due diligence and a change to the Work 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 -0347] The use of explosives to perform any Work or activities related to this Contract is strictly prohibited. 1.7.42. Vendor Performance Evaluation (JEA -C3381 Use of Vendor Performance Evaluation Scorecards JEA will evahute the Company's performance using the evaluation criteria shown on the vendor scorecard available at JEA Procurement Bid Section, JEA Tower Suite 103, 21 W. Church Street, Jacksonville, FL 32202 or online at JBA.com. Scores for all metrics shown on the evaluation range from a low of 1, moaning significantly deficient performance, to a high of 5, meaning exceptionally good performance, The Company's performance shall be classified u Top Performance, Acceptable Performance, or Unacceptable Performance, as defined herein. The evaluator will be a designated JEA employee or TEA 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 desen'bed below, Prior to issuance. When evaluating the Company's performance, MA will consider the performance of the Company's Subcontractors and suppliers, as part of the Company's performance. Frequency of Evaluations JEA may conduct performance evahutious 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 Cbief 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 ContractAdmiafstrator. Such response shall include, sad 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, Within 30 days from date of the first Unacceptable Performance letter, the Contract Administrator and Chief Purchasing Officer or his designated altercate will notify the Company by lottor as to whathor its performance, as determined solely by JEA, is meeting expectations, or is contlnutrtg to be Unacceptable. If the Company's performance is described in the letter as meeting expectations, no thither Mmediai 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 Performance. At the end of the I5 -day period, JEA will prepare a scorecard documenting the Company's performance 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 such actions as it deans appropriate including, but not limited to, terminating the Contract for breach, suspending the Company from bidding on any JEA related solicitations, and other remedies available in the TEA Purchasing Code and in law. Such action does not relieve the Company of its obligations under the Contract, nor does it preclude an ersller termination. 23 -144- November 3. 2009 In the event that the Contract Term or the remaining Term of the Contract does not allow for the completion of the deficient performance notification cycles described above for those in danger of receiving an Unacceptable Performance scorecard, JEA may choose to accelerate theea cycles at its sole discretion, If the Company receives five or more totters of deficiency within any 12 month period, then JP.A will Prepare a scorecard describing the deficiencies and the Company's performance will be scored as Unacceptable, Acceptable Performance JRA 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 cousideration when awarding emorgemcy- related work that cannot be competitively publiclybid. J&4 Blue Ribbon Suppliers, may also be subject to consideration for a reduction in lower retainage and bonding requirements after Award, as determined by the Chief Purchasing Officer at the time of Award. Disputes In the event that the Company wants to dispute the results of its sddrecarrd performance evaluation the Company must submit a letter'to the Chief Purchasing Officer sapplyying supplemental infommiWon'dW it believes JEA failed to take into account when preparing the scorecard. Such letter, along with supplemental information, must be submitted no later than 10 days following the Company's receipt of the scorecard. If the Chief Purchasing Officer decides to change the scorecard, the Company will be notified and a revised soorecard.wW be prepared, with a copy issued to the Company. If the Chief Purchasing Officer decides that no change is warranted, the decidou of the Chief Purchasing Officer is final If the Company is to be suspended firm 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 performancarelated data is flint all performance- related data is subject to disclosure pursuant to Florida Public Records Laws, All scorecards are the property of JEA. 1,7.43. Video Records [JEA -C349] w ** 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 that 15 days after the date of the Notice to Proceed. rf When required by the technical specifications, the Company shalt provide a monthly video record (on DVD) of construction progress to the YEA Project Manager. If construction is being conducted in different localities, then video shall be taken at each Work Location. The YEA Project Manager reserves the right to select the views to be video recorded. DVD(s) shall be labeled with record of date taken, JEA's assigned project tracking number, and a brief description of ttm es and activity covered in the video. The Company shall take th e progross video(m) 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 mob month. If Company fails to submit the videos) to the YEA Project Manager before the 28th day of each month, YEA reserves the right to have the video tspe(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 preconstruction and post construction conditions, Video(s) shall be DVD format and include both sides of the right -of -way and record close attention to paved and unpaved driveways and walkways; conditions of lawns, shrubs, flowers, flower beds, and trees; conditions of pavement, fences, signs, planters 24 -145- November 3, 2009 _ 1 and any other item within the area of the Work or adjacent right-of-way, The video(s) shall become apart Of the Contract Administrator's and JEA Project Manager`s permanent job records. The video(s) shall be indexed using the timer for locations by stationing and by street intersections. Tho videos) shall include each waterway crossing, An upstream and downstream view of each 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 videos) 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 faofi3ties, 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 Company shall provide for such contingenciee and for carrying on the Work in freezing weather by methods that meet with the approval of the MA Engineer. If the Company £ails to provide such protection, or in the event of an emergency, JEA may provide such protection at the Company's expense. 1.7.43. Work Information [,JEA -C351] In the event the-Company requires ad itional information regarding the scope, technical specifications, Work Locations, personnel requirements, or other information pertinent to the Work or Contract, the Company shall requcst such. information or clarifications from the Contract Administrator in writing. Within the bounds of MA Representatives authority, JEA Repres entatives may provide requested information to the Company. 1.7:46. Work Location Cleanliness [JEA -0352] The Company shall, at all times, keep the Work Location*ee from an wcumuMca 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, oonst<uction 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 -03531 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 Company, to base its schedule on an accelerated Work schedule or multiple shifts. The Company shall not schedule work on Holidays without Obtaining prior written approval from JRA, 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 7EA. 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 - 146 - November 3. 2009 1.7,48. Workmanship [JLA -C3541 The Company shall perform all Work in a safe and professional mannar, so as to render a neat and uniform appekrance. The Company shall handle all material in such a way as to preserve its finish and protective coatings from damage. General arrangement shall be in accordance with JEA Distribution Construction Standards Arid shall be satisfactory to the Contract Administrator. 1.8. SECTION TTTLE; JSEB CRRTM ED FIRMS [JEA -515] 6.8.1. Optional Use ofJaoksonviIle Small Emerging Business (JSEB) Qualified Firms [JEA -C4691 For the performance of the Work herein, the Company is not required, but is encouraged, to utilize the services of JSEB qualified firms, as addressed by the City of Jacl®onville's and JEA's MB program. If the Company uses a JSEB qualified firm for the parforinance of any part of this Work; the Company shall submit to MA, with Its Invoice, it listing of JSEB qualified firms that have participated in the Wmir. Such listing shall be made using the form. "List of JSEB Suboontraetors" available at JBA.com. All questions and correspondence concerning the JSEB program should be addressed to: JSEB Coordinator, JEA, 21 W, Church Street CC -b, Jacksonville, FL 32202. 1.9. SRCTION TITLE: JRA FLFRIYMSHED ITEMS [JEA -516] 1.9.1. Conditions of Provisioning [JEA -C3361 The Company understands and agrees that it shall be solely responsible for providing everything necessary to perform the Work and to be in fail oomplienoe with lie Contract Documents, except for those items specifically listed heroin as being provided by TEA. Any use of JEA furnished items on non -JEA work is a breach of the Contract and a violation of the law. All TEA furnished items are the property. of JEA when issued, stored by Company, and used in performance of the Work. The Company agreee that it shall use all TEA furnished items in a manner censiateatwfth industry practice, codes, laws, considering the condition of the JEA Airnished item, the skills of the individuals using the JEA ftimished item, and all environmental conditions. The Company understands and agrees that where JEA and the Company shall share JEA fumiahed hems, TEA usage shell always have priority over Company usage, and the CoutractAdministrabor shall bane sole authcrrity 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 established by a JEA Representative, any unused or salvageable items prior to Baal paymeat. The Company agrees that TEA has the right to audit and investigate the Company at any tune how the Company is using MA furnished items. TEA wilI bill the Company for unaccountable JEA furnished material at the current JEA cost. 1.91. Access to Work Locations [JEA -3571 SEA 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 forthe Company's use. JEA will scours easements forparmanent structures or permanent changes in existing facilities, unless otherwise specified in the Contract Documents. 1.9.3. Contract Documents [JEA -361] YEA will furnish a maximum of three complete sets of the Contract Documents, or portions requested thereof, upon request by Company. M. -147- November 3, 2009 1,9,4. JEA Policy, Standards and Procedure Manuals [JEA -3701 JEA will furnish one copy Of JEA policy, standard and procedure manuals on an as needed basis upon the Coarpeny's request to the Contract Administrator, 1.9.5. Permits [JEA -3791 * ** JEA will obtain the following permits, approvals and licenses. 0 City of Jacksonville and FDOTright -of -way permits 1.9.6. Test Boring Allown nee [JEA -4591 JEA will provide funds as specified on the bid shoat to reimburse Company at cost for hiring one or more testing laboratory(1w) to perform all aampling, field testing and laboratory testing as specified herein, or as directed by the JEA Engineer. Ali tasting 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 fisting due to failed first teats 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 servioes at its cost with no markup. 1.10. SECTION TITLE; FREIGHT, SHIPPING & STORAGE [JEA -5171 1.101. 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 tire, Company that arc later found to be faulty; damaged or discrepant in some manner, The Contract Administrator will obtain appropriate replacement materials upon written notification from the Contract Administrator. The Company shall not, under any eir oum tgnces, 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 gat 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. 1.10.2. Material Delivered to Company Sites [JEA -01451 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 deliver 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 Iead -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 whore JEA is receiving items when the Company is unable to, such receipt does not indicate JEA's Acceptance of items. 2 - 148 - November 3. 2009 1, 10 - 3 . Salvage and Excess Materials and Equipment [YEA -C1481 The Company shall protect salvaged or salvageable equipment and material from Ioss 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 shall inventory, sort.and roh= salvage and excess materials, and shall weigh conductors. The Company shall return salvage and excess materials and equipment to the appropriate YEA 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 -CIS21 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 parmits required fort wasportation to the Work Location. The Company shall provide an Advance Ship Notice to the Contract Administrator or designated Work Location manager, Storage Undar arrangement with the YEA Engineer, and upon his approval, a limited amount of temporary indoor storage space may be merle available, but only for the equipment that must be protected f3 om the weather. Equipment for which arrangements have been made for indoor storage, aballbe pecked separately and the ccatainar clearly marked "For Indoor Storage." For equipment that will he stored indoors and that wilt require special storage precautions, the storage instructions shall be shown on the outside of each =tamer, . or in a durable envelope identified as containing storage instructions and attached to the container. 1.10.5. Storage of Equipment [SEA -C1531 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 casts for suoh storage, unless otherwise indicated iu the Contract Dommtents, and any costs associated with noncompliant storage including, but not limited to, loss and damage to items. In the event that YEA directs the Company to stop the Work, costs associated with storing equipment err materials will be compensated in accarden e. with. the provisions stated herein in "Change in the Work" JEA -164. The Company shall ensum that JEA Representatives have r access to Work - related storage on an as needed basis during regular work hours and Overtime, r 1.10,6. Title and Risk of Loss [,TEAL-C1S41 YEA will retain the title to equipment and materials removed from JEA aites for repairs, service or duplication. Ownership, risks of damage to or loss of the Work shall pass to JEA upon Acceptance. The Company shall assume all risk of loss or damage to the Work while items are in transit and /or in the Company's custody until such time that YEA issues written notice of Acceptance. JEA's receipt or delivery of any equipment or other materials will not constitute JEA's Acceptance of the Work and will not constitute a waiver by 3RA 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 -149- November 3, 2009 s 1.11. SECTION TITLE: INDEMNIFICATION AND INSURANCE REQUIREMENTS 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 inury (whether mental or corporeal) to persons, including death, or damage to property, arising out of or incidental to the negligence, recklessness or intentional wramgNl misconduct of the Company and any person or entity used by Company in the performance of this Contract or Work performed thereunder. For purposes of this Indemnification, the term "JEA" 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 term 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 sat forth elsewhere in this Contract. 1.11.2. Insurance Requirements Before starting and until acceptance of the Work by JEA, and without further limiting its liability under the Contract, Company shall procure and maintain at its sole expanse, insurance of the types and in the minimum amounts stated below; Soh edulo QYorkers' 2_M2§Waation Florida Statutory coverage and Erxrployer's Liability AM Statutory Limits (Workers' .Compensation) $500,000 each accident (Employer's Liability) Cg=atial 99L4Fg1 jobj %' Premises -Ope atione Products - Completed Operations Contractual Liability Independent Contractors Broad Form Property Damage Explosion, Collapse and Underground Hazards (XCU Coverage) as appropriate Automobile Ijabili All autos- owned, hired, or non -ownod Excess or Urake]lla Liability $1,000,000 each occurrence $2,000,000 Annual aggregate far bodily injury and property damage, combined single limit $1,000,000 each occurrence, combined single limit $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 specify. JEA 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 JEA, Company shell include a Waiver of Subrogation on all required insurance in favor of JEA, its governing board, officers, employees, agents, successors and assigns. 29 - 150- November 3. 2009 Such insurance shall be written by a company or companies licensed to do business in the State of Florida and satisfactory to .TEA, prior to commencing any Work under this Contract, certificates evidencing the maintenance of the insurance shall be furnished to JEA for approval. Company's and its subcontractors' certificates of insurance shall be mailed to MA (Atta, Procurement Services), Customer Caro Center, 6 Floor, 21 West Church Street, Jacksonville, 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. Any subcontractors of Company shall procure and maintain the insurance required of Company hereunder during 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 Jnsuranco to MA prior to allowing subcontractors to perform Work oa JBA's j ob sites, 1.12, SECTION TITLE: CHANGES TO WORK [JEA -5191. 1.12.1, Change In the Work [,MA -01641 To request or claim any change in the Work including, but not limited to change in scope, quantities, pricing, or schedulas, 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. Whether requested by the Company, olaimedbythe Company, or oontomplated by TEA, no change shell be aulborizedinikes made on a JEA Change Oder signed by the Contract Administrator or through a formal written amendment to this Contract, In the event of an emergency endangering life or properly whore it is appropriate for the Company to take action, the Company shall undertake such actions to preserve life and property. JEA and the Company will determine after emergency is concluded, the extant of out -of -soops work performed by Company, and the Contract Administrator will issue a Change Order or amend the Contract for such work, if my and as necessary. Alt 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 Company's claim notification, Contract Administrator will provide written direction as to the procedures that will be used to address the request. The Company's request shall be sufficiently detailed 'including itemized costs, eonditiori and work descriptions and other infonnellon necessary to evaluate the merits of the claim. The Contmot Administrator may reject requests providing Insufficient supporting information. Any change, in the Contract resulting from the request YA1 be incorporated into the Contract via a Change Order or Purchaso Order, Where JEA and the Company are unable to reach a mutually acceptable resolution of request, JEA's determination will be final. Where necessary, JBA 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 ttre Contract, the Unit Price will be applied to the quantity of work, b. By mutual acceptance of lump 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 final payment, JEA will determine actual quantities using sampling, surveying and other industry recognized means and prepare it Change Order adjusting the price to reflect actual volumes, 30 -151- November 3, 2009 The Company shall immediately notify the Contract Administrator in writing of any unauthorized change 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 oegstively 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 be grounds for rejecting the claim The path of critical events mentioned herein tomme the series of interdependent Work events that mustbe sequentially perforated and that require a longer total time to perform then any other such series. T3pon receipt of the Company's request for a change in the Work schedule, the Contract Administrator will provide any additional directions 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 scoeptable resolution of request, JEA will make a commercially reasonable determination, made in accordance with JEA's Purchasing Code, which shall be AmL All Work defmad 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 Requirements [JEA -0165] The Company shall review the Work requirements and specification prior to commencing Work. The Company shall immediately notify the Contract Administmtor in writing of any eonfliot with applicable law, or any error, inconsistency or omission it may discover. JEA will promptly review the alleged conflicts, errors, inconaiatenoies 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 Company performs prior to receipt of approved Change Order will be at the Company's sole risk. 1,12.3, No Damage for Delay [HA -0160] 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 barne 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 alleged to be caused by TEA or any of LEA's agents or other contractors, shall beau extension of the Contract completion date, Any demand for equitable adjustment must be served in writing to TEA within five days of the event giving rise to any delay, disruption or hindrance. Any request for an equitable adjustment shall 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 shaft be no recovery for home office overhead and any damages claimed shall be proven by discreet accounting of direct project casts and nc theoretical formula or industry estimating reference manuals shall be permissible. 31 - 152- November 3. 2009 1.12.4. Notification of Surety [JEA -C1671 The Company shall notify its surety of any changes affecting the general scope of the Work or altering the Coetract Price, The amount of the applicable bonds shall be adjusted accordingly and the Company shalt furnish proof of such adjustment to JEA within 10 days of date of Purchase Order, 1.12.5, Supplemental Work Authorizations (SWA) [JEA -5381 The JBA Representative will issue a written SWA to incorporate cost or schedule changes into the Contract lasivance of an SwA is solely at the discretion of the JEA Representative. The SWA shall be used for increases or decreases in the Contract price, within the SWA amount set forth in the Bid, or tb 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 it folly authorized, written SWA 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 SWAB will be issued. JEA 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. Agroed Upon Lump Sum Method The Company and the JEA Representative shall mutually agree to the pricing of an SWA, Any negotiated increase or decrease in the Contract Price shall be based on the Comp my's costs for labor, materials and supplies directly applicable to the increaaa or decrease plus 10°x6 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, ate. associated with the change. A lump stn, figure submitted with ho breakdown will be returned to the Company without review. Cost Reimbursable (Time and Materials) Method Whenever the Company, end the JEA arc unable to agree on costs for an increase in the Work, JEA or JEA Representative shall order the Company to proceed with tha Work on a cost reimbursable (tune end material) basis. JEA will pay the Company for the SWA work in the manner hereinafter described, and the compensation thus provided shall constitute full payment for said work. JEA shall issue the SWA for the Company to perform the specific work with payment determined as follows: For materials purchmed 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 fteigbt and delivery charges as shows by original receiptod bills. A mark -up amount equal to 10% of the stun thereof shall be added to this cost. JEA reserves the right to aelect and approve, or to reject the materials to be used and the sources of supply of any materials famished by the Company. The Company will be paid the cost of wages for. all labor that is engaged in the Work, plus the actual coat chargeable to the Work for workers' compensation insurance,. social security taxes, unemployment compensation insurance and such additional amounts as are paid by the Company, A total mark -up shall be added equal to 10 0 /6 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 of the payment will be the actual wage rates paid by the Company for Work under this Contract, except that no rate used shall exceed the rate of comparable labor currently employed on the project. Payment for the services of foremen in direct charge of the specific operation will be made. Payment for the service of superintendents, timekeepers or other overhead personnel will not be made nor will payment for the s ervices of watchmen be made unless required specifically by the SWA 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 SWA shall be made in keeping with normal practice for work of similar nature, YEA may, at its 32 - 153 - November 3, 2009 discretion, limit by specific instruction the types and amounts of equipment and machinery to be used, For all equipment and machinery used in the SWA work, JEA will pay 80 °/b of the rental value as set forth in the Blue Book value or actual cost, whichever is less, to which no mark -up percentages will be added. In computing the hourly rental of such equipment, less. than 30 minutes shall be considered 112 hour except when the minimum rental time to be paid is one hour, 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 on the SWA work being performed. The Company shall be reimbursed 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 toots and minor items of equipment, which, as used herein, are defined as individual tolls 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 YEA with the invoice for the work. Payment for coat reimbursable SWA work will be included in monthly progress payments. The Company's Subcontractors will be allowed a 10% mark-up on Work pedonaed by their own forcer. the Company will be allowed a 5% mark -up on the Suboontraetces costs (i.e. labor and niatciials) only, uo mark -up on the Subcontractor's profit. Force Account Procedures JEA may, at its sole discretion, implammit force account procedures in order to limit the costs for performance of SWA work. For force account work, MA: will utilize the cost reimbursable method described herein, in addition to the following terms. Wbea approved in advance in writing by the Contract Administrator, the Company may include towing or trauspasting 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 tho Work Location to perform Work that is not pats of the force account work, JEA will pay the Company the actual costs, with no peroentages added for additional pr emium M 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. 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 account 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 of labor, equipment and materials for which payment is to be made under the force account order, The Company shall provide all such dcoument.ation to support its claims and agrees that JEA shall have the right to audit the Company's financial and operating documents to ensure compliance with this requirement. All work performed under the force account procedure 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 JBA minimize the JEA costs for such work. 33 _154- November 3, 2009 f 1.12.6. Suspension of Work [JEA JEA 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 of the Work shall be amended by mutual agreement to reflect such suspension, in the event of suspension of Work, the Company shall resume the full performance of the Work when YEA 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 [J&A -C168] JEA will consider any Wont 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 ordemd 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 -5261 1.13.1. Company's Labor Relations [JZA -C169] The Company shall negotiate and resolve any disputes between the Company and its employees, or anyone repreaonting its employees, The Company shall immediately notify JEA of any actual or potential labor dispute that may affect the Work and shall inform YEA of all actions it is taking to resolve the dispute. 1.13.2. Minimum Qualifications of Company Peraonuel [JEA -01701 All Company personnel shall be at a minimnuz qualified far dw tasks they are assigned. All Company personnel shall be able to read, write, speak and understand Englis All Company. personnel shall act in a professional manner, with due smsitivtty to other persons at the Work Location. If YEA, at its sole discretion, determines that a Company person is unqualified, unfit or odrerwfse =suitable for the tasks assigned, the Company shell immediately atop the person from performing the teaks, 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 bald 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, cartificationa,_professional affiliation, and other qualifications of the individual, with& one day of request from the Contract Administrator. Any changes to such personnel after approval shall requirafha written permission of the Contract Administrator. 1.13,3. Nondiscrimination [J$A -C171] The Company represents that it has adopted slid will maintain a policy of nondiscrimination against employees or applicants for employment on account of rave, religion, sex, color, national origin, age or handicap, in all areas of employee relations, throughout the Term 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 forms 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 shall not be required to produce, for inspection, records covering periods of time more then 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 -155 - November 3 , 2009 outirety: the provisions of Presidential Order 11246, as amended, and the portions of Executive Orders 11701 and 11758 as applicable to Equal Employment Opportunity; the provisions of section 503 of the Rehabilitetlon Act of 1973, as emended, and the Americans with Disabilities Act (ADA); and the provisions of the Employment and Training of Veterans Act, 38 U.S.C. 4212 (formerly Z012), 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 -C1721 Intentionally left blank. 1.13.5. Scheduling of Overtime [JEA -CS731 Intentionally left blank. 1,13.6. Show -Up Pay [JEA -C1741 In the event that inclement weather prevents the Company from performing Work, the Company may 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 & REME MSS [JE"21] 1.14.1. inteUeetnal Property [JBA -0175} The Company grants to IBA an irrevocable, perpetual, royalty free and fully paid -up right to nao (and such right includes, without limitation, a right to copy, modify 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 am -vice provider) the Company's intellectual property (including, without lirnitation, all trade aocreb, patents, copyright and know -how) that is contained or embedded in, required for the use of, that was used in the production of or is required for the reproduction, modification, maintoo=ce, servicing, improvement or continued operation of any applicable unit of Work- If the Work contains, hae embedded in, requires for the use of any third party intellectual property, or if the third party intellectual property is required for the reproduction, modification, maintenance, servicing, improvement or continued operation of the Work, the shall secure for JEA an irrevocable, perpetual, royalty free and fully paid -up right to use all third intellectual property. The Company shaIl 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, all 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 oi a third party service provider. Should JEA, or any third party obtaining such work product through JBA, use the Work or any part thereof for any purpose other then 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 JBA all costs, damages, charges, and expenses occasioned to 35 -156- November 3. 2009 JEA by reason thereof. JEA, will give the Company written notice of any such claim, action or proceeding and, at the request and expense of the Company, JEA will provide the Company with available information, assistance and authority for the defense. It in any action or proceeding,. the Work, or any part thereeg is bold to constitute an infringement, the Company will forthwith either secure for MA the right to ooriftue using the Work or will, 2t the Company's expense, replace the infringing items with non - infringing Work or make modifications as necessary to that the Work no longer hifringoa. The Company will obtain and pay for all patent and other intellectual property royalties and Hume fees required in respect of the Work. 1.14.2. Offsets [JEA-CI76] In case the Company is in violation of any requirement of the Contract, TEA may withhold payments that may be due the Company, and may offset existing balsmes with any TEA inowed costs against funds due the Company under this and, any other Company Contract with TEA, as a result of the violation, or other damages as allowed by the Contract Documents and applicable law, 1.14.3. Proprietary Information IJEA -C178] The Company shall not copy, reproduce, or disebas to third parties, except in connection with the Work, say information that JEA finnishas to the Company. The Company shall insert In any subcoatraet a restriction on the use of all information flt idshed by JEA. The Company shall not use this Wbrmston on another proj ect. Ali luformarion ftuniah ed by JEA will be returned to IRA upon completion of the Work. 1.14.4. Removal of Work iJEA -01791 The Company shall not sell, assign, mortgage, hypothecate or remove Work that has been delivered to installed at the Work Location. 1.14.5. Right to Audit and Financial Reporting [JEA -0327] Upon MA's requests, the Company agrees to allow JEA to audit its financial and operating tacords for the purpose of determining Invoice accuracy, or otherwise assessing compliance with the Contract Documents. The Company agrees to Iet JEA personnel, or their qualified representative across the r000rda at Company's office, with three days written notice, for a reasonable period, not leas than five days, in a workspace suitable for the audit provided by Company, All audit work will be done on Company premises; and no Company documeatation will be removed from Company offices. The Company agrees to h5m knowledgeable personnel available to answer questions for the auditors during the time they *e at the Company's offices and for a period of two weeks thereafter. The Company shall provide to JEA audited financial 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 [JZA -C18I] JBA shall ratain the title to water, .mineral matter, timber and any other materials that the Company, or its Subcontractors, encounter during the excavation or other operations of the Work. The Company shall 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 of the Company,, that are of archaeological or historical value shall be left in place. The Company shall immediately notify SEA of the find and shall take no further action until directed by MA. 36 -157- November 3, 2009 1.16• SECTION TriLE: REPRESENTATIONS & WARRANTIES [JEA -522] 1.15.1. Company's Knowledge of the Work [JEA -01831 The Company represents that the Contract Price and the detailed schedule for the execution of the Work are based on its own Imowledge and judgment of the conditions and hazards involved, and not upon any representation of JEA. 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 expresaly provides that JEA aaaumes the respoftsibility. 1.15.2. Company's Plaas and Specifleations .[JEA -C184] All plans and specifications that the Company provides for any building, structure, system or equipment where required by federal, state, local laws and regulation as part of the Work shall bear the scat of a professional engineer duly registered in the State of Florida at no cost to JEA. 1.15.3, Company's Warranties [JEA -0185] * ** The Coaapany unconditionally warrants to JEA for a period of not less than 2 years from the earlier of Acceptance or Substantial Completion and beginning of normal use by JEA, whichever is earlier, that all Work furnished under the Contract including, but not limited to, materials, equipment, workmanship, and intellectual property, including derivalfvo works will be: performed in a see, professional and workman like manner; firoe from Defects in design, material, gad 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 ass notation stmidards. 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, orrotum the Work at the Company's expense and cancel the Coatraat. 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 reeyonable time. If Work includes items covered under a manufacturers or Subcontractor's warranty that exceeds the requirements stated heroin, Company shall transfer such warranty to JEA, Such warranties, do not in anyway Iimit the warranty provided by the Company to JEA, If, within the warranty period, JBA 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 JEA, The Company shall pay all costs of removal, transportation, reinstallation, 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 Companyfs expense when the Company fails 37 -158 - November 3. 2009 to correct the Defect within a reasonable time of receiving written notification of the Defect by JBA, when the Company is unable to respond in an emergency situation, or whan necessary to prevent JEA from substantial financial loss. Where JEA makes repairs or replaces defective Work, JBA will issue the Company a written accounting and invoioe 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 specif c Work. Where spare parts may be needed, Company warrants that spare parts will be available to JEA for purchase for at least 75 percent of the stated useful life of the product The Company's warranty excludes remedy for damage or Defect caused by abuse, improper or insuf cimt maintenance, improper operation, or wear and tear under normal usage. Where JBA intends to perform a warranty inspection, JEA will notify &a Company and the Company Representative shall attend the inspection. 1.13.4. Competent Performance of the Work [JS.A -CI16] The Company represents that it will conduct the Wgrk in a meaner and with sufficient labor, materials and equipment necessary to affeot a diligent pursuance of the Work through Final Completion. If, in the sole opinion of JEA, the Company faits tq perform the Work as represented, MA may, at its sole discretion, take charge of the Work and ftmdah and provide the labor, materials', and equipment necessary to completo 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 perforating the Work, to bemanifwdy incompetent or Inadequate to complete the Work as specified. The Company shall pay JEA for the cost of all such Work completed by MA, 1.13.5. Encroachment on Outside Property [1EA -0187] The Company warrants that it shall not encroach on any rights or property of the public or adjoining . property owners and shall hold MA harmless 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 thereat at the proper location, ell without extra cost to JEA. 1.15.6. Free and Clear Title [JRA -C1881 The Company warrants that it has title to all equipment and materials furnished under the Cdatract where title will pass to JEA, and that the equipment and materials passed to JEA are five and clear of all liens, claims, security interests and encumbrances. 1.15.7, Performance of the Work [JEA -0189] 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 defined in the Contract. 38 -159- November 3, 2009 1.15.8. Safety Representation [JEA -C190] The Company represents and warrants to JEA that it has the capaoity 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 necessaryy safety training and supervision Of its employees and Subcontractors, and acknowledges that JEA is not responsible for trainiag or supervising the Company's employees, except when noted for the purpose ofeoforcing compliance with these safety requirements. 1.16. SECTION TITLE: TERM & TERMINATION [JEA -5231 1.16.1, Term of Contract - (Deflned Dates) [JEA -C193] * ** The initial term of this Contract will be three (3) years from the Effective D ate of the`Contract (the "Initial Term "). JEA may, at its sale discretion, offer renewal options, subject to availability of lawfully appropriated fluids. Each renewal option is for a one (1) year period (each, a "Renewal Term ", together with the in Term, the "Term ") and may be exemised up to two (2) times. 'If Company desires to renew the Contract Company must provided JEA with written notice eb* (60) days prior to expiration of the Contract JEA's decision to renew will be based on the performance of the Company and curreatmarket conditions at that time, Prices will remain hM for the initial term. At the end of the initial term and each renewal torus, If any, JEA will evaluate prices as well as other performance measures. Price ohanges will be negotiated on changes such as market conditions, value -added services provided, meeting of goals and/or changes 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 had the opportunity to engage in process and performance improvement, actions.rolated to the Contract. 1.16.2. Termination for Convenience [JEA -C1941 JEA shall have the absolute right to terminate in whole or part the Contract, with or without cause, at any time at3erAward upon written notification of such termination. 1n the event of termination for convenience, JEA will pay the Company for all disbursements and expanses that the Company has fncurted, 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 of termination, the Company shall stop the performanco of the Aork 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 -CI951 * ** JEA may give the Company written notice to discontinue all Work under the Contract in the event that: - Tho 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 - 160 - November 3. 2009 bankruptcy or insolvency laws; - A receiver is appointed for the Companys properties or the Company commits any act of insolvency (haWOVer evidenced); The Company snakes an assignment for the benefit of creditors; The Company suspends the operation of a substantial portion of its business; - The 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 AUls to perform as specified in the Contract Documents, or the Company is not complying with the Contract Documents, - The Company attempts to willfhIly impose upon MA items or workmanship that are, in MA% sole opinion, defective or of unacceptable quality, - The Company breacbes any of the representations or warranties - The Company is determined, in J13A'a sole opinion, to have miampresented the utilization of finds or misappropriate property belonging to JEA. - Any material change in the financial or business 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 YEA may terminate the Contract, Once a Company is declared in default, the surety shall 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 diacautimie, or any monies thereafter that may become due-the Company In accordance with the terms of tho Contract, If the Company falls to make arrangements satisfactory to JEA within 3 months after service to the Company d a notice to d iscontinas Work, and in the case where a Payment and Performanco Bald is In effect, the surety has not exercised, its option, then withoat 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 detemminae. In such a case, JEA shall have the right to take possession of and use any of the mat clals, plant, tools, equipment, supplies and property of dny.kind provided by the Company for the purpose of this Work. MA will charge the expense of oompletlag 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 aucch expenses are more than the sum that would otbeawise have been payable under the Contract, then the Company shall pay the amount of auch excess to IBA upon notice of the expanses from JEA. JEA shall not be required to obtain the lowest price for completing Are Work under the Contract, but may make such expenditures that, in its sole judgment, shall beat 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 JEA's right to all remedies far nonperformance provided under law or in equity, except as specifically set forth heroin. In the event of tcnniustion for r nonperformance, the Company shall immediately surrender all Work records to MA. In such a case, TEA 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 performance letters and scorecards, to the Company regarding its performancc prior to default by Company for performance related ]ssuee. JEA shall have no liability to the Company for termination coats arising out of the Contract, or any of the Company's subcontracts, as a result of termination for default. 40 - 161 - November 3, 2009 1.17, SECTION TITLE: GENERAL TERM & CONDITIONS (TEA -5241 1,17,1. Ambiguous Contract Provisions [TEA -C19" The Parties• agree that this Contract has bean the subject of meaningful analysis and/or discussions of the specifications, terms and conditions contained in this Contract, Tlioroforo, doubtful or ambiguous Provisions, If any, contained in this Contract will not be construed against the party who physically prepared thin Contrtact. The rule cammotity'laiown as "Fottlus Contra Proferentum" will not be applied to this Coatraet ar any interpretation thereof. 1.17.2. Amendments [.TEA -0197] 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 [.TEA -C198] This Contract 'and the rights and duties of the parties arising from or relating to this Contract or its subject matter, shall 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 irr evocabiy submits to the exclusive jurisdiction of the courts of Florida, and further agree that the venue for any legal action brought by or fries against YEA relating to any matter arising under this Contract shall be exclusively in that state or federal court .sitting in Duval county, Florida that has jurisdiction over such legal actions. 1.17,4. Coufidendallty and Public Record Lawn [JEA -574] Any information disclosed by one party ("Disclosing Partyr') to the other patty ( "Recipient"} in cam ctian with this Contract that is narked 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 reieted 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 connection 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 neeessery and reasonably anticipated. Confidential Information does not include Information which: (1) is already known to Recipient at the time of disclosure; (if) Is or becomes publicly known through no wrongt'al not or failure of the Recipient; (iii) is independently developed by Recipient without benefit of Disclosing Parry's Confidential Information; or (iv) is received from a third patty which is not under and does opt thereby breach an obligation of confidentiality, Each party agrees to protect the other's Confidential')rnformatioil at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential matoriais, but in no event with lees then 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 par' ties acknowledge that TEA 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 Iufarmation, 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. Uthe Company fails to obtain that court order enjoining disclosure, JEA will release the requested information on the date specified. Such release shall be deemed to be made with the Company's consent and wilt not be deemed to 41 - 162- November 3. 2009 be a violation of law, including but not limited to laws concerning trade secrets, copyright or other intellectual property. In 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 -CZ99] 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 shall be collectively referred to as the Contract Documents. This Contract Is the complete agreement between the parties. Perot or extrinsic, evidence will not be used to very or contradict the express terms of this Contract. 7be Contract Documents are complementary; what is called for by one is binding as if called for by all. The Company shall, upon discovery, inform 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 IRA, 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 I Amendments - Contract Purchase Orders - TchhnicaI Specifications and Drawings, Exhibits & Attachments - Hid Document - Referenoea The figure dimensions on 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 ref=ing to such recognized standards. 1.17.6. Cumulative Remedies [JSA, -02001 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. 127.7. Entire Agreement [JEA -0201] 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 terms 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 al) genders, The term "including" mearie "including without limitation ", and the terns "include ", "includes" and "included" have similar meanings. Any reference in this Contract to any other agreement is deemed to include a reference to that other agreement, as amended, supplementad 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 -163- November 3, 2009 1.17.9. ForceMajeure [JBA -C2031 NO party shall be liable for any default or delay in the performance of its obligations under this Contract due to an act of God or other event to the extent that; (a) the non - performing patty is without fault in causing such default or delay; (b) such default or delay could not have been prevented by reasonable Precautions; and (c) much default or delay could not have been reasonably circumvented by the non- Performing party tbrough the use of alternate sources, wofk- 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 FBA to secure approval, validation or sale of bonds; inability of FBA or the Company to obtain any required permits, licenses or zoning; blockades; embargoes; sabotage; epidemics; fires; hurricanes, 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 the 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 nonparformanee resulting from such causes, the party affected 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 Change Orders shall indicate the extent, if any, to which it is anticipated that any delivery or completion dates will be thereby affected. 1.17.10. Hand Digging Around Trees, Tree Trimming, Arborist Services and Tree Removal [JEA- 575] No separate measurotnent and payment shall be made for hand digging a ma trees, tree trimming, and provision of arborist services, but all cost shall be included in the associated item of work to the bid form. Hand digging, tree trimming, and arboMt am-view shall include but not be limited to all Iabor, 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'shall include aervices of a certified arborist as required by the City landscape architect to enure minimal 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 backfll replacement shall be included in the, associated item of the work. 1.17.11. Headings [JEA -C2041 The division of this Contract into sections, the insertion of headings and/or index numbers and the provision of a table of contents are for convenience of reference only and are not to affect the construction or interpretation 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. Unlsss otherwise specified in the Contract, the US System of Measurements shall be used for quantity measurement. All instrumentation and equipment will be calibrated in TJS System of Measures. 43 -164- November 3. 2009 1.17.13, Non - waiver [JEA -C2071 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 -C208J * ** All notices required or permitted under this Contract shall be in writing and shall be deemed received if sent by one of the.foilowing 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 reglstared first class mail, postage prepaid and return receipt requested; or (d) upon conftmod facsimile transmission provided that a copy shall be sent by another, of the foregoing means. All notices shall be addressed by it party to the other party as follows: In the case of JEA; Attu: Bill Clendming, Mgr., W &S Arid Preventive Maint 2434 N, Pearl St., Jacksonville, FL 32206 and to: SEA Heather Burnett, Contracts Manager 21 W. Church St. CC -6, Jacksonville, FL 32202 In the case of Company: MY Richard Taylor Howtor. Insituform Tecbn6iogies, Inc. 17988 Edison Ave, Chesterfield, Mo. 63005 Telephone: (636) $30 -8000 Facsimile: (636) 530 -8701 Either party may change its address from time to time upon prior writtim notice to the other specifying the effective date of the now address. 1.17,15. Publicity and AdvertWng [JEA -C2091 The Company shall not take any photographs, make any announcements or release any information concerning the Contract or the Work to any mamb or of the public, press or official body unless. prior written, consent is obtained from JEA, JEA is governed by the Florida Public Reoords 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. ell 1.17.16. References [JEA -02101 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 hava the enforcement ability as if they are, fully incorporated herein. 1.17.17. Relationship of the Parties [,TEA -02111 The Company agrees that it shall perform the Work as an independent contractor and that it door, 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 IEA's name, except as may be authorized by JEA under . a. separate written document, or (6) represent to any person or entity that it has such power or authority except as may be 44 - 165 - November 3, 2009 i authorized by JEA under a separate written document, 1.17.18. Severability JJZA -C212] 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 intentions 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.- Subcoptracting or Asslgning of Contract (JEA -C2131 Eacb 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 pmrdos 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. 1.17.21). Survival (JEA -0214] The obligations of JBA and the Company under this Contract that are not, by the express terms of this Contract, fully to be performed during the Term, shall survive the termination -Of this Contract for any reason. 1.17.21. Third Party Agreements (JEA -557J Unless otherwise agreed in writing by MA. JEA shall have no obligation to enter into any third party agreements under this Contract. Such third party agreements shall include, but notbe limited to; joint check agreements, and revocable or irrevocable letters of direction with sureties, In the event JEA agrees to execute any such agmement(s), then such agreement(s) shall incorporate addtdonal language as required by JEA's Chief Purchasing Offiom, 1,17.22. Time and Date [JEA -0215] Unless otherwise specified, references to time of day or date mean the local time or date in Jacksonville, FIa. If under this Contract any payment or calculation is to be made, or any oilier 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 mad", and that other action is to be taken, as applicable, on or as of the next day that is a regular 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 JBA Procurement, 1.17.23. Time of Essence [JEA -C216] For every requirement of this Corlract, time is of the essence, 1.17.24. Use of JEA Contracts by the City of Jacksonville [JEA -C2171 Where City of Jackaonville agencies' procurement codes allow use of JEA contracts, the Company agrees to extend any pricing and other contractual terms to such agencies. AS - 166 - November 3. 2009 Of, or in connection 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. WorkLocatlou [JEA -C4601 * ** Work shall be performed at the following location(s): within the Rights -of -Way in JEA's service area, 2.3. SECTION TITLE: TECHNICAL SPB,CMCATIONS [JEA -5281 2.3.1. 1" Water Service Replacement [JEA -C397] Intentionally left blank. 2.3-2. Applicable Water & Sewer Standards, Details and.h4atoriala [JS.A -03981 All Work ahail be done in accordance with the January 1, 2005 Bdition 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 JBA 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 dawatering systems) to remove water from the excavations. Prior to beginning any dewatmsin& 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 snmplo(s) results sba11 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 on proceed without further instruction from the Construction Adrob istrator. Additionally, prior to any dewatering, the Company shall apply for a St. Johns River Water Management District (SMWMD) Generic Permit for.Short Term Dewatoring, and comply with all SJRWMD requirementa. If the above requirements are not followed, the Company shall be held liable for any fin' os aii'dlor violations incurred by JEA. 2.3.4. Drainage Along Rights -of -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 aA times. The Company shall not obstruct existing gutters, ditches and other runoff facilities. 2.3.5. Earthwork [JEA -0401] * ** Suitable Material The Company shall stockpile ail 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 tl.e property of the Company and shall be disposed of appropriately outside the right -of- -way. a'7 - 168 - November 3. 2009 Unsuitable Material All material encountered during regular excavation that the Geotechnical Engineer determines is unsuitable for use as.backfill shall become the property of the Company and the Company shall remove and dispose of it PruPOrly. Where unsuitable material is to be replaced, suitable material obtained elsewhere on th* Work area shall be used as baemo at no additional cost. In the event them are not sufficient quantities of stockpile suitable material available, Class A -3 sand shall be used as specified below for A -3 Soil Baeldill. 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 suftabie material obtained from regular excavation to use as backt711, then the Company shall import A -3 soil to the Work area to meet the need for fill and baokfM as directed by JBA or the City of Jacksonville. The Company shall provide JEA test results for both stockpiled material and imps material to indicate that the materials meet the minimum standards established by the Geoteobnieal 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 A4 soil backfill when suitable material from regular excavation will become available, but at dw time required. Is not available, due to the Company's sequence of work. Measurement of A -3 soil backf ill 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 -C4081 I The Company shall carefully remove and relocate mailboxes affected by construction operations to allow for uninterrupted mail service. All temporarily relocated mailboxes shall be rek stalled permanently as soon as construction, operations allow. The condition of the rafaatalied.mailbaxw shall be at least equal to the original facility, as directed by JEA. No additional payment shall be mad* for removal, relocation or reinstallation of mailboxes. All costs shall be included in the associated line item in the Bid Document. 2.3.7. NPDBS Permit Conformance [JEA -559] Company shall comply with the State of Florida Department of Environmental Protection (FDEP) Document No. 62- 621- 300(4)(a). A copy may be downloaded via Internet at http: / /www.dep.state.fLusl water/s tormwater fnpnim/pormits_forms.htm and is also attacbed to this section. The NPDES permit program requires that if the construction activities disturb an acre or gre&r of land, then the Company must submit the Notice of Intent (NOI) to use the Generic Permit for Stormwater Discharge from barge 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 Stormwater Pollution PmVetion Plan (SWPPP) specifically designed for each construction site. Also involved are certain certifications, notifications, inspections and record keeping activities, The S WPPP 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 constriction, 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 erosfoa 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 SWPPP AR -169- November 3, 2009 that will adhere to the requirements delineated in DEP Document No, 62.621.300(4)(a). This may requin 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 ;ion-contaminated water /non- turbid water shall be transported 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 storvtwater system. drainage ditch,. creel, 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 activity shall eeaae immediately, and the Company shall contact the MA Project Manager and also FDEP at (904) 807 -3300 and, Company must complete Notice of Termination (NOT) (DEP Doc. No. 62- 621.300(6), F.A.C.) within one (1) week of final site stabilization with courtesy copy to IPA (attention: Me Heather Burnett, 21 W. Church Street, Tower 8). Company shall also provide copies of NOT to IBA Project Manager with final payment and coustruction close -out documents. A ropy of NPDES Forms and Checklist are attached to this section. JBA will reject any and all invoices and Application for Payments unless JEA receives a copy of the Company's NOI and NOT that were forwarded to the FD13P. In addition, if the above requirements are not followed, the Company aball "be held liable for any fmas eadlor violations incurred by MA. 2.3.8. Prevention, Control and Abatement of Erosion and Siltation [JEA -03213 The Company shall take steps and make suitable provisions to minimize siltation and erosion of waterways that may result ham its operstioA during the course of construction The Company shall make suitable arrangements, which may require the temporary oonstml:doa of flumes, boxes, or some other device(s), at the Work Location for the drainage and disposal of water. The CotnpenY shall be responsible for protecting adjacent property to the Work Location from damage by water resulting from its operation. The Work Location shall be returned to its original condition to the satisfaction of JEA. The Company is cautioned that execution or maintenance that creates turbidity and that directly or indiroctly affects the wansr quality of any waterway irtto which atoms water is discharged in such a manner as to exceed the limitations prescr in the Florida Administrative Code, is a violation of the water quality standards of the State of Florida, "t 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 I 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 titre 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 against JEA. 2.3.9. Sewage Spills [JEA -03343 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 -170- November 3. 2009 The Company shall take precautions to prevent sewage from contacting the ground. If sewage contacts the grotmd, the Company snail take appropriate measures to disinfect the area of the sewage release. If pooling sewage is observed, the Company shall vacuum remove the sewage, or remove the sewage by other means acceptable to the JBA 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 [JRA -C3411 If the Company's operations render any street or private way unsafe, the Company shall make such repairs or provide much temporary ways and guards necessary for the protection and safety of pars= on the Work and the public, and for the orderly maintenance of traffic. The Company shall always provide and maintain it hard - surfaced roadway for tmfflc. Where temporary detours of lanes are required, they shall be asphalt -paved by the Company, The Company may construct paving s eotion(s) appropriate to support t %Mc, provided the surface is smooth and the profile ressonable, and as s ariuimum, consists of 1 inch of bituminous structural course, over a 6 -inch Hinotmck base $sat was inspected and approved by the TEA Engtneer. Should any temporary pavement fall, 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 much repair by close of Work, the Company shall notify the Contract Administrator and provide an estimated time when repairs can be made. No repair Oneftames shall exceed 48 hours. Any damages, either direct or tndirect; resulting from such temporary pavement faflwos shall be the sole liability of the Company. All limerock 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 restotstM grassing operations. The area shall be backf ]led with material stockpiled on the Work Location that is conducive to growth of the plant material. All costa associated with this work shall be included in the associated line item in the Bid Document. 2.3.11. Traffic Signage [JEA -573) Costs mourred by the Contractor to provide new signage and pavoment markors, 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 sigaags and pavement markers in accordance witb the drawings and City Traffic Engineer's requirements. 2.3.12. Tree Protection [JEA -03451 The Company shall protect all trees, in accordance with applicable city and county laws, froth damage by vehicles, equipment and machinery, except those trees designated for removal (via permit) on the construction drawirgs. Removal of any tree not so designated nor permitted, shall be only upon specific approval by the TEA Engineer. Excavated dirt shall not be piled around the base of any tree not designated for removal, The Company shall not bury or burn any refuse around or new 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. 5{1 November 3, 2009 Prior to any site disturbance, barriers shall be put up around each tree to be protected. These basiers 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 least 6' away from the trunk of the tree and protect an area that is at Ieast 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 that &II 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 permitted. Should branches require pruning to provide for roadway or other necessary clearance, they shall use out back to a main stem or crotch of the tree. All outs shall be made at the beach 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 constnrctioa, all bark surrounding the wound shall be out away and carefully removed. Care shall be talcen'to leave as much cambium as possible. Any tree whose root system has been disturbed or damaged must be properly fiertilized to aid is its recovery. The hole or punch -bar method ahsM be used for applying fertilizer. The holes should be approximately 12" to 18" deep, 1 " to 2" in diameter, 2' apart; and extend 2' peat the drip line of the tree. The Company shall not apply fetilizer within 1 foot of the trunk of a small tree (up to 6" in diameter) or within 3' of the trunk of a large tree (over 6" in diameter). Ip jury to dw root collar and ttuak base may result. The type of fertilizer to.bcuaed shall be 25% organic 8 -s-8 with minor elements included. . Chemical analysis as follows: Total Nitrogen, not less than 8.00°/x; available Phosphoric Acid, not loss than 8,00 %, water soluble potash, not less than 8.000K. 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 Die. Hardwoods over 6" Dia. 4 lb. per inch of Dia. Evergreena up to 6" Dia. 1 lb. per inch of Die. Evergreens over 6" Dia. 2 lb. per inch of Dia. 2.3.13. Paving Removal and Replacement Add the following to Section 801, Items 9.I 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 wit be inspected 11 months after installation. Areas experiencing lit" or more total dip in any cross section gball 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 Sol, 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 performed, Example: 6" —10" and shall include an allowance for 6' length of pipe. Lengths beyond 6' shall he paid per the linear foot within the depth interval. 12" — 18" sewer pipes shall include an allowance for 10' 51 -172- November 3, 2009 latigth of pipe. Lengths beyond 10' shall be paid per the ]inear foot within the depth interval. All repair clamps, fittings, and street repair are included with the task. Payment shall be per the unit prices set forth. Point repairs for pipe sizes greateYthan Iti° shall be haadied by Supplemental Work Atithorization. Paint repairs developing as a result of the cleaning operation, shat] be the full responaibiliity of the CIPP Contractor. im the event the Contractor cannot correct the problem is 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 perform the work under contingency, should it be encountered during the performance of the Work. IBA is unaware of the existence of these conditions at this tine, but shall exercise the unit prices as required. 2.3.17. JEA Fixed Price Iteins A unit price allowance is included in the Bid Forma for select line items. These Sxed prices reflect usual and customary fees paid for these items on IRA projects. The unit price allowance shall constitute full compensation, for the items of work. .2.3.18. General Conditions Contract Lamp Sum Price shown for General Conditions on the Bid Form shall be compensation to complete the Work as requiredIn 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 pematage of the associated subtotal, 2.3.19. Sewage S Os The JEA recognizes that sewage may be released from pipes in the course of performing the Work. Contractor shall minimize the amount of sewage released into excavations by notifying affected parties (homeowners or businesses) of the service tnterruptim.pro- draining affected lines, huming pump station (non) operating statue, etc. Contractor shall take precautioxis to prevent sewage from oontaoting the ground. If sewage contacts the ground, Contractor shall take appropriate measures to distafect the affected area when the sewage release occurred. Whm pooling sewego•is observed, Contractor shall vacuum remove the sewage or remove the sewage by otbar meams acceptable to the JEA Inspactor and dispose of the sewage in accordance with environmental and public health regulations. This can include puipping to the nearest available sanitary manhole. Sanitary systems found plugged due to this type of pumping activity shall be claimed at the Contractor's expense. Contractor shall inform the IRA Inspector of spills which contact the ground estimated to be in excess of five gallons. Spills of less than five gallons which contact the ground shall be noted in the Contractor's field log book. Notification of Inspector does not mitigate Contractor's responslbiLity to take9corrective action. If Mk is fined as a result of a sewage spill associated with the Work, JEA may require Contractor to reimburse MA for the fine amount. 2.3.20. Response time The Contractor shall have a representative available to meet with Mh within (4) Hours notice to initiate an action plan for emergencies. As directed by JEA, the Contractor shall mobilize with manpower, equipment, and materials to perform most emergency work within 24 hours of the initial meeting. 3.1. Special Condttlons 3.1.1, Special Conditions are attached as Exhibit C and incorporated herein by reference. - 173 - November 3, 2009 IN WITMs WHEREOF, the parties hereto have duly executed this Contract, in duplicate, the day and year first above written. ATTEST: INSITUFORM TECHNOLOGIES, INC. By: By J' N e: o a n n S m it h _ Name: H. – nu clam Thom-B T Gontrae4Fn9 end ++a - +Ia9 T1t1s: VPRnwaiwl Officer ATTEST: TEA B l t By, t Name: ` 10 y Tale: GM Di cerement Services' - Gamper, rmouramint UDIRii[ I I hereby certify that the expeadtture 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:. G ?N. - 7 � Director Budget Setvicm Contract No. 82768 C • w W C f" (� Z`1 Log Perm A r d: � OSRee of One Counsel 53 -174- November 3, 2009 6. E CONSENT AGENDA November 3, 2009 P` CITY OF BOYNTON AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO.R09 -163 — Execute Modification Number Four to Subgrant Agreement with the State Division of Emergency Management to extend the Period of Performance from December 31, 2009 to July 31, 2010 (DCA Contract Number 07HM- 4 @- 10 -60 -02 -006, dated September 28, 2006 - FEMA Project 1545- 74 -R). EXPLANATION OF REQUEST: On September 1, 2009, the City Commission approved Modification Number three to the Subgrant Agreement with the State Division of Emergency Management to receive additional hazard mitigation grant funds to replace the sky roof panels in the City Hall lobby. Under the current agreement, the period of performance for this grant project ends on December 31, 2009. The awarded contractor, Specified Architectural Systems (SAS), estimates completing the construction phase of this project in 142 working days. In addition, the City must allow 65 days for inspections and closeout of the grant. The December 31, 2009 deadline does not allow sufficient time for project closeout. Modification Number Four lists July 31, 2010 as the new project closeout deadline. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The sky roof panels will be replaced by section, allowing a portion of the City Hall lobby to remain functional for the public. The contractor will work on Fridays, Saturdays and Sundays to limit disruption of services. FISCAL IMPACT: None. This is only an extension of the time to complete the project. ALTERNATIVES: None, as the above is based on Commission consideration of alternatives with the agreement to move forward as previously recommended. - 175 - November 3. 2009 RESOLUTION NO. R09 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE MODIFICATION NUMBER FOUR TO SUBGRANT AGREEMENT WITH THE STATE DIVISION OF EMERGENCY MANAGEMENT TO EXTEND THE PERIOD OF PERFORMANCE FROM DECEMBER 31, 2009 TO JULY 31, 2010; PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 1, 2009 the City Commission approved Modification Number three to the Subgrant Agreement with the State Division of Emergency Management to receive additional hazard mitigation grant funds to replace the sky roof panels in the City Hall lobby; and WHEREAS, under the current agreement the period of performance for this grant project ends on December 31, 2009; and WHEREAS, since the contractor estimates completing the construction phase in 142 working days and the City must allow 65 days for inspections and closeout of the grant, the December 31, 2009 deadline did not allow sufficient time for project closeout: and WHEREAS, the State has offered the City a grant modification that would extend the deadline for the closeout of the project to July 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor to execute Modification Number Four to Subgrant Agreement between the Division of Emergency Management and the City of Boynton Beach to extend the Period of Performance from December 31, 2009 to July 31, 2010. a copy of which is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2009. -176- November 3. 2009 CITY OF BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross -177- November 3, 2009 Agreement Number: 07HM- 4@- 10 -60- 02.006 Project Number: 1545 -74 -R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF BOYNTON BEACH This Modification Number Four is made and entered into by and between the State of Florida, Division of Emergency Management, ( "the Division "), and the City of Boynton Beach ( "the Recipient ") to modify DCA Contract Number 07HM4@- 10.60 -02 -006, dated September 28, 2006 ( "the Agreement "). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Recipient under the Hazard Mitigation Grants Program of $345,084.00; and WHEREAS, the Division and the Recipient desire to extend the term of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: I. Paragraph 3 of the Agreement is hereby amended to read as follows: This Agreement shall begin September 28, 2006, and shall end July 31, 2010, unless terminated earlier in accordance with the provisions of paragraph (12) of this Agreement. 2. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 4. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close -out report. The ending dates for each quarter of the program year are March 3I, June 30, September 30 and December 31. - 1 /0 1VVVC111Vcl J.:: -VV7 IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out below. RECIPIENT: CITY OF BOYNTON BEACH DIVISION OF EMERGENCY MANAGEMENT 0 Name and Title: Jerry Tayl Mayor By: Name and Title: Ruben D. Almaguer, Interim Director Date: Date: - 1 / 7 - ivvvcuiuci -), �/vv7 Attachment A (Revised) Budget and Scope of Work Scope of Work As a Hazard Mitigation Grant Program project, the Recipient, the City of Boynton Beach, will wind retrofit the City Hall Building located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, by purchasing and installing Exeter storm shield hurricane barriers forty one (41) window openings. if deemed necessary, wind protection will be provided on any other openings such as skylights, vents, louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code or Miami -Dade Specifications. All materials will be certified to meet the wind and impact standards of the current local codes. The local municipal or county building department will inspect and certify installation according to the manufacture specification. This is FEMA project 1545 -74 -R, funded under 1545- DR -FL. The Period of Performance for this project ends on July 31, 2010 Schedule of Work State Contracting: 3 Months Prepare Competitive Bid Process for Purchase Project Cost and Installation: 1 Month Award of Purchase and Installation Contract: 6 Months Verify Field Dimensions for Fabrication and $ 20.404.00 $ 15,303.00 Engineering Review: 6 Months Site Specific Engineering Submittal and Order $111,716.00 Administrative Cost: Materials: 6 Months Company Fabricates, Obtain Permits, Recv. Materials: 1 Month 5 Days Installation: 4 Months Kalwall Installation: 12 Months Punch -Out and Final Inspection: 3 Months Submit Project Close Out: 0 Months 14 Days Submit Reimbursement Request: 0 Months 14 Days Unpredictable Weather: 3 Months Total Period of Performance: 46 Months 3 Days Budget Line Item Budget` Project Cost Federal Share Local Share Materials and installation: $426,459.00 $319,844.00 $106,615.00 Fees Including Permits, Insurance: $ 20.404.00 $ 15,303.00 $ 5.101.00 Sub - total: $446,863.00 $335,147.00 $111,716.00 Administrative Cost: $ 0.00 $ 9.937.00 $ 0.00 Total: $446,863.00 $345,084.00 $111,716.00 " Any tine item amount in this Budget may be increased or decreased 10% or Less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. Funding Summary Federal Share: $335,147.00 (75 %) Local Share: $111.716.00 (25 %) Total Project Cost: $446,863.00 (100 %) Recipient Administrative Allowance up to $9,937.00. - IOU - 1VUIC111VC1 J. L.UV' The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or man made disaster. The funding provided by the Division of Emergency Management (DEM) under this subgrant is only intended to pay for the materials and labor for the installation of storm shutters and /or other hardening activities as a retrofit measure for the Recipient's building to reduce and /or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by DEM in no way confers or implies any warranty of use or suitability for the modifications made or installed. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. This project has not been evaluated as meeting the standards of the Department of Homeland Security, Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 367- Design and Construction for Community Shelter, It is understood and agreed by DEM and the Recipient that the building has vulnerabilities due to age, design and location which may result in damage to the building even after the installation of the mitigation measures funded under this Subgrant Agreement. it is further understood and agreed by DEM and the Recipient that this mitigation project is not intended to make the building useable as a shelter for the Recipient's staff or any other citizens in the event of any natural or man -made disaster. - 101 - 1VVVG111uca J, L.VV7 -182- November 3. 2009 6. F CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -164 — Approve and authorize signing of an Agreement for Water Service outside the city limits with Edner & Juliennise Vaillant for the property at 1148 Highland Rd, Lantana, FL. EXPLANATION OF REQUEST: The Vaillant's well has dried up and unable to produce water and is disconnected. They have no means of potable water and they are requesting that the City expedite this water service agreement. The parcel covered by this agreement includes a single - family home located in the Unincorporated Palm Beach County area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by the county a few years ago. (See location map). Water service areas have been designated between the county and the various local utilities. We are required to provide water to anyone within our service area when requested. Customers outside of the city limits pay an additional 25% surcharge. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service areas. - 183 - November 3, 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND EDNER AND JULIENNISE VAILANT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1148 Highland Road, Lantana, Florida (PCN: 00- 43- 45- 09 -08- 000 - 1010); and WHEREAS, the parcel covered by this agreement includes a single - family home located in unincorporated Palm Beach County portion of the City's utility service area; and WHEREAS, only potable water is available for connection to the property at this time due to recent water main improvements constructed by the County a few years ago. and WHEREAS, no additional construction will be required by the City to serve this property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Cormnission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Edner and Juliennise Vaillant, a copy of said Agreement is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor -194- November 3. 2009 Vice Mayor — Woodrow L. Hay Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross AT +TEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) -185- November 3, 2009 Water Service Agreements Outside the City of Boynton Beach Limits (Single Family Homes) TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS (SINGLE FAMILY HOMES) FROM: CITYOF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS I . Please, all blanks (other than signatures) are to be typed 2. Sign the agreement (on p.3) and the Power of Attorney form 3. Have all signatures properly notarized on both forms, including the full names inserted in the notary's statement. 4. Names in the blanks must match the owners' name as it appears on the deed. a Correct example: John R. Customer and Alice D. Customer o Incorrect example: John R and Alice D. Customer 5. Attach a survey and legal description (LABELED "EXHIBIT A "), or provide the property control number. 6. Provide the name and address information requested below. 7. Return all documents to this office. NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION METING. THE TIME SHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION MEETINGS. (THE COMMISSION MEETS ON THE IsT AND 3 TUESDAY OF EVERY MONTH) Sincerely, Peter V. Mazzella Deputy Director of Utilities Owners Warmation Owner's Name: Edner & Juliennise Vaillant Mailing Address: 1148 Highland Road Lantana Fl 33462 No. & Street City State Zip Code Telephone No.:_561 588 6237 Property Information: Address: 1148 Highland Road Lantana, F133462 No. & Street City State Zip Code Property Control Number (PCN) 00- 43- 45- 09 -08- 000 -1010 - 186- November 3, 2009 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ l.rL day of Q,� 200_, by and between Edner and Juliennise Vaillant hereinafter called the "Customer ", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City ". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are _1.8 Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City -187- November 3, 2009 Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 1 . Any rights- of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, successors and assigns, 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the - 198- November 3. 2009 event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) -189- November 3, 2009 Structural Detail Owner Name: VAILLANT EDNER PCN Number: 00- 43- 45- 09 -08- 000 -1010 Buildina Structural Data and Drawing are for the Current Tax Roil. 7111 Structural Element for Building 1 1.Ext erior Wall 1 CS STUCCO 2. Year Built 1958 Subarea and Sq. Footage for Building i 3.A it Condition Desc. NO HTG /AC No. Code Description Sq. Footage 4. Heat Type NONE 1. BAS BASE AREA 726 5.H eat Fuel NONE UST UNFINISHED 72 2 ' 6. Bed Rooms 1 STORAGE 7.Ful I Baths 1 3. UST UNFINISHED 24 STORAGE S. Half Baths 0 UCP UNFINISHED 9.Ext erior Wall 2 N/A 4 ' CARPORT 140 10. Roof Structure FLAT SFB SEMI FINISHED 11. Roof Cover ROLLED COMP S. BASE AREA 120 12. Interior Wall 1 PLASTER Total Square Footage : 1082 13. Interior Wail 2 N/A Total Area Under Air: 846 14. Floor Type 1 CARPETING I]r�YYiI 15. Floor Type 2 N/A 16. Stories i re Feature. Available d Land Informatic Built Exemption E File I information I EXgmptions _Cg_ I Employment I Ngw ome. Buyer Value AAu mgn - -- ve Ou�I�S nior Comer I Disclaimer Home I ktiss I GI4w-ry I FAQ I Forms 1 Con I PAPA © 2009 Palm Beach County Property Appraiser. Page 1 of 1 F�— http: / /www. co .palm- befth.fl.us/ papa /aspx/ web /detail_info2.aspx ?p_entity &Owne... 10/12/2009 - 190 - November 3. 2009 All Owner - All Owner(s) PCN Number: 00-43-45-09-08-000 Owner Names VAILLAINT EDNER & VAILLANT JIULIENNISE Page I of I http:llwww.co.paim-beach.fl.uslpapalaspxlweblallOwner.aspx?entityjd=0043450908O001010&Owner 10/12/2009 - 191 - November 3, 2009 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 2001. WITNESS: Witness Sigpidure w Printed, s Name Witn Signature 3 Printed Witness Name a .w - . t p Witnes S w itn mature < -e% 4n , K f Printeid WitneAs Name Witness i e Printed Witn ss Name AS OWNER(S): Owner Name Owner Signature Printed Owner Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF Ho r 'W ) ss: COUNTY 00 .1,1 i : i ey"r fl I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Count aforesaid to take acknowledgments, personally appeared f° Kf� -k ° � ns ), ( V I to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the ' dividual was personally known to me or provided the following proof of identification: H # ' day of #- WITNESS my hand and o cial seal in the County and State last aforesaid this ti? y -.t i k` l , 200 t k . NOTARY PRUCvZ' ATE OF FLORIDA I i. Catherine Cherry- Guberman (N otary Seal) Commission #DD792144 �.. Expires: MAY 27, 2012 i _„� satman rsxv err nNxcc aaranvuca, Svc. My Commission expires: Notary Publie"l , ;' `f l :€ r - _ a - 192 - November 3. 2009 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIIVIITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) ATTEST: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner, City Manager City Clerk Approved as to form: City Attorney STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and City Clerk .respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WTINESS my hand and official seal in the County and State last aforesaid this day of .200 . (Notary Seal) My commission expires: Notary Public SACAWGMTS1Water ServiceMater Service Agreement - Rev 1- 6-06.doc HA1990190G182.BBW.G1vMWater Service Agreement - Rev 1- 6- 06.doc -193- November 3, 2009 THIS INSTRUMENT PREPARED BY: James A Cherof, Esquhe Goren, Chard, Dandy and Eaol. P.A. 3099 East Comnwdel Blvd. State 200 Ft Lauderdale, FL 3330B IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF€� I/We, C R 3 l r l i.E.I. t h I.,$ N � h; # lCj f,-f hereinafter "Grantee ", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCN No. O J y' The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, E.. FLORIDA, shall commence and be in full force and effect on the 'v >�L day of 20 and the powers and authority shall be irrevocable by Grantee. -194- November 3. 2009 IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of in the year 20 Sealed and delivered in the presenc Print Name STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INS rt- I . r 20 lift P va /, — Owner S ignature T'ih-W,u!V15z- Vaill , loi I Print Name SS: - RUME NT was acknowledged bef e e this 444- day of by c _7L d �jse Ml m e this and who are known to me or who _have .,prDduced as identification and vft-didklid'� take an oath. -STATEOFFWRMA NOTARY PnLIC CatbedneCherry -Gubermn F Commissiori # DD792144 aY PUBLW e1&ph%: MAY 27,2012 I ' Co.,M. GND=MVA,rL=,R0"Wr Type or Print Name Commission No.­4f bb `A qq My Commission Expires: gg jjfk r A& S.NCA\AGMTS\Wau Swvice\power of atty.doc - 1-6-06 H.-\1990\900192.BB\AGMIVov�aofAttomey-Ind 1-6-06.doc - 195 - November 2009 Witness Si tyre �cq Print Nan3p Witne tj1r Print Name Witness Signalt(ke Print N7e Print Name STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INS rt- I . r 20 lift P va /, — Owner S ignature T'ih-W,u!V15z- Vaill , loi I Print Name SS: - RUME NT was acknowledged bef e e this 444- day of by c _7L d �jse Ml m e this and who are known to me or who _have .,prDduced as identification and vft-didklid'� take an oath. -STATEOFFWRMA NOTARY PnLIC CatbedneCherry -Gubermn F Commissiori # DD792144 aY PUBLW e1&ph%: MAY 27,2012 I ' Co.,M. GND=MVA,rL=,R0"Wr Type or Print Name Commission No.­4f bb `A qq My Commission Expires: gg jjfk r A& S.NCA\AGMTS\Wau Swvice\power of atty.doc - 1-6-06 H.-\1990\900192.BB\AGMIVov�aofAttomey-Ind 1-6-06.doc - 195 - November 2009 .... ....... . ............ ---------- 100434509080001010 Address Points Sewerlines Streets Parcels Buildings ........... - 196 - November 3, 2009 Edner Vaillant 1148 Highland Road ............. . ...... ...... ON . ..... Corgi : ............................ .......... ... ............ ...... ....... .... ....... . ............ ---------- 100434509080001010 Address Points Sewerlines Streets Parcels Buildings ........... - 196 - November 3, 2009 6. G CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/09 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL I SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ I PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -165 —Approve grant of easement to FPL FiberNet to install new cable and conduit at 300 West Woolbright Road. to service existing cell site facility located at Little League Park. EXPLANATION OF REQUEST: FPL FiberNet, LLC has requested a non - exclusive ten foot (10') easement on city property located at 300 W. Woolbright Rd., known as Boynton Beach Memorial Park (aka the Cemetery), for installation of a fiber -optic cable and fiber -optic encasement conduit and appurtenant equipment. This will allow for future expansion of cellular services on the existing cellular tower located at Little League Park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This installation will have no affect on city programs or services. The easement is located to the south side of the cemetery and will not affect burials. The Grantee will restore the Cemetery to the condition existing prior to the commencement of the work. FISCAL IMPACT: N/A ALTERNATIVES: Not to grant the easement. -197- November 3, 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING AN EASEMENT TO FPL FIBERNET, LLC., TO INSTALL FIBER -OPTIC CABLE AND FIBER -OPTIC ENCASEMENT CONDUIT ON REAL PROPERTY KNOWN AS 300 WEST WOOLBRIGHT ROAD, BOYNTON BEACH, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is the owners of real property more commonly referred to as 300 West Woolbright Road, Boynton Beach, Florida; and WHEREAS, FPL FiberNet, LLC., has requested a non - exclusive ten (10') foot easement on property located at 300 West Woolbright Road, Boynton Beach, Florida known as Boynton Memorial Park for installation of a fiber -optic cable and fiber -optic encasement conduit and appurtenant equipment which will allow for future expansion of cellular services on the existing cellular tower located at Little League Park; and WHEREAS, the City Commission upon recommendation of staff, deems it appropriate to grant an Easement to FPL FiberNet, LLC., a copy of which is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby grant an Easement to FPL FiberNet. LLC., to install new cable and conduit at 300 West Woolbright Road to service the existing cell site facility located at Little League Park. Section 3. That the City Clerk will record this Grant of Easement in the Public Records of Palm Beach County, Florida. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2009. - 198 - November 3. 2009 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) -199- November 3, 2009 Prepared by and Return to the following for Recording FPL FiberNet, LLC 9250 W. Flagler Street Miami. FL 33174 Attn: Marian Russell GRANT OF EASEMENT THIS GRANT OF EASEMENT ( "Easement's is hereby made this day of 2009, by City of Boynton Beach, Florida with an address of 100 E. Boynton Beach Blvd., Beach, FL 33425 ( "Grantor "), to FPL FiberNet, LLC, a Delaware limited liability corporation Boynton , with an address of 9250 West Flagler Street, Miarnt, FL 33174 ( "Grantee" also referred to herein as "FiberNet "). WITNESSETH: WHEREAS, Grantor is the fee simple owner of certain real property more commonly known as 300 Woolbright Rd., Boynton Beach, FL and more particularly described in that certain deed recorded in the Official Records of Palm Beach County Florida as Folio #08- 43- 45- 33 -23- 001 -0000 (the "Property "): and WHEREAS, FiberNet has requested that Grantor grant it a non - exclusive easement to install fiber -optic cable and fiber -optic encasement conduit and appurtenant equipment on the property and improvements ; and WHEREAS, Grantor is agreeable to providing FiberNet a non - exclusive easement on the terms and conditions as set forth herein. NOW, THEREFORE, in consideration of the foregoing premises, payment of the sum of One dollar ($1.00) by Grantee to Grantor, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee, for themselves, their heirs, successors and assigns. agree as follows: 1. Grantor hereby grants to FiberNet, its successors and assigns a non - exclusive easement ten (10) feet in width, for the duration of any Cellular Carrier Lease that is using FiberNet as their telecommunications provider, on, over, under, across and through the Property and improvements thereon at the locations more particularly shown on the attached Exhibit "A " to this Easement (which Exhibit is incorporated herein as fully as though set forth at length) (the Easement Area), for the purpose of constructing, operating, inspecting and maintaining, underground cable and conduit and adjacent areas of the improvements to the fiber -optic cable and fiber -optic encasement conduit and appurtenant equipment (the "Facilities "), to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the size of and remove, with written consent of the City, such fiber -optic facilities solely within the Easement Area. The Grantee will perform this work in a timely manner and the Easement Area will be restored to the condition existing prior to the commencement of its work. 2. Upon completion of construction and FiberNet s receipt of "as- built'' plans for installation of the cable and conduit by FiberNet this Easement shall be amended to replace Exhibit "A" with the "as- built" plans. 3. FiberNet will keep and maintain its Facilities located within the Easement Area in good condition at all time, and in compliance with all applicable laws and regulations (now existing or hereinafter adopted). FiberNet shall repair any damage it causes within or outside the Easement -200- November 3. 2009 Area caused by the installation or removal of FiberNet's Facilities within the Easement Area. Upon termination of this Easement, FiberNet shall, at FiberNet's expense, remove any improvements it constructed or installed located within or outside the Easement Area. 4. FiberNet agrees, at its sole cost and expense, throughout the term of this Easement, to carry and maintain comprehensive public liability insurance against claims for personal injury, death or property damage, arising out of or from its negligent or intentional misconduct in use of the Easement Area. So long as this Easement is in effect, FiberNet shall continuously maintain all such insurance in full force and effect. 5. Grantor shall not bear or assume any liability whatsoever resulting from or arising out of Grantee's use and occupancy under this Easement Agreement. Therefore, unless caused by Grantor's negligence or intentional misconduct, FiberNet, its successors and assigns, agrees to indemnify and hold harmless Grantor and its directors and members of and from any and all liabilities, claims, demands, causes of action, actions, suits, damages, judgments and expenses ( "Claims ") which are in any way related to or arise out of Grantee's use and occupancy under this Easement, the use of the Easement Area by FiberNet and the activities of FiberNet hereunder or for anyone whose acts or omissions Grantor is liable, and all reasonable expenses related thereto including, without limitation, court costs, reasonable attorney's fees and any and all costs incident thereto. IN WITNESS WHEREOF, the undersigned with fully authority to do so, has caused this Easement to be executed as of the date and year first set forth above. Signed, sealed and delivered in the presence of: Print Name: Its: Print Name: STATE OF FLORIDA ) )ss: COUNTY OF ) City of Boynton Beach, a local government agency Print Name: ACKNOWLEDGMENT On this day of public, personally appeared (title) of personally known to me to be the person who subscribed to the foregoing instrument or who has produced 2009, before me, the undersigned notary -201 - November 3, 2009 as identification, and acknowledged that he /she executed the same. for the purposes stated therein with due authority to do so. IN WITNESS WHEREOF. I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: My Commission Expires: -202- November 3. 2009 Signed, sealed and delivered in the presence of: Print Name: Print Name: FPL FiberNet, LLC, a Delaware limited liability corporation Print Name: Its: ACKNOWLEDGMENT STATE OF FLORIDA ) )ss: COUNTY OF On this day of public, personally appeared 2009, before me, the undersigned notary (title) of FPL FiberNet, LLC, a Delaware limited liability corporation, personally known to me to be the person who subscribed to the foregoing instrument or who has produced , as identification, and acknowledged that he /she executed the same, for the purposes stated therein with due authority to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: My Commission Expires: - 203 - November 3, 2009 Exhibit "A" Easement Ana See attached sketch and descri -204- November �_ 2009 MWTnWAIZ LEGA DESCRIPTION SKETCH AND DESCRIPTION for: FPL FIBERNET, LLC A 12 FOOT WIDE UTILITY EASEMENT LYING IN A PORTION OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA: BEGINNING AT THE SOUTHEAST CORNER OF BOYNTON BEACH MEMORIAL PARK PLAT 2. AS RECORDED IN PLAT BOOK 108. PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE WEST RIGHT OF WAY LINE OF SEACREST BLVD; NORTH 89'59'50" WEST, A DISTANCE OF 607.07 FEET TO A PONT ON THE EAST LINE OF THE PLAT OF BOYNTON BEACH MEMORIAL ADDITION NO. 1 AS RECORDED IN PLAT BOOK 30, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; THENCE SOUTH 00'57'26 EAST, A DISTANCE OF 150.03 FEET; THENCE NORTH 89'5938" WEST, A DISTANCE OF 1275.22 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SW 3RD STREET; THENCE ALONG SAID RIGHT OF WAY LINE, PROCEED NORTH 01 WEST, A DISTANCE OF 10.01 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE PROCEED SOUTH 89'59'38" EAST, ALONG A LINE 10 FEET NORTH OF AND PARALLEL TO THE SOUTH BOUNDARY OF BOYNTON BEACH MEMORIAL ADDITION NO. 1, A DISTANCE OF 1265.37 FEET; THENCE PARALLELING THE EAST LINE OF BOYNTON BEACH MEMORIAL ADDITION NO 1, NORTH 00'57'26" WEST, A DISTANCE OF 145.03 FEET; THENCE SOUTH 89'59'50' EAST, PARALLELING THE SOUTH LINE OF BOYNTON BEACH MEMORIAL PARK PLAT NO. 2, AS RECORDED IN PLAT BOOK 108, PAGE 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 617.15 FEET TO THE WEST RIGHT OF WAY LINE OF SEACREST BLVD; THENCE SOUTH 03'20'52" WEST, A DISTANCE OF 5.01 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. SAID LANDS CONTAINING 17,239 SQUARE FEET, MORE OR LESS. NOTES: 1.) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2.) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3.) THE BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF NORTH 89'59'50" WEST, AND REFER TO THE SOUTH LINE OF BOYNTON BEACH MEMORIAL PARK PLAT 2, AS RECORDED IN PLAT BOOK 138, PG 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4.) THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5.) THIS IS NOT A BOUNDARY SURVEY. 6.) NOT VALID WITHOUT SHEET 2 OF 2. CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BEUEF. AND INFORMATION AS DELINEATED UNDER MY DIRECTION ON SEPTEMBER 10, 2009. 1 FURTHER CERTIFY THAT THIS SKETCH OF ,DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 6lG17 -6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, SUBJECT TO rME QUALIFICATIONS NOTED HEREON. KEITH AND SC S, P.A. ENGINEERS — PLANNERS — SURVEYORS N W q& COPY RIGHT Q 2009 BY: ROBERT N. JOHNSnN DATE OF SIGNATURE ALL RIGHTS RESERVED PROFESSIONAL SURVEYOR & MAPPER KEITH & SCHNARS, PA FLORIDA REGISTRATION NO. 6540 (FOR THE FIRM) KEITH and SCHNARS, P,A. FPL FIBERNET LLC ° BQNMS — I-LMMM — SURUr: = SCALE N A Iwo wt pwt cx �M -32 LI u.�. one., 4 0 5 FIELD eK. NIA Palm Beach County, Florida 2 . 2 an.m su - zt+. su s24s pydG. BY RNJ SHEET N0.? OF 2 SHEETS File : W337 CHK. BY SAW PROJECT NO. 17858 1785E.00 FPL FiBERNE7 (BOYN70N) 2009 SKETCH AND DESCRIPTION for: FPL FIBERNET, LLC SW 3RD ST 50' RIGHT OF WAY 501'48'22 "E 10.01' EAST RIGHT OF WAY UN O Ci +s7 I az _ � O A O= za ° o y z� z* 0 N tR r z p r s �. z a r+ r O a� 3 ° o � K O zo � zY 0 � s � n 2 O LU 9 Ln W co m 1 0) i t rn W I o O NOO'57'26 "W 145.03' S00'57'26 "E 150.03' � 503'20'52 "W W m n 0 P.O.B. POINT OF 9WNNNG P.o.C. PONT OF COMMENCEMENT a Z zc �n z = s CT m z " o = 00 O �TI Z m A rn s� to m a r m a) Z '� r•1 t0 o Z KEITH & SCHNARS, P.A. GRAPHIC SCALE NOT VAUD 1MTHOUT SHEET 1 OF 2. for: z o i DATE z C7 ` SO m L r SKET K AND DESCRIPTION KOH and SCHNAM, P.A. ~= co FPL FIBERNET LLC ° Nmmn - PuNRLRS - SIMHEYWIS 1880 SE LrHyt. DO.., SWte 202. O LEGEND p a q CENTER UNE p _ L.B. uCENSED BUSINESS Pat SL Ruda. FL 3405? P1,072 323 - 2244 Fr. m -323 - 2245 File: 'B 'a" 17858.00 FPL FIBERNET (BOYNMN) O.R. OFFICIAL RECORDS BDOK I L y P.B. PLAT BOOK - -r 3 PRPBC PUBLIC RECORDS OF PALM BEACH COUNTY J PG. PAGE z P.L.S. PROFESSIONAL LAND SURVEYOR 1 W-0 rnz O q -0 0 R N O m� r*I � NORTH STALE' I = 50' � m m o z �vz e �s uzA 4 -z = �O� `s n r M 503'20'52 "W 0 P.O.B. POINT OF 9WNNNG P.o.C. PONT OF COMMENCEMENT a Z m g �n z p O �r,(� s CT O �TI Z m A rn 00 m a r m a) Z 00 Z Z o Z KEITH & SCHNARS, P.A. R/W RlcKr- of -wAY 503'20'52 "W P.O.B. POINT OF 9WNNNG P.o.C. PONT OF COMMENCEMENT 5.01' P.O.T. POINT OF TERMINUS S E A C R E S T BLVD 8 _ m 0 25 50 COPY RIGHT © 2009 ALL RIGHTS RESERVED NOTE: THIS is NOT A aouNDARY SURVEY. KEITH & SCHNARS, P.A. GRAPHIC SCALE NOT VAUD 1MTHOUT SHEET 1 OF 2. for: DATE R EIASIONS SKET K AND DESCRIPTION KOH and SCHNAM, P.A. DATE 9/10/2009 FPL FIBERNET LLC ° Nmmn - PuNRLRS - SIMHEYWIS 1880 SE LrHyt. DO.., SWte 202. SCALE -!:=- Palm Beach County, Florida FIELD SK. N/A Pat SL Ruda. FL 3405? P1,072 323 - 2244 Fr. m -323 - 2245 File: 'B 'a" 17858.00 FPL FIBERNET (BOYNMN) DWG. BY RNJ CHK. BY SAW SHEET NO. _2 OF 2 SHEETS PROJECT NO. 17858 ?009 -207- November 3, 2009 = CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ I CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -166 — Approve Amendment #1 to Task Order No. U04 -08 -10 with Globaltech, Inc to provide Design- Build services to evaluate and replace media in Filter #1 at the East Water Treatment Plant in the amount not to exceed $215,375.. EXPLANATION OF REQUEST: Globaltech, Inc. has been working on a preliminary design report for the East Water Treatment Plant to ascertain the requirements to bring the rated capacity of the plant up to the levels required in the City's long -term water supply plan. During the course of the investigation, it has been determined that Filters # 1-4, which were installed in 1989, are not achieving their designed capacity. The purpose of this amendment is to remove the existing filter media from Filter #1, examine the condition of the underdrains and make necessary repairs before replacing the media. The repairs may take the form of cleaning the underdrains or, if there is serious damage, actual replacement. The task order identifies separate allowances for each eventuality which will be released by City Staff following review of the condition report after the inspection phase is completed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Commission has previously approved the long term water supply strategy which includes the installation of a pipeline from the Western Wellfield to the East Treatment Plant in order to maximize the installed capacity of that plant. This is one of the mission critical projects currently being implemented by the Utility. The identification of the work needed to bring the East Water Plant up to the desired capacity is an essential part of the overall project. The upgrade of the plant must be completed by the time the new pipeline is constructed or at the latest by 2013 due to the provisions of the Consumptive Use Permit from the SFWMD. -208- November 3, 2009 FISCAL IMPACT: The total value of this task order amendment is not to exceed $215,375 of which $21,125 is for the associated engineering work and the remainder for the actual filter media removal and replacement. The sum also includes two allowances which total $98,200 for either repair or replacement of the underdrains. Funds for this work will be provided from account #403- 5000 - 590 -96 -02 WTR112. ALTERNATIVES: The alternative would be to not undertake the inspection. This would potentially either result in failure to obtain the required rated capacity from the Dept. of Health or lead to potentially costly change orders when the upgrade project is underway. - 209 - November 3. 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO TASK ORDER. NO. U04 -08 -10 IN AN AMOUNT NOT TO EXCEED $215,375.00 TO GLOBALTECH, INC., TO PROVIDE DESIGN BUILD SERVICES TO EVALUATE AND REPLACE MEDIA IN FILTER #1 AT THE EAST WATER TREATMENT PLANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Globaltech, Inc., has been working in a preliminary design report for the East Water Treatment Plant to ascertain the requirements to bring the rated capacity of the plant up to the levels required in the City's long term water supply plan; and WHEREAS, the purpose of this amendment to task order is to remove the existing filter media from Filter #1, examine the condition of the underdrains and make necessary repairs before replacing the media; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize execution of Amendment No. 1 to Task Order U04 -08 -10 in an amount not to exceed $215,375.00 to Globaltech, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to execute Amendment No. 1 to Task Order U04 -08 -10 in an amount not to exceed $215,375.00 to Globaltech, Inc., to provide Design Build services to evaluate and replace media in Filter #1 at the East Water Treatment Plant, a copy of which is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2009. -210- November 3, 2009 C ITS' OF BOYNTON BEACH. FLORID,, Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 211 - November 3.. 2009 Globaltech, Inc. Task Order No. U04 -08 -10 — Amendment 1 Preliminary Design Report To Increase the Capacity of the East Water Treatment Plant Design Build Services to Evaluate Filter and Replace Filter Media in Filter#1 A. Background The City of Boynton Beach (CITY) will be making improvements to the East Water Treatment Plant (WTP) to increase its capacity. Currently, a Preliminary Design Report (PDR) is being prepared by Globaltech, Inc. to identify improvements to be made to increase the plant capacity. Filter tests conducted under the PDR project has identified that the west filter bank (Filters #1 through #4) are not currently able to perform to their original design capacity of 3 gpm per foot. The reason for the reduction in filter capacity is unknown at this point and will require additional investigation which is beyond the scope of the PDR. The reason for the reduced capacity could range from clogged underdrain or gravel, undersized underdrain, debris in filter, faulty hydraulics, or calcification of media which will require the media in the filter to be removed. In order to determine the reason for the lower capacity in Filters #1 through #4, the filter media will need to be removed to check the condition of the gravel and underdrains. The CITY desires to inspect and rehabilitate Filter #1 to assess the general condition of Filters # 1 through #4. The filter media for Filter #1 shall be removed and replaced and the filter shall be inspected. The media will be replaced as it is estimated to be 20 years old. Plant staff cannot recall the filter media ever being replaced or the underdrain inspected since the filters were modified in 1989. After Filter #1 has been inspected and rehabilitated, it can then be tested to determine if it can operate at a higher capacity. This would indicate if the remaining filters could be operated at higher capacity if they were also rehabilitated. The CITY has requested that Globaltech, Inc (DESIGN- BUILDER) provide engineering and construction services to remove and replace the media (gravel, sand, and anthracite) in Filter #1. In addition, the DESIGN - BUILDER will also inspect the condition of the existing gravel and underdrain in Filter #1. It is currently assumed that the underdrain orifices will be slightly plugged with calcium carbonate and are to be drilled out during the media replacement. However, if the underdrains are determined to be in worse condition, the existing underdrains could be replaced by the DESIGN - BUILDER with a similar style underdrain constructed of plastic if replacement is approved by the CITY as accessed through an allowance. The replacement underdrains shall be manufactured by Leopold, Roberts, or Tetra. This Amendment 1 to Task Order No. U04 -08 -10 provides authorization for Globaltech, Inc., to perform the requested evaluation and replacement services. The original Task Order was approved by the City Commission on December 10, 2008. -212- November 3, 2009 TASK ORDER Nu. U04 -08 -10 - Amendmem 1 B. Scope of Services Task I — Filter Evaluation The filter inspection and evaluation shall consist of the following: • During filter media removal, the DESIGN - BUILDER shall visually inspect the condition of the media for calcification and debris that may reduce the capacity of the media. • After the filter media is removed, the DESIGN - BUILDER shall evaluate the condition of the underdrains to determine if the orifice hole size has been reduced. A series of short filter backwashes will be required to evaluate the underdrain without media. • The DESIGN - BUILDER shall probe the orifice holes for signs of debris. If the extremely small size of the orifice hole will allow a camera inserted, the DESIGN - BUILDER shall also televise the underdrain if possible. • With the assistance of the CITY and their pipeline camera, DESIGN - BUILDER shall remove the 16" x 10" tee connecting the backwash supply line to the underdrain channel of one filter section to inspect for accumulation of calcium or debris inside the channel. The second section will be assumed to be in a similar condition and its piping shall not be disassembled for televising. • After the media has been replaced, the CITY shall operate the rehabilitated filter at the original loading rate and at higher loading rates to be determined by the DESIGN - BUILDER. Data from the filter loading tests provided from the CITY shall be evaluated by the DESIGN - BUILDER. Observations collected from the evaluation of the underdrains will be presented to the CITY in a conditional assessment. The summary will make recommendations regarding repair or replacement of the filter underdrains and the cost associated with the proposed alternatives. CITY staff will then provide direction and authorization for DESIGN - BUILDER to move forward with the repair or replacement of the underdrains and provide a separate authorization to access all or a portion of the funding associated with the allowances included in the Section C - Assumptions. Task 2 — Media Replacement The DESIGN BUILDER shall provide the following services to remove and replace the filter media in the two sections of Filter #1. • Prepare specification for new filter media for CITY's review • Remove the existing gravel, sand, and anthracite by vacuuming the media out with a Vac Truck. Removed media will be transferred on site to the existing sludge storage area for ultimate disposal by the CITY. • Pressure wash the two filter sections. • Drill out the filter underdrain holes as required. 2of6 - 21; - November 3, 2009 TASK ORDER No. U04 -08- ]0 —Amendment l • Furnish and install new replacement media in layers consistent with proper media installation techniques. • Disinfect filter media as required to place back in service. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of work and associated fee. Changes and/or modifications in the above work items, or these assumptions, are considered an Additional Service Item under the terms of the contract. • Should the underdrain be damaged and need repair a $10,000 allowance has been set aside to be used as approved by the CITY. The existing clay underdrain is no longer manufactured; therefore, a repair may involve fabrication of new material to be used. • Should the underdrain be determined to be in need of replacement, an $88,200 allowance has been set aside to be used if needed as approved by the CITY. This allowance assumes $50,000 for underdrains, $10,000 for underdrain hardware and accessories, and a 2 week installation period from receiving the underdrains. • The DESIGN - BUILDER will provide an on -site sanitary facility for the duration of the proj ect. • The DESIGN - BUILDER will coordinate deliveries and unload media with their equipment. • The CITY will televise the underdrain with the DESIGN - BUILDER assistance and provide video for the DESIGN - BUILDER to evaluate. • The CITY will provide operation staff to assist the draining/filling and backwashing of the filter with water as necessary for the removal and installation of media. • The CITY will provide lay down area for storage of media and equipment on the East WTP site as required for the work. • The CITY will operate equipment as necessary for the operational testing and gather test parameters as requested. • The CITY will provide for the ultimate disposal of the removed filter media. • The CITY will conduct bacteriological testing to determine when the filters are cleared for service after media has been replaced. • Project does not require bonding. 3 of 6 -214- November 3, 2009 TASK ORDER No. U04-08-10 — Amendment I D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Consulting and Engineering Services dated February 19, 2008 between the City of Boynton Beach and Globaltech, Inc. It will serve to amend Task Order U04 -08 -10 which was approved by the City of Boynton Beach on December 10, 2008. E. Additional Services The following are examples of some specific Additional Service Items that may be required, but are not included within this Task Order. Generally, a condition contrary to the work described in Section B or assumptions of Section C (upon which the fee is based) is considered an Additional Service Item. Examples include: • Filter underdrain repair — Allowance provided if required. • Filer underdrain replacement — Allowance provided if required. • Filter concrete wall repair. • Filter spray wash system repair or modification. • Rehabilitation of remaining filters These and other services can be provided, if desired by the CITY, under separate Task Order or by an amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. F. Compensation Compensation by the CITY to Globaltech for all tasks will be on a lump sum basis in accordance with the above - mentioned Agreement and as shown in the Table below. Individual task limits will not be exceeded without prior written authorization from the CITY. Work completed by Globaltech will be invoiced monthly on a percent complete basis. The compensation for the services described in this Task Order Amendment is $215,375.00 which includes a base amount of $117,175.00 to remove and replace the filter media for Filter I and provide an assessment of the underdrains, and an allowance of $10,000.00 for the repair of the underdrain or an $88,200.00 allowance for replacement of the underdrains for Filter 1, if necessary. Original Task Order Budget $99,580.00 Amendment 1 (including Allowance 1 & 2) _ $215,375.00 Revised Task Order Budget $314,955.00 4of6 -215- November 3. 2009 TASK ORDER No. U04 -08 -10 - Amendmcnt I Table 1: Com ensation Table for Task Order No. U04 -08 -10 - Amendment 1 S� [f .�+t� � =SNTf t� },ry� aii��y,. ' r.;... .t:.,,]},�.Jv y � YP !/ Y� i_ _ , t,�u S ��,, �:y�r.r, #��„TGti.! „+�":4� "�ltP.1;�. .1"I' � � 5 1'^P-'xn A, .1c h'1. or 3.4)K�f� i 1QA[IQQ e R� "74g$p, m k � �_ , ��, H YkYY'v8k St ! ". w�. ,+i" Y�' „ ?�., Ba` § ♦:e..� ..VStSXP�: Underdrain Evaluation Senior Engi 24 $130 $3,120 $100 $3,220 Project Engineer 16 $85 $1,360 $100 $1,460 Preparation of Technical Memorandum Senior Engineer 24 $130 $3,120 $50 $3,170 Project Engineer 4 $85 $340 $50 $390 Administrative 2 $55 $110 $110 Filter Media Inspections Senior Engineer 16 $130 $2,080 $100 $2,180 Project Engineer 24 $85 $2,040 $100 $2,140 Task 1 - Subtotal $12,670 :l. H�' #F#, T'R .GhBJ!'iMY �y'+„1FY1L� , RC lTk lace y �#? Y'fpxY Nl mil' °meQ ,' t. `e 4 .Aal 4 3�F}'lT 71P•G4 Media Specification Senior Engineer 4 $130 $520 $520 Project Management, General Conditions, Scheduling, Mobilization, and Demobilization Senior Project Manager 20 $120 $2,400 $2,400 Project Engineer 10 $85 $850 $850 Const. Super. NE08 50 $90 $4,500 $4,500 Const. Worker NE05 20 $48 $960 $960 Const. Worker NE03 20 $34 $680 $680 Administrative 8 $55 $440 $440 Media Replacement, Pressure Wash Filter, Drill Underdrain Orifice Holes, Assist with Televising Underdrain Channel Senior Project Manager 20 $120 $2,400 $2,400 Project Engineer 12 $85 $1,020 $1,020 Const. Super. NE08 92 $90 $8,280 $8,280 Const. Worker NE05 140 $48 $6,720 $6,720 Const. Worker NE04 140 $40 $5,600 $5,600 Const. Worker NE03 90 $34 $3,060 $3,060 Const. Worker NE02 120 $26 $3,120 $3,120 Administrative 15 $55 $825 $825 Port-a -let (2- months) $390 $390 Combination (2- months) $3,800 $3,800 Vac Con Subcontractor $10,700 $10,700 Crane Subcontractor $9,500 $9,500 Filter Media $37,840 $37,840 Miscellaneous Tools/Consumables $500 $500 Fuel $400 $400 p Task 2- Subtotal TO` - i al 7 rZ71 $104,505 Allowance I (Repair Clay Underdrain) $10,000 $10,000 Allowance 2 (Replace Underdrains for Filter I ) $88,200 $88,200 5 of 6 -216- November 3, 2009 ----- ------------------- ---- --- - G, Sdhedule The CONSUL TAN' will cc,: unence work upon i c-Cipt aa:ctl,arizst on. ?z e "I able below shows the proposed ,( Etale : fable 2•: SchedaileTablefor Task Order No. U04-08-10 - Amendweist.1 N'Ted i�L�Relac 16 Week fTorq Tfl ----------------------- Filter Evaluation i s week, — - — - - --------------- ------------ - ---- - ----- Allowan-c, itonis if necessary will reclifire an aulditional "' 10 4 -,Ve&S of tare aft0l' Illatle-•ialS are ived on site .for the -,v ID XTYED t if iizs lhiv c1l -------------- C ITY Or" BOYNITON BEACH - - - --------------- ------- Kwl Bressner, City. Nklanapr e -S uA; Ahient i c CiIy C Approved as to Forin: Ullille Of Me t"lly - AR0113eY - ILOBALITCH, INC . .. . ............. . ........ 'Chl, P �E., Secretary F, umal ! (corpul &-"I ' l A ttest"; il thent i cal od - ----------- ----------- - �` Notary 2 1 7 November 3. 2009 6. 1 CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -167 — Approve and authorize the execution of a three year contract with an option to renew for two additional one year periods for PENSION CONSULTING SERVICES RFP # 050 - 1410- 09 /JA, with The Segal Company, Inc. of Atlanta. Georgia. EXPLANATION OF REQUEST: The City maintains an open contract with qualified actuaries to provide independent Pension Consulting Services to the City Commission and /or City Manager in connection with its three (3) Defined Benefit Retirement Plans. 1. Firefighters' 2. Police Officers' and 3. General Employees. This actuarial firm acting as a consultant is independent of the actuary representing each Plan in order to provide a second opinion, where warranted, of matters recommended to the City Manager and / or the City Commission by each Plan. Proposals were received from three firms and a three - person Evaluation Team ranked the firms as follows: 1. The Segal Company, Inc. 2. Bolton Partners, Inc. 3. Milliman, Inc. The Segal Company has performed independent consulting services most satisfactorily for the City in the past and staff recommends them as the most responsive proposer. -218- November 3, 2009 The following are tasks that the consultant may be asked to complete for any one or all of the City's three defined benefit plans. The consultant will also act in an advisory capacity to City management on other matters that arise relevant to the pension plans. 1. Review the existing plan design and general management of the plan to insure the long- term stability of plan assets and make recommendations for change, if needed. 2. Review the existing benefit structure and make recommendations for change, if needed, for such items as the Funding Rate, the Pension Multiplier, the Cost of Living Index, and the Pension Maximum. 3. Review current actuarial assumptions and funding levels to ensure the long -term solvency of the Plan(s), for such items as the Current Methodology, the Pros and Cons of Smoothing, Interest Rate Assumptions, and the Unfunded Liability of each Plan. 4. Provide analysis of current DROP provisions of each Plan and make recommendations for change, if needed. 5. Provide a written report of findings and recommendations for changes based on the review of each plan. 6. Provide continuing fee proposal for ongoing supplemental actuarial and financial analysis to any proposed Plan amendment submitted to either the City Manager or the City Commission. 7. Provide contingency plan for Plan closure and /or conversion to defined contribution plan. 3. Meet with City Commission and Board of Trustees of each Fund to explain any finding or recommendations, if needed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no direct impact to City programs or services. However, this contract enhances the review of the City's Annual Required Contribution to our pension plans impacting required budgetary increases that can indirectly affect City programs and services. FISCAL IMPACT: The cost of the consultant services will depend upon the scope of services authorized when and if needed. As an example, for those services noted (See 1 — 4 above), the estimated consulting fee ranges from $3,000 - $5,000 per Plan depending on the scope of services agreed upon. ALTERNATIVES: Not to maintain an independent actuarial consulting firm. - 219 - November 3. 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #050- 1410 -09 /JA TO THE SEGAL COMPANY FOR PENSION CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR CONSULTANT AGREEMENT BETWEEN THE PARTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services opened and tabulated three (3) proposals to the RFP "Pension Consulting Services "; and WHEREAS, after review and evaluation by the three- person evaluation team it has been determined by staff to recommend award of this RFP to The Segal Company of Atlanta, Georgia whose RFP was overall responsive and responsible proposer; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the award of RFP 4050- 1410 -09 /JA to The Segal Company of Atlanta, Georgia, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of RFP #050 - 1410 -09 /JA to The Segal Company of Atlanta, Georgia, for Pension Consulting Services. Section 3. That the City Manager is hereby directed to execute a three (3) year Consultant Agreement with the option to renew the Agreement for two (2) additional one (1) year periods for Pension Consulting Services between the City of Boynton Beach and The Segal Company of Atlanta, Georgia, a copy of which is attached hereto. Section 4. That this Resolution shall become effective immediately. -220- November 3, 2009 PASSED AND ADOPTED this day of November. - 1 009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - - November 3. 2009 CONSULTANT AGREEMENT FOR PENSION CONSULTING SERVICES FOR THE CITY OF BOYNTON BEACH THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and The Segal Company, Inc. hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant services in connection with the project designated PENSION CONSULTING SERVICES. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. i. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. TERM: This Agreement shall be for a period of three (3) years commencing on the date the Agreement is executed by the City, subject to earlier termination as set forth in Paragraph 15 herein below, with an option to renew for two (2) additional one (1) year periods subject to consultant acceptance, satisfactory performance and determination that renewal will be in the best interest of the City of Boynton Beach. 5. PAYMENT. The Consultant shall be paid by the Provider /City for completed work and for services rendered under this agreement as follows: a. The total contract price, as referred to herein, shall be the total amount of payment to consultant for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Consultant shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Consultant shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Consultant may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. d. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. - 222 - November 3 . 2009 f. The Consultants records and accounts pertaining to this agreement are to be kept available I'Or inspection by representatives of the City and State for a period of three ( i years after the termination of the Agreement. Copies shall be made available upon request 6. OWNERSHIP AND USE OF DOCUMENTS. All documents.. drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies. of drawings and specifications for information, reference and use in connection with Consultants endeavors. In the event that Consultant claims that any such document contains trade secrets or proprietary information as may be defined by Florida Statutes and thereby exempt from public disclosure under Chapter 119. Florida Statutes, Consultant must expressly identify each such document and clearly state the nature of such exemption. In the event that a public record request is made for any documents or records so identified by Consultant, City shall notify Consultant and afford Consultant the opportunity to take any and all legal measures necessary to prevent the disclosure of such documents. Consultant shall undertake such legal efforts in a timely fashion and in such a manner so as not to subject the City to any claims of violating the Florida Public Records Laws. Moreover. in asserting its claim to protect its proprietary information or trade secrets. and a legal claim is made by Claimant relating to such records, Consultant agrees that it shall hold the City harmless and indemnify the City from any and all damages or claims pertaining to any violations of the Florida Public Record Laves. 7. COMPLIANCE WITH LAWS. Consultant shall. in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against that portion of any and all claims, losses or liability. or any portion thereof, including attorneys fees and costs, arising from injury or death to persons. including injuries, sickness, disease or death to Consultants own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1.000,000 per occurrence and $1,000.000 aggregate for personal injury; and $1,000,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1.000.000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability certificate of insurance shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except after insurer provides thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. November 3. 2009 11. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 Notices to Consultant shall be sent to the following address: The Segal Company, Inc. 2018 Powers Ferry Road. Suite 850 Atlanta, Ga 30339 -224- November 3, 2009 Attn: Leon F..loyner, 1r. 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of CITY OF BOYNTON BEACH CONSULTANT 20 City Manager Attest/Authenticated: Consultant Title City Clerk Approved as to Form: (Corporate Seal) Attest /Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 Scope of Services EXHIBIT "A" - 225 - November 3. 2009 -226- November 3, 2009 0 CITY OF BOYNTON BEACH Proposal - Bid Selection Committee. Ranking Form RFP - Bid Number 3 Tttle 000 - 1410 -MJA PENSIt?N CONSULTING SERVICES FOR THE CITY (Not the Pension 1P anal tJ N J FA O rD N W CJ O O SCORING GUIDELINES PRINTED NAME OF SELECTION COMMITTEE MEMBER 0- Not Addressed 3: Average Barry Atwood s e Poor 4 a Above Average SIGNATURE OF SELECTION OMMf - rEE MEMBER 2 - Below Average d - Excellent 1V F 5:',7inanca\F0rms\Fension Consulting Servi— - Proposal Ranking For Bolton Parlimm, Inc. - Mllllman, Inc. - The Segal Company, Inc. - PROPOSERS - NAME OF FIRM (ALPHABETICAL) Boca Raton Atlanta Atlanta EVALUATION CRITERIA Weight Scon WNghtad Score Score Weighted Score Sire Weighted Score dualificebons of If* Film and key personnel 3^ 5 1.5 3 0.9 4 1.2 assigned to this contract Rrtlxtd4m.Mxld:. anaxenteeM very' 4 dummied nom WM a"Men rqe HR [-0rMVrnp>IrvEee W6 Rocky Jorw tie served en Cif under B....ven thcudNme„orl°e mB+enw+ > ecewrie is one o[4xal Iris wrted n prix yam Experience In almllar vrork, Including local 2044 5 1 2 0.4 5 1 2 gnvemm eagle in F)xWa Scope well understood Plan actuary only noted vs. Scope well understood independent study of Plans Htghty Positive references witnin the last 10 5 0.5 3 0.3 4 0.4 3 throe years WWW.k Dice, N.1h Mxml 9.eA P.Im 9skMMYdNO.Pn.re. Gamdt O.W-d d Pei", Wm fi Cxd. m 9w eeech Qw— R..1 P— ee..h Qmn" tmpbrx Project understanding, propused approach 5 0.5 2 0.2 5 0 4. and mettmdology -5 NWtleMU W.�l.hdw ae/IRFP Esrplurwr.ln eMe.1..I.d —Newt Pins N.Md ddr.p.de endr.s h RFPSI.s —..l Lek d— �. Costolsenrlces —� ZO °lo 5 1 5 1 4 0.8 8' full o"Pllance Wth the [arms and 1096 S 0.5 5 0.5 5 0.5 condhil" of th Request fo P roposal TOTAL — SCORE 10040 30 5 20 3.3 27 4.4 RANKING ` -- 1 1 2 5:',7inanca\F0rms\Fension Consulting Servi— - Proposal Ranking For CITY OF BOYNTON BEACH Proposal - Sid Selection Committee Ranking Form AFP - Old Number S Tide 106*- t41* -MJA PENSION CONSULTING SERVICES FOR THE CITY (Not the Pertew Plans' AGUR N N 00 P5 O C �e w N O O SCORING GUIDELINES PRINTED NAME OF SELECTION COMMITTEE MEMBER 0 -Not Addressed 3- Average 111111111 men, Inc. - Atknfa I s poor 4 - Above Average SIGNATURES OF SELECTION COMMITTEE MEMBER 2 - Below Average 5 ur Excellerd C ,. IProiedundo standing, Proposed approach I tote S. Cosl of sarvlces 20% '3 () ° o �D d Full complknce with the terms and o d s ' oonditlon$ of this Re., s(foi Proposal 10% �p d 5a J O I TOTALSCORE toot 93p0 1-2.2 C9 2lvOQ RANKING 3 / S:\FlnenoelForrns\Penslon Consulting Services • ProMal Ranting Form PROPOSERS - NAME OF FIRM (ALPHABETICAL) Sollon Partners, Inc. - Boea Raton 111111111 men, Inc. - Atknfa The Segel Company, Inc. - Atlanta EVALUATION CRITERIA WaIpM Score Weighted Score Scoro Weighted Be" Swro Weighted Sooro t' Qualifications of the Firm and key personnel assigned 10 this 0orltract 30% S 1 J L o 2. Experlerme M 111111118F work, including local government experience in FWJd® 20% o O p 3. Highly positive refererx es within the last 10% Z--j- 4 i� d� n 11 J-t— O� ,. IProiedundo standing, Proposed approach I tote S. Cosl of sarvlces 20% '3 () ° o �D d Full complknce with the terms and o d s ' oonditlon$ of this Re., s(foi Proposal 10% �p d 5a J O I TOTALSCORE toot 93p0 1-2.2 C9 2lvOQ RANKING 3 / S:\FlnenoelForrns\Penslon Consulting Services • ProMal Ranting Form CITY OF BOYNTON BEACH Proposal - Bid Selection Committee Ranking Form RFP -Bid N umber & Tltle M5C -14iIG WJA PENSION CONSULTING SERVJCES FOR THE CITY (Not the Pension Plena} SCORING GUIDELINES PRINTED NAME OF SELECTION COMMITTEE MEMBER 0= Not Addressed 3= Average S E L I J! I = Poor 4 =Above Average SIGNATURE OF SELECTIO MMITTEE MEMBER 2 =Below Average b - Excellent R Score Weighted Score amore l ) - f ) N tJ FAV 0 N �JJ IJ O O PROPOSERS - NAME OF FIRM (ALPHASETJCAL) Eton Partners, Inc. - Baltlmolre Mililman, Inc. - Dolt" The Segal Company, Inc. - Atlanta EVALUATION CRITERIA Weight Score Weighted Score Score Wsiphted Score Score Weighted Score amore Weighted Score 1 ' Quatlfioalione of the Firm and personnel assigned to this contract 1z �s 1 2 Experience In slmilarworlr, including local 2 government experience in Florida 20 ° Hi h g {y positive references within the lest three years 10 °k 4 Project understanding, Proposed approach and meihodology 1096 5 Cast of services 20% _ 5 E Full compliance wllh the temis and ° cond'dions of this Request tar Proposa 10 6 3 — �.- D - - -^ - -- f -- 3 • g [TOTAL SCORE =100% G:1FormsVvaluation ForPenslon Consulting Sevdces - Proposal Ranking Fonn ** * * ** THE LOW OST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS.***** Carol Doppler, CPPB, Purchasing Agent Barry Atwood, Finance Director RFP: PENSION CONSULTING SERVICES FOR THE CITY OF BOYNTON BEACH, FLORIDA IQ 0 FA O C cn 6' N t w N 0 0 RFP DUE DATE: JUNE 17, 2009 RFP DUE TIME: 2:30 P.M. RFP # 050 - 1410 -091JA "Offers hon the vendors fisted herein are the only oPers received timeEy as of the above receiVing date and bme. NI other offers submitted in response to this solicitation. if any, are hereby rejected as late' VENDORS BOLTON PARTNERS, INC. MILLIMAN, INC. THE SEGAL COMPANY, INC. 575 S. CHARLES ST. STE 500 10000 N. CENTRAL EXPRESSWAY, STE i5oo 2018 POWERS FERRY ROAD. STE 850 BALTIMORE, MD 21201 DALLAS, TEXAS 75231 ATLANTA, GA 30339 PH: (410) 547 -0500 PH: (214) 863 -5500 PH: (678) 306 -3100 FAX: (410)685 -1924 FAX: (214) 863-5501 FAX: (678) 306-3190 CONTACT: ROBERT G. BOLTON CONTACT: JANET MCCUNE LEON F. JOYNER, JR ADDENDUM #1 SUBMITTED ACKNOWLEDGED /BUT NOT SUBMITTED ACKNOWLEDGEDIBUT NOT SUBMITTED NOT SUBMITTED ORIGINAL AND FIVE (5) COPIES SUBMITTED YES YES YES COST BREAKDOWN SCHEDULE SUBMITTED YES YES YES PROPOSER'S QUALIFICATIONS SUBMITTED YES YES YES ANTI -KICK BACK AFFIDAVIT SUBMITTED YES YES YES NON - COLLUSION AFFIDAVIT SUBMITTED YES YES YES MINORITY OWNED BUSINESS SUBMITTED YESINOTA MINORITY YES /NOT A MINORITY YES /NOTA MINORITY OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS CONFIRMATION OF A DRUG FREE WORKPLACE SUBMITTED YES YES YES SCHEDULE OF SUB- CONTRACTORS SUBMITTED YES YES YES PENSION CONSULTING SERVICES FOR THE CITY OF BOYNTON BEACH, FLORIDA RFP: PENSION CONSULTING SERVICES FOR THE CITY OF BOYNTON BEACH, FLORIDA I-j FA 0 C tv a' w N O O RFP DUE DATE: JUNE 17, 2009 RFP DUE TIME: 2:30 P.M. RFP # 050 - 1410 -091JA "Offers from the vendors 11sted herein are the only offers received timely as of the above rawtving date and tlme. All other offers submitted In response to this solicitation, if any, are hereby rejected as late' VENDORS BOLTON PARTNERS, INC. MILLIMAN, INC. THE SEGAL COMPANY, INC. 575 S. CHARLES ST. STE 500 10000 N. CENYRAL EXPRESSWAY, STE 1500 2018 POWERS FERRY ROAD. STE 1150 BALTIMORE, MD 21201 DALLAS, TEXAS 75231 ATLANTA, GA 30339 PH: (410)547 -0500 PH: (214) 863-5500 PH: (678) 306-3100 FAX: (410) 685 -1924 FAX: (214) 863 -5501 FAX: (678) 306.3190 CONTACT: ROBERT G. BOLTON CONTACT: JANET MCCUNE LEON F. JOYNER, JR REFERENCES ENCLOSED YES YES YES COMMENTS PENSION CONSUI TING SERVICFS FOR THE CITY OF BOYNTON BEACH, FLORIDA REQUIRED FORMS PROPOSER'S ACKNOWLEDGEMENT Submit RFP responses To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 31.0 Boynton Beach, Florida 33425 -0310 Telephone: (561) 742 -6322 Broadcast Date: May 13, 2009 RFP Title: "PENSION CONSULTING SERVICES" FOR THE CITY OF BOYNTON BEACH, FLORIDA RFP Number: 050.141.0.09/JA RFP Received By: June 17, 2009, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFP responses will be opened in Procurement Services unless specified otherwise. RFP response receiving date and time is scheduled for: June .17, 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 RFP shall conform to applicable sections of the charter and codes of the City. The Segal Company, Inc. (Eastern States) Name of Consultant: Federal I.D. Number: 13- 1835864 A Corporation of the State of: New York Area Code: 678 Telephone Number: 306 -3100 Area Code: 678 FAX Number: 306 -3190 Mailing Address: 2018 Powers Ferry Road, Suite 850 City/State /Zip: Atlanta, Georgia 30339 -5003 Vendor Mailing Date: 6/15/2009 Authoriz i re Leon F. (Rocky) Joyner, Jr. Name Typed - ?�SEGAL 9 - 232 - November 3, 2009 STATEMENT OF {QUALIFICATIONS Each Proposer shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP re,,ponse. Failure to comply with this instruction may be regarded as jusliGcation for rejecting the RFP response. 1. ?Name of Proposer: The Segal Company, Inc. (Eastern States) 2. Businms Address: 2018 Powers Ferry Road Suite 850 Atlanta Georgia 30064 3. When Organized: 1939 4. Where Incorporated: New York Now York S . How many years have you been engaged in business under the present firm name? 70 6. General character of work performed by your company. The Segal Company fwww.scgalco.coml has been a leading independent Firm providing benefit_, comNnsation and human resources consulting since its founding in 19'19 Clients include state and local governments, corporations non - profit organizations professional ~envies firms, and joint boards of trustees administerina pension and health and welfare plans under the Taft- l- lartley Act. 7. Enclose evidence of possession of required licenses and/or business permits. For a copy of our license to do business in the State of Florida see Section — Florida Business License. 8. Number of employees. Approximately 900 employees throughout the U.S. and in Canada 9. Background and experience of principal members of your personnel, including off icers.'r Management Organization The Segal Company, founded in 1939 by Martin E. Segal, is an independent, privately held consulting firm. It has been employee -owned by its officers since 1.978. An 11- member Board of Directors, including two outside directors, sets corporate policy and govcros the organization. Implementation of policies, development of strategies and day -to -day V "SEGAL to - 233 - November 3. 2009 operations are the responsibilities of the Chief Executive Officer. Segal is organized to provide services to three major markets: Public Sector, Corporate and Multiemployer. Employee -Owned Company Segal is an independent, privately held consulting and actuarial firm, owned by our officers and employees. Segal Directors Joseph A. LoCicero Y Howard Fluhr Eugene J. Keilin 'r Merril S. Delon J. Tim Biddle John DeMairo ➢ Ann D. Ginco Andrew D. Sherman John Flynn > David Blumenstein Open director slot due to recent death of John Cotton Segal Corporate Officers Howard Fluhr — Chairman J. Tim Biddle —Vice Chair (for The Segal Group, Inc. Only) Joseph A. LoCicero — President and Chief Executive Officer 1Y Ricardo DiBartolo — Senior Vice President, Chief Financial Officer and Treasurer Margery Sinder Friedman, Esq. — Senior Vice President, Secretary and General Counsel Information on Segal's corporate headquarters is as follows: The Segal Company One Park Avenue New York, NY 10016 -5895 (212) 251 -5000 gelephone) (212) 251 -5490 (Fax) www.seaalco.com Business hours: M -F 9:00 a.m. to 5:00 p.m. Services for the City will be provided through Sepal's Atlanta office: The Segal Company 2018 Powers Ferry Road Suite 850 Atlanta, GA 30339 (678) 306 -3100 (Telephone) (678) 306 -3190 (Fax) V "SEGAL �1 - 234 - November 3, 2009 10. Bonding capacity. Segal does not maintain bonds. 11. Have you ever defaulted on a contract? If so, where and why ?* No. we have never defaulted on a contract. 12. Experience in performance of work similar in importance to this project. For our experience in performing similar work, as requested by the City under this project, please see the above Section — Qualifications and Experience. 13. Contracts on hand.. * Segal does not capture its complete client list in this Fashion. We have over 2,500 clients nationwide and provide multiple services to those clients. Of that number. over 800 are public sector client~. Client size ranges from as many as one million to as few as 100. We have dozens of clients with more than 10,000 participants. More than eight million employees and their dependents arc covered by benefit programs sponsored by Segal's thousands of public, private and non- profit clients. A list of some of Atlanta pension clients above in Section — Qualifications and Experience, Section C. Question 12 and below in Question 14. 14. largest completed projects (include final cost). As a large, national consulting, firm with 21 offices, Segal takes on and completes success Fully hundreds of projects each year. The following are representative of larger client relationships for which we provide similar services to those requested by the City. 1) Georgia Municipal Associations $275,000 2) City of Atlanta $70.0(Xl 3) San Antonio Fire and Police Pension Fund $50,000 IV ' SEGAL 12 -)15- November 3, 2009 Georgia Municipal Association Mr. Calvert Wray (404) 688 -0472 City of Marietta, Georgia Mr. Mark Anderson (770) 794 -5482 Orlando Police Officers Pension Fund Mr. Jay Smith (407) 246 -2110 DeKa.lb County, Georgia Mr. Paul Wright (404) 371 -2296 City of Chattanooga Fire and Police Pension Fund f Mr. Frank Hamilton (423) 698 -9599 13. Contracts on hand.. * Segal does not capture its complete client list in this Fashion. We have over 2,500 clients nationwide and provide multiple services to those clients. Of that number. over 800 are public sector client~. Client size ranges from as many as one million to as few as 100. We have dozens of clients with more than 10,000 participants. More than eight million employees and their dependents arc covered by benefit programs sponsored by Segal's thousands of public, private and non- profit clients. A list of some of Atlanta pension clients above in Section — Qualifications and Experience, Section C. Question 12 and below in Question 14. 14. largest completed projects (include final cost). As a large, national consulting, firm with 21 offices, Segal takes on and completes success Fully hundreds of projects each year. The following are representative of larger client relationships for which we provide similar services to those requested by the City. 1) Georgia Municipal Associations $275,000 2) City of Atlanta $70.0(Xl 3) San Antonio Fire and Police Pension Fund $50,000 IV ' SEGAL 12 -)15- November 3, 2009 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: * 2) occurred within the last 4 years: * 3) provide case number and style: * * attach additional sheets Diving the information With over 2,500 clients, The Segal Company is occasionally named as a party in litigation involving the performance of its services. The Segal Company does not have any pending litigation at this time, however, past litigations did not affect Segal's ability to perform set for its clients nor did they have any material affect on its financial position. Dated at: _ f7 rlau�a this 16 day of 200 By . (written signatu Name: Leon F. (Rocky) Joyner. Jr. (printed or typed) Title: Vice President and Actuar V "SEGAL 13 - 236 - November 3, 2009 ANTI - KICKBACK AFFIDAVIT STATE OF FLORIDA SS C0UNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees or 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 he corporation. By: NAME AZNATURE Sworn and subscribed before me this _ day of " c 20 ad— Printed Information: Leon F. (Rocky) Joyner, Jr. NAME NOTARY PUBLIC, State of4Reridlr at Large c7`'6l�01 Vice President and Actuary TITLE The Segal Company (Eastern States), Inc. COMPANY NOTARY PUBLIC, CIiERM MOM GEOfKAA MY COAfNSSgM 880 APRIL t M2 "OFFICIAL NOTARY SEAL" STAMP - 237 - "'S 14 November 3, 2009 MINORITY OWNED BUSINESS STATEMENT This is 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 proposal response sheet making it an official part of your 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) (X) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification V " SEGAL 16 - 2 38 - November 3, 2009 CONFIRMATION OF A DRUG -FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug -free workplace programs. Whenever two or more submittals 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 submittal 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 proce:+sing tie submittals will be followed if none of the tied vendor.~ have a drug - free workplace program. In order to have a drug -free workplace program, a business shall: t) 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 drub 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 arc under Submittal a copy of the statement specified in subsection f 1 i. 4) in the statement specified iu subsection (i), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the emplayer of any conviction of, or plea of guilty or nolo contenders 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 dru] -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above re rents. Responds ig re V 'TSEGAL 1 % - 239 - No�rember 2009 SCHEDULE OF SUBCONTRACTORS PARTICIPATION N 0 ii 0 c cr N O O RESPONDENTS ARE TO SUBMIT A LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. RFP TITLE: "PENSION CONSULTING SERVICES" FOR THE CI'T'Y OF BOYNTON BEACH, FLORIDA RFP #: 050 - 1410 -09 /JA MAIN CONTRACTOR NAME: The Segal Company {Eastern Sta(es), Inc. We do not propose to use any subcontractors on this project. However, if we deem that it is necessary- to use a subcontructor, tit that it is in the Best interest of the City, we will, of course, receire prior approval by the City. *MINORITY TYPES: (1) BLACK; (2) HISPANIC; (3) WOMEN; (4) OTHER (specify) NAME /ADDRESS/ PHONE OF SUBCONTRACTOR TYPE OF WORK TO BE PERFORMED MINORITY DOLLAR AMOUNT % OF TOTAL STATUS TYPE CERTIFIED ✓ Yes ✓ No *(see key below) ✓ Yes ✓ No V "SEGAL ie Our fees arc quoted on an annual basis,, separated by service description and plan type. We have developed our annual tees based on flat rates not to exceed a certain amount where the scope of the assignment is clearly defined such as the annual actuarial valuation and benefit statements. Our proposal Pees are guaranteed for three (3) years. b. Indicate the method in which other advisory services will be billed and include a detailed breakdown of that fee structure. In addition, please indicate your firm's policy regarding out -of- pocket and or other indirect cost expenses. If your firm proposes reimbursement by the City, please itemize the types of expenses and basis of billing for each. Below is a complete fee schedule for each plan individually, split by service type. M A Review of the existing plan designs - and general management of the plan to i ensure the long term stability ol'plan assets and to make specific $3.5t7U $3,5( $3,5(X) recommendations for change, if so required. Review the Plans' benefits structure and make speciiie recommendations for S5, W) y 5,000 $5,000 change, if needed. Rcvicw the current: actuarial assumptions and funding assumptions to ensure the long -term solvency of the S I $3.500 $3,500 plans Analysis of the current DROP provisions of each plan, and provide $3,000 i $3.000 $3,000 recommendations for change, if needed Provide detailed report of findings indings and recommendations for changes based on included above lncluded above l Included above the review of each plan Provide ongoing supplemental actuarial and financial analysis to any proposed Time char b es as Time charges as Time charges as amendment submitted to either the City necdedI needed '; needed ; Manager or City Commission � i 7 Meet with the Board of Trustees of each fund to explain any findings or ruconuttendations as well as to answer $3•000 + $ (X $3.000 questions and concerns ". V - rrSEGAL 26 - 241 - November 3. 2009 a. The firm should submit a cost breakdown for completing each of the tasks listed in Section II — "Scope of Services ". Respondents must include all costs associated with their proposal. -207- November 3, 2009 * We will apply a discount of $7,000.00 if cell three of the plan meetings are together. Travel expenses will he billed as incurred. .� Segal bills for its services on a monthly basis for time expended. Our fees are all inclusive. Costs for routine clerical, telephone, fax, copying and mailing charges are included. Our hourly rates, as listed below, will apply for both benefit and /or assumption changes and actuarial impact statements, if any additional work is required beyond the scope of this contract, we will bill at our hourly rates. Hourly Rates Lead Actuary $435 Supervising Actuary $385 Assistant Actuary $285 Actuarial Analyst $210 Hourly Rates will increase 4% per year. - �' - SEGAL 27 -242- November 3, 2009 te o f #ta -.: u �i. KM I certify from the records of this office that THE SEGAL COMPANY (SOUTHEAST), INC., is a corporation organized under the laws of Georgia, authorized to transact business In the State of Honda, qualified on July 24.2M. The document number of this corporation is F06000004887. I further certify that said corporation has paid all fees due this office through December 31, 2006, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-fifth day of July, 2006 '51� � 6l s, gut ULM cR2E= (ai-0al $a -dnry of,%tY IV 'v 33 - 243 - November 3 , 2009 NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER State Geomia ) County of Cobh ) Leon F. (Rocky) Joyner. Jr. being first duly sworn, deposes and says that: l) (S)hc is Vice President and Actuary of The Segal Company (Eastern States), Inc the proposer that (Tide) (Name of Corporation or Firm) has submitted the attached RFP response: 2) (S)he is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP response is genuine and is not a collusive or sham RFP response; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affrant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, firm or person to submit a collusive or sham RFP response in connection with the attached RFP response has been submitted or to refrain from bidding in connection with such RFP response, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, firm or person to fix the price or prices in the attached L RFP response or of any other proposer, or to fix any overhead, profit or cost element of the RFP response price or the RFP response price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest including this affiant. (Signed) (Title) Vice President and Acru ry Subscribed and sworn to before me Thi day (it' 20 M GEORGIA COIr�11SSI0N EXPIRES APRIL B, 2012 pry ' SEGAL 15 -244- November 3, 2009 6.J CONSENT AGENDA November 3, 2009 CITY OF B OYNTO N AGENDA TEM EQUEST FORM r w �� t �✓ COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION PROPOSED RESOLUTION NO. R09 -168 — Approve an agreement for Water Service outside of the City Limits with Sunshine Commercial Investments, Inc., for a parcel of land located at 8305 S. Military Trail, Boynton Beach. EXPLANATION OF REQUEST This parcel of land, which is approximately 1.0 acre in size, is located on the west side of Military Trail, at the intersection of Military Trail and Old Military Trail. The parcel is located outside of the City Limits, but is within the City's water and sewer service area. The site plan indicates that a 2 -story medical office building, with a gross floor area of approximately 8,000 square feet is planned to be constructed on this site. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City has included the entire service area within its master planning for water and sewer service. This site is therefore included. FISCAL IMPACT Water and Sewer capital facilities charges, calculated at the outside -city rates, will be charged to the developer of this site prior to connecting to the utility systems. Water and sewer services will also be charged at the outside -city rate. ALTERNATIVES As this parcel is included within the City's utility service area, which was established via Interlocal agreement with Palm Beach County, no reasonable alternative exists. - 245 - November 3, 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND SUNSHINE COMMERCIAL INVESTMENTS, INC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits. but within our water and sewer service area, located at 8305 S. Military Trail, Boynton Beach, Florida (PCN: 00- 42- 45- 13 -00- 000 - 3131); and WHEREAS, the parcel covered by this agreement has a 2 -story medical office building with a gross floor area of approximately 8,000 square feet planned for this site: and WHEREAS, the City has included the entire service area within its master planning for water and sewer service and this site is therefore included: and WHEREAS, no additional construction will be required by the City to serve this property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Sunshine Commercial Investments, Inc., a copy of said Agreement is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2009. CITY OF BOYNTON BEACH. FLORIDA Mayor — Jerry Taylor - 246 - November 3. 2009 Vice Mayor — Woodrow L. Hay ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross -247- November 3, 2009 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this 1st day of September , 2 009 , by and between SUNSHINE COMMERCIAL INVESTMENTS (Name of Corporation), hereinafter called the "Customer ", and the CITY OF BOYNTON BEACH, a municipal corporation ofthe State of Florida, hereinafter called the "City ". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration ofthe privilege ofreceiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City - 248 - November 3. 2009 Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. b. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights -of -way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferee, grantees, heirs, successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other.agencies having jurisdiction over such matters. Also, the City shall have no liability in the -249- November 3, 2009 event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) -250- November 3. 2009 IN WITNESS WHEREOF, we have hereunto set our hands and seals the 1Q day of September_ in the year 20 Sealed and delivered in the presence of ko ftA Corporation Name: Sunshine Commercial Investments Wi Signature 00 r rVOM B Type Name Signature Type STATE OF Florida ) COUNTY OF Palm Beach ) Type Name and Title:_ Elmo Angelo Bartolome ATTEST Secre Corporate Seal: 'J ,.. Corrmte stir- 6iommerc -'M �: ORID4 X1000 SS: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County 0 to take acknowledgments, personal] ap I oil` going agreement and that he/she acknowledged executing e� the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. Witness my hand and official seal in the County and State last aforesaid this _j f day of September , 20 09 . �yfic Stffie FlWhda Re1M pr, 00746245 T Y PUBLIC � =12 5 Typed e Expires: -251- November 3, 2009 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire City of Boynton Beach 100 E .Boynton Beach Blvd. Boynton, Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, Elmo Angelo Bartolome , as Corporate Representative of Sunshine Commercial Investments hereinafter "Grantee ", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCN No.: 00424513000003131 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 1st day of September 2009 and the powers and authority shall be irrevocable by Grantee. November 3, 2009 CORPORATION AS OWNER(S): By Elmo Angelo Bartolome Elmo Angelo Bartolome , President Type Name and Title FLORIDA ATTEST: ec� �. R - 1 xA111 A--- TSyazvLO r"Af Type Name FOR CORPORATE NOTARIZATION: STATE OF FLORIDA ) )ss: COUNTY OF Palm Beach {CORPORATE SEAL} LM I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Elmo Angelo Bartolome as C.O.O of Sunshine Commercial Investments named in the foregoing agreement and that he/she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority dulyvested in him/her by said Corporation and that the corporate seal affixed thereto is the true corporate seal of said Corporation. Witness my hand and official seal in the County and State last aforesaid this 10 day of September .2009 . =olmnd J� �Of� i 'd y a N we RKi blic State of Florida ea iaaion DD706243 1 /0 92 01 2 - 253 - November 3, 2009 WITNESS: Kk&-t.� Witness sigriature AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) ATTEST: City Clerk Approved as to Form: City Attorney STATE OF FLORIDA } )ss: COUNTY OF PALM BEACH) CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation By: Kurt Bressner, City Manager (SEAL) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 200. (Notary Seal) Notary Public My Commission Expires: S:1CAIAGKMAklater Service\Water service Agreement (Corp) - Rev 090205.dodrev. 1 -6-96 H A19M900182.BBWGMT\Wmr Servicc Agreement (Corp) - Rev 090205-rev 1- "6.doc -254- November 3. 2009 LEGAL DESCRIPTION OF TRACT 3131 (PARENT LEGAL) A TRACT OF LAND IN THE SOUTHWEST ONE - QUARTER (SW 1/4) OF THE NORTHWEST ONE- QUARTER (NW 1/4) OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST; THENCE N. 00 27' 10" W, ALONG THE WEST LINE OF SECTION 13, A DISTANCE OF 1323.18 FEET A POINT; THENCE N. 89 59' 21" E, A DISTANCE OF 440.54 FEET TO A POINT; THENCE S. 00 2T 32" E, A DISTANCE OF 500 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 809 (MILITARY TRAIL), THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, HAVING A RADIUS OF 1960.08 FEET, CONCAVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 3 49'46", A DISTANCE OF 130.43 FEET TO THE END OF SAID CURVE; THENCE N. 44 56'49" E, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 104.6 FEET TO THE POINT OF BEGINNING; THENCE N. 40 46'31" W, A DISTANCE OF 181.87 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF A 66 FOOT WIDE COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 509 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD 809; THENCE S. 44 56'49 E, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 421.62 FEET MORE OR LESS TO THE POINT OF BEGINNING. LESS THAT PORTION FOR RIGHT OF WAY AS DESCRIED IN WARRANTY DEED FILED IN OFFICIAL RECORDS BOOK 5906, PAGE 1624, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS A TRACT OF LAND IN THE SOUTHWEST ONE - QUARTER (SW 1/4) OF THE NORTHWEST ONE - QUARTER (NW 1/4) OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST; THENCE NORTH 00 51' 28" EAST, ALONG THE WEST LINE OF SECTION 13, A DISTANCE OF 1323.27 FEET A POINT, ON THE NORTH LINE OF THE SOUTHWEST QUARTER LINE OF THE NORTHWEST QUARTER OF SECTION 13; THENCE WITH A BEARING OF NORTH 89 34' 51" EAST, ALONG SAID QUARTER LINE A DISTANCE OF 440.54 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 00 51' 28" EAST, A DISTANCE OF 485.57 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 809 (MILITARY TRAIL), AS RECORDED IN OFFICIAL RECORD BOOK 5906, PAGE 1624, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE WITH A CURVE TO THE RIGHT, ALONG SAID WEST RIGHT OF WAY WITH A RADIUS OF 1970.08 FEET, A CENTRAL ANGLE OF 3 29'25", AN ARC LENGTH OF 120.02 FEET, AND A CHORD BEARING OF NORTH 42 47' 13" EAST. TO A POINT; THENCE NORTH 44 31'56" EAST, ALONG THE WESTERLY RIGHT OF WAY, A DISTANCE OF 105.35 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING; THENCE WITH A BEARING OF NORTH 41 11'29' WEST, A DISTANCE OF 176.06 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF OLD MILITARY TRAIL, AS RECORDED IN OFFICIAL RECORD BOOK 192, PAGE 206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 1009.04 FEET, A CENTRAL ANGLE OF 25 05' 38 ", AND ARC LENGTH OF 441.93 FEET, HAVING A CHORD BEARING OF NORTH 68 08' 24.4" EAST TO A POINT, OF INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF MILITARY TRAIL AS DESCRIBED; THENCE WITH A BEARING OF SOUTH 44 31' 56" WEST, ALONG THE WESTERLY RIGHT OF WAY LINE OF MILITARY TRAIL A DISTANCE OF 414.85 FEET MORE OR LESS TO THE POINT OF BEGINNING CONTAINING 43,478 SQUARE FEET (1.00 ACRES) MORE OR LESS. AND SUBJECT TO EASEMENTS, RESERVATIONS AND RIGHTS OF WAY OF RECORD -255- November 3, 2009 TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please complete all blank spaces for applicants and signatures. NOTE THAT ALL ENTRIES MUST BE TYPEWRITTEN. Also sign the agreement (on p. 3) and the Power of Attorney form 2. Have your signatures witnessed and notarized 3. Attach a survey and legal description (LABELED EXHIBIT A) 4. Attach a copy of the site plan 5. Also attach an opinion of title from an attorney, a recent title policy (less than 6 months old) or an owner and encumbrance report from a title company (also less than 6 months old) 6. Return all documents to this office. NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS THIS APPLICATION, PR'1C3R TO US SCHEDULING IT FOR THE CITY COMMISSION MEETING. THE TIME SCHEDULE IS THEREFORE AT LEAST 4 WEEKS FROM DATE OF SUBMITTAL TO DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION MEETINGS. (THE COMMISSION MEETS ON THE 1 sT AND 3 RD TUESDAY OF EVERY MONTH) Sincerely Peter V. Mazzella Deputy Director of Utilities Owner Information Owner's Name: Sunshine Commercial Investments, Mailing Address: 2004 N.E. 49"' St. Fort Lauderdale Fl 33308 No. & Street City State Zip Code Telephone No. 954- 770 -6540 Property Information: Address: 8305 S. MILITARY TRAIL BOYVTONBEACH FL 33436 ,Va. & Street City State Zip Code Property Control Number (PCN 00424513000003131 November 3. 2009 OLD REPUBUCNA 77 TT*%SMWERORNCOMPANY Issnred T krosWh Aawwo' TYde Fired SffWco, LLC COAAMWENT Sehednle A Fund File Number: Effective Date: Agent's File Reference: 06 -2008- 7208 -A 1 September 8, 2009 (a3 i t.00 PM Sunshine Mfr 1. Policy or Policies to be issued: Proposed Amount of insurance: OWNER'S: MORTGAGEE: ALTA Lam Policy (10/17/92). (If otter, greeify) 51,200,000.00 Proposed Leered: To Be Detisroioed MORTGAGEE: 2. The estate or interest in the land described or referTed to in this commitment Is a fee simple and title thereto is at the effective date bereof vested in: Sunshine Commercial Investinents, Inc., a Florida corporation by virtue of a Warranty Deed recorded October 4, 1991 in O.R. Book 18801 at Page 127 of the of the Public Records of Palm Beech County, Florida. 3. The land rafarred to in this commitment is described as follows: See Exhibit A attached. OLD REPi1BLICIVA2701VAL TnZEMURANCE COMPANY Issued nrr o&wh Attorneys' nee Farad Services, LLC Agent No.: 25156 Issuing Agent: Name L. Schulte 2401 L Atlantic Boulmrd Suite 400 Pompano Beady FL 33062 gen signanrre Nernin L. Schulte FORM C Soh. A (rev. 07Mg) -257- November 3, 2009 OLD REPUBLIC NA21ONAL 777LE INSURANCE COMPANY Issued 7Wmugk Af fornm' rick Fund Servlcec, LLC COA04=N ' Schedule B-I Fund File Number: Agent's File Reference: 06-2008-7208-Al Sunshine refi I. The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments creating the eatau or interest to be insured which must be executed, delivered and filed for record: A, Mortgage from Sunshine Commercial Investments, Inc., a Florida corporation, to the proposed insured mortgages(s). 3. Satisfy the Mortgage from Sunshine Commercial Investments, Inc. to Christopher Rush and Martha Rush recorded September 5, 2006, in O.R. Book 202809, Page 1327, Public Records of Palm Beach County, Florida. 4. Affidavit to be executed by Sunshine Commercial Investments, Inc. stating: 1) There are no matters pending against the afftant that could give rise to a lien that would attach to the property between September 15, 2009, and the recording of the interest to be insured. 2) That the affiant(s) have not and will not execute any instruments that would adversely affeet the interest to be insured. S. Closing funds are to be disbursed by or at the direction of the agent ofThc Fund identified at bottom of Schedule A. 6. A search commencing with the effective date of this commitment will be perrormed at or shortly prior to the closing of this transaction. If this search reveals a title defect or other objectionable matters, an endorsement will be issued requiring that this defect or objection be cleared on or before closing. 7. Proof of payment of taxes for the year 2006 must be furnished, and any tax certificates issued with respect thereto must be canceled by the clerk of the court. B. Proof of payment of taxes for the year 2007 must be furnished, and any tax certificates issued with respect thereto must be canceled by the clerk of the court. 9. A determination must be made that there are no unrecorded special assessment liens or unrecorded liens arising by virtue of ordinances, unrecorded agreements as to impact or other development fees, unpaid waste fees payable to the county or municipality, or unpaid service charges under Ch. 159, F. S., or county ordinance. 10. Affidavit fom the owner of the subject property, or some other person having actual knowledge, establishing that no person other than the owner is in possession. 11. A survey meeting The Fund's requirements must be furnished. If such survey reveals any encroaclimants, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in the policy to be issued based upon this commitment. 12. The policy to be issued based upon this commitment will not contain an exception for easements or claims of easements not shown by the public records, provided that: (i) the survey, meeting The Fund's requirements, does not disclose the existence of any unrecorded easements; and (ii) the affidavit of the owner, or other person with actual knowledge, establishes that there are no unrecorded easements or claims of easements in existence. 13. The Fund has no liability under this commitment until an endorsement is issued stating the names of the proposed insured. Once the proper names are provided, The Fund reserves the right to make additional requirements and/or exceptions. FORM C Sch. 5-1 (MV. 07/09) November 3. 2009 OLDBEPURUCNAZTONVAL 777ZEIMURANCEODWAA7 Issued T nw h Aa meya' Me Fmrl sawkm LLC COADOTAffENT bScheduk B-H Fund File Number: Agent's t=ile Rcf==: 06- 200E- 720B-A 1 Sunshine tefi Ii. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Company: I . Defects, liens, encumbrances, adverse claims or other matters, if any, created, test appearing in the public records or attoching subsequent to the effective date hereof but prior to the date the Proposed poured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the Inside cover hereof unless an affidavit of possession and it satisfactory current survey are submitted, an inspection of the promises is made, it is determined the current yen's taxes or special assessments have been paid, and it is determined there is nothing of record which would give rise to construction liens which could tape priority over the interest(,) insured hereunder (where the liens would otherwise take priority, submission of waivers Is necessary). 3. Any owner's policy issued pursuant hereto will contain under Schedule B the following exception: Anp adverse ownership claim by the State of Florida by right of sovereignty to any portion of the landr Insured hereunder, including submerged filled and arry1cially exposed lands, and lands accreted to such lands. 4. Taxes for the year 2009 and subsequent years which arc not yet due and payable. 5. Deed for the Right -of -Way of Military Trail recorded in Deed Book 893, Page 6land Deed Book 909, Page 208, Public Records of Palm Beach County, Florida 6. Agreement between Ioyce A. Kane and the City of Boynton Beach as recorded in OX Book 13413, Page 1855, Public Records of Palm Beach County, Florida. 7. Easement in favor of Bellsouth Telecommunications, Inc, recorded in O.R. Book 21045, Page 566, Public Records of Palm Beach County, Florida. 8. Easement in favor of Florida Public Utilities Company recorded in O.R. Book 22822, Page 107, Public Records of Palm Beach County, Florida- FORM C Sch. B41 (my. 07108) -259- November 3, 2009 OLD JWML[C NA 17ONAL TITLEINBURANCE COAMANY .Issued 7hrosagh Attorneys' 27W Fund Servkes, LLC COMMP!'MENT Fund File Number. 06-2008 - 7208 -A1 Agent's File Reference: Sunshine refi rr,4rr�Y A tray of land in the Southwest one - quarter (SW 1/4) of the Northwest one - quarter (NW 1/4) of Section 13, Township 45 South, Range 42 Best, Palm Beach County, Florida, more particularly described as follows: Commencing at the West quarter corner of Section 13, Township 45 South, Range 42 East; thence N 0"2T10 "W along the West line of said Section 13, a distance of 1323.18• feet to a point; thence N89 1 5921 "E, a distance of 440.54 feet to a point; thence S 0" 27 32 "E, a distance of 300 feet to a point an a curve, said point also being the Westerly right of way line or State Road No. 809 (Military Trail), thence Northeasterly along said Westerly right of way line having a radius of 1960.08 feet, concave Southeasterly through a central angle of 3 °48'46 ", a distance of 130.43 feet to and of aid curve; thence N44 E, along said Westerly right of way line, a distance of 104.6 feet to the Point of Beginning; thence N40 "W, a distance of 181.87 feet to a point on o curve, said point also being the Southerly right of way line of a 66 foot wide county road; thence Northeasterly along said Southerly right of way line, a distance of 509 feet, more or less, to the intersection with the Westerly right of way line of State Road 609; thence S44 0 56 1 49 "E along said Westerly right of way Iine, a distance of 421.62 feet more or leas to the Point of Beginning. Lens that portion for right of way as described in Warranty Deed filed in Official Records Book 5906, page 1624, of the Public Records of Palm Beach County, Florida. FORM C Exhibit A (rev. 07109) -260- November 3. 2009 02 A IL lt SOUTHEA37 ARCHITECTS SERVICES, INC. n1. W. 51-1# •.0-4 rlannall.n, rLNb 1ii17 T.J. N.. (.#&1 666 r. :. N.. 4264) TT+ - snt LC / C161661 LOCATION MAP N.T.S. \ r 5' UTILITY pow EASEMENT �! 63.71 FIELD 1,42.2 POLE PER ROAD PLA' 1008.74' D= 00'56'5' O.R.B. 5906, PAGE I CONCRETE MEDIAN OF � MILITARY 1 RIL OK1, PAGE 40L NUMBER: >- 000 -3131 2009 0 z B J LL Z m LJ � v 5 m a m E LL � U. O a U m 4)a m Q Z 6L � W W W a W Z ° M T � a* ♦ V♦ Z m V 2009 6.K CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -169 — Authorize amendment to Resolution 05 -190 to allow the extension of the original agreement from May 31, 2010 to May 31, 2012. EXPLANATION OF REQUEST: At the City Commission meeting on Tuesday, October 20, 2009, the City Commission unanimously voted to amend Resolution 05 -190 to allow the extension of the Agreement between the City of Boynton Beach and Boynton JCP Associates, Ltd., from May 31, 2010 to May 31, 2012. An agreement existed between the City of Boynton Beach and the Boynton Beach Mall management when the City utilized space in the Boynton Beach Mall for the "City Hall at the Mall." In consideration for having City Hall at the Mall the Boynton Mall was authorized to hold six (6) special events per year. In 2005 that number was increased to a total of twelve (12) special events per year. Because the City stopped using the space for City Hall at the Mall there was an interruption in the period of time that the Mall was able to hold its special events. The current agreement ends May 31, 2010. The Mall management has requested and City staff concurs, that it would be appropriate to extend the expiration of the agreement for the Mall to hold its special events to May 31, 2012. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: Do not authorize the extension of the agreement from May 31, 2010 to May 31, 2012. - 263 - November 3 , 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. R05 -190, TO CORRECTLY REFLECT MAY 31, 2012 AS THE EXPIRATION OF THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON JCP ASSOCIATES, LTD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission approved Resolution No. R05 -190, amending a previous Resolution which authorized the City of Boynton Beach to enter into an Agreement with Boynton JCP Associates, LTD; and WHEREAS, the Agreement permits the Boynton JCP Associates, LTD to host up to twelve ( 12) special events per calendar year; and WHEREAS, the expiration of the agreement should be extended to allow the Boynton Beach Mall to hold the unused and remaining events from the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the amendment of Resolution 05 -190 to reflect May 31, 2012 as the expiration of the Agreement between the City of Boynton Beach and Boynton JCP Associates, LTD.. so that the Boynton Beach Mall is allowed to host up to twelve (12) special events per year in their southeast and southwest parking lots, pursuant to the Agreement. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor - 264 - November 3, 2009 Vice Mayor — Woodrow L. Hay Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) -265- November 3, 2009 6.L CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ I ANNOUNCEMENTS /PRESENTATIONS CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -170 — Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on October 15, 2009. (a) approving the amended and restated Interlocal Agreement for the Delivery and Use of Reclaimed Irrigation Water between the City of Boynton Beach and the South Central Regional Wastewater Treatment and Disposal Board (b) approving the revised Industrial Waste and Pretreatment Agreement between South Central Regional Wastewater Treatment and Disposal Board and the City of Boynton Beach and the City of Delray Beach. ExPLANATION OF REQUEST: On October 15, 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. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: Do not ratify the actions of South Central Regional Wastewater Treatment and Disposal Board. -266- November 3, 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, ON OCTOBER 15, 2009, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of October 15. 2009, as set forth in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2 . The City Commission does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on October 15, 2009, as set forth on the attached Exhibit "A". Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of November, 2009. CITY OF BOYNTON BEACH. FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay ATTEST: Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Janet M. Prainito, CMC Commissioner- Marlene Ross City Clerk (Corporate Seal) -267- November 3, 2009 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 15, 2009 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on OCTOBER 15, 2009 by a vote of 7 Approved the Amended and Restated Interlocal Agreement for the Delivery and Use of Reclaimed Irrigation Water between the City of Boynton Beach and the South Central Regional Wastewater Treatment and Disposal Board. 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 F:IdocsWOARD MEETINGSIRATIFI CATI ONS12009- 20101BoyntonBeachRatif 10- 15- 2009.doc -268- November 3, 2009 AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER This Amended and Restated Interlocal 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 AND 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 Interlocal Agreement between BOYNTON and the City of Delray Beach, Florida for the purpose of treating and disposing of wastewater produced by the customers of BOYNTON and the City of Delray Beach, as well as producing and distributing reclaimed water therefrom; and WHEREAS, in allocating the available reclaimed water capacity of the Regional Facility BOYNTON agrees to share such available reclaimed water capacity (determined as hereinafter set forth) with the City of Delray Beach on a 50/50 basis as herein provided, and WHEREAS, the BOARD entered into contracts with The Country Club of Florida, Hunters Run Golf & Racquet Club, Quail Ridge Country Club, Inc., Delray Dunes Golf and Country Club, -269- November 3. 2009 and Pine Tree Golf Club (collectively in this Agreement "Golf Course Contracts ") to reserve and deliver reclaimed water, and WHEREAS, the BOARD itself uses a certain amount of reclaimed water on the site of the Regional Facility ( "BOARD's Use "), and WHEREAS, for purposes of determining the 50/50 split of available reclaimed water capacity between BOYNTON and Delray Beach, BOYNTON agrees that the available reclaimed water capacity to be split shall be determined by taking the total reclaim water capacity of the BOARD, LESS the following: (1) the amount required to be reserved and delivered by the BOARD under the Golf Course Contracts and (ii) the amount for the Board's Use, and WHEREAS, the BOARD agrees, subject to the provisions of this Agreement, to deliver reclaimed water to BOYNTON and BOYNTON agrees to receive and beneficially use this reclaimed water in accordance with the purposes and requirements set forth in this Agreement; and WHEREAS, the BOARD and BOYNTON have previously entered into a Interlocal Agreement for the Delivery and Use of Reclaimed Irrigation Water ( "Previous Agreement "), and WHEREAS, this Agreement amends, restates and replaces in its entirety the Previous Agreement, and WHEREAS, local governments are encouraged to implement programs for the use of reclaimed water in the State of Florida. NOW, THEREFORE, based upon the foregoing and incorporating the above WHEREAS clauses herein, the parties agree to the following terms and conditions: 1. DELIVERY POINT TERM OF AGREEMENT, AMOUNT OF RECLAIMED WATER AVAILABLE TO BE DELIVERED, COSTS AND METERING Page 2 of 12 -270- November 3, 2009 BOARD shall deliver to BOYNTON reclaimed water produced by BOARD at the Regional Facility in the amounts agreed to under this Agreement and BOYNTON shall accept and use such reclaimed water to fulfill its irrigation needs, unless the flow is unavailable. Such reclaimed water shall be delivered to a location hereinafter designated as the "delivery point ". The delivery point is 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 Regional Facility is located (such real property owned jointly by BOYNTON and the City of Delray Beach). The BOARD shall perform its obligations of delivery of reclaimed water as set forth in this Agreement and BOYNTON shall perform its obligation of acceptance of and use such water as set forth in this Agreement. (a) Once effective, this Agreement shall continue indefinitely unless terminated by either party as provided in paragraph 10 hereafter. (b) For purposes of this Agreement the amount of reclaimed water available to be distributed and delivered by the BOARD to BOYNTON shall be determined as follows: The total reclaimed water capacity of the Regional Facility LESS the following deductions: (1) the amount required to be reserved and delivered by the BOARD under the Golf Course Contracts and (ii) the amount for the Board's Use. After taking the foregoing deductions "off the top" of the BOARD's total reclaimed water capacity, the BOARD will make available to BOYNTON up to fifty percent (50 %) of the remaining reclaimed water produced by the Regional Facility. (c) BOYNTON will pay to the BOARD a monthly consumption charge which will be adjusted annually effective October 1 of each year based upon the rate set by the BOARD. BOARD and BOYNTON agree that the Executive Director of the BOARD shall determine the Page 3 of 12 - 271 - November 3, 2009 monthly consumption of BOYNTON. The Executive Director will consider the following two sources of information and any other information he deems relevant; (1) The BOARD has a master meter for the Boynton service area and the BOARD will review the monthly amount re on this meter and deduct from it, the monthly amount registered at the meters serving the properties under the Golf Course Contracts. (2) BOYNTON will by the 10th of each month provide the BOARD its measurement of monthly flow for the prior month obtained from a reading of BOYNTON's meters serving its reclaimed water customers. (3) The Executive Director of the BOARD after considering both sources of information referred to in (1) and (2) above and any other information he deems relevant shall make a final judgment as to the amount of BOYNTON's monthly consumption and BOYNTON shall pay its monthly consumption charge based on the amount as determined by the Executive Director. The judgment of the Executive Director of the BOARD shall be final except Boynton may challenge the Executive Director's determination by providing written notice to the Executive Director, in which case, the amount of its monthly consumption shall be reviewed by the BOARD for final determination. Notwithstanding any challenge by BOYNTON as to the determination of the Executive Director, BOYNTON agrees that it shall nonetheless (while the challenge is pending) pay the BOARD each month its monthly consumption charges based upon the amount of monthly consumption as determined by the Executive Director. If after review of a BOYNTON challenge the BOARD determines that BOYNTON has paid more than it should have paid, then BOYNTON shall be entitled to a refund of such amounts. Page 4 of 12 -272- November 3, 2009 (d) Notwithstanding anything in this Agreement, 50YNTON agrees that should a shortfall of supply occur, BOYNTON will not receive any reclaimed water until after the BOARD has reserved or delivered in full: (i) the amount of reclaimed water that the BOARD is obligated to reserve and deliver under the Golf Course Contracts and (ii) the amount for BOARD`s Use. 2. USE OF RECLAIMED WATER AND RESPONSIBILITY FOR IRRIGATIONS 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, distribution, application, and discharge of reclaimed water, and, the operation and maintenance of the systems to use, distribute, apply, and discharge reclaimed water shall comply with local, state, and federal laws, rules, and regulations. (b) BOYNTON shall be solely responsible for the operation and maintenance of all portions of the distribution and irrigation systems located within the subject property boundaries specified in Exhibit A attached hereto except for the irrigation systems located within the properties served by the BOARD under the Golf Course Contracts. (c ) The BOARD shall continue to serve and be responsible for metering reclaimed water delivered under the Golf Course Contracts, until such time as the contracts 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. 4. OPERATING PRESSURE RANGE FOR DELIVERY AND BOARD ACCESS 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 Page 5 of 12 _27 - November 3. 2009 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 the delivery point. BOYNTON hereby provides an easement to the BOARD to enter on BOYNTON'S property for the purposes of access to monitoring wells, as discussed herein, 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 Regional Facility) to delivery point. BOYNTON shall not request more reclaimed water than can be beneficially used by BOYNTON. 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 Regional Facility 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 set forth in Chapter 62 -610, Part III, Florida Administrative Code. Subject to the other provisions of this Agreement Page 6 of 12 -274- November 3, 2009 BOYNTON may keep a permitted backup supply to replace this reclaimed water should it become unavailable for whatever reason. 7. OPERATION AND MAINTENANCE PRACTICES BOYNTON will use and apply reclaimed water in accordance with all applicable local, state, and federal laws, rules and regulations. Irrigation practices are to be limited to those areas permissible by the Department of Environmental Protection and within the area 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: (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 Page 7 of 12 -275- November 3. 2009 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, BOYNTON shall as required by applicable laws and regulations, 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. 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. (b) 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, or distribution systems or, in 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 Page 8 of 12 -276- November 3, 2009 conformity with such permits, approvais, 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 OF REPRESENTATION 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. 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 124 E. Woolbright Road Boynton Beach, FL 33435 with a copy to: City of Boynton Beach Attention: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 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: Page 9 of 12 -277- November 3. 2009 Mr. Dennis Coates, Executive Director South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 (561) 272 -7061 (telephone) (561 265 -2375 (facsimile) with a copy to: Mr. Roger G. Saberson Roger G. Saberson, P.A. 70 Southeast 4 I Avenue Delray Beach, FL 33483 -4514 13. INSPECTION The BOARD shall have the right, when reasonably necessary, to allow BOARD employees or agents to enter upon the subject properties to inspect BOYNTON'S operating and maintenance 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 board members, officials, employees, agents, assigns, contractors and subcontractors harmless for: (i) any damage caused by the BOARD's inability to deliver reclaimed water to the delivery point and (ii) any 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 Page 10 of 12 -278- November 3, 2009 If any part of this Agreement or any application thereof to any person or circumstance !s 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 LAW 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. 18. BOARD REPRESENTATIVE The BOARD's representative to act on behalf of the BOARD in the administration, interpretation, application, and enforcement of this Agreement shall be the Executive Director of the BOARD or his designee. 19. EXHIBITS AND ADDENDUM This Agreement incorporates the following exhibits and addendum which are specifically made a part hereof. Exhibit "A "- Map of BOYNTON service area. THIS WRITING (with Exhibit "A ") 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 Page 11 of 12 - 279 - November 3. 2009 SIGNED AND SEALED this __ day of wkJur . 2009. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD By: Printed Name: Woodrow Hay Title: Chairman ATTEST: By: Printed Name: n nnic T- Cnates Title: Executive Director Approved as to legal form and sufficiency: 4 .A--7 - 1 r) / Roger Sabers 8'n ATTEST: City Clerk CITY OF BOYNTON BEACH By: Printed Name: Title: Approved as to legal form and sufficiency: City Attorney's Office Page 12 of 12 -280- November 3, 2009 - 281 - November 3, 2009 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 15, 2009 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on OCTOBER 15, 2009 by a vote of 77 = 0, Approved the Revised Industrial Waste and Pretreatment Agreement between South Central Regional and the City of Boynton Beach and the City of Delray Beach. WHEREAS, said Board action requires ratification by the City of Delray Beach and 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 F:IdocsIBOARD MEETINGSIRATIFI CAT IONS12009- 20101BoyntonSeachRadf 10- 15- 2009.doc -282- November 3, 2009 INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT THIS INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT is entered into by and between the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an entity created by Interlocal Agreement pursuant to Florida Statutes Section 163.01 (hereinafter referred to as POTW), the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (both of which are collectively referred to herein as the CITIES). WITNESSETH: WHEREAS, it is a requirement of the POTW to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations 40 CFR, Part 403; and WHEREAS, by the terms of that certain Interlocal Agreement dated December 26, 1974, between the CITIES, the POTW was created and the CITIES became the sole, direct customers of the POTW; and WHEREAS; by the terms of the above referenced Interlocal Agreement, the CITIES, as the sole customers of the POTW, then sell wastewater treatment and disposal services directiv to users as well as to industrial users; and WHEREAS; in order to comply with the provisions of the above referenced Clean Water Act as well as State and Federal law, the parties hereto are desirous of entering into this Agreement setting forth the terms and conditions upon which the CITIES may discharge wastewater effluent to the POTW's regional treatment facilities and, further, that pursuant to the terms of this Agreement, the CITIES, as condition to the discharge permit being granted hereby, agree to adopt an industrial waste and pretreatment ordinance with terms, conditions, and provisions no less stringent than the terms set forth in this Agreement for the regulation of the issuance and compliance with discharge permits to the CITIES', users and industrial users. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. Purpose The purpose of this Agreement is to regulate industrial waste pretreatment facilities and discharge of waste into the Publicly Owned Treatment Works (POTW) operated by the South Central Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations, data collection, monitoring, sampling, and providing for penalties for the violation thereof for the following purposes: A) To prevent the introduction of pollutants into the CITIES' wastewater system which will interfere with the normal operation of the wastewater collection system or the wastewater treatment plant, or which will contaminate the resulting municipal sludge; B) To prevent the introduction of pollutants into the CITIES' wastewater collection system which do not receive adequate treatment by the POTW, and which will F:ldocslLOCAL LIMITSILocaf Limits Agreement doc Page 1 - 283 - November 3. 2009 pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; C) To improve the opportunity to recycle and reclaim wastewater and sludge from the system. 2. Policy and Scope The POTW is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. The terms of this Agreement shall be incorporated into an ordinance adopted by the CITIES respectively to regulate their users' discharge of wastewater into the portion of the sewer collector system located within the City of Boynton Beach and/or the City of Delray Beach and any other portion controlled or operated therein. The policy is established that the provisions of this Agreement will be enforced to the fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR Part 403 and Chapter 62 -625 Florida Administrative Code (F.A.C) issued by the Florida Department of Environmental Protection. The standards set forth are minimum requirements to ensure the general health and welfare of the public. 3. Applicability to All Users The regulations of this Agreement shall apply to all users of the sewer facilities of the city whether inside or outside the City, including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulfstream, and contributions from incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local government users shall be required, within 60 days after enactment of this Agreement and notice thereof, to enact ordinances substantially similar to this Agreement and to apply and enforce the same to all users of their public and sanitary sewer systems. 4. Definitions As used in this Agreement, all definitions shall be applied and interpreted in accordance with 40 CFR 403, as amended. " and ' The Act ": The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq. " Authorized Representative of Industrial User ": An authorized representative of an industrial user which may be a principal executive officer of at least the level of Vice President, if the industrial is a corporation, a general partner or proprietor, if the industrial is a partnership or proprietorship, respectively, or a duly authorized representative of the individual designated above, if that representative is responsible for the overall operation of the facilities from which the indirect discharge originates. " Board ": The South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities. F:ldocslLOCAL LIMITS1Local Limits Agreement. doc Page 2 -284- November 3, 2009 " Board (POTW) ": The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. " BOD (Denoting Biochemical Oxygen Demand) ": The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Celsius, expressed in milligrams per liter. " Building Sewer ": Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the POTW. " Categorical Standards ": National categorical pretreatment standards or pretreatment standard. " Chemical Oxygen Demand (COD) ": A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. "Ct" or " Cities ": The City of Boynton Beach and/or the City of Delray Beach; all that land and water area included within the boundaries of the "City" in which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sewerage facilities, except as follows: (1) All state and federally owned land and water area located in the City or County, except where the state and federal government consent to the provisions of this Agreement. (2) All land and water area duly franchised by the City or County to privately owned sewer utility companies for the provisions of sewer service, except where the privately owned sewer utility companies consent to the provisions of this Agreement. "Collection System ": The system of public sewers to be operated by the City and connected to the POTW facilities. " Compatible Pollutant ": A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. " Composite Sample ": A series of samples taken over a specific 24 -hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it; then it shall be time proportional. Samples shall be taken during effluent discharge times only. " Cooling Water ": The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. " Direct Discharge ": The discharge of treated or untreated wastewater directly to the waters of the state. F:ldocsiLOCAL LiMiTSILocal Limits Agreement. doc Page 3 -295 - November �. 2009 "Director of Public Utilities, Utilities Director, or Director ": This refers to the individual in charge of the Public Utilities Department in either City or his /her speck designee. " Discharge ": Disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. " Domestic Wastewater ": Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. " Environmental Protection Agency or "EPA ": The U. S. Environmental Protection Agency, or where applicable, the term may also be used as a designation for the Administrator or other duly authorized official of that agency. " Executive Director The administrative director or his authorized deputy, agent, or representative of the South Central Regional Wastewater Treatment and Disposal Board. " Garbage ": The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. " Grab Sample ": A sample which is taken from a waste stream on a one -time basis with no regard to the flow in the waste stream and without consideration of time. "Grantee ": Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency. "Holding Tank Waste ": Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum -pump trucks. "Indirect Discharge " : The discharge or introduction of non - domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). "Industrial or Commercial Waste " : The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. " Industrial or Commercial Waste Discharge Permit ": A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and /or require high strength waste surcharges. " Industrial Cost Recovery ": Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of waste from those users. FldocstLOCAL LIM/TSILocal Limits Agreement doc Page 4 -286- November 3, 2009 " Industrially Classified User ": An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial processes, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. " industrial User ": A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act, (33 U.S.C. 1342). " Interference ": The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the NPDES permit or reduces the efficiency of the POTW. The term also includes prevention of sewage sludge use or disposal by the POTW. " Milligrams per Liter mgA) ": The number of units of minor constituents present with each one million units of the major constituent of a solution of mixture. " Milligrams per Liter shall be considered equivalent to parts per million. " Monitoring Costs ": Those costs incurred by the City in performing monitoring and /or sampling as prescribed by 40 CFR 403. " National Categorical Pretreatment Standard ": Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users. " National Pollutant Discharge Elimination System or "NPDES Permit ": A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). " National Prohibitive Discharge Standard" or 'Prohibitive Discharge Standard ": Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. " Natural Outlet ": Any ditch, canal, stream, waterway, fake, river, pond, well, gully, or other water body. " New Source ": Any source, the construction of which is commenced after the publication of the proposed Pretreatment Standards under Section 307(c) of the Act, and which conforms to 40 CFR 403(k). " Pass Through ": A discharge of a pollutant from the POTW when such discharges causes a violation of any requirement of the POTW s NPDES permit, or a violation of a State of Federal water quality standard or increases the magnitude or duration of any violation and which is the result of a user's discharge of the pollutant either alone or in conjunction with other user's discharges of the pollutant into the POTW. A user contributes to pass through when the user: (1) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by City or permit or by State or Federal law; (2) Discharges wastewater which substantially differs in nature and constituents from the user's normal, average discharge; F:ldocslLOCAL LIMITSILocal Limits Agreement.doc Gage 5 -287- November 3. 2009 (3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other users, would result in pass through; or (4) Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its NPDES permit and that such user's discharge, either alone or in conjunction with discharges from other users, increases the magnitude or duration of the POTW's violations. " Person ": Any individual, firm, company, association, society, corporation, or group. " & ": Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. " Pollutant ": Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes; biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. " Pollution ": The man -made or man - induced alteration of the chemical, physical, biological, and radiological integrity of water. " Pretreatment ": The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful prior to or in lieu of discharging or otherwise introducing those pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or other process changes or by other means, except as prohibited by 40 CFR Section 403.6(d). " Pretreatment Requirements ": Any substantive or procedural requirement for treating of a waste prior to inclusion in the POTW. " Pretreatment Standards ": National categorical pretreatment standards or alternative discharge limits, whichever is applicable. " Publicly Owned Treatment Works (POTW) ": In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board and the collection sewer system owned and operated separately by the City of Boynton Beach and /or the City of Delray Beach (POTW). " Properly Shredded Garbage ": The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that ail particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension. " Public Sewer A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. " Regional Treatment Facilities ": The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regionaf Wastewater Treatment and Disposal Board. F:4docslLOCAL LIMITSIocal Limits Agreement.doc Page 6 -288- November 3, 2009 " Replacement ": Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. " Sanitary Sewage ": The household and toilet wastes resulting from human occupancy " Sanitary Sewer ": A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. "Sewage": A combination of the water - carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwaters as may be present. " Sewage Works ": All facilities for collecting, pumping, treating, and disposing of wastewater including the POTW. " Sewer ": A pipe or conduit for carrying sewage. " Shall " is mandatory; " is permissive. " Significant Industrial User ": Any industrial user of the Board Treatment Plant who: has a discharge flow of 25,000 gallons or more per work day; has a flow greater than 5% of the flow in the City's collection system; has toxic pollutants in excess of limits defined pursuant to Section 307 of the Act, Florida Statutes; or is judged by the POTW, City, State, or U. S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. " Significant Non - Compliance ": Means that violations of this Agreement by a user subject to pretreatment standards meet one or more of the following criteria: (1) Chronic Violation: 66% or more of all measurements taken for the same pollutant during a six -month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (2) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six -month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable TRC. (For categorical pretreatment limitations the TRC equals 1.4 for BOD, TSS, and Oil and Grease; and 1.2 for all other pollutants except pH; (3) An effluent violation caused interference or pass through or endangered the health of City or POTW personnel or the general public; (4) A discharge caused imminent endangerment to human health, welfare, or the environment and resulted in the City exercising its emergency authority under Section 30 of this Agreement; (5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; F:ldocslLOCAL LIMITSILocal Limits Agreement.doc Page 7 -289- November 3. 2009 (6) Failure to submit a required report within thirty (30) days of its due date; (7) Failure to accurately report non - compliance; or (8) Any other violation or group of violations which the Director determines may cause interference or pass through or will adversely affect implementation of the City's pretreatment program. " Significant Violation ": A violation that remains uncorrected 45 days after notification of non - compliance; which is part of a pattern of non - compliance over a twelve -month period; which involves a failure to accurately report non - compliance; or which resulted in the POTW exercising its emergency authority under Section 403.8(F)(1)(B) of the Act. " Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24 -hour concentration of flows during normal operation. " Standard Industrial Classification (SIC) ": Classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the President, Office of Management and Budget, as amended. "State ": State of Florida. " Storm Drain or " Storm Sewer ": A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. " Stormwater ": Any flow occurring during or following any form of natural precipitation and resulting therefrom. " Superintendent ": The person designated by the POTW to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Agreement, or his duly authorized representative. " Surcharge ": An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. " Suspended Solids ": Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. " Total Toxic Organics (TTO) ": Which is the summation of all quantifiable values greater than 0.01 milligrams per liter for the toxic organics listed under 40 CFR 433.11. " Toxic Pollutant ": Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts. FldocslLOCAL LIMITSILocal Limits Agreement.doc Page 8 -290- November 3, 2009 " Treatment Plant ": That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. " Treatment Works ": The wastewater treatment plant, interceptors, forcemains, lift stations, and collection systems. " User ": Any person who contributes, causes, or permits the contribution of wastewater into the POTW. " User Charge or " User Fee ": A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. " Wastewater ": The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings: industrial facilities, and institutions (whether treated or untreated) which is contributed into or permitted to enter the POTW. " Wastewater Treatment Plant ": Any arrangement of devices and structures used for treating wastewater, such as the POTW. " Watercourse ": A channel in which a flow of water occurs, either continuously or intermittently. 5. Compliance with Provisions or More Stringent Reaulations The use of public sanitary sewers and the POTW shall be as outlined in this Agreement or if more stringent standards are promulgated by law, then the more stringent standards shall supersede and be considered a part of this Agreement. 6. Disposal of Sewage Other Than Through Regional Facilities A) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city, county, state, or federal law. B) The disposal of sewage to the POTW shall be as outlined in this Agreement and shall be subject to standards which meet or exceed the CITIES' industrial and commercial waste ordinance requirements as shall exist from time to time, and shall also be subject to the provisions of the Interlocal Agreement dated December 26, 1974, between the CITIES creating the POTW. 7. Right to Refuse Waste Upon Noncompliance The CITIES shall adopt within their ordinance the right to refuse waste from any user where wastewater does not comply with the requirements of this Agreement. FAdocsILOCAL LIMITSILocal Limits Agreement.doc Page 9 - 291 - November 3. 2009 8. Damaging or Tampering With Sewage Works The CITIES shall adopt ordinances requiring that no person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. 9. Permit Required for Use of Public Sewer No unauthorized person shall be permitted to uncover, make any connections with or openings into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit or permission from the proper official empowered to do so by the CITIES, individually, whose public sewer is affected. 10. Wastes Discharged Into Sanitary Sewers to Meet Criteria The CITIES shall each be responsible to adopt ordinances or regulations to assure that all waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (POTW), shall meet or exceed the following criteria: A) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. B) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as storm sewers, or to a natural outlet approved by the proper City or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a storm sewer or natural outlet. C) No person shall discharge or cause to be discharged any of the following described waters or wastes to any sanitary sewers: (1) F#armable or explosive liquids or solids or gas including, but not limited to, gasoline, benzene naphtha, fuel oil, or other materials with a closed - cup flash -point of less than 140 degress Fahrenheit. (60 degrees Celsius) using the test methods specified in 40 CFR 261.21. (2) Any water or wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in sufficient quantity (either singly or by interaction with other wastes) to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. (3) Solid or viscous substances in quantities of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewer works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un- ground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders. F. L/M/TSILocal Limits Agreement.doc Page 10 -292- November 3, 2009 D) No person shall discharge or cause to be discharged the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances prohibited are as follows. (1) Any liquid having a temperature higher than 150 degrees Fahrenheit or causing the wastewater treatment plant influent to exceed 104 degrees Fahrenheit. (2) Any water or waste containing fats, wax, grease, or oils (whether emulsified or not) in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit (0 degrees Celsius and 60 degrees Celsius). Unless the user is approved by the City and provided further that the user complies with the requirements of the City's High Strength Sewer Surcharge. (3) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (4) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. (5) Any garbage that has not been properly shredded, which shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle size greater than 1/2 inch of any dimension. (6) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any waste treatment works. (7) Any wastes containing toxic substances in quantities in excess of the following limits and measured at the point of discharge into any sewer system, or any substance that will pass through the waste treatment facilities and exceed the state and federal requirements for receiving waters: FadocslLOCAL L1MlTSIocal Limits Agreement. doc Page 11 November 3, 2009 Parameter Limit Metals Arsenic 1.14 mg /I Cadmium .93 mg /I Chromium — Total 17.97 mg /l Copper 17.59 mg /I Lead 1.76 mg /I Mercury .45 mg /I Molybdenum 2.50 mg /I Nickel 5.37 mg /l Selenium 2.96 mg /l Silver 4.49 mg/I Zinc 2.28 mg /I Inorganics Chloride 645 mg/I Cyanide 1.72 mg /I pH 5.5 — 9.5 std units Temperature 150 degrees Fahrenheit Organics CBOD 400/700* mg /l COD 800/1,500* mg /I Oil and Grease 100/240* mg /I Petroleum Hydrocarbons 25 mg /I Phenol 5.0 mg /I Total Toxic Organics (T O) 5 mg /l (No 1 > 1.0 mg /1) TSS 400/500* mg /l Particle Size <1/2 inch Radioactive Elements Are Prohibited *Lower Surcharge LimWUpper Local Limit Subject to Enforcement Action. PIdocsILOCAL LIMITSILocai Limits Agreement.doc Page 12 -294- November 3, 2009 (8) Any waste from sodium -cycle cation exchange (water softening) units from industrial or commercial users where the chloride content exceeds 645 milligrams per liter. (9) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to handle those materials at the waste treatment facilities without a special permit issued by the City. (10) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (11) Any radioactive isotopes without a special permit issued by the City. (12) Under no conditions will the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system. (13) Any radioactive wastes or isotopes or half -life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (14) Volume of flow or concentration of wastes constituting slugs as defined herein. (15) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. (16) Any waters or wastes containing suspended solids in excess of 400 milligrams per liter unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge. (17) Any waters or wastes with a five (5) day, 20 degrees Celsius SOD greater than 400 milligrams per liter unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. (18) Any waters or wastes containing Chemical Oxygen Demand (COD) greater than 800 milligrams per liter unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. E) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this Section, and which, in the judgment of the POTW Executive Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or F:ldocslLOCAL LIMITS1Local Limits Agreement doc Page 13 - 295 - November 3. 2009 which otherwise create a hazard to Iffe or constitute a public nuisance, the Executive Director may evoke any of the following: (1) Reject the wastes (2) Require pretreatment to an acceptable condition for discharge to the public sewers (3) Require control over the quantities and rates of discharge (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the strength charge system. If the POTW permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the POTW and the City and subject to the requirements of applicable codes, ordinances, and laws and compliance schedules as established by the City. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time to time be established by EPA or other appropriate regulating governmental agency. F) Grease, oil, and sand interceptors are to be provided when, in the opinion of the Executive Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be so located as to be readily and easily accessible for cleaning and inspection. G) Where preliminary treatment or flow equalizing facilities and /or interceptors like but not limited to grease traps, lint traps, or grit traps are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the user at his expense. Interceptors must have watertight closures for their inspection covers. The covers themselves must be of a type which conforms with the Plumbing Codes of the Building Department of the City regulating the installation and maintenance of the interceptors. Use of solvents, detergents, soaps, and /or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. 11. Admission of Industrial and Commercial Waste The Cities shall adopt an appropriate Strength Surcharge System and ordinances and/or regulations intended to require their users of the public sewers or sanitary sewers to recognize and comply with the following: A) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. F:IdocsILOCAL LIMITSILocai Limits Agreement.doc Page 14 -296 - November 3, 2009 It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits. B) Approval in advance by the City is required for the admission of industrial or commercial wastes into the public sewers having the following: (1) A five day, 20 degrees Celsius BOD. greater than 400 milligrams per liter or chemical oxygen demand (COD) greater than 800 milligrams per liter. (2) A suspended solids content greater than 400 Milligrams per liter The user shall provide chemical analyses of the discharge according to a schedule to be established by the POTW and continued discharge shall be subject to approval by the City. C) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the City or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136, D) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain (at its sole expense) a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in- product water retention or other uses of metered flow, they may (at their sole expense) install a flow- metering device as approved by the Utilities Director. The control station shall be accessible to City personnel at all times for sampling. All authorized POTW or City employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this Agreement and the appropriate City Ordinances. F:IdocstLOCAL LIMITSILocal Limits Agreement. doc Page 15 - 297 - November 3. 2009 12. Compliance A) The CITIES shall adopt ordinances which require industrial users to provide necessary wastewater treatment as required to comply with this Agreement and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the POTW. Industrial with integrated facilities shall comply with any alternative discharge limits as set by the City. Any facility required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review at the request of the City. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the City prior to the user's initiation of the changes. B) All records relating to compliance with pretreatment standards shall be available to officials of the City, the POTW, EPA, or FDEP upon request. 13. Application of More Stringent Requirements; City Shall Notify Affected Users Upon promulgation of the national categorical pretreatment standards or alternative discharge limits for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this Agreement for sources in that subcategory, shall immediately supersede the limitations imposed under this Agreement and shall be considered part of this Agreement. After the CITIES receive notice, the CITIES shall notify all affected users of the applicable reporting requirement's under 40 CFR 403.12. 14. POTW Board's Right of Revision The POTW Board reserves the right to establish by resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this Agreement. 15. Excessive Discharge The CITIES shall adopt ordinances intended to prohibit all users from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, alternative discharge limits, or in any other pollutant- specific limitation developed by the city or state. 16. Prevention of Accidental Discharges A) The CITIES shall adopt ordinances to mandate that, where needed, a user shall provide protection from accidental discharge of prohibited materials or other substances required by this Agreement. Facilities to prevent FldocsILOCAL LIOTSILocai Limits Agreement. doc Page 16 -298- November 3, 2009 accidental discharge of prohibited materials shall be provided and maintained at the Owner's expense. B) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and /or regulated materials. The containment requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176. Containment requirements must meet or exceed the following criteria of this Agreement: (1) Containment Volume to be Provided shall be 150% of one item or 150% of the largest item or 15% of the total to be stored, whichever is to be largest. (2) Total Above - around Storage shall be less than 40,000 gallons. No one item larger than 6,000 gallons and no more than six (6) items at 6,000 gallons each are permitted at one site. (3) Storage Sheltering All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater shall be provided. (4) Conditions of the Stored Vessel All stored containers shall be maintained in sound condition; no rust, corrosion, or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. (5) Segregation of Chemically Reactive Contents Materials which are potentially reactive with each other shall not be stored in the same containment area (unless physical barrier separations are provided within the common area). (6) Stand -by Materials /Eguipment Absorbents and pumps for pumping out spills shall be available when needed. (7) Design of Containment Floor /Base The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. (8) Materials of Construction for Containment The walls, sidings, and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. C) On the request of the POTW Board, the City shall require the user to submit to the City for review detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the City. If further required by the City, a user who commences contribution to the public sewers after the effective date of this Agreement shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been F:ldocsV-OCAL LIMITSI,Local Limits Agreement.doc Page 17 -299- November 3. 2009 approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. D) The CITIES shall adopt ordinances that mandate that, in the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone, the Utilities Director, the Executive Director of the POTW, and the POTW. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions. 17. Written Report Required Describing Cause of Discharge Within five (5) days following an accidental discharge, the CITIES' ordinance shall require the user to submit to the POTW and to the City a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to public/sanitary sewer system, the sanitary sewer system, the POTW, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Agreement or other applicable law. 18. Notice of Violation /Repeat Sampling and Reporting If sampling performed by a user indicates a violation, the user must notify the CITIES within twenty -four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the CITIES within thirty (30) days after becoming aware of the violation. The user is not required to resample if the CITIES monitors at the user's facility at least once a month, or if the CITIES samples between the user's initial sampling and when the user receives the results of the sampling. 19. Notice to Employees in Event of Dangerous Discharge: Emergency Notification Procedure The CITIES' ordinances shall require a notice to be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call in the event of a dangerous discharge. Furthermore, all employers shall ensure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure. 20. Notification of the Discharge of Hazardous Wastes A) The Cities shall adopt ordinances intended to require all industrial users to have provisions for notifying the Executive Director of the POTW the EPA Regional Waste Management Division Director, and the state hazardous waste authorities in writing of any discharge into the City Sewer System of a substance which is a listed or characteristic waste under Section 3001 of RCRA or 40 CFR part 261. Such notification must include a description of any such wastes discharged, specifying the volume and concentration of such wastes and the type of discharge (continuous, batch, or other), F:IdocsILOCAL LIMITSILocal Limits Agreement.doc Page 18 - 300 - November 3, 2009 identifying the hazardous constituents contained in the listed wastes, and estimating the volume of hazardous wastes expected to be discharged during the following twelve (12) months. This requirement shall not apply to pollutants already reported under the self- monitoring requirements. B) Dischargers are exempt from requirements during a calendar month in which they generate no more than 100 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes which requires a one -time notification. Subsequent months during which the industrial user generates more than 100 kilograms of hazardous wastes do not require additional notification, accept for the acute hazardous wastes specified in 40 CFR 261.5(e), (f), (g), and 0). C) In case of the new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous wastes or listing any additional substance as a hazardous waste, the industrial user must notify the Utilities Director of the discharge of such substance within ninety (90) days of the effective date of such regulations, except for the exemption in Paragraph 2 of this Section. D) In the case of any notification made under this Section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. 21. Compliance Date Report Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public /sanitary sewer system, each City shall submit to the Executive Director, a monitoring report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified representative. 22. Periodic Compliance Report Each City shall submit to the POTW during the months of June and December, unless required more frequently in the pretreatment standard or by the POTW, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. In addition, this report shall include a record of all daily flows which, during the reporting period, exceed the average daily flow reported in the submission information. At the discretion of F:ldocsV-OCAL L1MITSlLocal Limits Agreement.doc Page 19 - 301 - November 3 .2009 the POTW and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the POTW may agree to alter the months during which the above reports may be submitted. 23. Monitoring Facilities A) Each City may require to be provided and operated, all at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement for the building sewer or internal drainage systems. The monitoring facility should normally be located on the user's premises, but the City may, when a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. B) The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with plans and specifications submitted to and approved by each City and all applicable local construction standards and specifications. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City. 24. Inspection and Sampling Each City, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this Agreement is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The City, POTW, state, DEP, and EPA shall have the right to set up on the user's property those devices that are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, POTW, DEP and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 25. Information and Data to be Made Available Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be made available to the public or other governmental agency in accordance with applicable state statutes or federal law. PWocslLOCAL L1M1TSiLocal Limits Agreement. doc Page 20 - 302 - November 3, 2009 26. Special Permit Required: Term A special permit will be required by the POTW for each City. The fixed life of a permit is set for one year from date of issue, and a renewed waste discharge permit will have a fixed life of one year. These permits involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth herein and also require enforcement by the Cities to prevent the discharge of wastes which exceed the sewage parameters for strength as defined in the Agreement. In order to effect these provisions, each City shall provide for development of a permit program for its users. 27. Application for Permits The Cities agree to administer a waste discharge permit program for all their industrial users as follows: A) The application for a waste discharge permit shall be of a form specified by each City. 6) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit certificate specifying limitations on what the user may discharge. The permittee may petition specific conditions of the permit for a period of thirty (30) calendar days following the date of issuance. After this period, the permittee waives all right to petition the conditions of the permit. C) The initial permit shall be effective for a period of no more than five years from date of issuance and must be renewed annually by the applicant in order to continue that waste discharge. D) An application for an initial permit shall be accompanied by a cashier's check in an amount as established by each City as a Permit fee plus the City's monitoring costs as prescribed by 40 CFR, 403. (1) Industrial and Commercial Waste Discharge Permit Form The form of permit for industrial and commercial wastes shall be as specified by each City. Specific provisions for continued acceptance by each City of the waste shall be attached to and made a part of the permit to discharge. Each City may prescribe those items as equalized flow discharge, pre - chlorination, or additional limitations on waste characteristics not adequately described in this Agreement, or may prescribe pretreatment quality, requirements for the waste flow in detail. (2) Renewal of Industrial and Commercial Waste Discharge Permit The application for a renewed waste discharge permit shall be of a form specified by each City. F:ldocslLOCAL LIMITSILocal Limits Agreement. doc Page 21 - 303 - November 3. 2009 E) Administration of Permits: (1) The administration of the industrial and commercial waste discharge permit program and the application of the surcharge formula imposes additional obligations of the Cities. (2) The Cities, in addition to determining the waste flow volumes and analyzing the wastes strengths for development of the surcharge, must also maintain an accurate record of the permit applications, permits, meter installation details, meter calibrations, and shall make available to each establishment the necessary renewal application forms. 28. Application of Surcharge Over Standard Use Fee A) The Cities shall adopt ordinances providing for a surcharge to be applied over and above the standard sewer use fee when the wastes from lot or parcel of land, upon which there is located any building or activity, contain BOD, COD, Ammonia, or suspended solids concentration higher than defined herein. B) The surcharge in dollars shall be computed by the formulas established by the Cities for the user charge and industrial cost recovery system. C) Nothing in this Agreement shall restrict the City from making additional adjustments in rates if it is found that the nature or quantity of the wastes creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Protection or the United States Environmental Protection Agency. 29. Responsibility for Treatment and Disposal The POTW is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. 30. Riaht to Enter Premises and Obtain Information Concernina Discharges A) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the POTW bearing proper credentials and identification shall be permitted to enter all properties for purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this Agreement. The official or his representatives will not inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. B) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the POTW bearing proper credentials and identification shall be permitted to enter all private properties through F:ldocslLOCAL LIM/TSILocal Limits Agreement. doc Page 22 - 304 - November 3, 2009 which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. 31. Suspension of Wastewater Treatment Service; Notice to Stop Discharne; Failure to Comply A) The Cities shall adopt ordinances providing that each City may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the City, in order to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the POTW, caused the POTW to violate any condition of its NPDES permit, or causes the City to be in violation of any of its agreements with the POTW. B) The Cities shall require that any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the City to cause the user to voluntarily comply with the suspension order, the POTW shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW systems or endangerment to any individuals. The POTW may reinstate the wastewater treatment service upon proof of the elimination of the non - complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days from the date of the occurrence. 32. Notification of Violations Whenever the POTW finds that any City has violated or is violating any of the provisions of this Agreement, or any prohibition, limitation requirements contained herein, or any regulations promulgated by the City pursuant to this Agreement, the POTW may serve upon that City a written notice stating the nature of the violation. Within thirty (30) days of the receipt of the notice, a plan for the satisfactory correction thereof shall be submitted to the POTW by the City. 33. Publication of Users in Significant Non - Compliance The POTW or the City shall publish annually, in the largest daily which, during the previous 12 months, were in significant non - compliance with applicable pretreatment standards and requirements. The term significant non - compliance shall mean: A) Chronic violations of wastewater discharge limits, defined here as those in which sixty -six percent (66 %) or more of wastewater measurements taken during a six month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; F:IdocsILOCAL LIMITSILocal Limits Agreement.doc Page 23 - I - November 3. 2009 B) Technical Review Criteria (TRC) violations, defined here as those in which thirty three percent (33 %) or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease and 1.2 for all other pollutants except pH); C) Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City personnel or the general public); D) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge; E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; G) Failure to accurately report non - compliance; H) Any other violations which the City determines will adversely affect the operation or implementation of the local pretreatment program. 34. False Statements of Documents Prohibited No person shall knowingly make any false statements, representation, or certification in any application record, report, plan, or other document filed or required to be maintained pursuant to this Agreement, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this chapter. 35. Show Cause Hearing A) Any party subject to enforcement action under the provisions of this Agreement may request a hearing before the Executive Director within ten (10) days of receipt of notification or proposed enforcement action. A hearing is to be held by the Director concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Executive Director why the proposed enforcement action should not be taken. B) The Executive Director may conduct the hearing and take the evidence, or, at the Executive Director's sole discretion, may designate the POTW attorney or an independent arbitrator to: F:ldocsV-OCAL L/MITSIocal Limits Agreement.doc Page 24 - 306 - November 3, 2009 (1) Issue, in the name of the Executive Director, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing. (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing). (3) Transit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Executive Director or his designee for action thereon. C) At any hearing held pursuant to this Agreement, testimony taken must be under oath and recorded stenographically, with the costs thereof to be borne by the user. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. D) After the Executive Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the non - compliance(s) stating that, following a thirty (30) day time period to provide remediation of non - compliance(s), penalties as per this Agreement shall go into effect. Further orders as are necessary and appropriate may be issued. E) The POTW shall also establish appropriate surcharges or fees to the Cities to reimburse the POTW for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this Agreement. F) Any action by the Executive Director or his designee may be appealed to the POTW Board. G) Costs for conducting a Show Cause Hearing shall be borne by the user requesting the hearing, if the enforcement action is upheld. 36. Legal Action Against User for Appropriate Relief If any person discharges sewage, industrial wastes, or other wastes into the City's wastewater disposal system contrary to the provisions of this Agreement, federal or state pretreatment requirements, or any Order of the City, and the City has not timely taken appropriate action to prevent such a violation, the POTW's attorney may commence an action against the City within whose collection system the violation is occurring, for appropriate legal relief, in the appropriate court which has jurisdiction. 37. Retention of Records Required The Cities shall adopt ordinances which require all users to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto, relating to monitoring, sampling, and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the POTW or the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. FAdocsILOCAL LINTSILoca1 Limits Agreement.doc Page 25 -307- November 3. 2009 38. Enforcement Plan The Cities shall adopt ordinances providing for an escalating enforcement strategy to be used by the Cities to maintain compliance with this Agreement. The various types of enforcement actions shall be used as determined by the Utilities Director depending on the severity of the violation. A copy of the enforcement plan will be kept on file at the POTW. 39. Penalties The Cities shall adopt, by ordinance, as a minimum, the following penalties: A) Civil Penalties The Cities shall adopt an ordinance providing that any user who is found to have violated an Order of the City or Ordinance adopted to provide for compliance with this Agreement or who fails to comply with any orders, rules, and regulations issued by the City pursuant to this Agreement, shall be penalized up to $1,000.00 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, each City may, to the extent permitted or authorized by law, recover reasonable attorneys' fees and other expenses of litigation by appropriate motions or suit at law against the user /person found to have violated this Agreement or the ordinances, orders, rules, regulations, and permits issued hereunder. B) Any person who shall continue any violation beyond the time limit provided for in this Agreement shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000.00 for each violation. Each day in which any violation shall continue shall be deemed a separate offense. C) Within thirty (30) days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Utilities Director. The Utilities Director may require further at such times as he deems appropriate. 40. Cost Recovery Formula At Board level, the costs for testing of each City's effluent line to the facility will vary with the number and types of industries reported to exist in each City. The following Cost Recovery Formula is hereby adopted and shall be applied to each City on the basis of such monitoring activity: 44. This Agreement supercedes in their entirety, all prior Industrial Waste and Pretreatment Agreements between the parties and all amendments thereto. F:IdocsILOCAL LIMITSILocal Limits Agreement.doc Page 26 - 308 - November 3, 2009 BOARD ORDINANCE PRETREATMENT COST RECOVERY FORMULA PC, = (Sa X S ,,) + (Ac X An) Formula Definitions; PC, = Pretreatment Monitoring Charge per City S = Sampling Activity Cost S„ = Number of Samples A, = Analysis Cost A„ = Number of Analyses F:ldocs4L0CAL LIMITSILocal Limits Agreement.doc Page 27 - 309 - November 3. 2009 IN WITNESS WHEREOF, the parties hereto have executed this Industrial Waste and Pretreatment Agreement this 1.Si'K day of 04 nlner , 20 e)q . ATTEST: ecretary ATTEST: City Clerk By: ATTEST: City Clerk SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOAR By: Chairman Woodrow Hay CITY OF BOYNTON BEACH Mayor By: CITY OF DELRAY BEACH Mayor APPROVED AS TO FORM: By: /L t n ' 4 ' 0 , 1 � Board Attorney /Roger Saberson F:ldocslLOCAL LIMITSILocal Limits Agreement.doc Page 28 - 310 - November 3, 2009 The above action is hereby ratified in open session by the City of Boynton Beach this day of 20 Witnesses: CITY OF BOYNTON BEACH By: Mayor (SEAL) Attest: City Clerk Approved as to form: City Manager City Attonney The above action is hereby ratified in open session by the City of Delray Beach this day of 20 Witnesses: CITY OF DELRAY BEACH (SEAL) By: Mayor Attest: City Clerk Approved as to form City Manager City Attorney FAdocslLOCAL LIMITS1Local Limits Agreement.doc Page 29 - ) - November 3. 2009 W, CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -171 — Delegate authority to the Fire Department Medical Director and other appropriate City officials to execute Memoranda of Understanding and other necessary documents between the City, Palm Beach County Health Department and the Florida Department of Health for the H 1 N 1 vaccination. EXPLANATION OF REQUEST: A resolution of the City Commission of the City of Boynton Beach, Florida approving the agreements and authorizing the appropriate City officials, including the Medical Director of the City of Boynton Beach Fire Department, to execute memoranda of understanding and other necessary documents between the City, Palm Beach County Health Department, and the Florida Department of Health, providing for the H1 N1 Vaccination; Providing for Conflicts ; Providing for Severability; and providing for an effective date. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This action will enable the Boynton Beach Fire Rescue Department to obtain a sufficient amount of the H1 N1 vaccine from the Palm Beach County Health Department, thus allowing the Boynton Beach Fire Department paramedics to administer the H1 N1 vaccine to City of Boynton Beach "first responders" (FD /PD personnel) who have voluntarily requested to become vaccinated against the H1 N1 (swine) virus. FISCAL IMPACT: None; the H1 N1 (swine) Influenza vaccine will be offered at no cost to the Boynton Beach Fire Rescue Department. ALTERNATIVES: Not to adopt a resolution for the delegation of authority from the City Commission to the Fire Department Medical Director, thus not allowing the Boynton Beach Fire Rescue Department to obtain and /or administer the H1 N1 (swine) Influenza vaccine to City of Boynton Beach "first responders" (FD /PD personnel). City of Boynton Beach "first responders" will effectively be on their own to seek alternate avenues to obtain the H1N1 vaccine. - 312 - November 3, 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE AGREEMENTS AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS, INCLUDING THE MEDICAL DIRECTOR OF THE CITY OF BOYNTON BEACH FIRE DEPARTMENT, TO EXECUTE MEMORANDA OF UNDERSTANDING AND OTHER NECESSARY DOCUMENTS BETWEEN THE CITY, PALM BEACH COUNTY HEALTH DEPARTMENT, AND THE FLORIDA DEPARTMENT OF HEALTH, PROVIDING FOR THE H1N1 VACCINATION PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Health and Human Services Secretary Michael O. Leavitt issued a Declaration for the Use of the Public Readiness and Emergency Preparedness Act (PREP ACT) dated January 26, 2007, and amended on November 30, 2007 and October 17. 2008. with respect to certain avian influenza viruses; and WHEREAS, on April 26, 2009, Acting HHS Secretary Charles Johnson determined that a nationwide Public Health Emergency existed with potential to national security. and WHEREAS, following her confirmation by the senate as Secretary of HHS, on July 24. 2009 Secretary Kathleen Sebelius renewed the Public Health Emergency declaration of April 26. 2009; and WHEREAS, the Florida Department of Health has developed an H 1N 1 Swine Flu Mass Vaccination Campaign; and WHEREAS, City Officials have been working with the Department of Health to develop contingency plans relative to the storage, dispensing and administration of the HIN1 Flu vaccine; and WHEREAS, the City Manager recommends that authority be delegated to the appropriate City Officials to execute those agreements required by the Florida Department of Health and the Palm Beach County Health Department providing for City participation in the HINT Campaign attached hereto as Exhibit 1; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize the appropriate City Officials to execute the prerequisite - 313 - November 3. 2009 agreements between the City and the Florida Department of Health and the Palm Beach County Health Department. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1 . The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2 . The City Commission of the City of Boynton Beach hereby approves the agreements and further authorizes to the appropriate City Officials to execute the agreements between the City of Boynton Beach and the Florida Department of Health and the Palm Beach County Health Department attached hereto as Exhibit 1. Section 3 . This Resolution shall become effective immediately upon adoption and passage by the City Commission. - 314 - November 3, 2009 PASSED AND ADOPTED this day of CITY OF Bo'' NTON BEACH. FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner- Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - ) - November 3. 2009 Memorandum of Understanding Palm Beach County Health Department and City of Boynton Beach Fire and Rescue Medical Director Whereas, HHS Secretary Michael O. Leavitt issued a Declaration for the Use of the Public Readiness and Emergency Preparedness Act ( "PREP Act ") dated January 26, 2007 ( "Original Declaration "), as amended on November 30, 2007 and October 17, 2008 with respect to certain avian influenza viruses, and, Whereas, on April 26, 2009, Acting HHS Secretary Charles Johnson determined that a nationwide Public Health Emergency existed, with potential to affect national security, and, Whereas, on June 11, 2008 the WHO Director - General Dr Margaret Chan issued a statement raising the level of pandemic influenza alert to Phase 6, beginning the 2009 Influenza Pandemic, and, Whereas, on June 19, 2009 the Secretary issued a PREP Act declaration identifying the pharmaceuticals Tamiflu and Relenza as "covered countermeasures" to address the threat of or actual human influenza that results from the infection of humans with highly pathogenic avian influenza A viruses including the swine H 1 N 1 virus, and, Whereas, on June 25, 2009 the Secretary issued a PREP Act declaration similarly identifying the 2009 H1N1 vaccines as a "covered countermeasure" for that same purpose, and, Whereas, on July 14, 2009 the FDA issued an Emergency Use Authorization letter expanding uses of Tamiflu for treatment and prophylaxis of influenza, and, Whereas, following her confirmation by the Senate as Secretary of HHS, on July 24, 2009 Secretary Kathleen Sebelius (the "Secretary") renewed that Public Health Emergency declaration, Whereupon, the Parties agree as follows: I. Parties The Parties to this Memorandum of Understanding are the Florida Department of Health, Palm Beach County Health Department ( "Palm Beach CHD" or "DOH" or "Department ") and Medical Director of City of Boynton Beach Fire and Rescue ( "Medical Director "). DOH will implement this Memorandum of Understanding consistent with Chapters 401, 465 and 499, Florida Statutes and Rules 641 (Pharmacy rules), and 64J -1 (EMS rules), F.A.C. II. Purpose To provide the "covered countermeasure" 2009 H1N1 vaccines to Palm Beach County residents and visitors. This MOA establishes the terms, conditions, and responsibilities between the parties for administration of the vaccine which will be delivered into Florida by the federal government and its agents. - 316 - November 3, 2009 III. Legal Authority for MOU Sections 381.0011(5), (11); and sections 381.003(1)(d). (I)rel, F.S. IV. Definition of Terms Vaccine — the 2009 Influenza A (HIND monovalent vaccine distributed for the US Department of Health and Human Services and the CDC, through McKesson corporation. Administration or Administer — the obtaining and giving of a single dose of medicinal drugs by a legally authorized person to a patient for her or his consumption. Sec. 465.003(1), F.S. Florida SHOTS — the centralized online immunization registry described at sec. 381.003(1)(e), F.S. and Rule 64D- 3.046(6) -(8), F.A.C. V. Intended Beneficiaries, No Private Right Created The parties to this Agreement further agree and covenant that this Memorandum of Understanding is binding on the parties, their heirs -at -law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below, and does not create or confer any right or benefit on any other person or party, private or public. Nothing in this Memorandum of Understanding is intended to restrict the authority of either signatory to act as provided by law or regulation, or to restrict any agency from enforcing any laws within its authority or jurisdiction. VI. Mutual Exchange of Promises PALM BEACH CHD Responsibilities: 1. To provide training to the EMS PERSONNEL OF CITY OF BOYNTON BEACH FIRE AND RESCUE ( "paramedics ") for information security, data entry, health screening for vaccination and administration of the Influenza A (H1N1) 2009 monovalent vaccine including vaccination target groups, type of vaccine, dosage, administration, storage and adverse reactions. 2. To provide a list to the City of Boynton Beach Fire Rescue Medical Director of paramedics who have successfully completed the Influenza A (HINT) Vaccination Training. 3. To organize HIN1 flu vaccination sites and activities. DOH reserves the right to exclude any paramedic(s) from influenza administration. 4. To provide Public Health Nurses who will do problem solving and answer technical questions as needed by telephone. 5. To provide the Influenza A (H 1 N1) 2009 monovalent vaccine, and necessary vaccination supplies and personal protective equipment (PPE). 6. To schedule vaccination sites and to advertise their locations and times of operation. 7. To provide a means of documenting the administration of vaccine that is consistent with the Florida SHOTS registry and DOH policies and procedures. - 317 - November 3. 2009 MEDICAL DIRECTOR Responsibilities (as to EMS PERSONNEL OF CITY OF BOYNTON BEACH FIRE AND RESCUE acting under this MOU: 8. To provide to Palm Beach CHD a completed and signed form DH 1256, verifying vaccine administration qualifications of the EMS PERSONNEL OF CITY OF BOYNTON BEACH FIRE AND RESCUE ( "paramedics ") listed thereon. 9. To assign such qualified paramedics who will administer the Influenza A (H1N1) 2009 monovalent vaccine. 10. Information Security: The paramedics shall maintain confidentiality of all data, files, and records including client records related to the services provided pursuant to this MOU and shall comply with state and federal laws, including, but not limited to, sections 384.29, 381.004, 392.65 and 456.057, F.S. Procedures must be implemented by the paramedics to ensure the protection and confidentiality of all confidential matters. These procedures shall be consistent with the DOH Information Security and Privacy Policy 2007 which is incorporated herein by reference and the receipt of which is acknowledged by the paramedics upon execution of this Agreement. The paramedics will adhere to any amendments to the Department's security requirements provided to the Medical Director during the period of this Agreement. The paramedics must also comply with any applicable professional standards of practice with respect to client confidentiality. 11. To assess each client's need for the vaccine by using a screening questionnaire supplied by the DOH. The screening questionnaire will assist the paramedics to assess each client's health status, allergies, and reactions to previous immunizations. 12. To administer to each client the Influenza A (H 1 N 1) 2009 monovalent vaccine utilizing the correct routes, sites, and doses according to established DOH and CDC Advisory Committee on Immunization Practices recommendations. 13. To document immunization actions on the immunization card and in the Florida SHOTS or other approved form. 14. To properly store and handle the vaccine and to adhere to vaccine storage and handling requirements during transportation of the vaccine and at the community sites. 15. To follow the Department's established Courtesy Standard, which states: "Treat customers, the public and staff with courtesy, respect and dignity and present a positive public image." 16. To refer to the Public Health Nurse questions that may require more in -depth immunization knowledge or problem solving. VII. Record - Keeping & Audit Cooperation Paramedics must maintain separate and apart from other prescription drug inventory any vaccine received from DOH or Palm Beach CHD or from McKesson relevant to activities addressed under this MOU and in its possession. Paramedics must maintain and produce immediately for inspection all records of movement or transfer of any vaccine received from DOH or Palm Beach CHD relevant to activities addressed under this MOU, including, but not limited to, the records of receipt and disposition of vaccine. - 318 - November 3, 2009 Paramedics may administer vaccine only to consenting clients and must return any unused vaccine to the Palm Beach CHD. VIII. No Indemnification Each party who is a state agency or subdivision, as defined in section 768.28, F.S.. agrees to be fully responsible only to the extent provided by section 768.28, F.S., for the negligent acts or omissions or tortious acts of its oven employees, agents or principals which result in claims or suits against each party respectively, and agrees to be liable for any damages proximately caused by said acts or omissions or torts. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this MOU. No state agency or subdivision indemnifies any other party or person, beyond the above re- statement of the law, no matter the circumstances. Any indemnification arising under this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under this MOU or the termination of this MOU for any reason. IX. Insurance Each Party, at his /her expense, shall maintain ordinary property and liability insurance. X. Assignment or Sub - Contracting No party shall assign, transfer, pledge, or dispose of this MOU or any interest therein, whether as security for any of its indebtedness or otherwise. Subject to the foregoing, this MOU inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. XI. Waiver No failure of any party to enforce any term hereof shall be deemed to be a waiver. XII. Dispute Resolution Any dispute arising from this MOU is to be resolved according to Florida law, which controls same, and such disputes may be resolved only in the Fifteenth Judicial Circuit of Florida courts. In any such legal action, venue lies in Palm Beach County Florida. The parties agree to engage in mediation of all legal actions arising from this MOU, the cost of mediation services to be divided equally among the parties. If any provision of this MOU is determined by settlement or by judgment of a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect notwithstanding. XIII. Severability & Survivability - 319 - November 3. 2009 If any provision of this MOU is determined by settlement or by judgment of a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect notwithstanding. XIV. Venue and Choice of Law Any dispute arising from this MOU is to be resolved according to Florida law, which controls same, and such disputes may be litigated only in the Fifteenth Judicial Circuit of Florida courts. In any such legal action, venue lies in Palm Beach County, Florida. XV. Amendment All terms and conditions of this MOU are fully set forth in this document. There are no other terms or other agreements outside this document. This agreement may be amended at any time by a writing setting out the signed mutual agreement of the parties. This MOU is the complete agreement of the parties. There are no other agreements, written or otherwise. XVI. Effective Date, Term & Termination This MOU shall become effective upon the signature of both parties and shall remain in effect until otherwise agreed to by the parties. This MOU may be terminated by either party without cause upon no less than 30 days written notice to the other party, unless a lesser time is mutually agreed upon in writing by both parties. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. XVII. Authority to Bind Principals The persons executing this MOU on behalf of their respective agency parties hereby represent and warrant that they have the right, power, legal capacity, and appropriate authority to enter into this Memorandum of Understanding on behalf of the agency for which they sign. Alina Alonso, M.D. Director Palm Beach County Health Department Kenneth Scheppke, M.D. Medical Director City of Boynton Beach Fire and Rescue Date Date - 320 - November 3. 2009 Memorandum of Understanding Palm Beach County Health Department and Fire and Rescue Medical Director Whereas, HHS Secretary Michael O. Leavitt issued a Declaration for the Use of the Public Readiness and Emergency Preparedness Act ( "PREP Act ") dated January 26, 2007 ( "Original Declaration "), as amended on November 30, 2007 and October 17, 2008 with respect to certain avian influenza viruses, and, Whereas, on April 26, 2009, Acting HHS Secretary Charles Johnson determined that a nationwide Public Health Emergency existed, with potential to affect national security, and, Whereas, on June 11, 2008 the WHO Director - General Dr Margaret Chan issued a statement raising the level of pandemic influenza alert to Phase 6, beginning the 2009 Influenza Pandemic, and, Whereas, on June 19, 2009 the Secretary issued a PREP Act declaration identifying the pharmaceuticals Tamiflu and Relenza as "covered countermeasures" to address the threat of or actual human influenza that results from the infection of humans with highly pathogenic avian influenza A viruses including the swine H1 N1 virus, and, Whereas, on June 25, 2009 the Secretary issued a PREP Act declaration similarly identifying the 2009 H1 N1 vaccines as a "covered countermeasure" for that same purpose, and, Whereas, on July 14, 2009 the FDA issued an Emergency Use Authorization letter expanding uses of Tamiflu for treatment and prophylaxis of influenza, and, Whereas, following her confirmation by the Senate as Secretary of HHS, on July 24, 2009 Secretary Kathleen Sebelius (the "Secretary") renewed that Public Health Emergency declaration, Whereupon, the Parties agree as follows XVIII. Parties The Parties to this Memorandum of Understanding are the Florida Department of Health, Palm Beach County Health Department ( "Palm Beach CHY or "DOH" or "Department') and Medical Director of Fire and Rescue ( "Medical Director "). DOH will implement this Memorandum of Understanding consistent with Chapters 401, 465 and 499, Florida Statutes and Rules 64F- 12 (Pharmacy rules), and 64J -1 (EMS rules), F.A.C. XIX. Purpose To provide the "covered countermeasure" 2009 H1 N1 vaccines to Palm Beach County residents and visitors. This MOA establishes the terms, conditions, and responsibilities between the parties for administration of the vaccine which will be delivered into Florida by the federal government and its agents. XX. Legal Authority for MOU Sections 381.0011(5), (11); and sections 381.003(1)(d), (1)(e), F.S. XXI. Definition of Terms Vaccine — the 2009 Influenza A (H1 N1) monovalent vaccine distributed for the US Department of Health and Human Services and the CDC, through McKesson corporation. Administration or Administer — the obtaining and giving of a single dose of medicinal drugs by a legally - 371 - November 3, 2009 authorized person to a patient for her or his consumption. Sec. 465.003(1), F.S. Florida SHOTS — the centralized online immunization registry described at sec. 381.003(1)(e), F.S. and Rule 64D- 3.046(6) -(8), F.A.C. XXII. Intended Beneficiaries, No Private Right Created The parties to this Agreement further agree and covenant that this Memorandum of Understanding is binding on the parties, their heirs -at -law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below, and does not create or confer any right or benefit on any other person or parry, private or public. Nothing in this Memorandum of Understanding is intended to restrict the authority of either signatory to act as provided by law or regulation, or to restrict any agency from enforcing any laws within its authority or jurisdiction. XXIII. Mutual Exchange of Promises PALM BEACH CHD Responsibilities: 17.To provide training to the EMS PERSONNEL OF FIRE AND RESCUE ( "paramedics ") for information security, data entry, health screening for vaccination and administration of the Influenza A (H1 N1) 2009 monovalent vaccine including vaccination target groups, type of vaccine, dosage, administration, storage and adverse reactions. 18.To provide a list to the Fire Rescue Medical Director of paramedics who have successfully completed the Influenza A (H1N1) Vaccination Training. 19.To organize H1N1 flu vaccination sites and activities. DOH reserves the right to exclude any paramedic(s) from influenza administration. 20.To provide Public Health Nurses who will do problem solving and answer technical questions as needed by telephone. 21.To provide the Influenza A (H1 N1) 2009 monovalent vaccine, and necessary vaccination supplies and personal protective equipment (PPE). 22.To schedule vaccination sites and to advertise their locations and times of operation. 23.To provide a means of documenting the administration of vaccine that is consistent with the Florida SHOTS registry and DOH policies and procedures. MEDICAL DIRECTOR Responsibilities (as to EMS PERSONNEL OF RESCUE acting under this MOU: FIRE AND 24.To provide to Palm Beach CHD a completed and signed form DH 1256, verifying vaccine administration qualifications of the EMS PERSONNEL OF FIRE AND RESCUE ( "paramedics ") listed thereon. 25.To assign such qualified paramedics who will administer the Influenza A (H1 N1) 2009 monovalent vaccine. 26. Information Security: The paramedics shall maintain confidentiality of all data, files, and records including client records related to the services provided pursuant to this MOU and shall comply with state and federal laws, including, but not limited to, sections 384.29, 381.004, 392.65 and 456.057, F.S. Procedures must be implemented by the paramedics to ensure the protection and confidentiality of all confidential matters. These procedures shall be consistent with the DOH Information Security and Privacy Policy 2007 which is incorporated herein by reference and the receipt of which is acknowledged by the paramedics upon execution of this Agreement. The paramedics will adhere to any amendments to the Department's security requirements provided to the Medical Director during the period of this Agreement. The paramedics must also comply with any applicable professional standards of practice with respect to client confidentiality. - 322 - November 3, 2009 27.To assess each client's need for the vaccine by using a screening questionnaire supplied by the DOH. The screening questionnaire will assist the paramedics to assess each client's health status, allergies, and reactions to previous immunizations. 28.To administer to each client the Influenza A (H1 N1) 2009 monovalent vaccine utilizing the correct routes, sites, and doses according to established DOH and CDC Advisory Committee on Immunization Practices recommendations. 29.To document immunization actions on the immunization card and in the Florida SHOTS or other approved form. 30.To properly store and handle the vaccine and to adhere to vaccine storage and handling requirements during transportation of the vaccine and at the community sites. 31.To follow the Department's established Courtesy Standard, which states: "Treat customers, the public and staff with courtesy, respect and dignity and present a positive public image." 32.To refer to the Public Health Nurse questions that may require more in -depth immunization knowledge or problem solving. XXIV. Record - Keeping & Audit Cooperation Paramedics must maintain separate and apart from other prescription drug inventory any vaccine received from DOH or Palm Beach CHD or from McKesson relevant to activities addressed under this MOU and in its possession. Paramedics must maintain and produce immediately for inspection all records of movement or transfer of any vaccine received from DOH or Palm Beach CHD relevant to activities addressed under this MOU, including, but not limited to, the records of receipt and disposition of vaccine. Paramedics may administer vaccine only to consenting clients and must return any unused vaccine to the Palm Beach CHD. XXV. No Indemnification Each party who is a state agency or subdivision, as defined in section 768.28, F.S., agrees to be fully responsible only to the extent provided by section 768.28, F.S., for the negligent acts or omissions or tortious acts of its own employees, agents or principals which result in claims or suits against each parry respectively, and agrees to be liable for any damages proximately caused by said acts or omissions or torts. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this MOU. No state agency or subdivision indemnifies any other party or person, beyond the above re- statement of the law, no matter the circumstances. Any indemnification arising under this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under this MOU or the termination of this MOU for any reason. XXVI. Insurance Each Party, at his /her expense, shall maintain ordinary property and liability insurance. XXVII. Assignment or Sub - Contracting No party shall assign, transfer, pledge, or dispose of this MOU or any interest therein, whether as security for any of its indebtedness or otherwise. Subject to the foregoing, this MOU inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. XXVIII. Waiver ;23 - November 3. 2009 No failure of any party to enforce any term hereof shall be deemed to be a waiver. XXIX. Dispute Resolution Any dispute arising from this MOU is to be resolved according to Florida law, which controls same, and such disputes may be resolved only in the Fifteenth Judicial Circuit of Florida courts. In any such legal action, venue lies in Palm Beach County Florida. The parties agree to engage in mediation of all legal actions arising from this MOU, the cost of mediation services to be divided equally among the parties. If any provision of this MOU is determined by settlement or by judgment of a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect notwithstanding. XXX. Severability & Survivability If any provision of this MOU is determined by settlement or by judgment of a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect notwithstanding. XXXI. Venue and Choice of Law Any dispute arising from this MOU is to be resolved according to Florida law, which controls same, and such disputes may be litigated only in the Fifteenth Judicial Circuit of Florida courts. In any such legal action, venue lies in Palm Beach County, Florida. XXXII. Amendment All terms and conditions of this MOU are fully set forth in this document. There are no other terms or other agreements outside this document. This agreement may be amended at any time by a writing setting out the signed mutual agreement of the parties. This MOU is the complete agreement of the parties. There are no other agreements, written or otherwise. XXXIII. Effective Date, Term & Termination This MOU shall become effective upon the signature of both parties and shall remain in effect until otherwise agreed to by the parties. This MOU may be terminated by either party without cause upon no less than 30 days written notice to the other party, unless a lesser time is mutually agreed upon in writing by both parties. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. XXXIV. Authority to Bind Principals The persons executing this MOU on behalf of their respective agency parties hereby represent and warrant that they have the right, power, legal capacity, and appropriate authority to enter into this Memorandum of Understanding on behalf of the agency for which they sign. Alina Alonso, M.D. Director Palm Beach County Health Department Date - 324 - November 3, 2009 Medical Director M. D. Date Fire and Rescue - ) - November 3. 2009 6.N CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/3/09 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -172 — Approve the agreement to extend ESRI, Inc. annual software maintenance in the amount of $31,745, in accordance with the attached quotation. EXPLANATION OF REQUEST: City departments use Geographical Information Systems (GIS) to produce computer - generated maps and charts that help visualize the City's massive collections of data. The GIS connects the locations with tabular information to allow staff to recognize patterns, relationships, and trends. This process yields an entirely new perspective that cannot be seen in a table or list format. Using mapping software, City departments have: • Developed better routes for City vehicles, including Solid Waste, Parks, Street Maintenance, Fire - Rescue, Police, and Code Compliance. Better routes result in: • Faster response time, • Less need for additional staff, • Reduced fuel consumption, and • Less wear and tear on vehicles. • Improved City address files. • Dispatchers rely on accurate address information to dispatch police and fire. • In addition, correct address information will improve the accuracy for customer billing and land ownership records. • Analyzed data and presented it more clearly via maps. o Recently GIS maps of foreclosed properties helped the City qualify for a $32 million federal grant. Since the inception of the City's GIS program, the City has been depending on ESRI Inc. software products for many of these mapping projects. ESRI is the industry leader in GIS, and - 326 - November 3, 2009 is used by nearly 80% of the worldwide GIS users from all professions. ESRI serves an estimated one - million users in approximately 200 countries. ESRI is used extensively by Palm Beach County and other area cities, so the City can share data and maps across the area. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? • Both the Information Technology Services (ITS) and other City Departments depend on ESRI, Inc. for continued software upgrades to: • Take advantage of new GIS technology, and • Remain compatible with other government entities, so we can continue to share maps and data (e.g., Palm Beach County Property Appraiser data and maps). • ITS and other Departments phone ESRI for technical problems and questions. • Without continued support, internal staff might not be able to finish current or new GIS projects. • Sometimes these projects are needed very quickly in response to federal or other initiatives, so ESRI's support can be critical to their timely completion. FISCAL IMPACT: The annual renewal fee for ESRI, Inc software upgrades and maintenance is budgeted in the ITS /GIS Software Maintenance Account, as follows. Account Budget Amount #001 - 1511- 513 -46 -91 $31,745.00 ALTERNATIVES: Eliminate ESRI annual software maintenance. • By doing this, the City would remain on the current software level. Over time, the software would become incompatible with ESRI versions in use at other area government agencies, and the City would no longer be able to share maps and data. • The City would still need to pay ESRI if any phone support was needed for our current versions. • In addition, ESRI has a policy of charging for back support, if- and -when annual software upgrades and technical support are later re- instituted. - 327- November 3. 2009 RESOLUTION NO. R09 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A SOFTWARE MAINTENANCE AND SUPPORT QUOTATION IN THE AMOUNT OF $31,745.00 FOR THE CITY'S G.I.S SYSTEM, BETWEEN THE CITY OF BOYNTON BEACH AND ESRI, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the annual maintenance provides free software upgrades, 24/7 technical support, GIS User newsletters and magazines and free registration for 3 users at the Annual GIS Users Conference; and WHEREAS, staff has recommended that the City approve and execute the Quotation #25375342 dated October 26, 2009 in the amount of $31,745.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, at the recommendation of staff, hereby authorizes and directs the City Manager to execute the Maintenance Quotation #25375342 dated October 26, 2009, in the amount of $31,745.00 between the City of Boynton Beach, Florida and ESRI, Inc., a copy of said Quotation is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. - 328 - November 3, 2009 PASSED AND ADOPTED this day of November, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 329 - November 3, 2009 ESRI ESRI Inc 380 New York Street REDLANDS CA 92373 SUBJECT: MAINTENANCE QUOTE DATE: 10/26/2009 TO: Carolina ORGANIZATION: CITY OF BOYNTON BEACH INFORMATION TECHNOLOGY SERVICES FAX #: 561 - 742 -6092 PHONE #: 561 - 742 -6068 FROM: Mary Jo Weatherford FAX #: 909 - 307 -3083 PHONE #: 888 - 377 -4575 Ext. 2245 EMAIL: mweatherford @esri.com Number of pages transmitted (including this cover sheet): 6 QUOTATION #25375342 DOCUMENT DATE: 10/2612009 Please find the attached quotation for your forthcoming software maintenance term. Keeping your maintenance current entitles you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. For details about the maintenance program benefits for your licensing, please visit http: / /gis.esri.com /software /maintenance /qualifying.cfm Customers who have multiple copies of some ESRI products may have the option of supporting some of their licenses with secondary maintenance. Please contact Customer Service to find out more about the availability of secondary maintenance. For information about ESRI Desktop terms and conditions, please visit http: / /www.esri.com/ legal / pdfs /mla_e204_e300 /english.pdf; for information about ESRI Server software, Developer software, or Web services terms and conditions, please visit http: / /www.esri.com /legal /pdfs /mla.pdf If you have any questions or need additional information, please contact Customer Service at 888 - 377 -4575. November'), 2009 380 New York Street REDLANDS, CA 92373 Quotation Phone: 888-377-45752-245 Fax # 909- 307 -3083 Date: 10/26/2009 Quotation Number: 25375342 Send Purchase Orders To: ESRI, Inc. 380 New York Street Redlands, CA 92373 -8100 Attn: Mary Jo Weatherford CITY OF BOYNTON BEACH Please include the following remittance address INFORMATION TECHNOLOGY SERVICES on your Purchase Order: PO Box 310 ESRI Inc. BOYNTON BEACH FL 33425 File #54630 Attn: Carolina Los Angeles, CA 90074 -4630 Customer Number: 101023 For questions regarding this document, please contact Customer Service at 888 - 3774575 Item Qty Material# Unit Price Extended Price 10 1 52384 3,000.00 3,000.00 Arclnfo Concurrent Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 1010 3 52385 1.200.00 3,600.00 Arclnfo Concurrent Use Secondary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 2010 1 86497 1,500.00 1,500.00 Arc Editor Concurrent Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 3010 2 87194 700.00 1.400.00 ArcView Concurrent Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 4010 16 87195 500.00 8,000.00 ArcView Concurrent Use Secondary Maintenance Start Date: 10/02/2009 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute. Inc. (ESRI). Any estimated sales and /or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays stale taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 fcSBATCHDQM To expedite your order, please reference your customer number and this quotation number on your purchase order. - 331 - November 3. 2009 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45752245 Fax #:909- 307 -3083 Quotation Page 2 Item oty Material# Unit Price Extended Price End Date: 10/01/2010 5010 1 87232 500.00 500.00 ArcGIS Spatial Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 6010 1 87198 500.00 500.00 ArcGIS 3D Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 7010 1 98696 500.00 500.00 ArcGIS Publisher Concurrent Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 8010 1 92628 500.00 500.00 ArcGIS Survey Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 9010 1 87192 400.00 400.00 ArcView Single Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 100109 87193 300.00 2,700.00 ArcView Single Use Secondary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 11010 1 98880 295.00 295.00 ArcPad Annual Support Assistance Program (ASAP) Start Date: 10/02/2009 End Date: 10/01/2010 12010 1 87270 500.00 500.00 ArcPad Application Builder Primary Maintenance This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and /or use tax at the actual date of invoicing, if your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 ICSBATCHDOMI To expedite your order, please reference your customer number and this quotation number on your purchase order. - 332 - November 3, 2009 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45752245 Fax # 909 - 307 -3083 Quotation Page 3 Item Qty Material# Unit Price Extended Price Start Date: 10/02/2009 End Date: 10/01/2010 130105 87217 150.00 750.00 ArcSDE Developer Support Group Read Only Server Connection Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 14010 1 98134 500.00 500.00 ArcGIS Data Interoperability Concurrent Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 15010 1 100571 500.00 500.00 ArcGIS Network Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 16010 1 112894 1,600.00 1,600.00 ArcLogistics Tele Atlas North America (USA and Canada) Street Data Single Use Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 17010 1 115680 5,000.00 5,000.00 ArcGIS Server Standard Enterprise Up to Four Cores from ArcIMS 9.1 Migrated Maintenance Includes ArcGIS Server Basic Enterprise Up to Four Cores from ArcSDE 9.1 Migrated Maintenance Bundle 170201 109839 ArcGIS Server Standard Enterprise Up to Four Cores Migrated Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 17030 1 109840 ArcGIS Server Basic Enterprise Up to Four Cores Migrated Maintenance Start Date: 10/02/2009 End Date: 10/01/2010 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and /or use tax has been calculated as of the date of this quotation and is merely proviced as a convenience for your organization's budgetary purposes. ESRI reserves the right to he and collect sales and /or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 IcSaATCHOOMJ To expedite your order, please reference your customer number and this quotation number on your purchase order. November 3. 2009 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45752245 Fax #:909- 307 -3083 Item Qty Material# Quotation Page 4 Unit Price Subtotal Estimated Tax Total DUNS /CEC:06- 313-4175 CAGE:OAMS3 Extended Price 31, 745.00 0.00 $ 31,745.00 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchasellicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and /or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and /or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 ICSBATCHDOMI To expedite your order, please reference your customer number and this quotation number on your purchase order. - 334 - November 3 , 2009 380 New York Street REDLANDS, CA 92373 Phone: 888. 377- 45752245 Fax #: 909 307 -3083 Item Qty Material# Quotation Page 5 Unit Price Extended Price BY SIGNING BELOW, YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. To expedite your order, either attach a copy of this quotation to your purchase order when it is remitted to ESRI, or sign below and return this quotation to indicate your acceptance. ESRI's address and fax number are provided on the first page of this quotation. If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax ESRI the signed quote in its entirety in order for the quote to be accepted. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date. By signing below, you are authorizing ESRI to issue a software support invoice in the amount of $ plus sales tax, if applicable. Please check one of the following: I agree to pay any applicable sales tax. i am tax exempt. Please contact me if ESRI does not have my current exempt information on file. Please indicate on your purchase order if this purchase is funded through the American Recovery and Reinvestment Act, and whether ESRI is a Prime Recipient, Sub - recipient, or Vendor for reporting purposes. Signature of Authorized Representative Date Name (Please Print) Title This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase /license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute. Inc. (ESRI). Any estimated sales and /or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued Sy: Mary Jo Weatherford Ext: 2245 icSBATCHDOMI To expedite your order, please reference your customer number and this quotation number on your purchase order. - 335 - November 3, 2009 6. O CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ I ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Approve the "Purchase of one new and unused Chevy Extended Cargo Van to include a Control /Equipment Room along with Computer Hardware and Desktop Touchscreen" Bid # 058 - 2821 -09 1JA to Optical Robotics d/b /a Cobra Technologies of Smyna, Georgia in the amount of $98,960.00 EXPLANATION OF REQUEST: On July 23, 2009 Procurement Services opened and tabulated three (3) Bids. After review it was determined by the Utilities Department to recommend the bid award to Optical Robotics as the most responsive and responsible bidder and who met all of the bid specifications. The piece of equipment is utilized as our CCTV Inspection Truck which televises the condition and evaluation of our wastewater pipeline system. The existing TV Truck is due for replacement in the fleet replacement program. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES: The existing TV Truck's CCTV equipment and computer hardware /software can no longer be supported, serviced or repaired. The equipment has become outdated and obsolete. The purchase of the new TV Truck will allow the City to work with the latest CCTV technology and computer hardware /software. The new equipment allows for better imaging thru the latest camera technology and all of the data and images are produced on an electronic and digital format for easy use, viewing and storage by the department staff. FISCAL IMPACT: BUDGET ACCOUNT: BUDGET AMOUNT: 501 -2516- 519 -64 -33 $98,960.00 ALTERNATIVES: Alternative would be to continue to use the existing TV Truck which has passed its useful life and can no longer function effectively with its existing equipment. - 336 - November 3, 2009 MEMORANDUM Utilities #09 -133 To: Carol Doppler Purchasing Agent From: Kofi Boateng, P.E. Utilities Director Subject: New TV Truck Bid #058- 2821 -09lJA On July 23, 2009 the City of Boynton Beach received bids for (1) new and unused Chevy Extended Cargo Van to include a Control Room /Equipment Room along with CC TV Computer Hardware and Desktop Touchscreen for televising and inspecting the City's wastewater system. The bids were received, opened and reviewed. After further review by the Utilities Department we are recommending approval of Cobra Technologies bid for a total cost of $98,960.00. Cobra was the lowest most responsive bid and all of their specifications listed in the bid items meet our specifications and approval Please present this recommendation at the next available City Commission meeting for their consideration and approval. If you have any questions please feel free to contact me at ext. 6401. TL/kb Attachments XC: Michael Low Pete Mazzeila Tony Lombardi Barb Conboy Dan Spooner Steve Weiser, Public Works - 337 - November 3. 2009 Page 1 of 2 Lombardi, Tony From: Weiser, Steven Sent: Monday, September 14, 2009 3:09 PM To: Lombardi, Tony Subject: RE: Sid#058- 2821 -09 /JA Tony I will need the bid document and final numbers and any supporting information. Steven Weiser Fleet Administrator City of Boynton Beach Boynton Beach, FL 33425-0310 Off: 561.742.6215 Cell: 561.727.9563 Fax: $61.742.6217 America Is Gahn ay to the Gv1*& am From: Lombardi, Tony Sent: Thursday, September 10, 2009 11:08 AM To: Allen, Janet; Doppler, Carol Cc: Weiser, Steven; Low, Michael Subject: RE: Bid #058- 2821 -09 /]A Importance: High I discussed with Steve and he will move the bid forward for Commission approval. What are you looking for in the way of official correspondence from the Utility Department recommending the Cobra Bid? Anthony I Lombardi Maintenance Manager City of Boynton Beach Utilities E -Mail Lombardit @bbfl.us Office (561) 742 -6421 Fax (561) 742 -6298 Cell (561) 951 -2248 From: Allen, Janet Sent: Wednesday, September 09, 2009 7:32 AM To: Lombardi, Tony; Weiser, Steven Cc: Doppler, Carol Subject: FW: Bid #058- 2821 -09 /JA 10/16/2009 - 338 - November 3, 2009 l=ive 2 or From: Sales, Cobra Technologies [mailto:sales@cobratec.com] Sent: Tuesday, September 08, 2009 6:01 PM To: Allen, Janet Subject: RE: Bid #058-2821 -09 /)A Janet, Yes, please recommend Cobra Technologies for the award in the amount of $98,960.00. We are delighted to be selected for presentation to the Commission. Thank you! Claire From: Allen, Janet [mailto:Ailen) @bbfl.us] Sent: Tuesday, September 08, 2009 5:34 PM To: sales@cobratec.com Subject: Bld #05B- 2821 -09 /]A Claire, According to your figures as follows: Section I: Vehicle Price Section II: Control Room /Equipment Room Section III: CCTV Equipment Mini Camera Option (Option) Section IV: $32,835.00 $7,500.00 $40,125.00 (Corrected from 98,025.99) $4,500.00 $ 14,000.00 TOTAL: $98,960.00 Please note your addition comes to $98,960.00 after changing the CCTV Equipment from $30,125.00 to $40,125.00. With your okay, $98,960.00 is the amount that we are recommending to Commission for award. Please advise if your would like for us to recommend your company to Commission with an award of $98,960.00 Please call Carol Doppler, Purchasing Agent at (561) 742 -6323 if you should have any further discussion on this matter. Thank you Janet Allen 10/16/2009 November 3. 2009 Page 1 of 5 Lombardi, Tony From: Allen, Janet Sent: Monday, August 31, 2009 2:37 PM To: 'Shana Bridgeman' Cc: Doppler, Carol; Lombardi, Tony Subject: RE: Bid#058- 2821 -09 /JA Attachments: image001.emz Shana I know that we are in a cone of silence until the bid is awarded, but in this case are we allowed to call Cobra and tell them that we are going to accept their total bid amount for $99, 000.00? As, they have been in the loop thus far? Please get back with me at your earliest convenience. Thanks Janet Allen From: Shana Brldgeman [mailto:SBridgeman @cityatty.com] Sent: Friday, August 28, 2009 8:37 AM To: Allen, Janet Subject: FW: Bid #058 - 2821 -09 /JA Importance: High !;a7 Shama H. Bridgeman Attorney at Law Goren, Cherof, Doody, & Ezrol, P.A. 3099 East Commercial Blvd., #200 Ft. Lauderdale, FL 33308 Ph: 954 -771 -4500 Fax: 954-771-4923 sbridaemenOcityatty. com www.citvatty.com Disclaimer: This E Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 -2521 and is legally privileged. The information contained in this E -Mail is intended only for use of the individual or entity narned above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E -Mail in en*or, please notify the sender immediately at the phone number above and delete the information from your computer. F'iease do not copy or use it - for any purpose nor disclose its contents to any other person. From: Shana Bridgeman Sent: Friday, August 28, 2009 8:31 AM To: Swanson, Lynn; Doppler, Carol Subject: RE: Bid #058- 2821 -09 /JA Importance: High I spoke with Jim. We both agree that since the Cobra will still be the lowest bid and the equipment is being provided at a significant discount, we can accept the line -item correction with the total bid amount at $99,000. 10/16/2 009 - 340 - November 3, 2009 Page 2 of' 5 Shana H. Bridgeman Attorney at Law Goren, Cherof, Doody, & Ezrol, P.A. 3099 East Commercial Blvd., #200 Ft. Lauderdale, FL 33308 Ph: 954 - 771 -4500 Fax: 954 - 771 -4923 sbridpemanl5>cit, yatty. com www.Offltty.com Disclaimer. This E -Matt is covered by the Electronic Communications Privacy Act, 113 U.S.C. §§ 2510- 2521 and is legally privileged. The information contained in this E -Mail is Wended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination. distribution, or copying of this comntunicatton is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the in formation from your computer. Please do riot copy or Use itfor any purpose nor disclose its contents to any other person. From: Swanson, Lynn [mailto :SwansonL @bbfl.us] Sent: Tuesday, August 25, 2009 9:20 AM To: Shana Bridgeman Subject: FW: Bid #058 - 2821 -09 /JA Carol asked me to follow -up on this item. any comments? Lynn Swanson Paralegal City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 (561) 742 -6053 (561) 742 -6054 - Fax SWansanL9bbf1. us From: Bridgeman, Shana Sent: Thursday, August 20, 2009 11:20 AM To: Swanson, Lynn Subject: FW: Bid #058 - 2821 -09 /)A From: Doppler, Carol Sent: Thursday, August 20, 2009 11:20:14 AM To: Bridgeman, Shana Subject: FW: Bid#058- 2821 -09 /JA Auto forwarded by a Rule Shana: 1 0/16/2009 - I - November 3. 2009 Page 3 of 5 I go along at this point what about you? Please advise. Thank you so much. CaroC 56 1- 74 2- 63 2 3 From: Sales, Cobra Technologies [mailto:sales @cobratec.com] Sent: Thursday, August 20, 2009 10:05 AM To: Doppler, Carol Subject: RE: Bid #058 - 2821 -09 /]A Bello Carol, We are the manufacturer therefore "wholesaler" of Cobra Equipment. We design, manufacture and sell the Cobra line inspection equipment and data solutions and operate under the name of Optical Robotics LLC dba Cobra Technologies. Optical Robotics is our manufacturing arm. We are selling our equipment to the City of Boynton Beach at a very aggressive bid price versus list price due to the competitive environment, as I'm sure is demonstrated in the bid proposals, and because we want to maintain the City as a customer of Cobra; the City currently is using our CIMS software. Note where my earlier email states traditionally and in a "normal" pricing environment, this equipment would be bid at anywhere from $118,000- 125,000, but because of the economic environment today, it is a buyer's market... bids now are covering costs. Yes, it is correct that our proposal is $40, 125. Please give either me or Alan Grant a call so that we may further clarify — 800 - 443 -3761. Thanks, Claire From: Doppler, Carol [mailto:DopplerC @bbfl.us] Sent: Wednesday, August 19, 2009 11:02 AM To: Sales, Cobra Technologies Cc: Allen, Janet; Howard, Tim Subject: RE! Bld #058- 2821 -09 /]A Claire: Good morning Claire. I reviewed the document you sent me with the prices for the CCTV Equipment (section III on the proposal) yet it does not have a wholesaler nameladdress /phone#. Please provide as requested in my original e-mail as evidence to the actual cost. My understanding of your letter below is that the price of Section III is noted at 74,497.49 on the document and your new price would be $40,125.00. Am I right that you are quoting us a price for Section III $33, 472.00 less than what you are buying it for? Please explain. Thank you CaroC 10/16/2009 - 342 - November 3, 2009 Page. 4 of 561 -742 -6323 From: Sales, Cobra Technologies [mailto:sales @cobratec.com] Sent: Friday, August 14, 2009 2:23 PM To: Doppler, Carol Subject: RE: Bid #058- 2821 -09 /JA Carol, Attached is our price list for each of the components comprising Section III: CCTV Equipment. It should be understood, however, that the sum of the parts is greater than the whole. Further, as demonstrated in our bid, given today s environment, we are not adhering to any "typical pricing ". Typically, this total system would bid at +/- $123,000; however, with pricing being driven down in the industry, primarily due to the economic conditions we are all facing today, nothing is typical. Simply, it is a buyer's market as I would suspect is evidenced in the bids you received. We are experiencing this atypical pricing with awards to low bidder across the country except in municipalities where one supplier is preferred over another. Just this week we were not awarded a bid though we were $7,000 lower than the preferred supplier. Therefore, given no "typical" or standard, we worked back from a total system amount we could live with then worked from that number to fill in the blanks for each individually priced item in your bid; which is why I sent you the pencil work sheet demonstrating where the miscalculation occurred. Is this our "typical" approacl - 0 fro, but again nothing is typical in the marketplace today. For your information, typically, separate pricing is not requested; only one bid price is requested for the entire system. Again, Cobra hopes the information we have submitted assures purchasing that an honest, substantiated calculation was made. To drive the price down any further is certainly not a win /win solution in the best interests of all concerned. Claire ( (I �) Claire Hanson Cobra Technologies Phone: 800- 443 -3761 Phone: 770-435-8991 Fax: 770 - 435 -0402 clairehansonOwbratec. com www.cobratec.com From: Doppler, Carol [mailto:DopplerC @bbfl.us] Sent: Tuesday, August 11, 2009 4:38 PM To: sales @cobratec.com Subject: FW: Bid #058 - 2821 -09 /JA Ms. Hansen: I received your call this morning but I have been in meetings today so I would appreciate it if you can e-mail! me 10116/ - 343 - November 3. 2009 Page 5 of 5 your questions. Thank you Carol 561-742-6323 From: Doppler, Carol Sent: Monday, August 10, 2009 3:42 PM To: 'sales @cobratec.com' Cc: Bridgeman, Shana; Cherof, James; Lombardi, Tony; Allen, Janet Subject: Bid #058 - 2821 -09 /JA Ms. Hansen: In reference to your error on section III for the CCTV Equipment please note on Page 3 of the document entitled Specifications for Multi- Conductor TV Inspection System provides as follows: It is the intent and purpose of these specifications to secure for the City the necessary equipment and accessories that will comprise and function as a complete inspection system and is the basis on which the bidder's proposal must be made, Accordingly, the price quoted for each "Section" is what governs, as each "Section" is comprised to function as a "complete inspection system ". Such price per section is "the basis on which the bidder's proposal must be made ". The fact that the total amount of the "Sections" was miscalculated by the bidder does not alter the amount per "Section" that was specifically bid by Cobra Technologies. Therefore, unless your company (Cobra Technologies) can show, by clear and convincing evidence, that an error was made, the manner in which it occurred, and the intended price for the CCTV, the price listed per "Section" must govem. Such evidence from your company must include a swom affidavit under oath and documentation which supports that the CCTV pricing was erroneous. If you have any questions, please call. Carol Doppler, CPPB Purchasing Agent City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 561 - 742 -6323 10/16/2009 - 344 - November 3, 2009 .arms• jum jmwnai, t4uJ1 lCnJYVI'IA 16d.G, ttr.arunJtvr otuunn wttu AnL'.1> Am, Jr GI'.1r11,A1. "'o :aria Doppler, CPPB, Pu c a ing Agent UCIIAZ!14��� - Tony Lonbar i, tilities Maintenance Manage PURCHASE OF ONE NEW AND UNUSED CHEVY EXTENDED CARGO VAN TO INCLUDE A CONTROL ROOMIEQUIPMENT ROOM ALONG WITH CC COMPUTER HARDWARE AND DESKTOP TOUCHSCREEN BID DUE DATE: JULY 23, 2009 BID DUE TIME. 2:30 P.M BID # 058- 2821 -09 1JA "Offers fmm the vendors Ilsled herein are the only oftets received tinrJy as of the above receiving date and time. WI other offers submitted in response to this sallatatim, tt any, erc hereepy n>= as lete VENDORS ELXSI dfb/a CUES OPTICAL ROBOTICS d/b /a COBRA TECH. SOUTHERN SEWER EQUIPMENT SALES, 3600 RIO VISTA AVENUE 4806 WRIGHT DR., BLDG. C 3409 INDUSTRIAL 27TH STREET ORLANDO, FL 32805 SMYRNA, GA 30082 FORT PIERCE, FL 34946 Tel: BW327 -7791 Tel: 770-436-8991 Tel: 800- 782-4134 FAX: 407-4251569 FAX: 770.435 -0402 FAX: 772 - 595 -9171 C ontact: David Doolittle Contact: Claire Hanson Contact: Mike Wood SECTION L' VEHICLE $32,688.00 $32,835.00 $43,090.00 PRICE $11,137.00 SECTION II: CONTROL ROOM/ $10,000.00 $7,500.00 EQUIPMENT ROOM PRICE SECTION III: CCTV EQUIPMENT $46,312.00 $502698 $38,511.00 PRICE $40,125.00 See Page 2 MINI CAMERA (OPTION) $5,900.00 $4,500.00 $5,134.00 PRICE $13,078.00 SECTION IV: COMPUTER $14,000 -00 $14,000.00 HARDWARE TOTAL PRICE FOR ALL COMPONENTS AS LISTED TOTAL PRICE FOR ALL COMPLETE $108,900.00 $98,960.00 $110,950.00 VEHICLE INCLUDING OPTION FOR MINI CAMERA v CALENDAR DAYS FOR DELIVERY 65 to 75 45 to 60 $120.00 NUMBER OF BID PROPOSALS ONE ONE ONE SUBMITTED SPECIFICATION CHECK -OFF SHEETS YES YES YES SUBMITTED 0 O f� N QJ O R i to It rrl t PURCHASE OF ONE NEW AND UNUSED CHEVY EXTENDED CARGO VAN TO INCLUDE A CONTROL ROOMIEQUIPMENT ROOM ALONG WITH COMPUTER HARDWARE AND DESKTOP TOUCHSCREEN PURCHASE OF ONE NEW AND UNUSED CHEW EXTENDED CARGO VAN TO INCLUDE A CONTROL ROOM/EQUIPMENT ROOM ALONG WITH CC COMPUTER HARDWARE AND DESKTOP TOUCHSCREEN BID DUE DATE: JULY 23, 2009 BID DUE TIME: 2:30 P.M. BID 1105 &2821 -09 /JA 'Offers from the vendors listed herdn are the mly offers received Umely as d the above receiving date and time. NI other offers submitted In response to this solicitation, H any, are hereby rejected as lete VENDORS ELXSI dWa CUES OPTICAL ROBOTICS d/b/a COBRA TECH. SOUTHERN SEWER EQUIPMENT SALES, 3600 RIO VISTA AVENUE 4806 WRIGHT DR., BLDG. C 3409 INDUSTRIAL 27TH STREET ORLANDO, FL 32805 SMYRNA, GA 30082 FORT PIERCE, FL 34946 Tel: 800- 327 -7791 Tel: 770 - 435-8991 Tel: BDO- 782 -4134 FAX: 407 - 425.1569 FAX: 770 -435 -0402 FAX: 772 - 595 -9171 Contact: David Doolittle Contact: Claire Hanson Contact: Mike Wood WARRANTY INFORMATION YES YES YES ENCLOSED PRODUCT LITERATURE SUBMITTED YES YES YES ANTI - KICKBACK AFFIDAVIT YES YES YES SUBMITTED CONFIRMATION OF MINORITY YES /NOT A MINORITY YES /NOT A MINORITY YES/WOMAN OWNED BUSINESS SUBMITTED OWNED BUSINESS OWNED BUSINESS STATE OF FL OFFICE OF SUPPLIER DIVERSITY CONFIRMATION F DRUG FREE YES YES YES WORKPLACE SUBMITTED COMMENTS Miscalculation rn 0 0 N rn N O 2 d cn PURCHASE OF ONE NEW AND UNUSED CHEVY EXTENDED CARGO VAN TO INCLUDE A CONTROL ROOM /EQUIPMENT ROOM ALONG WITH COMPUTER HARDWARE AND DESKTOP TOUCHSCREEN SPECIFICATIONS FOR MULTI CONDUCTOR TV INSPECTIO!\ SYSTEM This bid is to establish a price for a Main Line Gravity inspection System to be utilized by the City of Boynton Beach, Utility Department, Wastewater Collection Division. The department currently has two units and this will be a replacement for one of the two. All equipment will be delivered F.O.B. to the Department of Public Works, Fleet Maintenance at 222 NE 9 th Avenue, Boynton Beach, FL 33435. For technical questions and/or additional information, please contact Tony Lombardi, Utilities Maintenance Manager, at (561) 742 -6421, or email at lombardit®BBFL.US GENERAL It is the intent and purpose of these specifications to secure for the City the necessary equipment and accessories which will comprise and function as a complete inspection system and is the basis on which the bidder's proposal must be made. All furnished equipment, materials and lAvrkmanship shall be of the highest grade in accordance with modern industry practices. The equipment supplied shall be new and unused except for the necessary testing, calibration and transportation. Ali items furnished in accordance with these specifications shall be covered by the manufacturer's and/or supplier's standard warranty or guarantee on new equipment. The minimum warranty period on new equipment must be one year parts and labor. Please place an X on the blank tine next to each item if specification is met. If exception is taken (alternatives), Bidder must explain using a separate sheet of paper. Bidder must submit Specification "Check Off' sheets (4 -9) , 14th Proposal Blank in order for a bid to be considered. 3 THIS PAGE TO HE SUBMITTED ALONG WITH PROPOSAL In ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - 347 - November 3. 2009 SPECIFICATIONS CONINNUED... ONE NEW CCTV PISPECTION SYSTLIIi SECTION I• VEHICLE VEHICLE V Must provide Current Model Year 1 Ton Chevy Extended Cargo Van ✓ Vehicle shall have 6.6 L Diesel Vehicle shall have Automatic Transmission V Vehicle shall have Locking Differential V Vehicle shall have Heavy Duty Battery ✓ Vehicle shall have Air Conditioning/Heat y" Vehicle shall have raised roof full length W' height ✓ Truck shall be white in color INVERTER POWER PACKAGE � Must provide 2.5 KW inverter with 3 stage battery charger with battery isolator Must provide AN 8D AGM Cell installed in battery box An Auto transfer switch must be installed inside the cab Must provide an installed commercial power supply receptacle, cord and plug SECTION II: CONTROL ROO:VllEOITIPMENT ROOM CONTROL ROOM ✓ Must have a bulkhead wall to separate control room and equipment room with a window to view into the equipment room 4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE M NSIDERED COMPLETE AND ACCEPTABLE _ 348 _ November 3, 2009 SPECIFICATIONS CONTINUED... Must include a walk thru access door to pass through from control room to equipment room ✓ Floor shall consist of a washable industrial no -skid covering _!,/_ Walls and ceiling shall consist of a finished laminated washable surface ✓ The operator's area control room chair shall be a swivel floor mount type with adjustable settings to move in/out and up/down ✓ Computer console must be able to swivel and rotate for easy access to the rear of the equipment V Two dual receptacle GFI electrical outlets must be included V Must provide adequate 12 -Voh Fluorescent fighting V Must provide a mounted fire extinguisher for electrical fires EQUIPMENT ROOM ✓ Must provide adequate 12 -VDC fluorescent lighting in equipment for visibility Floors shall be an industrial grade and sealed at all perimeters of room to retain water from wash down ✓ Install a 20 gallon water storage tank with 25' of wash down hose on a retractable reel _ Utilize entire area under the equipment room floor for tool box drawers and camera lowering poll storage ✓ Must install a 19" LCD Indoor /Outdoor color video monitor for easy viewing from back of equipment room %^ (2) dual receptacle GFI electrical outlets must be installed 5 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - 349 - November 3. 2009 SPECIFICATIONS CONTINUED— SECTION III: CCTV E-01 ENT CCTV EQUIPMENT IN COR'TROL ROOM CONTROL PANEL Must have a camera power controller unit (PCL) multi conductor rack mount and desk mount universal crawler controller Must Install a 19" LCD Indoor /Outdoor color LCD monitor for viewing inspections ✓ Must provide a panel to include power system control switches �_ Must provide a parcel to include interior systern lighting switches CCTV EQUIPMENT IN EQUIPMENT ROOK! CABLE AND CABLE REEL ✓' Video cable assembly shall consist of Kevlar Fiber Armored, 0.410 Diameter 2000 1b, rating 1 000 ft multi- conductor cable with single Kevlar Armored cable stainless steel 12 pin terminal connector Must include a 'A" Fiber Armored cable tow and tag line bridle set Cable must be installed on a sealed Liquid Metal Slip Ring cable reel with electric gear motor rewind and electric freewheel clutch v Reel controls shall include freewheel drive select switch, local eontrol, transfer switch to permit locaUromote selection and an electronic interlock reel brake to prevent cable over run _ Must provide a footage meter with sealed electronic counter b THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - I - November 3, 2009 SPECIFICATIONS CONTINUED... CRAWLER ASSEMBLY ✓ 8" Crawler assembly must include rubber tire lift wheels for capabilities up to 24" diameter pipe ✓ , Crawler must include a Multi- Conductor Hi- Torque Planetary Gear Motor v' Motor must have ability to move forward /reverse and freewheel, drive with full control of crawler speed Crawler must have an automatic freewheel clutch V Attached to the crawler must be a lowering and recovery harness v Cable shall make a single connection to crawler by way of 90 degree stainless steel swivel with a set 3116 "adjustable tow chains PAT', TILT AND ZOOM CAMERA k-- Must provide a Pan, Tilt and Zoom Camera System _ The system shall include a solid state color sewer TV camera with a pan & rotate camera head tZ�_The camera must have the ability to I Ox optical zoom with the highest quality and clarity color system and utilizing a Led lighting system for optimal lighting and lighting must be field changeable CABLE MANHOLE GUIDE SYSTEM t,"' Must provide a Manhole Top Roller assembly with Downhole Roller (Tiger Tart) MINI CAMERA FOR INSPECTION 3 TO 6" PIPE ✓ Mini Camera must have a power Control Unit s� Mini Camera must have a power Indicator Mini Camera must have an LED 9" Color Monitor 7 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - 3 1 - November 3. 2009 SPECIFICATIONS CONTINUED... t/ Mini Camera must have a DVD Carrying Case with wheels and pull handle for mobility V Mini Camera must have a complete monitor and camera controls with variable light intensity V Mini Camera must have an SS Camera Head for inspection of 3" to 6" pipe with integrated LED t--• Mini Camera must have a lighting push cable reel assembly with 100 ft push cable SECTION: IV COMPUTER HARDWARE DELL PRECISION R500 RACK WORKSTATION: ;. i_____ The Computer Workstation shall be a DELL Precision 85400 model rack workstation or equal: To Include the following: ki _ Physical case Material: Must be steel 0.047 inches (Minimum) Front F'uash, Background Wrinkle Black (or equivalent), Text White and Case Dimensions: (3U) Front Face 19.00 Inches (Rack Mountable) ✓ Operating Temperature: Must be + 40'F to t 100 'F, Storage TemperaAue: 0 F to + 125'F ►i' The unit shall also provide adequate airflow for cooling with increased restriction on input ELECTRICAL: ✓ Power Supply; Must be Power 40OW Minimum ✓J loput: Must be 90 -264 VAC Full Range ✓ Must have a VGA Graphics Card, PCI- Express x 16 Must have a NA idia GeForce 7300 GT, 256MB GDDR2 ✓ Must have a MPEG Capture Card, PCI B THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - 352 - November 3, 2009 SPECIFICATIONS CONTINUED... V� Must have Microsoft Windowszx XP Professional SP2 t' Must be pre - installed and supplied with media OEM License must be visible on outside of chassis Note: Removable hard drives and bot -swap modules shall be physically identified for configuration & maintenance ELO 1515L 15" LCD DESKTOP TOUCHSCREEN: v " Desktop touchscreen shall be ELO model 1515 15" LCD touchscreen or equal IMAGE CAPTURE ✓ / Digitized picture images shall be stored on the system controller's hard disk drive ✓ Picture files shall be exportable to Industry Standard JPEG Format and transferable by disk to an external personal computer utilizing . standard viewers and printers Captured images shall have the ability to be printed on an ink jet color printer ✓ Picture files shall be stored and linked to the inspection data Software shall be capable of capturing images from field - generated video, which may be viewed on the office computer using the applicable video hardware interface Software shall have the ability to store up to 5 images for each observation VIDEO CAPTURE ✓ Selected live video sequences shall be captured and stored on the system controller's hard disk drive Compressed video file clips shall be stored in industry standard MPEG format and transferable by disk to an external personal computer utilizing standard viewers 9 T141S PAGE TO BE SUBMITTED ALO \G WITH PROPOSAL IN ORDER FOR BID PACKAGE To BE CONSIDERED COMPLETE AND ACCEPTABLE - ;5; - November 3. 2009 COBRA TEGINCLOGI ES CITY OF BOYNTON BEACH COBRA CCTV INSPECTION SYSTEM Mounted On Chevy Extended One Ton Cargo Van, Diesel Any Item in the bid apecdlcations, unless spec ficagy excluded, is incorporated by reference in these Bid documents submitted by Optical Robodcs, LLC dbe Cobra Technotogrles'"! TMs is to cover uninW tlanal omissions that may occur /n M a processing of the bid documents. VEHICLE 1 White 2009 Express 3500 Extended Cargo Van, BAL Diesel, Automatic Transmission, Air ConditioninglHeat, Locking differential to Include: 1 Standard Drivers Seat with Seatbelt and Sun visor 1 Raised roof full length 24" height 1 Heavy duty battery INVERTER POWER PACKAGE 4 TV Utility Van Power Package to include: 1 2.5 KW Pure Sine Wm Inverter with 3 stage battery charger 1 Battery Isolator 1 8D AGM Cell installed in Battery box 1 Commercial Power Supply Receptacle, Cord and Plug 1 Auto Transfer Switch CONTROL ROOM 1 TV Ugly Van Control Room Interior to Include: 1 Spray Uner Floor, Ceiling and Wall Covering Washable 1 Walk Thru access from control room to equipment room 1 Bulkhead Wall 1 Built In Control Console Rack Mounts Installed on Lazy Susan with Equipment, Desk Top with System Controls installed 1 24" 12 -Volt Fluorescent Lamp 1 Electrical Outlet Dual Receptacle GFI 1 Operator Chair, Swivel floor mount 1 Fire Extinguisher, mounted 10BC ECKWMENT ROOM 1 TV Utility Van Equipment Room Interior to Include: 1 12 -VDC Fluorescent Light Fixture 2 Electrical Outlet Dual Receptacle GFI 1 20 Gallon Water storage Tank with 25' ofwash down hose on retractable reel 1 Two-DtawerTool Box instaAed under video reel (AV2460 O/E) 1 Spray Lined floors, walls and ceiling Mth 2' min angle on sides and front to retain water from wash down 1 19" LCD Color Video monitor 1 Entire area under equipment room Floor to be used for tool box drawers and camera lowering poll storage OptW nobtift LLC Cobra Tech nologleslm 4808WrighMe, ft. VSmyr..&GA3DO82 Tex M4354M Fax: 7n435-%02 Sides: &r"3-3761 - 354 - November 3, 2009 EQUIPMENT SPECIFICATIONS POWER CONTROL UNIT 1 Camera controller Multi Conductor Rack Mount 1 Camera Test Cable COLOR INDUSTRIAL TV MONITOR 1 19" Color LCD Monitor Indoor /Outdoor DATA LOGGER WITH INTEGRATED MPEG VIDEO COMPRESSION PACP Certified Rack Mounted Dell Computer per City speclfications to Include: ENCLOSURE REQUIREMENTS Characteristics This section defines the physical, environmental and electrical requirements for the assembly. Physical Case Material: Steel 0.047 Inches (Minimum) Front Finish: Background Wrinkle Black (or Equiv) Text white Case Dimensions: Height 5.25 Inches (3U) Width 16.91 lurches Depth 16.15 Inches Mount Front Face 19.00 inches (Rack Mountable) Environmental Operating Temperature: +40 of to +100 of Storage Temperature: 0 F to +125 of Electrical Power Supply: Power. 40CW Single, Input 90 -264 VAC Full Range VGA Graphics Card, PC] Express x 16 NVidla GeForce 7300 GT werMB GDDR2 MPEG Capture Cad, PCI MS Windows XP Professional SP2 preinstalled and supplied w/ media Removable HD identified for configuration & maintenance TOUCH SCREEN 1 ELO 15' Industrial LCD monitor shall be supplied with Touch Screen interface for data e ntry 1 Data Logger Software Sulte to Include. 1 PACP data format with other formats available as required 1 Image capture button to capture JPEG images for storage on database or immediate printing 1 Footage Display for primary and selectable secondary footage (lateral footage) 1 Footage Calibration software module 1 Comparator display on 15' LCD screen displaying JPEGs of PACPI WRc published defects for comparison with live video I Hardware Video compressor MPEG 1, MPEG 2 to include: 1 Fully standard complaint IPB frame video and synchronous audio MPEG capture in real time at a minimum of SIF Resolution at 1.5Mb /seo based on MPEG 1 specifications Customer to select MPEG Codec required- 1 Preview screen of decoded MPEG compressed video allowing users to check the mpeg video file configuration. Operator shall have on screen controls to adjust the video settings when the mpeg video file is open to optimize the recorded file. 1 Certified Pause function Integrated into MPEG software to generate a single Mpeg Fite irrespective of the number of pauses encountered during an inspection. The resulting file can be replayed on any commercially available player. 1 Composite and SVHS Video input with audio 1 Integrated Elapsed time Codec Opticor Raboft = Cobra Technologies'" 4808 M91:11WA alOp V Smym, GSA 3082 Tel: M 436AGI Fox 770.435-0402 Ssles: 80M4347 - 355 - November 3. ?009 Information Management Software package (Truck Verslon) to include: 1 Transfer utility 1 PACP compliant data transfer utility FOOTAGE METER 1 Footage Meter with Seated Electronic Counter VIDEO CABLE 1 Video Cable Assembly, Kevlar Fiber Armored, 0.410 Diameter, 2000 lb. rating 1 D00 Ft Multi- Conductor to include: 1 Single Kevlar Armored Cable Terminal Connector 12 pin Stainless Steel 1 Tow and Tag Line Bridle Seth" Fiber Armored Cable TV INSPECTION CABLE REEL 1 Self- Laying TV Inspection wiCable Reel, Electric Gear Motor Rewind and Electric Freewheel Clutch to include: 1 Freewheel Drive Select Switch 1 Local Control 1 Desk Mount Control 1 Transfer Switch to Permit LocallRernote Selection 1 Sealed Slip Ring 1 Electronic Interlock Reel Brake to prevent cable over run ENGINEERING PANEL 1 System Control panel to Include: 1 Power system remote control panel 1 Interior Lighting switches CRAWLER ASSEMBLY V - -24" 1 Crawler Camera Assembly 8" Multi- Conductor to Include: 1 HI- torque Pie netary Gear Motor with Forward/Reverse and Freewheel Drive with full control of crawler speed. 1 Automats freewheel.clutch 1 Lowering and Recovery Harness 1 Set 10 ".12:',1 S' Iift wheels and 18/24' Balloon Wheels 1 90 Degree Stainless Steel Swivel with single connection to video cable 1 Set 3118' adjustable tow chains PAN, TILT AND ZOOM CAMERA 1 Pan, Tilt And Zoom Camera System To Include: Solid State Color Sewer TV Camera with a Pan & Rotate Camera Head 10x Optical zoom, NTSC Color Standard, 4x Light Integration 1 Universal Camera Controller 1 Camera Lighting System 1 Camera Transportation and Storage Case 1 Luxeon Star Led Lighting System (Cold Luxeon) MINI CAMERA FOR INSPECTION 3" TO S" PIPE 1 Portable Mini Camera to include: 1 Power Control Unit 1 Power Indicator LED 1 9" Color Monitor 1 DVD 1 Carrying Case with wheels and pull handle for mobility 1 Complete monitor and camera controls with variable light intensity 1 SS Camera Head for inspection of 3' TO 6' pipe with integrated LED lighting 1 Push cable reel assembly with 10 Ft push cable Optlal Motu LLC Cobra Technologies "A 4WD WrtfitDdn. 6109,'C $Myme. GA =2 Td. 7764358991 Fps. ??M350M Ssks OW4433761 -356- November 3, 2009 CABLE MANHOLE GUIDE SYSTEM 1 Cable Manhole Guide System to Include: 1 Manhole Top Roller Assembly 1 Downhole Roller (Tiger Tall) MISCELLANEOUS 1 Operation and Maintenance Manuals 1 Set of Schematics of all systems supplied 1 Parts Book DELIVERY ACCESSORIES Vehicle delivered to customer location Maintenance Too) kit DATABASE SOFTWARE (Office) The Data Management Software shelf be installed as a stand -atone single user database, a shared small network daft appfioatlon or a cilentlserver configuration powered by Microsoft SQL Server. The software shall be configured for use In a field or office environment and shall be able to accept data and images (if desired). The database shall be designed to store and manage data from pipeline inspections data collection equipment and cleaner trucks (where specified). The database shall have the capability of storing single frames of video Images and live video "mini- movies' as well as collecting, storing, rating and printing pipeline inspection data for display and report generation, No manual entry of data w fE be required. The database shall be capable of linking MPEG compressed video collected on a video compressor installed in the truck and up to five still Images per observation. Video playback in the database of the MPEG flies shall be accomplished on a Windows media player thereby permitting any user with a PC to play back the video inspections from the CD/DVD. The user shall have the option of up to 1{100% increased speed playback to reduce time spent reviewing video of lines. The user shall also have the ability to select to view only those defects with a weighted value of 1- 5 for PACP. The video playback shall slow to display only those observations with a value selected. This option greatly reduces time spent in reviewing inspections. The software shall utilize Microsoft SQL Server Desktop Engine, a robust engine designed and optimized for use on smaller computer systems, such as a single user computer or small workgroup server. For larger systems, an upgrade to a full version SOL Server shelf be required. It is capable of printing pipeline Inspection reports with captured images of defects or other related significant visual information on a standard Inkjet or laser color printer. Each report shall also have the ability to be saved as a standard .wmf file, which may be shared and viewed by anyone using a Windows operating system. The software shall have the minimum following features: Image Capture — Digitized picture images shall be stored on the system controllers hard disk drive. The picture files shall be exportable to Industry Standard JPEG Format and transferable by disk to an external personal computer utilizing standard viewers and printers. Any captured Image shall have the ablity to be printed on an ink jet color printer. Picture files shall be stored and linked to the inspection data. The software shall be capable of capturing images from field - generated videotapes, which may be viewed on the office computer using the applicable video hardware interface. Shall have the ability to store up to 5 images for each observation. Video Capture — Selected live video sequences shall be captured and stored on the system controller's hard disk drive. The compressed video file c&ps shall be stored in industry standard MPEG format and transferable by disk to an external personal computer utilizing standard V"Mrs. 09901 Foboft LLC Cobra TectlnologlesTO 4806 Wrg ht Dive, BV;. 'C Smlr:a, GA 30062 Tel:770435AW Fax: 77Dd3MO2Selft:3V443-37b1 - 3 7 - November 3. 2009 Database — The system software for data aoquisition shall incorporate a standardized Microsoft Database WmaL Separate Client, Project and Inspection data tables shall allow Increased scalabliity based upon Job size. inspection files shall have the ability to be exported into other database fie formats or onto other computers. Database shall have an open database stricture allowetg customization of work order headers, coding protocol and code ratings. All graphic and tabular reports shad Include graphic of pipe showing all observation points and pertinent data in an intuitive graphic format with the added selectable option of having each code translated into full text display, rather than truncated code only. The software shall incorporate a data pump allowing users to transfer data from standardized format files. The user shall also have the ability to validate any formatted file for compliancy prior to import. GiS- With an optional 10 fields available on the work order header, 000rdinate data as well as feature id's shall be hosted within the database for each work order. When ready, the inspection data for each pipe segment shall be uploaded and appended to existing geographic surrey systems. Data SortinglFlitering — The program shall be capable of sorting all data fields in either ascending or descending order. The user shall define and apply filters for any field within the database structure. The filters shall then be saved for reuse later. Report Generation — In addition to conventional reports the software provides: • Cross Section and Plan View print outs with ail defects • Cross Section and Plan Yew print outs with connection data • Still Image Reports • Video and Image Linkage.sports • Footage reports with footage totals for specific time periods, pipe size, city or drainage area • Detailed Inspection Results • Database Validation reports • Data Import details report • Customized footer for all reports with customized embedded logo • Project scaring and reporting for PACP Ouik Rating and also detailed Structure 110pe ratio n and Maintenance defects Software Support — Supplier shall have a full time, in -house support staff for our database software. Supplier shall also provide customized solutions for aft data collection and conversion needs. Manufacturers having third party suppliers of software requiring the customer to contact a third party for warranty and support services will not be aoceptable, Data Collection and Data Hosting Systems shall have the capacity of being customized to most local area requirements and regulations as necessary. These evallable changes shall encompass variations of the operation layout and functions and printed reports. Yearly mainterrance/support contract for the office database shaff be available as part of the quote Cobra Technologies July 20, 201)9 . OptktlRobfts LLG Cobra TechnologlesTm 4" Wrot Dive, ft,'C &ff me, GA 300x2 Tel: 77043 -69M1 Fix: T70-43&M2 tabs: $00443-3761 -358- November 3, 2009 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: July 20.2004 The undersigned declares that he has carefully examined the specifications and is thoroughly farniliar with its provisions and with the quality, type and grade of product called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination itern(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/smice in accordance with the specifications for the sum of for: PURCHASE OF ONE NEW UNUSED TV TRUCK TO INCLUDE CONTROL ROOM/EQUIPMENT ROOM ALONG WITH COMPUTER HARDWARE AND DESKTOP TOUCHSCREEN SECTION I: VEHICLE S 2,835.00 PRICE SECTION II: CONTROL ROOMMQUIPMENT ROOM S 7.540.00 PRICE SECTION III: CCTV EQUIPMENT S -34,12&00 PRICE MINI.CAIYJERA OPTION (OPTION) S 4.500.00 PRICE 21 THIS PAGE TO BE SIJBMtTTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - ;59 - November . 2009 SECTION IV. COMPUTER HARDWARE $ '1400000 TOTAL PRICE FOR ALL COMPONENTS AS LISTED $ 99,500.DO TOTAL PRICE FOR COMPLETE VEHICLE IINCLUDING OPTION FOR MINI CAMERA ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product will be delivered within _45-60 days after receipt of Che%y Van calendar days from the date of the Purchase Order from the City. Number of Bid Proposal prices submitted _I_ Specification "check -ofr" sheds (Pages 4 -9) submitted Yes Product Literature Submitted Yes Yes/No Warranty Enclosed Yes Yes/No COBRA MANUFACTURER Optical Robotics LLC COMPANY NAME COBRA Mainline MODE �j d i SIGNATURE Claire Hanson PRINTED NA.VIE (77O) 435 -8991 TELEPHONE NUMBER Vice PresideN Sales & Marketing TITLE E -MAIL ADDRESS Sales( cobratec.com 22 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE -160- November 3, 2009 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone: (561) 742 -6322 Broadcast Date (City): June 25, 2009 Bid Title: PURCHASE OF ONE NEW AND UA'USED C'HEVY EXTENDED CARGO VAN TO INCLUDE CONTROL ROONUEQUIPMENT ROOM ALONG WITH COMPUTER HARDWARE AND DESKTOP TOUCHSCREEN Bid Number: #058 - 2821 -09 /JA Bid Received By: July 23, 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: July 23, 2009, no latsr than 2 :30 P.M. (local time) and may not be withdra%Nm 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. Cobra Technologies Federal I.D. Number: 58- 2205539 A Corporation of the State of: Georgia Area Code: 770 Telephone Number: 435 -8991 (800 -443 -3761) Area Code: 770 FAX Number- 435-0402 Mailing Address: 4806 Wright Dr Bldg. C City /State/Zip: Smyrna, Georgia 30082 Vendor Mailing Date: 7/21/09 -� r' Authorized Signature Claire Hanson Name Typed 20 THIS PAGE To BE SUBMITTED ALONG WITH PROPOSAL - 361 - November 3.2009 ANTI- KICKBACK AFFIDAVIT STATE OF GEORGIA ) SS COUNTY OF COBB ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid MH 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. J By: Claire Hanson NAME - SldRA TURE Sworn and cubed before e this -� day of ,Z4 Printed Information: Claire Hanson NAME Vice President Sales & Marketing TITLE Optical Robotics LLC dba Cobra Technologies COMPANY 23 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - 362 - November 3, 2009 XTOTARNqU C, Su(! Georgia at Large 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 APPLICA13LE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and dale: Issuing Organization for Certification Date of Certification 24 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB-1 Revised 0=2M5 _ 36' _ November 3, 2009 CONFIRMATION OF DRUG -FREE WORKPLACE Preference shall be given to businesses with drug -free workplace programs. %enever 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 rntlawful 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 five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature 25 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - 364 - November 3, 2009 I V� U� ./— 0 "4* VO" e� rtITdN BEACH F- 1,.v `- 9c pRELINiIN O L� �J O O �C PARTIT ❑f SLIDING SIDE DOOR WITH WINDOW DUAL HINGED REAR DODRS WITH WINDOWS COMPARTF ERUIPh INSTAL ON LAZY SL TURNTA ALL❑1 ACCESS TO REAR OF THE EQUIPMENT REEL MOUNT uj a\ rn %/ O C V� N O O ENGINE DRIVEN AC NOTEi THE LAZY SUSAN ELIMINATES THE NEED TO PROVIDE A THRU WALL ACCESS TO REACH THE ELECTRONICS ATER TANK UNDER SEAT ATER PUMP BATTERY BOX TORAGE) DIRECTIONAL- CABLE ARM v SHORE POWER RECEPTACLE 6. P CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3 November 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ I UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ I FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Approve expenditure from the department's Law Enforcement Trust Fund (State Forfeiture) in the amount of $25,000.00 for donation to the Youth Violence Prevention Program. EXPLANATION OF REQUEST: Florida State Statute 932.7055 provides that when a law enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the chief of police to the governing body of the municipality. Florida State Statute 932.7055(5)(c)(3) provides that: ...any local law enforcement agency that acquires at least $15, 000.00 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15% of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. In accordance with this statute, organizations receiving funding will provide an accounting for any monies received. The Youth Violence Prevention Project qualifies to receive funding pursuant to the Florida Statute and the funds donated will be used for an interactive, hands -on car restoration project where Boynton Beach Police Officers skilled in the process of restoring vehicles will instruct and guide the participants through a complete restoration project that will result in a completely restored 1953 Boynton Beach Police Department cruiser. The project is expected to take six months to complete and provide instruction in automotive design, body repair, engine repair and construction, fabric installation and vehicle systems restoration. The project will be housed at a local body shop which will donate space and assistance as needed. The attached list of anticipated expenditures was prepared by project manager Officer Wilmer Rodriguez. The Chief of Police is requesting that $3100.00 be added to the total to purchase protective clothing for the participants and to purchase some period items such as a bubble light, police radio and decals, for a total request of $25,000.00. - 367 - November 3. 2009 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Youth Violence Prevention Project, which is funded primarily through the County Criminal Justice Commission provides educational and recreational activities for juveniles who have entered the juvenile justice system and are in need of guidance, mentoring and services in order to provide diversion from criminal activity. This project will enhance the program by providing additional educational and mentorship opportunities. FISCAL IMPACT: The Law Enforcement Trust Fund (State Forfeiture) account number 691- 0000- 247 -04 -25 has a current balance of $286,000.00. This donation will count towards the 15% charitable application requirement. ALTERNATIVES: Not to proceed with the project. - I - November 3. 2009 POLICE DEPARTMENT CITY OF BOYNTON BEACH Estimated expenses for YVPP 1953 Buick Restoration Project Body repair Interior repair and replacement Tire and wheel replacement Re- Chrome and Chrome repair Welding supplies for frame repair Engine/Transmission rebuild Paint, Sand Paper, tape, primer Brakes, fuel lines, electrical system parts Insurance $3,000.00 4,500.00 1,500.00 3,200.00 400.00 3,300.00 2,000.00 3,000.00 1,000.00 - 369 - November 3, 2009 6. Q CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: NOVEMBER 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ REQUESTED ACTION BY CITY COMMISSION: Approve a motion to accept the written report to the Commission for purchases over $10,000.00 for the months of August and September 2009. ExPLANATION of REQUEST: Per Ordinance 001 -66, Chapter 2, Section 2 -56.1 Exceptions to Competitive Bidding, Paragraph b, states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. PROGRAM IMPACT: Ordinance 001 -66, Chapter 2, Section 2 -56.1 assists departments in the timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, the Purchasing Agent, and the City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None - 370 - November 3, 2009 c.......e �... o.....ti.,. ❑:,,..., o�..� oor o nc n - ) - November 3, 2009 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED January2008 17 Vendor: Mid Range Support 8 Service, Inc. Purchase Amount: $26,368.87 Keque sting a n. 116 Cornacl Persom Miry mcueav Date: 01130/ Brief Description of Purchase IBM Hardware Maintenance for Iseries for the city's enterprise application system while exposing the Iseries to harmful virus and lack of upgrade path to new operation system releases. Source for Purchase: Sole Source HTE Fund Source: 001 - 1510 -513 -46-22 Vendor mm Container Systems & Equipment Purchase Amount. $ 153,476.00 1/30/08 B rief Descripti of Purch Street Sweeper Must be on GMC Chassis i/2008 .. . .- ..__. t07 ,_..._.. _ - - - Source for Purcha_ - se � SherdPs ,. Contr 07 -15 -0827 _ . _..._r.._ _ rc _ Fund Source 501 2516- _ 51964 -33 Vendor ADTSecurit Serices, Inc. Purchase Amount: $ 27,980.00 ague n� �,parunen acre ron a s ontac arson: ary ._ re enrer_ _,, `B rief Description of Purchase: Security camera system for Wilson Park 1/2008 Source for Purchase State Contract 6803211 Fund Source 302 4113 580.62 -Ot en or. y_ nnc ure ate Requesting partment µ. acildres Contact Person Paula LeBlanc B!fef Description of Purchase Replace Flooring - Fire Station #3 Gym floor and VCT Materials carpet. Replace Flooring - West Wing First Floor w /Carpet 112008 Source for Purchase State Contract 360 - 240-06 -1 Fund Source: 302-4101 - 580.62 -01 Requestinpartment „_,Parks 8 Recreation, _ Co tPerson Jody rs Brief Description of Purchase Vinyl Coated Fencing for: Wilson Park, Lift Station 1/2008 Source for Purchase Prggy Back PBC Bid 05- 211 /MM Fund Source I - ) - November 3, 2009 CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH ' AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 03, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA El LEGAL ❑ CODE COMPLIANCE & LEGAL I SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Accept quarterly report from the City of Boynton Beach Green Sustainability Team for July 2009 through September 2009. EXPLANATION OF REQUEST: Final recommendations of the Green Task Force Initiatives that can be implemented internal to the organization have been moving forward, and all initiatives that would have fiscal and /or economic impact to the city and community are being brought before the Commission for policy direction within the content of the quarterly report. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This report provides summaries of all projects and initiatives completed within the quarter, underway and in the planning stage. There is also summary information regarding the Green Community Alliance. FISCAL IMPACT: All initiatives in the 07/09 — 09/09 quarterly report have been achieved within existing budget constraints by changing existing practices, procedures and criteria to reflect environmental and sustainable best practices. This does not include those Capital Improvement Projects that have already been approved in the CIP budget, or those projects for which staff is actively pursuing grant and stimulus funding. Any CIP projects and those requiring funding are identified in the report. ALTERNATIVES: 1.) Not to accept quarterly report; 2.) Accept quarterly report and allow staff to continue with the development of a long -term environmental improvement plan; 3.) Accept quarterly report and provide staff with specific direction on any project contained in the quarterly report or Green Task Force recommendations. - 372 - November), 2009 y �.a City of Boynton Beach >t. :" Sustainability Team July '09 - September `09 Quarterly Report November 03, 2009 At the October 7, 2008 City Commission meeting, the Mayor and City Commissioners unanimously agreed to accept the final recommendations of the Commission appointed Green Task Force, and to allow City staff to continue working on the development of a long -term environmental improvement plan to reduce carbon emissions. Under the direction of the City Manager's Office, the Green Sustainability Team is comprised of the original eight (8) members of the Green Task Force, and additional staff city -wide, to create a dynamic, interdepartmental work group. As requested, internal initiatives that can be implemented by City staff have been moving forward, and all initiatives that would have fiscal and /or economic impact to the city and community are being brought before the Commission for policy direction. The Sustainability Team is committed to providing the City Commission with quarterly reports on all projects and initiatives underway and in the planning stage. It is staff's desire to inform and educate, give status reports and answer questions, and receive direction from the Commission. Please accept this quarterly report for July 2009 through September 2009 from the Sustainability Team. City staff will provide any additional information at the request of the City Commission. UTILITIES DEPARTMENT Construction of Phase 1 A and 1 B of the reclaimed water system improvements is complete. Memorial Park Cemetery, the Little League ball fields, Forest Park Elementary School, and the Las Ventanas mixed -use development are now using reclaimed water for irrigation. Additional City facilities and other large users will be added in the near future. (GTF Recommendations — Water Utilities Initiative # 1) Construction is undern for utilities improvements along SE 4 Street from Ocean Avenue to SE 12 h Avenue. The improvements include the construction of a reclaimed water main along SE 4 Street, which will serve as a connector to the pipelines installed under the Phase 1 B contract. The Utilities Department received a $559,900 grant from the South Florida Water Management District (SFWMD) for the reclaimed water main portion of the project. (GTF Recommendations — Water Utilities Initiative # 1) The Utilities Department continues to evaluate the efficiencies of pumps and motors at the Utilities' water treatment plants, lift stations, and wells. Through upgrades to the radio telemetry system, additional information is now relayed - 3 73 - November 3. 2009 from remote stations in the field to the central Supervisory Control and Data Acquisition (SCADA) system which allows for more detailed analysis of operating parameters such as power usage, amperage draw, and pump run times. This is an ongoing program. (GTF Recommendations — Water Utilities Initiative # 3) The Utilities' Customer Relations Division continues to work on ongoing initiatives to promote the Online Bill Pay program and increase participation by the City's utility customers. Currently, customers can pay their bills by automatic bank draft, and Customer Relations is working with HTE's capabilities to allow online credit card or debit card payments and eliminate the mailing of paper bills for customers who pay online. These initiatives will decrease the carbon footprint for the City by reducing the VMT's (Vehicle Miles Traveled) of citizens that would normally drive to City Hall to pay their bills. It also reduces the amount of paper generated and staff time associated with the processing of a paper billing system. Customer Relations is working with the Public Affairs Director to advertise Online Bill Pay on BBTV and Message On Hold. Information will also be printed on utility bills. This is an ongoing program. (GTF Recommendations — Water Utilities Initiative # 5) PUBLIC WORKS Facilities Management The Facilities Management Division continues to retrofit old T -12 fixtures to T -8's as the bulbs /ballasts malfunction in various City facilities. In addition the Division has ordered T -5 Retrokits to use in a test area at a meeting room in the Hester Center. The goal for using the T -5 Retrokits reduces the 4 bulbs in the fixture to 2 bulbs. In addition the T -5 bulb uses significantly less energy to burn. Staff will monitor the meter along with FPL bills to get an indication of the savings. The T- 5 Retrokits are expensive but the cost may equal out or be more cost efficient with the reduction of energy and bulbs. This will be analyzed in the coming months. Forestry & Grounds Division The Forestry & Grounds Division received notice from Utilities that reclaimed water was now available at the Library Complex site. Staff met with Utilities yesterday to coordinate the actual tie in and reclaimed signage. The Irrigation Specialists will now have to make a few alterations to the existing irrigation. Once the alterations are made we will coordinate to put up the signs and make the tie into the reclaimed and cut off the well water. This area is currently on a well system therefore there will be no cost savings for using the reclaimed water. However the advantage is that there will be no restricted time frames for watering or issues with well problems that can tie up staff and be costly to repair. This will be one system which covers all irrigation for the Civic Center, Madsen Center, Art Center and Library. If all goes smoothly this project is expected be complete within the next 4 -6 weeks. 2 - 374 - November 3, 2009 Solid Waste Division The Solid Waste Authority is now accepting additional items for recycling from residents. The Solid Waste Division is also collecting the additional items and is working to educate the residents of Boynton Beach of the additional items that can now be placed in the curbside bins. The information is in the process of being included on the City Web -Page, advertised through local newspapers, BBTV, the City's hold message and our Solid Waste brochure which is mailed to all residents before the end of the year. Additional items now available to be included are: Blue Bin — Steel Cans, Yellow Bin — Beverage Cartons, Tissue Boxes, Dry Food Boxes, Unwanted Mail and School /Office Paper and All Cardboard Boxes. Public Works Administration The City implemented a four -day work week on June 12 "', 2009. This was done in an effort to reduce energy. Staff has tracked the FPL invoices for City Hall and has reported the following savings: SAVINGS July 2009 and Auaust 2009 144,120 KWH (22.0% reduction 2008 to 2009) $13,979 based on 2009 rates This information is being offered to show the significant savings to date that have occurred due to the shift change. The savings were realized by adjusting A/C temperatures throughout City Hall to coincide with being closed on Friday. RECREATION AND PARKS Recreation and Parks has selected Knollwood Park as a demonstration project for the City's sustainability project. Specifically, the City wishes to: • Improve water quality in the lake; • Improve wildlife habitat; • Reduce energy consumption, including electricity and fuel; • Increase public education regarding climate change, greenhouse gasses and sustainable design. Proposed actions include: • Reduce/ eliminate use of fertilizers, pesticides and other nutrients and chemicals; • Reduce/ eliminate the use of potable water for irrigation; • Replace lawn areas with native ground covers; plant additional native trees and shrubs to attract / diversify wildlife, and to sequester carbon; - 375 - Noveinber 3. 2009 Reduce/ eliminate the use of electricity to power the irrigation system and lake fountain/ aerator; replace with solar power where appropriate; Reduce the fuel used for park maintenance, including mowing, edging and trimming; Install an exhibit in the picnic pavilion to educate the public regarding the principles and actions of the demonstration project. The Integrated Pest Management Program has begun and data is currently being collected. (GTF Recommendation — Rec/Parks Initiative # 3) The Palmetto Greenway Extension and Barton Greenway are at 90% completed design. Plans have been sent to south Florida Water Management District and the Florida Department of Transportation for review. Both projects are fully funded by FDOT and will become non - motorized routes that will connect Palmetto Greens Park, Wilson Park, Barton Park, Galaxy Park, Poinciana Elementary School and Galaxy Elementary School. Children and adults will be able to use these corridors to walk or bike to these destinations without having to complete with vehicular traffic. (GTF Recommendation — Rec /Parks Initiative # 6) Maintenance of the Certified Wildlife HabitatTm at the Art Center is on- going, and local wildlife continues to congregate and thrive in their newly created environment. Residents, staff and the children at the Art Center all enjoy the natural flora and fauna. (GTF Recommendation —Climate Action Plan Program) INFORMATION TECHNOLOGY SERVICES (ITS) Server Virtualization — Quarterly status update: Unchanged since most recent quarterly report. Six servers have been converted to a virtual environment. Hardware previously used to run these servers has been powered off and disconnected. ITS plans to reduce our data center cooling and energy costs by converting a total of 14 physical servers to our VMware virtual environment, which is managed using three physical servers. Each of the converted servers will be powered off and eventually decommissioned. Anticipated completion is 2009. (GTF Recommendations — City -Wide Initiatives # 6) Duplex Printing — Quarterly status update: Twenty-seven Konica Minolta printers have been reprogrammed to default to double -sided copying /printing. However, after extensive testing ITS department has determined that some printing functions must continue to be processed using existing departmental laser printers. For example, due to technical compatibility issues the K/M printers cannot replace current HP laser printers for AS /400 print jobs at this time. As a side -note, ITS - 376 - November 3, 2009 has received positive feedback from various departments whose printer default settings have been changed to double -sided printing. In addition, for general printing, employee default network printer settings have been changed to point to departmental K/M, except for instances where it is not feasible (specialty paper, envelope feeding, double sided reports generated via AS /400 etc.). (GTF recommendations — City -Wide Initiatives # 4) Power Management and Conservation — Quarterly status update: ITS implemented a power scheme on almost all PC systems so that monitors turn off after 20 minutes of inactivity. This power- saving measure also extends the longevity of our flat panel monitors. (GTF Recommendations — City -Wide Initiatives # 5) Electronic Agenda — Quarterly status update: The E- Agenda system is in live production. The October 6, 2009 Commission Agenda packet marked the first full - fledged use of the electronic workflow process. During a proof -of- concept phase, a dual hardcopy and electronic process will continue through production of the October 20 Agenda packet. Shortly thereafter, the former paper -based process will be discontinued in favor of the paperless e- Agenda process. (GTF Recommendations — City -Wide initiatives # 4) DEVELOPMENT DEPARTMENT The Planning and Zoning Division has been working on the LDR Rewrite project. Staff has created new "green" provisions to the supplemental (zoning) regulations as well as creative amendments to several of the Division's applications and processes. The proposed amendments will serve as another way to promote green and sustainable initiatives for the future. These new provisions and proposed amendments were approved by the Planning and Development Board and City Commission in August, but in draft form only. It is important to note that they will take effect only when the entire LDR project is approved, which is anticipated sometime early next year. The new provisions and amendments to the code are summarized as follows: Create incentives for sustainable developments within the site plan review process by proposing the following: 1) including favorable language in the application's purpose and intent; 2) giving more latitude to the Director of Planning and Zoning to waive site plan review; 3) extending the time period for which sustainable developments are required to commence permitting activities; and 4) establishing less stringent thresholds for which to consider when modifications are proposed to green developments; - 377 - November 3, 2009 • Update waivers (in Mixed Use PODs) to include "any site development standard to further economic, affordable housing, sustainable development and green building initiatives, and those uses which are eligible for the Expedited Development Review Program "; • Expand the types of common site improvements eligible under the administrative adjustment process to include, but not be limited to the following: 1) compost bins and tumblers; 2) solar photovoltaic (PV) arrays; and 4) private pump housing and equipment; • Formalize the height exception process with complete code sections and a new criterion to credit a project for being a sustainable or green development; • Create a provision for compost bins and tumblers. They are allowed within residential districts and must be setback at least three (3) feet from the rear property line and 10 feet from interior side property line. This type of application is eligible for the administrative adjustment process; • Create a provision for rain barrels. They shall be a maximum of 60 gallons, are not allowed within front or side corner yards, and must be setback four (4) feet from rear and interior side property lines. The intent is to locate them as close to the principal structure as possible; • Create provisions that accommodate solar energy as an alternative energy resource with proper definitions, tailored setbacks and relief provisions that include administrative adjustment for setbacks and eligibility for the height exception process. At -grade PV arrays are eligible for the administrative adjustment process to reduce required setbacks. Rooftop PV arrays are eligible for the height exception process. (GTF Recommendation — Climate Action Plan Program) PUBLIC ART PROGRAM For the 2009 -10 Public Art Program, artists submitted artwork that addresses environmental issues. Some of the artwork is made from recycled materials while others inspire awareness of environmental concerns. A recycled rain barrel painted with the endangered Florida panther reminds us of our perilous condition of Florida's creatures and our precious resources. It will be placed at a new Avenue of the Arts site at the City's Art Center, functioning as a rain barrel for the Art Center's official Florida Native Wildlife Garden. - 378 - November 3, 2009 At the Boynton Harbor Marina entrance, "Opus 4 Manatee Calf" will generate awareness of Florida's state marine mammal and an endangered species. This sculpture was created from material recycled from an offshore oil rig. An interactive piece called "Humans and Earth" will be placed in front of Chicago Joe's, an Ocean Avenue business. It is a Zoetrope that you spin while you look inside to see an image of a man hopping from one earth to another. It inspires the viewer to ask questions about our relationship with planet earth. Artists nationally will be represented on the Avenue of the Arts. Artist Beth Nybeck is transporting her sculpture, "Point Defiance" from Iowa. It is a large stainless steel abstract bear that is balancing on a shrinking polar ice cap. Beth explains that her piece speaks about our existence in an environment where balance is possible and yet seemingly unattainable. The artwork addresses that point of fragile poise between nature and industry. These artworks will be on display for the year and are intended to educate the public and increase awareness of global environmental issues. (GTF Recommendation — Climate Action Plan Program) COMMUNITY ALLIANCE The Community Alliance has been meeting on a bi- monthly basis and continues to make tremendous progress with the Green Task Force recommendations. Two meetings were held this quarter on July 27' and September 29' The following is the progress to date of the individual sub -team. Renewable /Alternative Energy & Fuel /Utility Sub -Team The Sub -Team has been researching the following Initiatives: • Increase use of renewable energy sources • Explore the use of alternative fuels for the existing vehicle fleet • Develop energy performance contract language for RFP's • Explore an Energy Service Company partnership as a possible opportunity for establishing a measurement and verification system for existing energy use management in City and CRA buildings • Define City standards for energy - efficiency and renewable- energy criteria when assessing the housing, commercial, and transportation sectors • Develop financial, regulatory, policy, and market incentives for development of energy- efficiency and renewable- energy projects and programs, training and incentivizing green jobs, assisting existing local businesses through retention and expansion - 379 - November 3. 2009 • Identify opportunities (such as solar /photovoltaic materials) where a demand for manufacturing exists and develop an economic incentive program to attract green business to Boynton • Provide incentives for clean industry (also in Land Use) Sub -Team progress to -date: Explore the use of alternative fuels to the City's existing vehicle fleet — The Sub - Team has been collaborating with Steve Weiser, the City's Fleet Manager, regarding his research into alternative fuels for the City's vehicle fleet. Highlights are as follows: • Percentage of diesel and gasoline vehicles is roughly 50% - 50% • City purchases approximately 7,500 gal of diesel fuel every two weeks • Steve compared ultra low sulfur diesel fuel (which is currently mandated) vs. biodiesel. • B5 and B20 have higher cost per gallon than ultra low sulfur diesel. For B5 fuel, staff estimated approximately $1,200 increase per 7,500 gallon delivery. • B5 has only a slightly better emissions rating than ultra low sulfur diesel • Starting in 2010, Cummins (City's major supplier of diesel engines) will not warranty biodiesel blends greater than B5 • Ethanol - gasoline blends are option for gasoline vehicles • E85 (85% ethanol) burns at a 3:1 ratio (3 gal of E85 for every 1 gal of gasoline), and is currently more expensive Summary. Action Items, Next Steps • City staff is working to downsize the fleet — replace large trucks with smaller ones whenever possible to improve fuel efficiency and reduce emissions. The Sub -Team concurs with this strategy. • Sub -Team recommends education and behavior modification (how to drive and maintain the vehicle, analyzing operations and identifying the areas where smaller vehicles can be used, etc.) as it should have a significant impacts on fuel usage. Action Item — coordinate with Education Sub -Team. • As a result of the costs of biofuels and the fact that Cummins will not warranty biofuels after 2010, it does not appear as though biodiesel fuels will be cost effective at this time. • Other lower percentage ethanol - gasoline blends may be feasible for gasoline fleet. Action Item for further study - Analyze fuel usage, mpg, emissions, etc to evaluate cost effectiveness of ethanol- gasoline blends. • Sub -Team recommends working with City staff to develop a long term (10- year +) plan to upgrade to vehicles that are more fuel efficient and potentially use biodiesels or ethanol. Action Item — Obtain inventory of entire city vehicle fleet with year purchased and useful life remaining. Utilize this inventory to work with staff in the development of a long term plan for the replacement of older vehicles with higher efficiency vehicles. - 380 - November 3, 2009 Sustainable Construction Sub -Team The Sustainable Construction Sub -Team has made great progress toward creating a Draft Green Building Ordinance. The purpose of the ordinance is to enhance public health and welfare and assure that further residential, commercial, and civic development is consistent with the city's desire to create a more sustainable community by incorporating green building measures into the design, construction, and maintenance of buildings. The green building provisions referenced in this draft ordinance are designed to achieve the following goals: • Encourage water and resource conservation; • Reduce waste generated by construction projects; • Increase energy efficiency in buildings; • Provide durable buildings that are efficient and economical to own and operate; and • Promote the health and productivity of residents, workers, and visitors to the city. • Encourage sustainable development • Improve quality of life by making the city a valuable destination • Reduce materials sent to landfills and encourage recycling The Draft Green Building Ordinance is still a work in progress. Under the consultant contract with Camp, Dresser & McKee (CDM), a specialist in sustainable legislation will be working with the sub -team to address possible legislative mandates that are likely to result from the 2009/2010 legislative sessions. The draft document will ultimately be brought forward to Commission for review and approval. Land Use/ Landscaping and Irrigation (LULI) Sub -Team The LULI Sub -Team has focused its time and attention to issues primarily addressing land use, density, workforce housing, landscaping, water conservation, irrigation, site design, and incentives. The following primary goals and objectives for the City of Boynton Beach were identified by the LULI Sub - Team: • Comprehensive Plan recommendations The entire City should be governed by "green" or "sustainable" policies that support the tier initiatives proposed by the LULI team for inclusion in the Land Development Regulations. The City should also consider expansion of the Comprehensive Plan in the form of a separate element to support the recommendations, implementation plans, and efforts put forth by the Community Alliance, Sustainability Team, and Green Task Force, including but not limited to, each entity's final reports, implementation strategies, Energy Conservation Strategies and the City's Climate Action Plan. Finally, the City should develop a Master Pedestrian-Bikeway- Greenway- Blueway Plan that connects commercial activity nodes to each other and to existing /proposed residential neighborhoods. The Plan - 381 - November 3, 2009 should require redevelopment and new development to build, integrate, and connect to the system through planned dedicated easements and rights -of -way. _Green/Sustainable land develooment site design criteria and incentives The entire City should be governed by "green" or "sustainable" Land Development Regulations where different "tiers" of design criteria and standards in an overlay district would provide a variety of incentives to landowners /developers, with the general idea that more "intense" incentives are reserved only for parts of the City that are designated for intense development. Workforce Housing green initiatives and strategies Allow a significant density bonus for obtaining certification by an approved green agency. Identify high utility use homes and identify for weather proofing, insulation, and other maintenance and grant programs intended to reduce utility bills. Education Sub -Team The education sub -team has collected all requested education plans from the four other sub -teams of the Community Alliance. The education sub -team has taken the information provided in these education plans and developed an overall Education Plan that encompasses all areas focused on by the Community Alliance. The Education Sub -Team plans to coordinate with the hired consultant to implement this plan. In addition, we have discussed the recycling efforts currently on -going within the City of Boynton Beach and have researched other jurisdictions. We have decided the best way to increase public awareness about this program is to improve the recycling website. Overall Education Plan Basic Objectives: • Purpose: Our purpose is to position the City of Boynton Beach as the pre- eminent resource in South Florida for conservation, energy and transportation efficiency, recycling and green building practices by raising public awareness of the benefits of living green. • Benefits: By sharing our knowledge, we can encourage and help others to conserve precious resources for now and in the future by reducing the City's carbon footprint. • Audience: Residents, businesses, City employees, developers and contractors, and "green" professions. • Strategy: We will use a combination of: • Web site — Recycling tips will be developed for the web site. • BBTV — The Education Sub -Team will develop a short PSA -type message for BBTV. • On Hold — Recycling messages will be placed on the On Hold Message 10 - 382 - November 3, 2009 • Utility bills — Recycling messages will be developed for inclusion on the utility bill. • Flyers & Posters — The Education Sub -Team will develop recycling flyers and posters. • Media — The Education Sub -Team will work with the media to position Boynton Beach as the "go to" recycling experts. • Newsletter and mailers. • Social media. • News media. • City's marquee. • Professional organizations. • New resident packets (Utilities). • Events. • City Services Institute. Positioning: We provide a culture of innovation and research into technologies and management approaches that support best management practices, including conservation, efficiency and reuse. Transportation Sub -Team The Transportation Sub -Team had previously began the process of identifying various transportation issues and opportunities, and developing potential programs, policies, strategies and recommendations for near -term and long -term implementation. Some of these issues were directives resulting from the initial Boynton Beach Green Initiatives Task Force. The Sub -Team continues to utilize a working philosophy that the City itself (internal City Staff) should take the lead on implementing many of the identified initiatives and strategies, and then use what is learned from those activities to expand the programs out into the general Boynton Beach Community. Strategies to reduce city of Boynton Beach employee vehicle miles traveled (VMT) and vehicle hours traveled (VHT) through implementation of city - initiated programs: A. Adopt a City Rideshare Policy (draft policy has been prepared by Sub - Team... needs to be transmitted to City Administration for further consideration). B. Implement GIS -Based Employee Rideshare Program & Electronic Bulletin Board (first steps of program in process — coordinating with South Florida Commuter Service; electronic "email- blast" survey form drafted). C. Develop and Adopt an Incentive Program (concepts being drafted, focusing on designated preferential parking spaces and other potential incentive concepts). D. Adopt a City Telecommuting Policy (draft policy in process, will need input from IT and Legal Departments) M - 383 - November 3. 2009 E. Adopt Policy for all City Operations to Consider Miles Traveled and Hours Traveled by Considering Efficiencies in Scheduled Meeting Times and Locations (concepts under discussion, policy still needs to be drafted). F. Develop a Vehicle Idling Policy for All Applicable City Vehicles (policy being drafted). G. Implement Compressed 4 -Day Work Week for City Employees (already implemented by City). H. Close City Offices for one full week a year, possibly around winter holidays, as an energy cost and general cost reduction strategy (concepts being discussed — suggested policy to be drafted). I. Provide alternate, fuel efficient vehicles (such as Sedways) for short - distance trips made by City Employees (concepts being discussed — suggested policy to be drafted) J. Provide recommendations regarding bicycle amenities for City Staff (concepts being discussed — suggested policy to be drafted). K. Make a recommendation if a City- initiated "shuttle" between the Boynton Tri -Rail Station and City Offices is viable (issues being discussed — suggested recommendation to be drafted). L. Provide recommendation on potential feasibility of workforce housing, on- site day -care, in -house cafes and other trip- saving /time - saving strategies. (concepts being discussed — suggested policy to be drafted). Other areas that the Transportation Sub -Team has been researching are: • Strategies to reduce energy consumption associated with the city's transportation system. • Strategies to reduce vehicle congestion along the Congress Avenue Corridor. • Create Transportation Management Association of commercial interests along the corridor to develop a trip linkage strategy. • Strategies to improve community sustainability and livability through enhanced integration of transportation and land use. EECBG (Energy Efficiency Conservation Block Grant) On October 16, 2009, the City Commission approved a Contract for "CONSULTANTS TO ASSIST IN THE DEVELOPMENT OF A COMPREHENSIVE CLIMATE ACTION PLAN ", RFP #062 - 1210- 09 /CJD to: Camp Dresser & McKee Inc. (CDM) of West Palm Beach, Florida in the amount of $195,900.00, to be funded through the Department of Energy's stimulus block grant (EECBG). The purpose of this RFP was to obtain qualifications of consulting firms to assist the City of Boynton Beach in the development of an Energy Conservation Strategy to be submitted to the Department of Energy. Also included in the RFP Scope of Work is the completion of a community -wide Greenhouse Gas Emissions (GHGE) Inventory, and the creation of a comprehensive Climate Action Plan to advance the City of Boynton Beach's 12 - 384- November 3, 2009 energy conservation and environmental sustainability goals as presented by the City's Green Task Force and approved by City Commission on February 19, 2008 by Resolution # R08 -025. This endeavor is a once -in -a- generation opportunity, to embrace the economic, environmental, and workforce development potentials associated with federal and state energy initiatives with obvious benefits to the City of Boynton Beach's economy and quality of life. The total allocation from the Department of Energy for the City of Boynton Beach is $658,900. Upon approval of our Energy Conservation Strategy, we will be awarded the remaining funding to implement local energy efficiency improvements. The excellent work currently being done by the Community Alliance will augment the consultant's scope of work, since the Community Alliance has been formulating implementation strategies based on the original Green Task Force recommendations. The Community Alliance is scheduled to sunset on November 30, 2009 (six months since its inception), and all members that wish to continue with this project will have future opportunities to volunteer as the consultants and City staff work towards the completion of the Climate Action Plan. 13 - I - November 3. 2009 CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Approve a full release of surety covering the water and sanitary sewer systems in the project known as Quantum Lakes Mixed Use, and return the performance bond MS3602996 in the amount of $35,414.15 from Great American Insurance Company to the developer of this project. EXPLANATION OF REQUEST: The developer of this project, Quantum Park & Village, LLC, furnished a performance bond in the amount of $35,414.15 to guarantee completion of the project, and its satisfactory performance through the warranty period. All necessary documents have been furnished, and the systems have performed satisfactorily. The performance bond may therefore be returned to the developer at the following address: Sheila Rendon Construction Administrator OLEN DEVELOPMENT CORP. 1062 Coral Ridge Drive Coral Springs, FL 33071 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no effect to City programs or services. FISCAL IMPACT: None ALTERNATIVES: None. The City has no alternative to releasing this surety upon satisfaction of all requirements. - 386- November 3, 2009 o1�EN April 21, 2008 Mr. Pete Mazella, Deputy Director City of Boynton Beach Utilities Department 124 East Woolbright Road Boynton Beach, FL 33435 RE: Performance Bond No. MS3602996 Quantum Lakes Mixed Use Dear Mr. Mazella: Included herewith is original signed and sealed performance bond in the amount of $35,414,15. Should you have any questions or require further assistance, please feel free to contact me at (954) 649 -9885 mobile, the letterhead address or via e-mail at sfike ,olenproperties.com Very truly yours, QUANTUM PARK & VILLAGE, LLC Steve Fike V.P. of Construction — Florida Region SF /sr enclosures: 6 cc: file 1 06 2 Coral Ridge Drive Coral Springs, Florida 33071 (954) 340 -4904 • Fax (954) 344.4608 www.olenproperties.cum - 3 87 - November 3, 2009 Bond No. !453602996 EXHIBIT "N -3" Prezniun WS. 0 (LDR, Chap. 7, Art. 1, Sec. 3.B.) (LDP, Chap. 7.5, Art. 11, Sec. 7.) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That [1] [we], Quantum Park and Village. LLC hereinafter call PRINCIPAL, and r_, -ea+ n,. j T„6,,,9.,,.o r,,,.,�,�,R., a surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firmly bound unto the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of thiM five thousand four hundred fourteen dollars and fifteen cen U. S. Dollars ($35.414.15 , lawful money of the United States of America, to be paid to the City of Boynton Beach, to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision plat known as Quantum Park at Bo ton Beach. P,I.D.. Plat No. 6 and Plat No. 9 , and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision;] or [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction of a certain project known as Ouantum Lakes Mixed Use and such project shall construct and install the required public improvements to support the Project pursuant to the terms of the Permit,] and WHEREAS, PRINCIPAL has been issued that certain Halm Beach CouM Health Department Water and Wastewater Permits] Number Water 138271- 338 -DSOP and Wastewater 138270- 339 -DWL hereinafter the PERMIT, for construction of said Required Improvements, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRINCIPAL shall in all respedts comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shall in every respect fulfill [its][his][her][their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, it shall remain in full force and effect. Page 1 of 4 pages - 388 - November 3, 2009 The PRINCIPAL. and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS, The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the PRINCIPAL fails to perfor►n all or any part of the construction work required by said PERMIT and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or o fficer, of the default, to the PRINCIPA o r it thM1ZW - Q MW officer, 11'fortKi�+'ttta perform and cornplefe ttii aforesaid conslxuc 'on work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential, Should the SURETY fail or refuse to perform and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort to any and all legal remedies against the PRINCIPAL and/or SURETY, or both at law and in equity including specifically the specific performance, to which the PRINCIPAL and SURETY unconditionally agree. The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in one the PRINCIPAL should fail or refuse to do so in accordance with the terms of said PERMIT, In the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all 'the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 1 7thday of April ' 20 08 , (CORPORATE SEAL) Quantum Park and Village. LLC a Florida corporation, li sed to do business in Florid 13y: signature of Pres. or Vice -Pres A ES T typed name - title a ature of o er corporation officer typed name - title ' P age 2 of 4 pages - I - November 3. 2009 Corporate Seal STATE OF Florida ) COUNTY OF Palm Beach ) ADDRESS: 1462 Coral Ridge Drive Pgm,.ano Beach, FL 33071 BEFOR;4 MIMonall�r d jz -r Op g l C n t co F _ who Is personal) -- — kBown to m or has produced -- as identification, and who executed the foregoing instrument as President of Quantum Park & Village. LLC. a corporation, and severally acknowledged to and before me that he executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the free act and deed of said corporation. WETNESS my hand and official seat this day of Ct Le , 2 My commission expires: 4jjv Nottry Public + SShe Ren on sle of Plonde • M comvr.si, D3704T34 (Seal) -OR- INDIVIDUAL PRINCIPAL WITNESS: BY: ADDRESS: SURETY SIGNATURE BL CK Great WITNESS: r( STATh OF Florida ) American Insurance Company , SURETY BY; typed name its attorney -in -f ct (power of attorney must be attached) John G. Rookootsedes ADDRESS: 1062 Coral Ridge Drive Pom,Ran4 Beach, FL 33071 Page 3 of 4 Pages -390- November 3, 2009 COUNTY OF Palm Bcnh 1 BEFORE ME personally appeared who is personally known to me or has produced as identification, and who executed the foregoing instrument, and acknowledged before me that he executed said instrument for the purpose expressed therein. — -- WJTNESSiwThM - aMn t I I - M61 this day ' ' - , 20 " -- -- - -' My commission expires: Notary Public (Seat) Page 4 of 4 pages - 391 - November 3. 2009 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Orange On April 17, 2008 before me, Brad L. Settpsst, Notary Public personally appeared John G. Kookoctsedes who proved to me on the basis of satistwory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he /shehhey executed the same In his/her/their authorized capacity (ies), and that by hislherRheir signature(s) on the instrument the person(s), or the entity upon behalf of w i which the person(s) acted executed the lnstrumenL BRAD L.SETPGAST AMA COMM 01487848 D ul wrrARYKkic- 6iltowlA m 1 certify under PENALTY OF PERJURY under the laws ORANGECOUPM of the State of California that the foregoing paragraph is Oosnitrdorl b Na liar 4.203 true and correct. MMMMM�� tft MM� : n - 392 - November 3, 2009 WITH and' d vial seal. Signature Plow Notary SOW Above Sf d NoLry Public OPTIONAL Though the information below is not requbed by law, it may prove valuable to persona rolylnp on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Then Named Above: Capaclty(las) Claimed by Signers) Si net's Name: Signer's Name: Individual ❑ Individual ❑ CoWste Officer — Thie(s): 0 Corporate Officer — Title(s): ❑Partner - ❑ Limited Cl General 11 Partner - 0 Limited ❑ General ❑ Attorney -in -Fact El Attomey -in -Fad ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other Signer is Representing: Signer is Representing: 7� - 392 - November 3, 2009 GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: $80 WALNUT STREET • CINCINNATI, OHIO 45202' 513.3695000 a FAX 513 - 723.2740 The number of persons authorized by this power of doomey is not more then TWO No. 0 14121 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of Ile laws of the State of Ohio, does hereby nornku e, eonsfitutc and appoint the person or persons named below its true and lawful attomeykn -fats, for it and in its name, place and steed to cumm in behalf of the said Company, as suraty, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the acid Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JOHN G. KOOKOOTSEDES BOTH OF BOTH JAMES 0. BRAKKE LAGUNA NIGUEL, 575,000,000.00 CALIFORJA This Power of Attorney revokes all previous powers issued in behalfof Ile attorney {s }in -fact named above, IN WITNESS WHEREOF the OREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 26` day of, MAY . 2006. Attest STATC OF OMO, COUNTY OF HAMILTON - ss: GREAT AMEJUCAN INSURANCE COMPANY DAVID C. KITCHIN (513.3W3811) On this 26 day of MAY , 2006, before me personally appeared DAVID C, KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he it the Divisional Senior Vice Presiders of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument that tic knows the seat of the still Compaty; that the seat affixed to the said Instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like audloriry. This Power of AGOmey is granted by authority of the following resolutions adopted by the Board of Directors ofGmat American Insurance Company by unanimous written consent dated March 1, 1993. RESOLYED: That Me Division President, the several Division pica Presidents and dssistani Vice Presidents, or any one of them, be and hereby is ardhorize4 f✓ we time to thm, to appoint one or more , nameys•ht -Fact io exacwar on behalf of the Comitany, as surety, any alai all bonds, rmderrabirgs and contracts gf sureyship, or other wrditen obligotions hr the nature thereof m prescribe their respective dudes and the respectlre limits ofrheir aurharity; and to revoAa any such appointment at any time. RESOLVED FVRTlfbR: That the Caumpany seal and the signature ofany ofiim ofomsaki ojJlcerr and any Secretary or Assistant Secretary grthe Comyrany may be affixed byfacshnfle to any potrer of altorney or cent fkau ofeithergtwn for the execution o(any board, undertak ng, cmmrocl or suretyship, or other wrttien obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Cornpariy, to be valid mid binding upon the Company with the same force and elect as trough eranttatly affixed. CERTIFICATION I, RONALD C, HAYES, Assistant Secretary ofOrcat American insurance Company, do hereby certify thatthe foregoing Power of Attomcy and the Resolutions ofthe Board of Directors of March t, 1993 have not been revoked aid arc now in full force and effect. Signed and seated thiL 171-h day of, Apr it , 2006 S 1022T(11 re, 1) - -1 ) - November 3. 2009 MEMORANDUM UTILITIES DEPARTMENT TO: Sue Moroney, Finance Dept. Jim Cherof, City Attorney (w /copy) FROM: Peter Mazzella, Deputy Director of Utilities DATE: April 23, 2008 SUBJECT: Quantum Park and Village LLC — Performance Bond Enclosed is original performance bond no. MS2302996 from Great American Insurance Company, in the amount of $35,414.15 which represents 5% of the value of the water and sewer improvements dedicated to the City as part of the subject project. This surety will be retained for the one -year warranty period. Please review this bond, and if acceptable, retain for future use. If you find any deficiencies in this performance bond, or have any questions regarding it, please contact me directly. Attachment Xc: Laurinda Logan, Engineering File - 394 - November 3, 2009 6.T CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ f FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Review and accept the General Fund and the Utility Fund Revenue & Expenditure Analysis (Budget to Actual results) for the Fiscal Year Ended September 30, 2009. EXPLANATION OF REQUEST: Staff has summarized and is providing this preliminary analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for the period ended September 30, 2009 compared to (a) the annual budget for this year and (b) actual results to date for the prior year. The reported financial information will be revised to incorporate fiscal year -end adjustments. A preliminary review and estimate of potential adjustments indicate that added revenue and expenditure adjustments should offset so the net excess or (deficit) in each fund (discussed under Fiscal Impact below) should not vary materially. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Regular and a timely monthly review and oversight of the City's two major funds has an indirect impact on the revenues and expenditures that support City programs and services. FISCAL IMPACT: The following discussion provides an overview of the General Fund and the Utility Fund actual revenues and expenditures compared to budget to date. GENERALFUND For the year, General Fund revenues and transfers realized (including the appropriated fund balance of $4.6 million) are $67.687 million (92 %) of the $73.963 million annual budgeted revenue estimate. FY 2009 expenditures exceed revenues and transfers by $2.944 million comparable to $0.726 million at this same period of last year. This represents a negative result of $2.218 million in FY 2009 compared to FY 2008 for the twelve month period. (Referenced amounts are highlighted below on the next page). - I - November 3, 2009 Revenues & Transfers FY 2009 Annual Budget FY 2009 Actual to Date FY 2008 Actual I to Date FY 09 vs. 08 Positive (N egative) Difference JProjected I Budget Amount I % j Amount I % Revenues & Transfers $ (6,140) $ 67,823 $ 73,963 $ 67,687 92% $ 65,371 85% $ 2,316 Expenditures $ 3,700 $(70,263 ) $(73,963 ) $(70,631 ) 95 $(66,097 ) 80 $ (4,534) Excess (Deficit) $ 2,440 $ 2,440 $ - $ (2,944) $ (726) $ (2,218) Projected Year -End Results — The results to date and the assumptions for revenues and expenditures proved reasonably within the target, the General Fund's deficit (reduction of fund balance) for the year resulted in $7.544 million. This is based on the following: • $4.600 million — Appropriation (use) of fund balance to balance the budget • $2.944 million — Actual operating deficit (above) • $7.544 million — Total year -end reduction of the fund balance The following summarizes the major revenues and expenditures to date. Revenues (Exhibit A) — While the excess of revenues resulted from a majority (99 %) of property taxes received for the year, it compares favorably with the 100% received at year -end as noted on Exhibit A. $6.140 M Revenue Shortfall - We projected uncollected property taxes of-$700 thousand for the year. In addition, we are expecting the need to refund perhaps $600 thousand of building permits previously collected. Together, these two projections raise our projected revenue shortfall for the year to $6.140 million for all funding sources. The following revenue sources account for the majority of the $6.140 million projected shortfall for the fiscal year: • $0.700 million - Ad Valorem Taxes • $0.221 million - Franchise Fees • $3.615 million - Building Permits • $0.505 million - State Shared Revenue • $0.386 million - Public Safety Revenue • $0.295 million - Interest Earnings Expenditures (Exhibit B) — General Fund expenditures to date are $70.632 million (95 %) of the $73.964 million annual expenditure appropriation. This represents a 4.5% annual budget savings of $3.332 for the year. $3.332 M Projected Expenditure Savings — The City continued the reduced rate of spending in the last six months of the year and came in 4.5% under budget for the full year. This resulted in the actual saving of $3.332 million (4.5% of $73.964 million) for the full fiscal year ended September 30, 2009. The graph at the bottom of Exhibit B displays actual expenditures (red line) that dropped below the budget (green line) beginning in March. This displays the results of our efforts in the past six months to reduce expenditures further below the budget in order to offset the anticipated revenue shortfall. - 396 - November 3. 2009 UTILITY FUND Through September 30 Utility Fund revenues and appropriated fund balance exceeded expenditures by $7.925 million in FY 2009 compared to expenditures exceeding revenues by $7.274 million last fiscal year. While this notes a positive swing of $15.2 million as noted in the following summary, it includes a $4.887 million fund balance appropriation to date as part of the funding source. FY 2009 FY 2008 FY 09 vs. 08 Annual Budget Actual To Date Annual Bud et Actual To Date Positive (Negative Amount I % I Amount I % Revenues & Fund Balance $ 35,442 $ 38,014 107% $ 33,312 $ 26,yy4 3i io �i y,u2u Expenditures $ 35,442 $ 30,089 85% $ 33,312 $ 36,268 109% $ 6,179 Excess (Deficit) $ - $ 7,925 $ - $ 7,274 $ 15,199 FY 2009 Revenues & Fund Balance above in the Annual Budget column includes the $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 $38.014 million in FY 2009 revenues and fund balance appropriation exceed the $28.994 million to date in FY 2008 by $9.020 million because of two factors: 1. The $4.887 million fund balance appropriation and 2. The rate increases this fiscal year making up the difference. Water Sales of $13.743 million = 114% of the annual estimate, compared to 74% at this point in FY 2008. Sewer Service of $15.225 million = 110% of the annual estimate, versus 90% last year. The May 1 water and sewer rate increases have offset the projected $4.887 million budgeted deficit. Hopefully, this will provide for adequate bond debt service coverage that was in jeopardy prior to the increases. Expenditures (Exhibit D) — Utility Fund expenditures to date were $30.090 million or 85% of the annual appropriation with spending at a slower rate this year resulting from a conscious effort to reduce costs. Individual expenditure categories reasonably tracked and compare favorably to FY 2008 overall, especially in the major expenditure categories of Public Water Treatment and Sewage Treatment. ALTERNATIVES Not Applicable - 397 - November 3 , 2009 WLIMNI I SNU991 $S WAX, SNAXI I $211.(X91 - V, Two Year Cumulative Revenue Comparison and CFY Budget - ($ in thousands) SIN'n'c'AFin:moinl Rq-%IMumhk IimmWReP:xlelRmlpra Rr. mw- GF- 11r .S,:p OY lumn,;.riied(XII R-,-S, ne,, Rc.-1 $67.923 - 398 - November ',.'?009 Uct !rm' Dcc Isn 7 M., ,Apr 'I'm Jan 1.1 r Scr --3r- Cumulati 08 Actual •Cu 09 Actual --d- P roje c ted 09 Budg EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2009 (100°/ of Fiscal Year) REVENUES FY 2009 ANNUAL BUDGET FY 2009 TO DATE FY 2008 FY 2008 TO DATE ACCOUNTS REVENUE % REVENUE % DIFFERENCE PROJECTED APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES (798,882) $34,214,578 $35,013,460 $34,513562 99% $38,151,700 $38,232,934 100% LESS TIF TAXES TO CRA 98,882 5,144,938) (5,243,820 ) (5,144,938) 98% 6,129,284 (6,129,284) 100% NET TAXES TO THE CITY 32,022,416 32,103,650 100% (700,000) 29,069,640 29,769,640 29,368,624 99% LICENSES AND PERMITS FRANCHISE FEES (221,000) 4,900,000 5,121,000 3,906,098 76 °b 5,188,400 4,821,409 93% BUSINESSTAXES (16,000) 1,375,000 1,391,000 1,402,664 101% 1,3155,000 1,429,055 103% BUILDING PERMITS (3,615,000) 335,000 3,950,000 889,536 23% 5,244,930 3,995,077 76% PUBLIC SERVICE TAXES - - 0% 3,822,490 3,520,287 92% OTHR LICENSES, FEES 8 PER (28,000) 166,000 196,000 160,986 82% 223,700 176,078 79% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE (185,000) 25,000 210,000 41,693 20% 2,500 113,313 4533% STATE SHARED REVENUES (505,000) 6,152,000 6,657,000 5,750,978 86% 7,747,000 6,809,737 88% SHRO REV FROM OTHR LCL (15,000) 490,000 505,000 415,870 82% 942,000 590,859 63% STATE GRANTS • 0 - 55,375 0% - 0 0% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 7,000 93,000 86,000 92,599 108% 87,200 62552 95% CHRGS- GENERAL GOVT (39,406) 251,000 290,406 299,557 103% 406,750 310.908 76% PUBLIC SAFETY (386,925) 3,850,000 4,236,925 4,099,884 97% 3,482,600 4,015,967 115% PHYSICAL ENVIRONMENT 8,000 13,000 5,000 17,149 343% - 4,885 0% CULTUREIRECREATION (7,000) 305,000 312,000 294.656 94% 266,600 306,091 115% INTEREST 6 MISC REVENUE VIOLATIONS LOCAL ORD. 49,000 152,000 103,000 197,012 191% 280,000 191,578 68% INTEREST EARNINGS (295,000) 805,000 1,100,000 730,781 66% 1,519525 989,450 65% RENTS AND ROYALTIES (34,000) 200,000 234,000 191,432 82% 209,500 224,971 107% SALE OF SURPLUS MATERIAL 25,000 28,000 3,000 28,374 946% 7,500 6,175 82% OTHER MISC. REVENUE (182,000) 195,000 377,000 317,920 84% 216,900 293,041 135% INTERNAL FUND TRANSFERS TRANSFERS 14,786,665 14,786,665 14,786,665 100% 5,386,800 5,386,800 100% FUND BALANCE APPROPRIATED 4,630,000 4,630,000 4,630,000 100% 0% $ (6,140,331) $ 67,823,305 $ 73,963,636 $67,687,853 92% Total Revenues $ 68,442,011 $ 65,371,883 96% WLIMNI I SNU991 $S WAX, SNAXI I $211.(X91 - V, Two Year Cumulative Revenue Comparison and CFY Budget - ($ in thousands) SIN'n'c'AFin:moinl Rq-%IMumhk IimmWReP:xlelRmlpra Rr. mw- GF- 11r .S,:p OY lumn,;.riied(XII R-,-S, ne,, Rc.-1 $67.923 - 398 - November ',.'?009 Uct !rm' Dcc Isn 7 M., ,Apr 'I'm Jan 1.1 r Scr --3r- Cumulati 08 Actual •Cu 09 Actual --d- P roje c ted 09 Budg S7au(Xl Sraolx) S50,00() S411,M) S3(l.Ulp S211(x)(l S i WHI Sn S'VnnnceHFinn -W RgN. rn 6.1 Repnna \BudEel Review. GF - Ihm Se, IN ummarim,lllfl l Er pedimre Summary Rev iwi NI5l20(W - 399 - November 3, 2009 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep --X-- Cumulative 08 Actual w.:- Cumulative 09 Actual Budget 09 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2009 (100% of Fiscal Year) EXPENDITURES - FY 2W9 FY 2008 TO DATE FY 2DOB FY 2056 TO ATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 423,814 $ 399,191 94% $ 474,152 $ 333,322 70% CITY MANAGER 639,605 589 92% 611,335 589,842 96% CITY HALOGEN. ADMIN. 1,917,260 1,323,226 69% 4,217,483 2,164,462 51% PUBLIC AFFAIRS 182,064 137,234 75% 165 168,762 91% CITY CLERK 558,899 525,296 94% 557,755 481,651 86% CITY ATTORNEY 480,375 509,822 106% 444,046 501,974 113% FINANCIAL SERVICES 1,247,864 1,199,512 96% 1,176,149 1,185,110 101% ITS 1,866,388 1,560,888 84% 1,763,228 1,633,176 93% GEOGRAPHICAL INFO SYSTEMS 430,164 393,796 92% 411,207 397,626 97% HUMAN RESOURCES 1,045,986 893,724 85% 916,809 809,187 88% ORGANIZATIONAL DEVELOF 198,891 149,126 75% 179,790 168,319 94% PUBLIC SAFETY COMMUNICATIONS 2,384,971 1,936,869 81% 2,341,086 1,926,718 82% POLICE 24,321,550 23,652,973 97% 21,360,400 22,474,015 105% CODE COMPLIANCE 1,261,445 1,144,048 91% 1,024,201 1,039,424 101% FIRE 18,713,899 19,228,395 103% 14,802,509 15,114,842 102% EMERGENCY MANAGEMENT 116,300 80,410 69% 149,697 99,226 66% ANIMAL CONTROL 201,023 172,576 86% 185,049 168,679 91% BUILDING & DEVELOPMENT DEVELOPMENT 412,826 418,256 101% 387,954 392,597 101% BUILDING 2,368,088 1,909,133 81% 2,432,725 2,237,753 92% ENGINEERING 937,154 911,234 97 1 /6 919,102 847,523 92% PLANNING & ZONING 991,450 933,686 94% 1,039,390 985,761 95% BUSINESS TAX 297,936 285,799 96% 288,726 296,703 103% PUBLIC WORKS PUBLIC WORKS 296,412 318,195 107% 294,524 301,823 102% FACILITIES MANAGEMENT 2,009,496 1,667,772 84% 1,792,068 1,762,900 98% STREETS MAINTENANCE 1,175,287 941,196 8D°k 1,064,949 921,652 87% LEISURE SERVICES LIBRARY 2,600,620 2,301,119 88% 2,490,441 2,216,068 89% RECREATION 2,771,735 2,652,927 96 1 /6 2,795,725 2,527,215 90% FORESTRY & GROUNDS 1,824,643 1,551,125 85% 1,862,982 1,731,983 93% PARKS MAINTENANCE 2,324,939 2,271,441 98% 2,272,639 2,126,126 94% CRA REIMBURSABLE & RESERVE: (37,448) 553,181 0% - 492,972 0% TotalEzpenditures P963636 $ 70,631,803 95% 68442011 $ 66,097,415 97% S7au(Xl Sraolx) S50,00() S411,M) S3(l.Ulp S211(x)(l S i WHI Sn S'VnnnceHFinn -W RgN. rn 6.1 Repnna \BudEel Review. GF - Ihm Se, IN ummarim,lllfl l Er pedimre Summary Rev iwi NI5l20(W - 399 - November 3, 2009 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep --X-- Cumulative 08 Actual w.:- Cumulative 09 Actual Budget 09 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2009 (100% of Fiscal Year) R EVENUES FY 2009 FY 2009 TO DATE FY 2D08 FY 2008 TO DA - Tr - ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED $12,100,000 $ 13,743,747 114% APPROVED REALIZED REALIZED $13,853,000 $10,290,441 74% WATER SALES WATER CONNECTION FEE 80,000 16,615 23% 206,000 105,240 51% WATER SERVICE CHARGE 200,000 453,734 227% 200,000 278,899 139% WTR- BACKFLOW PREVNTR TEST 31,547 5,710 SEWER SERVICE 13,825,000 15,225,309 110% 14,251,907 12,687,690 90% STORMWATER UTILITY FEE 3,315,000 3,323,558 100% 3,495,800 3,320,146 95% TELEVISE SEWER LINES 10,000 0% 30,000 6,442 21% FEES 50,000 0% 50,000 31,351 63% INTEREST INCOME 840,000 208,142 25% 1,100,000 236,423 21% SALE OF SURPLUS EQUIP. 1,000 0% 5,000 3,861 77% GAIN LOSS ON INVEST 2,006 0% 0% OCEAN RGE UT TAX ADM CHG 500 628 126% - 444 0 % BAD DEBT RECOVERIES 3,000 2,284 76% 10,000 2,150 22% MISCELLANEOUS INCOME 30,000 16,880 56% 10,000 40,737 407% CAPITAL CONTRIS -WATEF - 0% 717,882 0% CAPITAL CONTRIB -SEWER 0% 965,831 0% TRANSFER FROM 101,000 101,000 100% 101.108 101,108 100% APPROPRIATED 4,887,153 4,887,153 100% TOTAL REVENUES $35,442 653 $ 38,014,603 107% r$ - 33,312,815 $28,994,357 87% 54(1.(1(1) $3(1.0(X) I I $ I o.ow 0a Nov Dec Jan Feb Mar .Apr May Jun Jul Aug , -0- 08 Actual -*-Cumulative 09 Actual -0 Budget 2009 S'.\Finance \Financial ReportsWonthly Financual Reports%Budget Review - Ur - thru Sep 09 Summanzed401 Rev Sum -400- November 3. 2009 54o.no9 � I $30.000 $200X) S 10.000 $o S: \Finance \Financial ReportsWordhly Financial Reports%Budget Review - OF - thru Sep 09 Summareed401 Exp Sum -401- November 3, 2009 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep —)(—Cumulative 08 Actual —*—Cumula 09 Actual Budget 2009 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2009 (1 DO % of Fiscal Year) EXPENDITURES FY 2009 FY 2009 TO DATE FY 2008 FY 2008 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED $ 1,687,111 $ 1,529,228 EXPENDED 91% APPROVED $ 1,472,215 $ 1,698,513 EXPENDED 115% WATER DISTRIBUTION PUBLIC WATER TREATMENT 6,672,154 6,130,839 92% 6,118,042 6,267,311 102 METER READING & SERVICES 1,209,520 887,287 73% 1,210,417 987,982 82% WASTEWATER COLLECTION 1,794,768 1,836,432 102 1,749,751 1,794,078 103% WASTEWATER PUMPING STATNS 2,574,901 2,515,198 98% 2,587,611 2,482,492 96% SEWAGE TREATMENT 4,505,000 3,809,183 85% 3,775,800 3,587,303 95% WATER QUALITY 578,888 582,175 101% 523,507 559,395 107% UTILITY ADMINISTRATION 2,011,468 1,743,296 87% 1,950,265 1,794,459 92 GENERAL ADMINISTRATION 5,727,921 4,665,003 81% 5,694,300 12,854,983 226% UTILITES ENGINEERING 1,274,598 1,209,552 95% 1,199,267 1,216,945 101% STORMWATER MAINTENANCE 899,485 544,668 61% 931,447 712,452 76% CUSTOMER RELATIONS 1,202,174 1,153,633 96% 1,217,468 1,232,680 101% DEBTSERVICE 5,304,665 3,603,766 68% 4,882,725 2,115,485 43% RESERVES (120,265) 0 (1,035,084) 0 Total Expenditures $35,442,653 $30,089,995 85% $33,312,815 $36,268,994 109% 54o.no9 � I $30.000 $200X) S 10.000 $o S: \Finance \Financial ReportsWordhly Financial Reports%Budget Review - OF - thru Sep 09 Summareed401 Exp Sum -401- November 3, 2009 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep —)(—Cumulative 08 Actual —*—Cumula 09 Actual Budget 2009 6. U CONSENT AGENDA November 3, 2009 lip CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Return the $29,600 cash surety for site restoration on the Catalina Centre Development to Walboyn Development Corporation. EXPLANATION OF REQUEST: A restoration surety in the amount of $29,600 for an excavation and fill permit (for the construction of Catalina Centre, et al) was filed with the City. This memorandum was generated by a previous City Engineer (Tom Clark) to the then City Manager (Peter Cheney) dated January 16, 1986. The acceptance of the surety was on the January 21, 1986 City "Council" meeting to be posted prior to getting a building permit from the Building Department. In a 1988 correspondence with the DCA, it is noted that Walboyn Development Corp. was 100% owned by Ocean Properties, Ltd., of Boca Raton, FL, including all land in the Catalina PUD. In July 1989, Walboyn Development Corp., a Maine corporation, transferred the Catalina Centre development to Catalina Centre Development Corp., whose office was in Boca Raton, FL. No further project information has been retrieved from the Engineering Division records. The Finance Department only has hard copies of deposits back to 1994. However, their General Fund Miscellaneous Deposits status sheet reflects a deposit in this amount from Walboyn Development received on May 23, 1986. Since the Engineering Division has no known outstanding issues with the Catalina Centre development, we recommend the return of the original excavation and fill permit surety to Walboyn Development Corp. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The development has been completed since circa 1990, except of some outparcels, which came about in 1994 -1996. No outstanding issues to the original development have been identified. -402- November 3, 2009 FISCAL IMPACT: A September 23, 2009 letter from the developer in Portsmouth. NH has requested the return of the surety. ALTERNATIVES: None, except to turn over the funds to the State of Florida as "unclaimed funds ". - 403 - November 3. 2009 Walboyn Development Corp 1000 Market St Bldg 1 Ste 300 Portsmouth NH 03801 September 23, 2009 H. David Kelley, City Engineer 100 E. Boynton Blvd Boynton Beach FL 33435 Re: Walboyn Development Corp $29,600 cash surety bond Dear Mr_ Kelly, After becoming aware of an old cash deposit made by Walboyn Development Corp I have contacted the city of Boynton over the past two years trying to find the deposit which goes back in circa 1989. I had previously contacted individuals at the City which said that they would look into the matter, but unfortunately they never responded. Last week I contacted Tim Howard who directed me to the Development Division where I was assisted by Ken Hall. After some research Mr. Hall was able to find documentation on the $29,600 cash bond which was posted which Mr. Hovt apparently has on deposit without proper identification. Accordingly, as the beneficiary of the cash deposit we herein request that you authorize the City of Boynton Beach finance department to refund the $29,600 deposit to Walboyn Development Corp. The check may be sent to my attention at Robert Garr_ia, Controller Walboyn Development Corp. 1000 Market St. Bldg I Ste 300 Portsmouth NH 03801 Should you have any questions or need additional information please call me 603 -559- 2105. Res tful� FID Kobert Garcia, Corporate Controller J' - Walboyn Development Corp. Y Vi a, 1 i -404- November 3, 2009 6. V CONSENT AGENDA November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ I CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Approve the "MONTEREY BAY - TRACT C -1" Record Plat, conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). EXPLANATION OF REQUEST: The record plat review for this project commenced on July 3, 2009, to which the second and final review was completed on August 27, 2009. Noted plat preparation changes not withstanding, staff now recommends that the City Commission approved the plat as presented, subject to final signatures by the City Engineer and Mayor. The record plat is the next step in the development of the project, replacing the portion of the development left undeveloped. The record plat preparer has stated that all minor changes necessary to this instrument are now in compliance with those comments noted in the last review letter. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed development will continue to be delayed until the proposed record plat has received the technical compliance with the Land Development Regulations. Thus, no building permits can be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. FISCAL IMPACT: None ALTERNATIVES: The proposed development will continue in tentative status until the proposed record plat is received in acceptable form, superseding a portion of the existing subdivision. -405- November 3, 2009 -406- November 3. 2009 WOOLBRIGHT ROAD z Lu _ _ SITE w ' > �- RIDGEW OOD ROAD E. LATERAL CANAL L -30 r c J z W w z � a z 4. ATLANTIC AVENUE (S.R. 806) o LOCATION MAP NOT TO SCALE -406- November 3. 2009 8. A PUBLIC HEARING November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ® PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09 -173 — Designating a Portion of the Community Redevelopment Area a Brownfield. EXPLANATION OF REQUEST: The designation of a brownfield area will provide economic incentives to redevelop properties within the CRA. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The designation of a Brownfield Area is an economic development program that will provide incentives to property owners to redevelop properties that have or are perceived to have environmental contamination. The existence of brownfields within a community may contribute to, or may be a symptom of, overall community decline, including issues of human disease and illness, crime, educational and employment opportunities, and infrastructure decay. The environment is an important element of quality of life in any community, along with economic opportunity, educational achievement, access to health care, housing quality and availability, provision of governmental services, and other socioeconomic factors. Brownfield redevelopment, properly done, can be a significant element in community revitalization. The State and Federal government offers financial incentives to encourage the redevelopment of designated brownfield areas. Some of the incentives include: • Refund of Sales Tax on Building Materials • $2,500 state corporate tax credit per each new job created • Loan guaranties • Clean -up liability protection • Federal tax credit for clean -up costs The CRA is working with several large developments that will create jobs and provide necessary services to the eastern communities. The incentives offered through a brownfield -407- November 3, 2009 designation will help to make these projects financially feasible. However, the brownfield designation must be in place prior to the approval of the development in order for the developer to access the incentives. The attached map depicts the specific areas that will be designated as Brownfields. FISCAL IMPACT: The addition of this economic development incentive will lead to job creation and the redevelopment of vacant or underutilized properties thereby increasing the City's tax base. ALTERNATIVES: Do not adopt the resolution. -408- November 3. 2009 RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, DESIGNATING AN AREA WITHIN THE BOUNDARIES OF THE BOYNTON BEACH COMMUNTIY REDEVELOPMENT AREA A BROWNFIELD AREA; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Brownfield Redevelopment Act, Sec. 376.77 through Sec. 376.85, Fla. Stat. (2002) (Act) provides for local governments to designate by resolution areas consisting of one or more brownfield sites as "brownfield areas" for the purpose of environmental remediation, rehabilitation and economic redevelopment; and WHEREAS, the City of Boynton Beach, Florida, desires to designate, pursuant to the Act, an area of the Boynton Beach Community Redevelopment Agency (CRA) as delineated in the attached map, as a Brownfield Area to secure the benefits accruing under the Act; and, WHEREAS, a municipality may declare an area within a Community Redevelopment Area a brownfield area, and, WHEREAS, the Community Redevelopment Director has requested brownfield designation as a means of obtaining incentives for redevelopment of property within the Community Redevelopment Area. WHEREAS, brownfield designation will enable property owners to voluntarily use State Brownfield Programs for environmental remediation, rehabilitation and economic development; and, WHEREAS, per Florida Statutes 376.80(l), any property owner within the Brownfield Area may have their property removed from the proposed designation by requesting so in writing to the City, and, WHEREAS, the City has complied with the procedures outlined in the Act and has provided notice as required by Sec. 166.041(3)(c)2 Fla. Stat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLROIDA, THAT: Section 1 . Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The boundaries of the Brownfield Area are depicted on the map prepared and provided by the Community Redevelopment Director which is attached hereto as Exhibit "A" and incorporated herein by reference. The Brownfield Area lies completely within the boundaries of the Boynton Beach Community Redevelopment Area. -409- November 3, 2009 Section 3 . This resolution shall become effective upon its adoption following two public hearings. Section 4. The City shall notify the Florida Department of Environmental Projection of the decision to designate the redevelopment area of the CRA as a brownfield area. PASSED AND ADOPTED this day of .2009. CITY OF BOYNTON BEACH. FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) -410- November 3. ?009 BOYNTON BEACH: PROPOSED CRA AREAS WITH BROWNFIELD DESIGNATION -411- November 3, 2009 Page 1 of I From.-Torvela, Art [ Alt: I'or�efiit�Eicp.state.fl.us] Sent: Thursday, October 15, 2009 11.24 ANN To: Brooks, Vivian Subject- It : Brownfield Map :'ivied, Ifits iTiap i\ vieafer than frills" of ti le. Brovicifield ar•^O nl.fs is thgt have f have seen ism as's£ui3i ng the t]lue lifte is the Cf3A but ridar ies and the red line is the BF area bound arf+rs. Perhaps the CRA del:f e ation sh ild be taken out: but that is (fit i s£fh`g=.? iCan. if is black and whit(: photo Copy af':ow - tile CRA bakiridaries and Bf. areii it couid get c(infu sing. The £;ity of 6: P6 used On to Ai the B F/ CRC arew;, What ctndd help is moro strreet naune.s. The east W atea bound appears east of US i. what stieEet is this? Also, what strrer k th:: Wost noun <iaey nayr?h cf Rny Bch fiivd ff a parcel decides to sw ^pde from tiln Br. area u Could text thor,e parcaels in the mare n. I hope f helped. Th artk a for aiiowlne :fie to proeide. input. Art• Torvela, RE. E3:ilE�;ifit�tJS CtY�nArai:c N'rirkla:Gt ;�ati. <rrc lt' of F.rr,in',r:ns >riP; <! R;aic.r.Ei:xa t;Uiaitsrits? Di ?Eli: i. 400 Worth Avg.. >:ifEz ?GSl West tTa14ti 33raxr:. R. n4f13:•21i) ]'t is+ flora.: 563 fR, 4 1 -friJt; Flor-fcia's lVatcer - Oum to Protect-. Check out tllc latest in;orina£iCrrl On Rin'rida Wainr Issues at Eitw :Z ; _ prasented:.by the Florida Depau•tment oi' Fn Aronmental Protection The Department of Environmental Protection values your feedback as a customer. DEP Secretary 11filichael A/.. Sold is rxmmitted to c.•ontinuousiy assessing and improving the level and quality of services broviled to you. Please take a few minutes to co intent on the quality of service you received. Simply click on JEh' Customer .Suive Thank you in advance for completing the survey. ........... ............. From: Brooks, Vivian [mailto :BrooksVKa Sent: Thursday, October 15, 2009 1 :03 AM To:. Torvela, Art Subject: Brownfield Map Hello Mir, Torvela, per our conversation today, I'm attaching the map that is paat of the proposed Brownfield l- sol£ition, Please review and let me know if it meets the intent of the program and Brownfield statute. Thank you very much for your assistance. Vivian t_. Brooks Assistant Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, Fl. 33435 561- 737 -3256 :roof sti i�33t ? i :us. t3lklrr All ff)hlgS.` Benjamin )Franklin h1e:/1G ,Docuinents and Setting:,kttterbt;vkttLocfat SettingsTetnporar y Internet Files`,OL... 10120/2009 -412- November 3. 2009 Page E of 1 From, 'I'orvda, A;l (~si t: I ortrelrt�dcp.siatt .fl.tts:� Sent: ThursdEt ; -, October 1 2009 11 (1141 To: Brooks, Viv Subject: I : Brownfield Map V ivian, l tie n'tap is c: €e;,,fer tf4rii'. rfio t r?f the thS , t # ave I ll;we :e?>n. I'm ass tit ri rit, t€ i. u tie i if. f? is tEi£s CRA bouri:t'.•1r ieS o nd t €>e red fine is the U ar;rtf f €7 t? {.: f {:i tf4? € ?t�c•:if i ?i:t s € ?., •i.t} be t.a€£t:il out but that. is only . ^ ^. svgg .'?il.rt ?31. if i3 bl`]t:€t if=3tT' V €lltf E : }fr2trt ct, y;,lioaw, the ?:. €iA Loiritrlarirc at c} W. we is it could €<i ?E: r:£rrifusing, he City of S:Jf Fs used ti to niioto t €i. 3€ j CRA arew;, :what CoOd he'- €i? is mono Street naino.s. The east bF wc?a boundary app frs east of U. i. mi t stieet is ti3is,? Also, imict atrert k tile. bound -wy north of f? oy:ltofi } "J'. l }ivd oarcef deGiC €i?S to yf tE'f <+ e {i' e rEcl fs CCitlff, t ? e/ t:ltiti ?' tlaf'Ct� €S JJI ille': rficif'f?i1). i hope € ilelped. Th: ?rrk u for a ilLiSine me. to proSK€� input, Aft 7i nMa, F'.::. f:i)Ydi iax:Ert4 Ce <si� }ii�t�t.: f' > ?s ?i a tktn:srtsrr ?:iti t:E Ei:i:�irru::iist >:;r E ?:ytec.Ee£xi ACs; Ncrti; C Qrfgrftsz �;c,.. 8::ite :2t 5^ } fE"1 i:t i E4:tx: it °:3ifT$E•ei7:rEi iilo:ric_la", N3rater - Overs} to Protect-. Check out file latest irfformation oti Maridn Water Issues at fitt?:i; ?.reltg:_i < i:t : ;i'crt. �E_, presen ted .by-t €ieFloridaDetaiutmezitci' •irrironinent:IF?rotectio.n. The Department of Environmental Protection values your feedback as a customer. GET Secretary Hchaei W. :Sole is committed to corfinirousty assessing and improving the level and quality of services provided to you. Please take a #etv minutes to cor rmeni on the qualiP� of services you received. Simply click on ail;;, - Jahn to !h6- 'ir r.0 # +�vc3. Thank you in advance for carr p(eting the survey. ........ front: Brooks, Vivian [rnailtrr :Br•ook sV i@bbfl.us] Sent: Thursday, October. 15, 2003 11 AM To :. Torvela, Art Subject: Brownfield Map Heflo Mr, Totvela, per ow. conversation today, €`m attaching the map that is part of the proposed Brownfield :'esolartlon, Please review and let me know if it meets the intent of the program rind Brownfield statute. Thank you very n.uch for:your assistance. V L Brooks Assistant Director Boynton Beach CRA 915S ' Federal Highway Boynton Beach, FL 3 551- 737 -3256 ?�otyyirt Ali. itr " En< - Crt ' i"r noci ° S Benjamin Franklin tile:/iC :t•Documents and Setting4,;,ltttteeDucktt�:oca1 Seltingsk Internet Fi S 10 /2t3i2t %t9 -412- November 3, 2009 9. A CITY MANAGER'S REPORT November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS /PRESENTATIONS ® CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ I FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: Consider City staff review of proposals submitted in response to the City's RFP to address space needs of the Police Department and /or City Hall and based on staff review by the Selection Committee to - (1) Request oral presentations by one or more of the respondents before proceeding further. (2) Direct staff to further negotiate one proposal, or (3) Consider researching other options to provide necessary space, or (4) Decide not to move forward with addressing space needs at this time. EXPLANATION OF REQUEST: At its April 21, 2009 meeting, the City Commission reviewed a draft Request for Proposals (RFP) prepared by staff that was intended to garner input from the private development community by providing ideas and concepts related to provision of much needed space for the Boynton Beach Police Department. Furthermore, this draft RFP advised potential respondents that the City would also favorably consider proposals that contemplated provision of space for City Hall, thereby suggesting that respondents may wish to opine regarding the future status of the municipal complex site including the old high school and Fire Station #1, amongst other known facilities such as the Children's Museum and Kids Kingdom playground. The City's RFP did not require that respondents consider all aspects. Rather, the RFP was purposely structured to allow creativity by respondents based upon their own ideas and available resources such as land and buildings. Based upon Commission approval during the April 21 meeting, the RFP was submitted for public consideration with only minor text changes. The following attachments are provided the Commission in order to provide past context and history of this project. 1. Exhibit 1 — April 21 Commission Agenda item wherein the draft RFP was presented for approval. 2. Exhibit 2 — April 21 Commission minutes. 3. Exhibit 3 — Final RFP (excluding. two technical addenda) - 413 - November 3, 2009 Staff anticipated considerable response to the City's RFP. As such, a Pre - Submittal Conference was held on June 17 at Intracoastal Park Clubhouse with well over 100 attendees representing developers, builders, and designers. Despite this turn out, only four responses were received at the public opening on September 1. However, all four responses received indicate that sincere effort and time were given to this project by the respondents. Therefore, staff was challenged with determining which proposals merited further review by the Commission. To determine which proposals to submit to the Commission, staff relied upon the RFP for guidance. The RFP contained the following language and provides guidance to both City Staff and City Commission on how to proceed with the project: Section V - Evaluation /Selection of Proposals The City expects to receive a wide variety of PROPOSALS that will accommodate our need for support spaces required to administer Police and General Government services. No two PROPOSALS will be the same. Furthermore, some PROPOSALS may not address all elements of the RFP while others may contemplate either the sale or re -use of the remaining City property and buildings (existing City Hall complex, Quantum property, or old high school). Staff reviews will be conducted pursuant to the provisions of the Florida Sunshine Law. The City will provide an evaluation panel that will review all PROPOSALS and possibly interview eligible and top ranking proposers. City staff will then select and recommend the top three (3) PROPOSALS that are the most creative, and cost effectively address those space needs referenced herein. After ranking is completed, the recommended finalists will be presented to the City Commission in a public forum who may, at their option, request formal presentations prior to the final selection of a contractor /developer for this project. The City Commission may choose to further negotiate any PROPOSAL it deems to be in the best interest of the public. The City will negotiate elements of an Agreement substantially based on the attached Agreement found in Appendix B and the final scope of services to be developed from this RFP and the firm's response. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an Agreement, the final contract will be formalized by the City Attorney and submitted to the City Commission for their final consideration and approval. The City Staff evaluation team was comprised of Kurt Bressner, City Manager, Quintus Green, Development Director, Jeff Livergood, Public Works Director, Barry Atwood, Finance Director and Jeff Katz, Police Lieutenant. This team created and completed a ranking form (attached as Exhibit 4). Each individual completed the form based upon their own review of the responses. A summary of ranking based on scores for each respondent is as follows: -414- November 3. 2009 Rank Respondent Points Responsive ? 1. Urban Building /CH2MHill 432 Yes 2. Sembler and Partners 361 Yes 3. Renaissance Commons 351 Yes 4. Patrinely Group 269 Non - Responsive Staff recommends that the City Commission evaluate the top three proposals according to guidance provided within the RFP. A supplemental summary assessment is attached as Exhibit 5 that notes the strengths, weaknesses, opportunities and threats of each response. Staff finds that each of the three responsive proposals, although vastly different in their character, provides a unique opportunity to, in all cases, address the needs of the Police Department. Two of the proposals provide alternate opportunities to address space needs of City Hall, if so desired by the Commission. All three responsive proposals provide cost information for comparative purposes. The fourth proposal did not provide required cost information and was deemed non - responsive to the RFP for this reason. Lastly, and disappointingly, none of the proposals included specific comment on re -use of the existing City Hall municipal site or old high school. Therefore, in all three of the solutions to be considered by the Commission, one should keep in mind that the City controls the future destiny of the existing municipal site and the City vision for this site should be considered in tandem with consideration of the three proposals, yet not required as a part of that review. In essence, the City retains many options for the municipal site. It would be appropriate for the City Commission to publicly review the various solutions offered in the three proposals. Staff recommends that the Commission comment and provide additional questions for staff and /or respondent follow up. The Commission may wish to view presentations by the three respondents during either a future scheduled Commission meeting or a special workshop. In all scenarios, it is necessary to proceed in a timely manner to select and refine the direction to address identified space needs such that this matter can be placed upon the March 2010 ballot for a public bond referendum if this is desired. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The size of the existing Police building is woefully deficient. By providing the necessary square footage, the Police staff will be able to more effectively fulfill those tasks which are fundamental to the expectations of the public and congruent with the precepts of the modern law enforcement mandate. Furthermore, staff support space will provide proper separation of Police functions yielding internal efficiencies and enhancing confidentiality. Lastly, all Police functions will be consolidated into one facility thereby eliminating the need for numerous remote facilities and enhancing operational continuity and efficiency. In this scenario, the City will be able to sell or re -use the old Fire Station #2 currently occupied by the Police Traffic Unit. Obviously, if Police functions are relocated to a new facility, the vacated space in the existing building could be used to address some of the space needs currently existing in City Hall. Nevertheless, there are compelling reasons for considering the development of a new City Hall now along with a new Police facility. First, the existing City Hall is aging and will require increasing and costly maintenance. Moreover, it is not completely ADA compliant, it lacks the required fire suppression systems, its interior spaces are functionally inefficient and non - customer friendly and it is unable to meet the current hurricane code requirements for public buildings. -415- November 3, 2009 Second, although the current state of the economy presents the City with some budgetary challenges, it also presents a rare window of opportunity which, if missed, may not come again for another generation. As the recently completed Fire Station No. 5 demonstrated, the development of a new City Hall Complex in conjunction with a new Police Facility at this time would enable the city to take advantage of unprecedented low construction costs. This could save the city millions of dollars in both construction costs now and maintenance costs in the future. Finally, while a new Police Facility is recognized as the first priority, the inevitable need to eventually replace the existing aging and inefficient City Hall should be seen as an economic development opportunity for the city. The present City hall site, located at the 7 busiest intersection in the city, represents an underperforming public asset that currently generates no taxable income for the city. By relocating City Hall this site could be made available for the kind of mixed use private redevelopment that would enhance the city's tax base and create an opportunity for a revitalized downtown cultural center. Such relocation is not limited to the area east of 1 -95. FISCAL IMPACT: To be determined. ALTERNATIVES: Numerous as specified in the proposals. -416- November 3. 2009 IX. - CITY MANAGER'S REPORT ITEM C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ )anuary 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) ❑ January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ® April 7,20R March 16, 2009 (Noon) C Tc4o ❑ Announcements/Presentations ® City Manager's Report NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM ❑ Consent Agenda ❑ Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing ❑ RECOMMENDATION: Review draft RFP for City Hall and Police Facility(ies). Provide direction to staff on how to proceed. EXPLANATION: At the February 17, 2009 City Commission meeting, staff was directed to prepare a draft Request for Proposal to accomplish meeting Police Department space needs and City Hall operational space needs. The draft RFP will Provide the City with: 1. Proposals for a stand -alone Police Facility, City Hall or both. This can be on city owned property or elsewhere. 2. Proposals for Police functions to be provided as part of an office building. 3. Proposals for General Government functions to be provided as part of an office building. 4. Parking for all options including 5. Funding for, or refurbishment, of the Old High School property. PROGRAM IMPACT: The estimated cost of a stand -alone Police facility including a parking structure, exclusive of land costs is $28-$31 M. The City has planned an 80,000 sq. ft. stand -alone Police facility on property the City purchased in 2003 at the SE comer of Gateway and Highridge. This is adjacent to Fire Station #5, which is to be complete in July 2009. This planning effort is a way to determine if there is a viable alternative to constructing this facility. However, the staff is also pursuing Federal stimulus funds for the 80,000 sq, ft. Police facility at Gateway/Highridge in an effort to bring the cost of the Police facility down to a range of $21-$23M. FISCAL IMPACT: Funds are appropriated and funds will be available upon issuance of bonds for the Police facility at a cost point of about $28M however this project is an effort to see if the City can deliver a Police facility at a lower cost. There are no current funds budgeted for a relocation or replacement of City Hall. Funding for this portion of the project would have to come from proceeds of the sale of the City Hall/Police facility property, a referendum bond issue or other financial vehicle. ALTERNATIVES: 1. Proceed with the Police facility only at this time. 2. Hold both projects until the economy moderates with the recognition that bid prices will also escalate with a delay. S:\BULLETIN\FORMSWGENDA ITEM REQUEST FORM.DOC -417- November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head's Signature Department Name Exhibits to Report: Draft RFP Document Excerpts of City Commission Minutes from February 17, 7009 Aerial of City Hall Complex and Surrounding Area SIBULLETIN \FORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature Assistant to City Manager _ ____ City Attorney I Finance -418- November 3, 2009 City of Boynton Beach Draft Request for Proposals Police and City Hall Facilities. Purpose and Overview The City of Boynton Beach is evaluating a variety of options related to the provision of office space necessary to provide both Police and General Goverment services to our community of 65,000 people. This Request for Proposals is intended to solicit proposals from the private development community that may satisfy the City's need for space in general. It is the intent of the City to consider any and all proposals to provide the referenced space. Creativity by proposers is encouraged. Proposals need not contemplate only traditional "stand alone" governmental buildings. Rather, all available means and resources that can provide the necessary office space and supporting elements will be seriously considered. Space for these services can be provided at any location within the Boynton Beach municipal boundaries. History The City of Boynton Beach, "The Gateway to the Gulf Stream," is a coastal city located in a rapidly growing area of Palm Beach County. Major Nathan S. Boynton, a native of Michigan who distinguished himself in the Civil War, founded the city, which has a current population of over 65,000. Boynton directed the construction of the Boynton Beach Hotel from 1895 to 1897. He and his workmen, recruited from Michigan, brought their families and settled in the new town of Boynton. With other settlers, the early years of our city were spent building a town, raising vegetables to supply their needs and those of the guests at the Boynton Beach Hotel and shipping pineapples, tomatoes and other cash crops north on Henry Flagler's new Florida East Coast Railroad. Today, the city attracts a multitude of business and industry and people of all ages and interests. Boynton Beach Today Residents and business owners in Boynton Beach are served by a City government that provides a variety of services. From necessities such as water and sewer, garbage and trash pickup, police and fire protection and code compliance, to amenities such as golf, tennis, library services, and oceanfront and special events, the City's elected officials and employees are dedicated to making Boynton Beach a great city in which to live, work, play and learn. Boynton Beach is a community of rich history east of I -95 and has an existing Downtown Master Plan published by the Boynton Beach Community Redevelopment Agency. Exciting growth has also occurred in the last five years west of I -95, particularly along the Congress Avenue corridor. The report can be downloaded or viewed at this location: http://www.bovntonbeachcra.com/downloads/FINAL_DMP_I- 15- 09.pdf -419- November 3, 2009 Our City's Form of Government The City of Boynton Beach has a Commission -City Manager form of government. Residents elect the Mayor and City Commissioners, who in turn appoint a City Manager to manage the day -to -day operation of the City and to carry out Commission policy. The City Manager directs the operation of departments that provide City residents with services and programs. For additional information about our City government. please visit our web page at http : / /w-ww.bovnton- beach.org/` Our Municipal Boundaries The City is generally bordered by the Intracoastal Waterway to the east, Hypoluxo Road to the north, Gulfstream Boulevard to the south and Lawrence Road to the West. Any space provided for in the respondents proposal must be provided within the City's corporate limits. A City map is attached for reference as Exhibit 1. Proposal Guidelines All proposals submitted shall consider the following minimum requirements. Failure to adequately account for these needs in their entirety shall be cause for rejection of the proposal. Space Allocation Each proposal must clearly identify that total physical space requirements can be accommodated for the Police Facility, City Hall, or both in combination. It is understood by the City that space can be accommodated in three primary ways. First, a traditional stand -alone structure(s) can be built to provide for department needs. These types of structures must comply with all facets of the City's Land Development Regulations including parking. Secondly, existing vacant, single occupancy, structures can be modified to provide the necessary space, assuming all provisions of the Land Development Regulations are complied with. Third, existing multi -tenant uses may be possibly adapted to provide for the space as specified herein. Lastly, the City wishes to emphasize that the respondent's proposal is not limited to the three referenced approaches. It is entirely possible that other types of spaces may be adapted to City use. Therefore, all creative solutions that are in the interest of the community will be considered. The City's Land Development Regulations may be found online at http• / /www amlei2al com /nxt/2ateway dll/ Florida/ bovnton ibovntonbeachfloridacodeoford inances ?f= templates$fn= default htm$3 0$vid= amlegal:boyntonbeach fl The City recognizes that not all space is created equal. For example, through an architectural space analysis, the City learned that approximately 81,000 SF of office space is required to support Police functions in a stand -alone building. This space includes all common area lobbies, corridors. mechanical rooms and other support areas. -420- November 3. 2009 Also through space analysis, the City learned that approximately 20,000 SF of the 81,000 SF of space was considered common area space, thereby leaving a theoretical 61,000 SF of space actually occupied by Police Administrative staff. This space was supplemented by another 5,000 SF of space for Sallie Port and prisoner processing needs. City Hall can be treated in a similar manner. However, the space allocated to common areas is somewhat less. Therefore, it is assumed that general government office space needs comprises approximately 61,000 SF, of which 10,000 SF is considered common area. Required Office Space In a stand -alone building the space needs are summarized as follows: Police (inclusive of common area and Sallie Port/prisoner processing) 81,000 sq.ft. General Government- 61,000 sq.ft. In an office building with shared space the needs are less as it is assumed that common area would be provided: Police - 61,000 sq. ft plus 5,000 sq.ft. Sallie Port/prisoner processing or 66,000 sq. ft. General Government — 51,000 sq. ft From the foregoing, it is assumed that, by sharing parking and common areas, certain economies can be achieved by a combined facility. Moreover, proposals that share common area with a mix of other, non - municipal uses will also be considered. In both scenarios, the proposer shall describe the proposed level of interior and exterior finish. It is assumed that interior furnishings will be provided by the City. Parking Needs It is critical that sufficient parking be accommodated and discussed in the proposal. As noted, parking provided for a stand -alone structure shall, at minimum, comply with the City's Land Development Regulations. However, the City will consider shared parking approaches for those structures proposed to be modified for City occupancy. The following parking requirements are absolute minimums and failure to accommodate these minimums will be cause for rejection of the proposal. The City reserves the right to re- evaluate its parking needs at any time. City Hall/ General Government 175 spaces Police Functions 100 spaces Because both the police and general governmental services require convenient parking for the public, the parking needs must also provide a strategy on how a minimum of 50 publically accessible spaces will be provided for general governmental services and 40 publically assessable spaces will be provided for Police functions. -421- November 3, 2009 Growth All proposers shall include discussion specific to growth in City operations. As our City continues to become more populated, or as our municipal borders expand. it will be necessary to increase staff, particularly for general government services. Whereas the specified space needs for Police functions considers reasonable future growth. the space allocated to general government does not. It is anticipated that space for general government operations could expand to 80,000 SF within the next 20 years. Therefore, the proposal shall identify how the need for this additional general government operational space will be accommodated in the future. It is preferable that this future space be contiguous to any space provided and /or constructed in the initial term Growth in parking demand shall be considered as well. Therefore the proposer shall identify how many parking spaces will be available for the referenced future growth of general government operations. Although growth in Police operations will not necessarily demand more office space, the addition of new Police officers in the future will require additional parking for staff vehicles (as many as 75). An additional 50 parking spaces could be required for City Hall growth. Proposer shall describe any space that may be available for other support vehicles such as boats, trailers. etc. Costs and Financing As discussed herein, the City is desirous of identifying the many ways that space can be provided for both Police and General Government operation. Once again, creativity by the proposer is encouraged. However, equally as important to the physical space is the cost of that space to the taxpayer. The City recognizes that space can be purchased. leased, rented and numerous lease to own options are available. To that end, the City requires the proposer to identify recommended financing options for the space proposed. The proposal shall clearly identify costs for A. Police Facility, and/or B. General Government Facility, and/or C. Combined Police and General Government Facility Existing City Hall / Police Complex Space for Police and general government functions is currently provided at the municipal complex at 100 E. Boynton Beach Boulevard. Proposers may consider maintaining the required spaces on the existing municipal campus in the area generally bounded b} Bovnton Beach Boulevard, Seacrest Boulevard. SE 2 "d Avenue and NE I" Street. The City will consider abandonment of rights of way. Should proposers consider maintaining City services at the existing campus, the proposal must specifically identify the status /future of Fire Station ; 1. Kids Kingdom. Children's Schoolhouse Museum and the old High School. - 422 - November 3, 2009 Should proposers consider relocation of City services from the existing complex, the City will have excess property that can either be sold or redeveloped. Therefore, the City will entertain proposals that contemplate either an offer to purchase the existing City properties or redevelopment of same. The Children's Museum, and necessary parking must remain under the auspices of the City. However, the City will entertain alternative uses or sale of the old high school property. The Old High School is discussed in the next section below. An aerial photo of the City Hall/Police /Old High School/Library area is attached as an exhibit. Old High School The City Commission has indicated that the City will award additional points for a proposal for reuse of the existing City Hall/Police Complex that either provides funding or executes a refurbishment strategy for the Old High School property located west of the Children's Schoolhouse Museum at the NE corner of Ocean and Seacrest. Sustainable Construction The City of Boynton Beach is committed to providing the construction of energy- efficient and sustainable buildings. The City's leadership in promoting these standards is vital to demonstrate the City's commitment to energy conservation, saving taxpayers money and raising public awareness of energy rating systems. Any proposal involving new construction, major renovations to existing buildings, or tenant improvements to existing buildings shall, through design and construction, meet the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high - performance green building rating system as approved by the Department of Management Services. Cost Estimates Proposals shall clearly define preliminary cost estimates for proposed services. Cost estimates shall include all costs to the City, including but not limited to, property acquisition or lease cost, estimated common area maintenance expense, and any other expenses to the City. Proposals shall include payment for any proposed purchase of the existing City properties or costs for the re -use of the old high school if so proposed. Evaluation of Proposals The City expects to receive a wide variety of proposals that will accommodate our need for support spaces required to administer Police and general government services. No two proposals will be the same. Furthermore, some proposals may contemplate either the - 423 - November 3, 2009 sale or re -use of the remaining City property and buildings (old high school and Kid's Kingdom). City staff will select three proposals deemed to be the most responsive and those respondents will be required to present their proposal to the City Commission in a public forum. The City Commission may choose to further negotiate any proposal it deems to be in the best interest of the public. Resources or Reports Referenced: City of Boynton Beach Web Page — Resources include public documents and planning reports: http: / /www.bo •nom beach.org /government /departments /public affairs /publications /index.html Boynton Beach CRA Web Page — Resources include public documents and planning reports: littL)://-v\ Boynton Beach Downtown Redevelopment Plan: http• / /wwik .com /downloadS%FINAL DMP 1-15- 09.ndf City of Boynton Beach, Land Development Regulations: llttT)•i'www amlegal com /nxt/galeway.dll/ Florida/ boynton /bovntonbeachfloridacodeoford inances?f- default. htm $3.0$\ amleval:bovntonbeach n -424- No-vember 3, 2009 Meeting Minutes Regular City Commission Boynton Beach, Fl February 17, 2009 fasteners for the City to install. He asked that the dock not be taken away from his property. Mr. Hemingway was willing to execute any type of hold harmless agreement the City may require. Mrs. Melley countered that Mr. Hemingway's predecessor had a lease agreement with the City to use the dock that was not continued by the Hemingways after purchase. Vice Mayor Rodriguez expressed his concern that the sea wall is owned and maintained by the City and yet the citizens have no benefit or access to waterfront property. He did feel the property east of the sea wall should be abandoned. Commissioner Hay agreed with the abandonment, but was not In favor of tearing down the dock. Commissioner Weiland confirmed the sea wall was needed whether or not citizens had access to the area, so the lift station could be maintained. Mayor Taylor declared there was consensus to abandon the property east of the sea wall. Mr. Piazza suggested that once the abandonment is granted, the property reverts to Mr. Constantine and the Homeowners Association. The City could be granted access to the dock to maintain the sea wall from the easteriy side by using the dock. Motion Vice Mayor Rodriguez offered a motion to ask legal counsel to discuss indemnification and hold harmless agreements with the two individuals involved and bring It back to the Commission for approval. Commissioner Weiland seconded the motion. The motion passed unanimously. A. Follow -up report on possible relocation of City Offices Mr. Bressner reported that in December 2008 the City had been approached by Compson & Associates regarding saving money on the new police facility and the price point. The planned 80,000 square foot building with a panting deck attached had an estimated cost of $31 million with a price point of $350 to $400 a square foot. The savings suggested by Compson related to the use of an existing office building with a price point of $200 a square foot for the purchase of the area, plus about $40 a square foot for refurbishment. Further discussion evolved regarding a more comprehensive proposal. Based on the direction of the Commission to include in any land swap discussion, the potential refurbishment of the Old High School and redevelopment effort, Mayor Taylor recvsed himself from the talks and staff only continued. Staff has been assessing space needs for both the Police Department and City Hall office for many years. A 2003 space need study estimated the City would need approximately 60,500 square feet for City functions only and 81,000 square feet for police operations. The current structure for both the Police Department and City Hall has 65,000 square feet total. 15 -425- November 3, 2009 Meeting Minutes Regular City Commission Boynton Beach, FL February 17, 2009 Alternatives discussed revealed moving into an existing building would achieve some economies due to spatial relations reducing Police functions to 61,000 square feet and City functions to 50,000. Only 243 employees would be impacted and 81 of those would be moving anyway if the stand -alone structure on High Ridge and Gateway was built, resulting in a net impact on only 162 employees. Six options were offered for consideration that would meet the goal of safe, efficient operation of space needs for the Police Department, relocate City functions into a safer building from hurricane damage, retain a fire station in the downtown area, provide workforce housing and provide funding for the refurbishment of the Old High School. The cost is competitive with the stand -alone structure for the Police Department only. The density would be 316 units that staff could support and would cost approximately $30 million, generating $8 million for the refurbishment of the Old High School. If the Commission elects to fund a portion of the Old High School project with $4 million, the price point is reduced to $26 million. The current City Hall campus is approximately 18 acres. Vice Mayor Rodriguez clarified the cost of $31 million for the police facility was not gained from a developer, but rather a consultant, based on October 2008 prices. Option one was the land swap and included refurbishment of the Old School with four models based on four density options. The proposal submitted included four density options because a higher density would increase the value of the City Hall property. Staff could accept the 316 units for density. Legally, land swaps are permitted under the Code or an RFP can be directed for a land swap. The rules would change if the project is separated rather than a package. Option two is the same, only $8 million less, and reduces the price point. It does not fulfill the direction the Commission had previously given. The preliminary site plan had a range of units from 196 to 396 units with four to seven -story buildings that would not encroach on the Old High School property. The monies that would be generated would be dedicated to the refurbishment of the Old High School. The developer would not be a part of the restoration efforts. Option three involves splitting the proposals and look only at moving the Police facility to the existing structure. The cost, based on a space need of 61,600 square feet would also have to include the cost of upgrades for the current City Hall facility including compliance with ADA standards, a sprinkler system, roof repairs and other required upgrades, totaling approximately $20 million. Legally, an RFP for developers could be directed. Option four provides funds for the Old High School at either $4 million or $8 million to be added into the cost of the proposal. Fire station #4 would remain at a cost of $24 million or $28 million. Option five would proceed with the construction of the previous planned structure at a cost of $31 million, based on October 2008 building costs, and included refurbishment of the current facility for $4 million. No workforce housing would be constructed nor restoration of the Old High School. Fire station #1 would remain at the present location. 16 -426- November 2009 Meeting Minutes Regular City Commission Boynton Beach, FL February 17, 2009 Option six would be postponing construction of the Police facility and deferring action on the relocation of City Hall and doing nothing with the Old High School. The cost would be zero with pending repairs to the current City Hall of a minimum of $3 million within the next three years. The four possibilities are to proceed with the negotiation for a land swap and workforce housing on the City Hall parcel, allow the proposals to sit for 30 to 45 days for additional review, authorize staff to seek alternative proposals for either the entire package or portions thereof, or maintain the status quo and proceed with the Police facility. Commissioner Weiland questioned the loss of tax revenue if the Qty Hall or Police facility would occupy the current, privately owned property, plus workforce housing taxes at the current site would go to the Community Redevelopment Agency rather than the City tax base. Mr. Bressner estimated approximately $250,000 would be lost. Commissioner Weiland also inquired about maintenance expenses in the future, if the City owned part of a building. Mr. Bressner would provide that information if the offer were authorized to be further negotiated. Common area maintenance costs could be factored in, offset by the maintenance at the current location. A definitive policy decision needed to be made first. Vice Mayor Rodriguez inquired if there were any financial considerations from the Community Redevelopment Agency that were not included. Mr. Bressner advised there was no contribution from the Community Redevelopment Agency. The development of workforce housing could include some subsidized dollars from the Community Redevelopment Agency. Vice Mayor Rodriguez thanked Compson & Associates for bringing the proposal before the Commission. There was no disagreement that a new Police facility was needed and property was purchased at the comer of Gateway Boulevard and High Ridge Road for that purpose. He speculated that the cost estimate would be much lower if an RFP was issued and developers submitted their proposals. The Downtown Masher Plan had been approved by the Community Redevelopment Agency and the City of Boynton Beach that included the City Hall at the current location within the downtown area. Vice Mayor Rodriguez reiterated his position that more affordable housing was not needed. He contended the proposal was tainted by discussions between the developer and Mayor Taylor. The City Manager also continued negotiations with the developer without permission of the Commission. It was Vice Mayor Rodriguez's contention that other developers should be given the opportunity to bid on the project with separate bids for the Police facility and City Hall. He was not sure money should be spent on a new City Hall with the current economic environment and he felt it should remain in the downtown area. Commissioner Weiland voiced his appreciation to Compson & Associates for the proposal. Economically it was good to consolidate into one site for less and provide affordable housing. The Quantum Group also advised they had land available for a new facility. All options should be considered. Commissioner Hay indicated the proposal was very attractive, but was undecided about moving City Hall. There has been a shift in the City along the Congress Avenue corridor. He agreed the Police facility moving west was appropriate, but was not convinced City Hall should be moved west of I -95. In all fairness, it would behoove the Commission to solicit as many 17 -427- November 3 , 2009 Meeting Minutes Regular City Commission Boynton Beach, FL February 17, 2009 proposals as possible before making a decision. He noted the proposal essentially moves City Hall at little or no cost and relocates the Police facility for less than the cost of the new building alone. However, the Downtown Master Plan needs to be considered. Traditionally, a City Hall generates a flow of people and business to an area and he did not want to remove that element from the downtown area. Commissioner Hay wanted further negotiations to cease until other opportunities and proposals could be received and reviewed. Commissioner Ross repeated the fact only 161 employees would be relocated. She appreciated staff's work on the alternatives and available options. Commissioner Ross was particularly interested in providing and focusing on a new Police facility and, at a later date, looking into the City Hall situation, due to the economy. Mayor Taylor explained his contact with Mr. Comparato last December and that it was his job as Mayor to talk to developers and, in fact, had three other developers contact him with ideas. All developers need to have time to prepare their proposals before information is released to the public and media, so fair comparisons can be made. He was offended by the accusation the proposal was tainted, because most developers speak to the Mayor before submitting any proposal. Mayor Taylor also disagreed with the comment that all housing was affordable. Salary levels dictated affordability and not necessarily real estate availability. It was the responsibility of government to assist those to attain home ownership, regardless of their salary levels. He recognized that change is difficult; however, economics may have to prevail and should be considered. He agreed an RFP was appropriate to get the best deal. He cautioned the inclusion of the Old High School project had to be consistently applied to all proposals, if it is part of the development plan. Commissioner Hay noted a plan for the refurbishment of the Old High School had never been submitted by anyone. He wanted it refurbished, only if it would be self - sustained. A satellite City Hall on the east side of I -95 was also a concern of Commissioner Hay. Many questions remain unanswered until more alternatives are considered. Commissioner Ross noted there was a distinction between workforce housing and affordable housing that should be clarified. Quintus Greene, Development Director, defined workforce housing as a dwelling to be sold or leased to an individual or family that is income qualified, in which the rent and mortgage payment, including principal, interest, taxes, insurance and homeowner association fees does not exceed 35% of the gross income of households that are classified as low or moderate income households. In State statutes workforce housing means affordable to natural persons or families whose total annual household incomes do not exceed 140% of the area median income adjusted for size. The area median income in Palm Beach County is $66,000. Commissioner Ross pointed out affordable housing is a different category. James Comparato, Compson & Associates, agreed an RFP was exactly how the issue should be approached and he withdrew his suggestion and would present it as an RFP. In his mind, the proposal submitted was economically viable for the City and done with the best of intentions. It is now politically charged and he understood the respective positions of the 18 -428- November 3. 2009 Meeting Minutes Regular City Commission Boynton Beach, FL February 17, 2009 Commission. He strongly believed his proposal was economically sound for all parties and would prove so in the RFP process as well. Brian Edwards, 629 NE SP Avenue, expressed his opinion that the comments of Vice Mayor Rodriguez were very negative and non - productive, especially in light of the fact the Vice Mayor had initiated the concept that any discussions include saving the Old High School. Mr. Edwards commended the Commission for wanting to use the RFP process, but he reminded everyone the word plan means changes can be made if it is better for the City. He stressed the negativity was unnecessary and perhaps tainted the remarks of the maker. It was an honest proposal, made at a public meeting with several options. Saving the Old High School will have to be a public /private venture similar to the Children's Museum. ]im Lynch, 610 Horizons East, President of the Sterling Village Association, President of the Boynton Intercoastal Group and represented 4,800 taxpayers, voiced concern about changing the flavor of the downtown area by moving City Halt and building more affordable housing units. He agreed with building a new Police station, but argued City Hall should remain in the downtown area. Mr. Lynch contended the taxpayers should not be saddled with paying for an unnecessary move and the projects started should be finished first. Needless and unnecessary progress was not wanted. Mr. Lynch felt both negative and positive remarks should be heard. Victor Norfus, 261 N. Palm Drive, addressed the fact that the Old High School could be a multi-use facility and include more office space for City Hall employees and activities. It does not have to be purely historical in nature. Mr. Norfus did not believe moving City Hail would improve the area and could deter progress toward a downtown area. Victoria Castello, 406 S. Seacrest, agreed with Mr. Norfus that the Old High School should be refurbished and City Hall remain downtown. She was concerned about additional traffic flow issues with more housing units in the area. The reasoning did not support the proposal and the heart of any City should be around the City Hall. Lisa Bright, Community Redevelopment Agency Director, recalled over her four years with the Community Redevelopment Agency and the RFP going out for a Downtown Master Plan, there had been proposals to build a new City Hall as a part of Bicentennial Park, another to build across Seacrest Boulevard and another proposal for a new City Hall as part of the Ocean One project. There were also discussions about building a new City Hall at the Arches location along Federal Highway and Ocean Avenue. The current City Hall site is attractive because the largest employer is Bethesda Hospital and 35,000 cars a day pass through the intersection of Boynton Beach Boulevard to get to I -95. Retail will not come to the downtown area unless there are rooftops with residents. Ms. Bright noted moving City Hall is one of the largest plans in the Downtown Master Plan. Budget constraints prohibited an economic feasibility study being done on moving City Hall according to the Downtown Master Plan. She reiterated the Plan was only a conceptual plan to entice developers and incentives have not been discussed in the proposal. Vice Mayor Rodriguez clarified there had not been any competitive bid process for the Downtown Master Plan. 19 -429- November 3, 2009 Meeting Minutes Regular City Commission Boynton Beach, FL February 17, 2009 Jamie Anne Woolley, 306 SW 12"' Avenue, had a family of four who made under $83,000 and owned a home in Boynton Beach for over eleven years. A single - family home could be acquired without increasing density and offering incentives. She inquired about any guarantee the surrounding residents would have that the housing remain workforce and promotes a downward spiral in home values. She did agree with being cautious and felt more planning needed to be done before any decisions were made on the Old High School. Herb Suss, 1711 Woodfem Drive, thought it should be a joint venture with an RFP for City Hall and a Police facility and RFPs separately for each. The location of City Hall was not an issue. Steve Anton, 234 SW 2 nd Avenue, suggested a streamlined process that was uniform for every developer to approach the City with a project. He contended it should be a more open process with a Comprehensive Plan that is followed. Flynn Holland, 618 S. Seacrest, did not support moving City Hall or the Police facility to the west. She noted many businesses had been knocked down along Federal Highway and were now vacant. The proposed site has a quagmire of parking issues with a great deal of traffic issues. The additional housing units would create more traffic problems and the current housing values are all affordable. Ms. Holland felt the proposed site was an impossible destination for many. George Perry, 2012 S. Federal Highway, was impressed by the Commission's attempt to do the right thing. He observed moving government offices were not appropriate. Office space at the proposed location would have to be refurbished and the cost of those renovations had not been addressed. Mayor Taylor replied all the costs were included in the proposal. Candace Killian, 642 Riviera Drive, voiced her opinion that City Hall should remain at the present location. It deserves to be a prominent location, in a stand -alone building and not a store front. She contended Congress Avenue could not accommodate more traffic and was hazardous for senior citizens. Ms. Killian suggested the Old High School be used for additional space, if necessary. Commissioner Weiland felt the responsibility of the Commission was to investigate all the advantages and disadvantages for the City of Boynton Beach and not the personal gain of any individual or entity or political gain. Commissioner Weiland indicated he did agree with one of the points of Vice Mayor Rodriguez, but did not agree the proposal was tainted. Each Commissioner usually has a cause that they champion through their term in office. On the other hand, asking questions about a proposal was not being negative, but a responsibility. Motion Vice Mayor Rodriguez moved that the City go out for an RFP for a new Police facility that would include both options for the current land allocated for the Police facility or other location. Commissioner Ross wanted to be clear that the proposals did include a public/private relationship regarding the Old High School. The population downtown was as important as the 20 - 430 - November 3 . 2009 Meeting Minutes Regular City Commission Boynton Beach, FL February 17, 2009 population throughout the City. The Police Department has to cross Congress to get to District IV that has the largest population in the qty, with the retail and business hub and a place of destination for the mall and restaurants. Mayor Taylor disagreed that Congress Avenue was a difficult commute. There are several traffic signals; however, there is a four lane divided highway through Renaissance Commons from Gateway Boulevard to Old Boynton Road with no signals and very little traffic. It was built to take traffic off of Congress Avenue. His other point of concern was the tough economic climate and budget cuts that would necessitate borrowing the money to refurbish the Old High School. He hoped no one would lose their job if money could be spent for the Old High School renovation. Commissioner Hay seconded the motion. Mayor Taylor wanted an additional RFP for a City Hall /Police combination also. Vice Mayor Rodriguez felt it was critically important to keep the projects separate. Mr. Livergood sought clarification. The proposal was to retrofit an existing building with a major shift on providing government services with internal parking; totally different than building a new structure. The RFP has to be comparable to the present proposal. A design build process is a more lengthy process. Vice Mayor Rodriguez indicated his motion was for a master RFP with sub RFPs for the other options. Mr. Bressner noted the two processes would be distinctly different. Mr. Uvergood contended it would be difficult to make comparisons. Motion Mayor Taylor made a substitute motion to include Vice Mayor Rodriguez's motion for RFPs for stand -alone structures and add an RFP for a combination City Hall /Police Department as one unit. Vice Mayor Rodriguez contended the proposals should be made in conjunction with the Downtown Master Plan and not outside of the area. Mayor Taylor wanted the location to be anywhere in Boynton Beach. Vice Mayor Rodriguez argued the Downtown Master Plan would be the source of the RFP which includes the Old High School and Town Square. Mayor Taylor noted it would eliminate all other locations. Mr. Bressner indicated it was not clear to staff. The alternatives presented addressed every possible scenario. Vice Mayor Rodriguez argued the proposal totally disregarded the Downtown Master Plan. Commissioner Ross sought direction if the intent was to strictly abide by the Downtown Master Plan. Mr. Bressner pointed out there had been no funding to implement any part of the Downtown Master Plan. It was approved and proposed moving City Hall closer to Federal Highway. Mr. Bressner suggested a policy decision be made if there should be consideration of anything west of I -95 for City Hall. Commissioner Ross and Mayor Taylor wanted to consider all possible locations. Vice Mayor Rodriguez wanted to uphold the intent of 21 - 431 - November 3, 2009 Meeting Minutes Regular City Commission Boynton Beach, FL February 17, 2009 the Downtown Master Plan. Commissioner Weiland wanted to see any options for the Police Department, and any options for City Hall east of I -95. Commissioner Hay was in favor of assessing all options to find what was best for the citizens and City of Boynton Beach. Mr. Bressner summarized all buildings, anywhere, that could house the Police and City Hall, or separately and compare it with the stand -alone costs of the High Ridge Road location. There would be efficiency in space moving into an existing building rather than building a new structure. Mr. Livergood explained many common spaces are eliminated with an existing building to create a more corporate environment. A traditional, government environment would be a stand -alone building. Commissioner Ross agreed it was their responsibility to look at all options. Vice Mayor Rodriguez restated the motion to include all the components, using the current land for the Police station, also including alternate existing buildings and also including the City Hall Downtown Master Plan east of I -95 or an alternative location west of I -95. Mr. Bressner wanted the RFP returned to the Commission for approval. Vice Mayor Rodriguez requested extra bonus points be given to developers who include proposals for saving the Old High School. Commissioners Ross and Hay agreed. Commissioner Ross seconded the motion, The motion passed 5 -0. X. FUTURE AGENDA ITEMS: A. Approve the report on disposition of surplus computers. (Tabled on January 6, 1009) — March 3, 2009 B. Proposed Code amendments relating to reclaimed water — March 3, 2009 C. Report on cost sharing options for take -home vehicles (In conjunction with continued budget discussions) — March 17, 2009 D. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum (Defienvid pending future grant oppoftun/ties) E. Review and consideration of approval of Auburn Master Development Agreement (Proposed Resolution No. R09 -018) Tabled on January 20, 2009 XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2 " Reading - Development - PUBLIC HEARING 22 - 432 - November 3. 2009 Meeting Minutes Regular City Commission Boynton Beach, FL April 21, 2009 much public benefit should be assigned to the activities as opposed to user fees. Programs used more heavily by the general population should be subsidized more than those patronized by a limited number of individuals. Commissioner Rodriguez reiterated he would not support a tax increase. Commissioner Weiland concurred. Mayor Taylor requested the dollar figure that would result from the millage increase. Commissioner Ross and Vice Mayor Hay also wanted the information. Commissioner Weiland repeated his contention that borrowing from the reserves would not address the internal issues that created the shortfalls. Lori LaVerriere, Assistant City Manager, sought direction on the issue of reviewing the continuation of the discretionary programs and possibly raising fees. Vice Mayor Hay indicated both issues had to be addressed and Mayor Taylor asked for an intensive investigation into the details of each program to make an informed decision. Mr. Bressner cautioned if programs were eliminated, staff would also be eliminated. Commissioner Weiland clarified that any wage freeze would also include each Commissioner's stipend. C. Review of RFP for City Hall - Police Facility (Tabled on Apii /7, 2009) Mr. Bressner reported staff had drafted a Request for Proposal (RFP) to meet the space needs for the Police Department and City Hall operational needs. If the five areas as drafted were approved, the Request for Proposal would be sent out. First proposal was for a stand -alone police facility, City Hall or both on City -owned property or elsewhere. The second proposal was for police functions as part of an office building. Another proposal was for general government functions to be provided as part of an office building. Parking options for all proposals would have to be analyzed. Funding for refurbishment of the Old High School property would be the last proposal. The space needs of a stand -alone police facility would be 80,000 square feet. The price point of a stand -alone building ranged between $28 million to $31 million based on 2008 estimates. Previously- purchased land could be utilized and federal stimulus funding was being sought but not yet identified. There were no funds available for the replacement of City Hall. A new City Hall could only go forward with the proceeds of a sale for adaptive reuse of the property, a referendum bond issue or some other funding source. It had not been included in the five year capital improvement budget. One alternative was to proceed with the police facility only with a Request for Proposal in either a stand -alone structure or an existing office building. Another option would be to hold both projects until the economy improves, recognizing that bid prices would be going up. Mayor Taylor agreed with proceeding with the draft Request for Proposal. Commissioner Rodriguez established the land was previously purchased with capital improvement funds and no restrictions on its use. Mr. Bressner did advise a portion of land used for the Fire Station was paid out of the fire assessment funds. The current value of the remaining 7 acre property is $2.5 million. The .original purchase price for the entire 10 acre parcel was $3.9 million. 20 - 433 - November 3, 2009 Meeting Minutes Regular City Commission Boynton Beach, FL April 21, 2009 Commissioner Ross was interested in issuing the drafted RFP covering the five points. She did want the refurbishment of the Old High School to include the public /private partnership aspect. Mr. Livergood and Mr. Bressner contended inclusion of a public /private partnership proposal would be too difficult. Earlier proposals required a substantial subsidy from the City or owner of the building. Commissioner Rodriguez questioned if a fair comparison could be made if the City-owned property location would include construction management at -risk proposals including a guaranteed maximum price. Mr. Livergood replied the proposers could include that if they chose. There would be no level playing field and firm prices would probably not be submitted with the proposals. Subsequent negotiations would reveal the prices. Mr. Bressner intervened that the proposals would have to specify a certain finishing and minimum acceptable standards. Commissioner Rodriguez contended the standards could be established after receiving the guaranteed maximum price. Quintus Greene, Development Director, clarified the project was not out for bid, rather for proposal. It would be a framework with five elements to be addressed by the developer. There could be many ways to address the elements. A price would not be sought at this time. Commissioner Rodriguez proposed the Commission set the standards for a guaranteed maximum price to avoid change orders and increases in pricing. Mr. Livergood pointed out the top three proposals would be presented to the Commission and once selected, then the guarantee maximum price can be negotiated. Attorney Cherof advised the procedure is unique in asking the marketplace to dictate what can be done and allowing the creative minds of the developers to meet the requirements of the RFP. It would be a totally different process and very radical. Mayor Taylor agreed. Marie Horenberger spoke representing the Morganti Group, a national builder. As a taxpayer she congratulated the City and Mr. Livergood for designing an RFP covering the various elements and the concept. She cautioned the proposals would not be comparable. A facility proposed on the land previously purchased would generate construction management at risk proposals that would include a guaranteed maximum price for the project. Hard bids would contain no maximum price or not to exceed price. The guaranteed maximum price method is safest for the City and the builder assumes any risk. Retrofitting an existing building usually results in many change orders, driving costs higher and possible litigation to resolve any disagreements. She suggested language be added to the RFP requiring a guaranteed maximum price or not to exceed price. Ms. Horenberger mentioned that a proposal for a stand -alone police facility at the existing land would not include any plans for the Old High School, adaptive reuse of the current City Hall site or proposals for Fire Station #1. Mr. Bressner pointed out the scope of the project and square footage of the police facility has been designed. The final design has not been completed and would lend itself to a design build method. 21 - 434 - November 3, 2009 Meeting Minutes Regular City Commission Boynton Beach, FL April 21, 2009 Owen Duke from the Patrinelli Group, wanted to participate in the process. The request is seeking the best ideas and if selected, would the idea be put out to bid or deal directly with the Patrinelli Group for construction. Mayor Taylor replied the City would deal with the developer. Patrinelli Group's core projects were office buildings and completed projects in many states. The Group had been in business for 28 years. Motion Commissioner Ross moved to approve the draft RFP` to be issued for City Hall and Police facility and establish a timeline. Mr. Livergood questioned if not moving City Hall from the core area was intended, it had to be included in the RFP. Mayor Taylor was open to any location within the City. Commissioner Ross recalled a vote had been taken for anywhere in the City. Commissioner Ross continued her motion that due to the budget situation the project needed to be expedited. Mr. Bressner suggested a minimum of 90 days. Vice Mayor Hay seconded the motion with the understanding the five bulleted items are included. Commissioner Ross agreed. Commissioner Rodriguez suggested the language relating to the current City Hall site and plans for Kid's Kingdom, Fire Station #1 and the Old High School be modified in the RFP. There was agreement to clarify the language. Motion Commissioner Rodriguez offered a substitute motion to approve the RFP with the changes in the language at the bottom of page four and include a guaranteed maximum price bid to all, regardless of the size or scope of the project. Commissioner Weiland seconded the motion for discussion. Commissioner Weiland understood that construction prices were low, but could not discuss raising taxes, borrowing money out of the reserves and building a new Police Department and City Hall. He would only support the second option of holding both projects until the economy changed. Mayor Taylor noted staff did not recommend the guaranteed maximum price modification. Discussion ensued on the need for a guaranteed maximum price clause. Mr. Bressner asserted pricing could be verified during negotiations. The substitute motion failed 1 -4. (Mayor Tay /or, Dice Mayor Hay, Commissioners Ross and Wei /and dissenting) 22 - 435 - November 3, 2009 Meeting Minutes Regular City Commission Boynton Beach, FL April 21, 2009 The original motion passed 4 -1. (Commissioner Wei /and dissenting) D. Discussion regarding Energy Efficiency and Conservation Block Grant Ms. LeJeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus funding and a team had been established with staff from the City and CRA to diligently search for funding possibilities. Other funds have already been sought and now the Energy Efficiency and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and improve energy efficiency in the building and transportation sector. The team reviewed the priorities and created a program to submit for award. The program would create a revolving loan fund program to provide energy efficiencies for both private and public buildings. Partnerships with other governmental agencies as well as private organizations could be formed to coordinate and facilitate even greater use of the funding. It could also be structured to be available for low income families and provide assistance applying for other funds. In total, the grant monies would stimulate the economy, create new jobs and increase permit applications. Ms. Le]eune further reported $250,000 would be available to hire a consultant to create the energy efficiency conservation strategy required to meet the funding criteria. Staff recommended the Commission allow the application to be submitted to create the strategy, develop the revolving loan fund program and public facilities energy audit and retrofit. Mayor Taylor established there would be no match in funding required by the City. Administrative costs would be included in a $75,000 allotment. After those funds were exhausted there may be additional administrative costs to keep the program active. Motion Commissioner Ross moved to endorse the submittal of the application through ARRA for the Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The motion passed unanimously. Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam's Club properties. Mr. Rumpf reported the annexation continues to move forward jointly for over 40 acres including the Sam's Club properties and Palm Beach Memorial Park. A resolution would be needed to cover an interlocal agreement with Palm Beach County relating to the State law of annexation requiring compactness. There is a pocket created that could only be accessed through a shared drive with Sam's Club that can only be annexed once it becomes contiguous to the City boundaries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club are part of the annexation agreements and may be amendments to the settlement. X. FUTURE AGENDA ITEMS: A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum (Deferred pending future grant opportunities) 23 - 436 - November 3. 2009 The City of Boynton Beach Procurement Services 100 East Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425- 0310 Telephone: (561) 742 -6320 REQUEST FOR PROPOSALS FROM CONTRACTORS/DEVELOPERS FOR A NEW POLICE AND /OR CITY HALL COMPLEX RFP # 054- 2413- 09 /CJD Sealed responses to this Request for Proposal (RFP) will be received in Procurement Services, City Hall, 100 East Boynton Beach Boulevard, or mailed to P.O. Box 310, Boynton Beach, Florida 33425 -0310 on or by: September 1, 2009, no later than 2:30 P.M. (local time). All responses to this RFP will be received and publicly opened in PROCUREMENT SERVICES (2 floor of City Hall) unless otherwise designated. PROPOSALS received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that your PROPOSAL can be considered. However, the City reserves the right to consider PROPOSALS that have been determined by the City to be received late due to mishandling by the City after receipt of the PROPOSAL as long as no award has been made. A Pre - Submittal Conference is scheduled for Wednesday, June 17, 2009 at 2:00 PM. (local time), to be held on the second floor Conference Room of the Citv's Intracoastal Park Clubhouse, 2240 North Federal Highway (lust south of Gateway Blvd), Boynton Beach, Florida. Attendance is highly recommended. Attendance will be indicated by the attendee's signature on the attendance sheet provided at the Pre - Submittal Conference. QUESTIONS Any purchasing questions relative to any item(s) or portion of this RFP or the PROPOSAL response should be directed to Carol Doppler, CPPB, Purchasing Agent, (561) 742 -6323 or e-mail DopplerC @bbfl.us Any technical questions relative to any item(s) or portion of this RFP should be directed to Jeff Livergood, Director of Public Works and Engineer, (561) 742- 6201 or e-mail LivergoodJ @bbfl.us SCOPE OF SERVICES: The City of Boynton Beach is soliciting PROPOSALS from the private development community to provide space for a new Police Facility and /or City Hall Complex. ATTENTION ALL INTERESTED PROPOSERS: Due to the expense in mailing, complete sets of this RFP are available for pick -up or will be mailed to your office upon request. Contact: City of Boynton Beach Procurement Services 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 (561) 742 -6323 — Carol Doppler - 437 - November 3, 2009 Office Hours: MONDAY— THURSDAY. 7:00 A.M. TO 0:00 P.M REQUEST FOR PROPOSALS FROM CONTRACTORS/ DEVELOPERS FOR - 438 - November 3. 2009 A NEW POLICE AND /OR CITY HALL COMPLEX RFP #000- 2413- 09/CJD TABLE OF CONTENTS Section I — Proposal Submittal Information .................................... .............................. Section II — Background of the City ............................................... .............................. - 439 - November 3, 2009 Boynton Beach History ................ tl BoyntonBeach Today .................................................................... ............................... .............. 6 Our City's Form of Government ................................................................... ..............................6 Section III — City Needs and Proposal Requirements .................... 7 -1 1 Purpose and Overview of the Request for Proposals .................................................. ..............................7 OurMunicipal Boundaries ................................................................................................ ..............................7 FamiliarityWith Laws .................................................................................. .............................16 ProposalGuidelines .............................................................................................................. ..............................7 ProposalForms ....................................................... .................... ........... ..................... ........ SpaceAllocation .................................................................................................................... ..............................7 Executionof Proposal ................................................................................. ............................... RequiredOffice Space .................................................................................. ............................... 8 ParkingNeeds ............................................................................................... ............................... 8 Growth .......................................................................................................... ............................... 9 Existing City Hall / Police Complex .............................................................. ..............................9 Rightsof the City .......................................................................................... ............................. OldHigh School ........................................................................................... .............................10 Standards....................................................................................................... ............................. SustainableConstruction .............................................................................. .............................10 Costsand Financing ...................................................................................... .............................10 CostEstimates ............................................................................................. ............................... 10 Resources or Reports Referenced ..................................... ...................... . ...... .............. -- ......... 1 1 Section IV — Proposal Contents .................................................... .............................12-13 Section V — Evaluation /Selection of Proposals ............................... .............................14 City of Boynton Beach Area Map (Exhibit A) TABLE OF CONTENTS (Continued) General Conditions for Proposers ........... .............................16-20 FamiliarityWith Laws .................................................................................. .............................16 ProposalForms ....................................................... .................... ........... ..................... ........ - .. 16 Executionof Proposal ................................................................................. ............................... 16 NoSubmittal ................................................................................................. .............................16 ProposalOpening ............................................ ............................... . .............. .............................16 Rightto Reject Proposal ............................................................................... .............................17 Rightsof the City .......................................................................................... ............................. Standards....................................................................................................... ............................. -440- November 3. 2009 Information and Descriptive Literature ........................................................ .............................17 Interpretations............................................................................................... ............................. Conflictof Interest ....................................................................................... .............................17 Subcontracting.............................................................................................. ............................. Addenda........................................................................................................ ............................. EscalatorClause ............................................................................................ .............................18 Exceptions..................................................................................................... ............................. Disputes......................................................................................................... ............................. AntitrustCause of Action ............................................................................. .............................18 GovernmentalRestrictions ............................................................................ .............................18 LegalRequirements ...................................................................................... .............................19 PublicEntity Crimes ..................................................................................... .............................19 Advertising.................................................................................................... .............................19 Assignment................................................................................................... .............................19 Liability......................................................................................................... ............................. Purchasing Agreements with Other Government Agencies ......................... .............................19 Awardof Contract ....................................................................................... ............................... 20 Licenseand Permits .................................................................................... ............................... 20 Compliance with Occupational Safety and Health ..................................... ............................... 20 TechnicalQuestions ...................................................................................... .............................20 Special Conditions for Proposers ................... .............................21 Insurance Advisory Form ............................ .............................22 TABLE OF CONTENTS (Continued) Appendix A — Proposal Information Forms . ............................. ( All Respondents are required to return these forms with the submitted Proposal Proposer's Acknowledgement .................................................................... ............................... 23 Addendum(s) ............................................................................................... ............................... 24 Statement of Proposer's Qualifications ...................................................... ..........................25 -26 Anti- Kickback Affidavit ............................................................................. ............................... 27 Non - collusion Affidavit of Prime Proposer ................................................. .............................28 Minority Owned Business Statement ............................................................ .............................29 -441- November 3, 2009 Schedule of Subcontracting /Minority Business Enterprise (MBE /WBE) Participation.......... 3i) Confirmation of Drug -Free Workplace ..... ............................... ................. ; l Statementof No Submittal ..................................................................... ............................... ; Appendix B - Draft Agreement (Subject to Revisions Prior to Signing) .........................CA 1 - CA 5 -442- November 3, 2009 Section I — Proposal Submittal Information A. The City will receive responses to this RFP until September 1, 2009, at 2:30 P.M. (local time) in Procurement Services located on the second floor of City Hall, 100 East Boynton Beach Boulevard, to provide the City with a Contractor/Developer for a new Police and /or City Hall complex. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their PROPOSAL delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air or ground courier service or some other method that creates proof of submittal. RFP responses which arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the PROPOSAL and prior to the award being made. C. PROPOSALS will be publicly opened in Procurement Services after the designated due date, on September 1, 2009, at 2:30 P.M. (local time) All proposers or their representatives are invited to be present. Procurement Services is located on the second floor of City Hall, 100 East Boynton Beach Boulevard. D. If any addendum(s) are issued to this REQUEST FOR PROPOSAL, the City will attempt to notify all prospective proposers who have secured the RFP. However, it shall be the responsibility of each proposer, prior to submitting the RFP response to contact the City Procurement Services at (561) 742 -6323 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their PROPOSAL. E. One (1) original, so marked, and five (5) copies of the PROPOSAL shall be submitted in one sealed package clearly marked on the outside PROPOSAL FOR "A NEW POLICE AND /OR CITY HALL COMPLEX" and addressed to: City of Boynton Beach, Procurement Services, P.O. Box 310, Boynton Beach, FL 33425 -0310. F. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted PROPOSAL. Proposers must note their Federal I.D. number on their PROPOSAL submittal. G. All expenses for making PROPOSALS to the City are to be borne by the proposer. H. A sample draft contract that the City intends to execute with the successful firm is contained in this REQUEST FOR PROPOSAL for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and the contract price will be negotiated following selection of the top firm(s). The scope of services will closely track the scope of work detailed in Section III of this REQUEST FOR PROPOSAL and the submitted PROPOSAL. -443- November 3, 2009 Section II — Background of the City Boynton Beach History The City of Boynton Beach, "The Gateway to the Gulf Stream," is a coastal city located in a rapidly growing area of Palm Beach County. Major Nathan S. Boynton, a native of Michigan who distinguished himself in the Civil War, founded the city. Boynton directed the construction of the Boynton Beach Hotel from 1895 to 1897. He and his workmen, recruited from Michigan, brought their families and settled in the new town of Boynton. With other settlers, the early years of our city were spent building a town, raising vegetables to supply their needs and those of the guests at the Boynton Beach Hotel and shipping pineapples, tomatoes and other crops north on Henry Flagler's new Florida East Coast Railroad. Boynton Beach Today Today, the City attracts a multitude of business and industry and people of all ages and interests. Residents and business owners in Boynton Beach are served by a City government that provides a variety of services. From necessities such as water and sewer, garbage and trash pickup, police and fire protection and code compliance, to amenities such as parks, recreation facilities, golf, tennis, library services, and oceanfront and special events. The City's elected officials and employees are dedicated to making Boynton Beach a great city in which to live, work, play and learn. Boynton Beach is a community of rich history east and west of 1 -95 and has an existing Downtown Master Plan published by the Boynton Beach Community Redevelopment Agency. Exciting growth has also occurred in the last five years west of 1 -95, particularly along the Congress Avenue corridor. The report can be downloaded or viewed at this location: http:// www. boyntonbeachcra. com/ downloads /FINAL_DMP_1- 1 5- 09 .pdf Our City's Form of Government The City of Boynton Beach has a Commission -City Manager form of government. Residents elect the Mayor and City Commissioners, who in turn appoint a City Manager to manage the day -to -day operation of the City and to carry out Commission policy. The City Manager directs the operation of departments that provide City residents with services and programs. For additional information about our City government, please visit our web page at: http: / /www.boynton- beach.org /. -444- November 3. 2009 Section III — City Needs and Proposal Requirements Purpose and Overview of the Request for Proposals The City of Boynton Beach is evaluating a variety of options related to the provision of office space necessary to provide both Police and General Government services to our community of 65,000 people. This Request for Proposals intends to solicit PROPOSALS from the private development community that may satisfy the City's need for space in general. It is the intent of the City to consider any and all PROPOSALS to provide the referenced space. Creativity by proposers is encouraged. PROPOSALS need not contemplate only traditional "stand alone" governmental buildings. Rather, all available means and resources that can provide the necessary office space and supporting elements will be seriously considered. Space for these services can be provided at any location within the Boynton Beach municipal boundaries. Our Municipal Boundaries The City is generally bordered by the Intracoastal Waterway to the east, Hypoluxo Road to the north, Gulfstream Boulevard to the south and Lawrence Road to the West. Any space provided for in the respondent's PROPOSAL must be provided within the City's corporate limits. A City map is attached for reference as Exhibit A. Proposal Guidelines All PROPOSALS submitted shall consider the following minimum requirements. Failure to adequately account for these needs in their entirety shall be cause for rejection of the PROPOSAL. Space Allocation Each PROPOSAL must clearly identify that total physical space requirements can be accommodated for the Police Facility, City Hall, or both in combination. It is understood by the City that space can be accommodated in three primary ways. • First, a traditional stand -alone structure(s) can be built to provide for department needs. These types of structures must comply with all facets of the City's Land Development Regulations including parking. • Secondly, existing vacant, single occupancy, structures can be modified to provide the necessary space, assuming all provisions of the Land Development Regulations are complied with. • Third, existing multi -tenant uses may be possibly adapted to provide for the space as specified herein. Lastly, the City wishes to emphasize that the respondent's PROPOSAL is not limited to the three referenced approaches. It is entirely possible that other types of spaces may be adapted to City use. Therefore, all creative solutions that are in the interest of the community will be considered. The City's Land Development Regulations may be found online at the following web site. http: / /www. amlegal.cominxtlgateway. dll/ Florida/ boynton/ boyntonbeachfloridacodeofordinances ?f=t emplates$fn= default. htm $3.0$vid= amlegal:boyntonbeach fl The City recognizes that not all space is created equal. For example, through an architectural space analysis, the City learned that approximately 81,000 SF of office space is required to support Police functions in a stand -alone building. This space includes all common area lobbies, corridors, mechanical rooms and other support areas. Also, through space analysis, the City learned that approximately 20,000 SF of the 81,000 SF of space was considered common area space, thereby leaving a theoretical 61,000 SF -445- November 3, 2009 of space actually occupied by Police Administrative staff. This space was supplemented by another 5,000 SF of space for Sallie Port and prisoner processing needs. City Hall can be treated in a similar manner. However, the space allocated to common areas is somewhat less. Therefore, it is assumed that general government office space needs comprises approximately 61,000 SF, of which 10,000 SF is considered common area. Required Office Space In a stand -alone building the space needs are summarized as follows: • Police (inclusive of common area and Sallie Port/prisoner processing) 81,000 sq. ft. • General Government - 61,000 sq. ft. In an office building with shared space, the needs are less as it is assumed that common area would be provided: • Police - 61,000 sq. ft plus 5,000 sq. ft. Sallie Portiprisoner processing or 66,000 sq. ft. • General Government — 51,000 sq. ft From the foregoing, it is assumed that, by sharing parking and common areas, certain economies can be achieved by a combined facility. Moreover, PROPOSALS that share common area with a mix of other, non - municipal uses will also be considered. In both scenarios, the proposer shall describe the proposed level of interior and exterior finish. It is assumed that interior furnishings will be provided by the City. Parking Needs It is critical that sufficient parking be accommodated and discussed in the PROPOSAL. As noted, parking provided for a stand -alone structure shall, at minimum, comply with the City's Land Development Regulations. However, the City will consider shared parking approaches for those structures proposed to be modified for City occupancy. The following parking requirements are absolute minimums and failure to accommodate these minimums will be cause for rejection of the PROPOSAL. The City reserves the right to re- evaluate its parking needs at any time. • City Hall/ General Government 175 spaces • Police Functions 100 spaces Because both the police and general governmental services require convenient parking for the public, the parking needs must also provide a strategy on how a minimum of 50 publically accessible spaces will be provided for General Governmental services and 40 publically assessable spaces will be provided for Police functions. Growth All proposers shall include discussion specific to growth in City operations. As our City continues to become more populated, or as our municipal borders expand, it will be necessary to increase staff, particularly for general government services. Whereas the specified space needs for Police functions considers reasonable future growth, the space allocated to general government does not. It is anticipated that space for general government operations could expand to 80,000 SF within the next 20 years. Therefore, the PROPOSAL shall identify how the need for this additional general government operational space will be accommodated in the future. It is preferable that this future space be contiguous to any space provided and/or constructed in the initial term. Growth in parking demand shall be considered as well. Therefore, the proposer shall identify how many parking spaces will be available for the referenced future growth of general government operations. Although growth in Police operations will not necessarily demand more office space, the addition of new Police officers in the future will require additional parking for staff vehicles (as many as 75). An -446- November 3. 2009 additional 50 parking spaces could be required for City Hall growth. Proposer shall describe any space that may be available for other support vehicles such as boats, trailers, etc. Existing City Hall / Police Complex Space for Police and general government functions is currently provided at the municipal complex at 100 East Boynton Beach Boulevard. Proposers may consider maintaining the required spaces on the existing municipal campus in the area generally bounded by Boynton Beach Boulevard, Seacrest Boulevard, SE 2 " Avenue and NE 1 st Street. The City will consider abandonment of rights of way. If proposers consider maintaining City services at the existing campus, the PROPOSAL must specifically identify the contemplated status /future of the following: • Fire Station #1, • Kids Kingdom, • Children's Schoolhouse Museum, and • The abandoned Old High School. Should proposers consider relocation of City services from the existing complex, the City will have excess property that can either be sold or redeveloped. Therefore, the City will entertain PROPOSALS that contemplate either awofferto purchase the existing City properties or redevelopment of the same. The Children's Museum and necessary parking must remain under the auspices of the City. However, the City will entertain alternative uses or sale of the old high school property. The Old High School is discussed in the next section below. An aerial photo of the City Hall/Police /Old High School /Library area is attached as an exhibit. The City also owns approximately 4.5 acres of vacant land at the southeast corner of Gateway Boulevard and High Ridge Road adjacent to the City's new Fire Station #5. This site was originally considered for a new Police Facility. However, the site is such that the City will consider innovative design PROPOSALS that effectively combine both a Police and General Government facility at this location. Old High School The City Commission has indicated that the City will favorably consider a PROPOSAL for reuse of the existing City Hall /Police Complex that either provides funding or executes a refurbishment strategy for the Old High School property located west of the Children's Schoolhouse Museum at the NE corner of Ocean Ave. and Seacrest Blvd. Sustainable Construction The City of Boynton Beach is committed to providing the construction of energy - efficient and sustainable buildings. The City's leadership in promoting these standards is vital to demonstrate the City's commitment to energy conservation, saving taxpayers money and raising public awareness of energy rating systems. Any PROPOSAL involving new construction, major renovations to existing buildings, or tenant improvements to existing buildings shall, through design and construction, meet the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high - performance green building rating system as approved by the Florida Department of Management Services. Costs and Financing As discussed herein, the City is desirous of identifying the many ways that space can be provided for both Police and General Government operation. Once again, creativity by the proposer is encouraged. However, equally as important to the physical space is the cost of that space to the taxpayer. The City recognizes that space can be purchased, leased, rented and numerous lease to own options are -447- November 3, 2009 available. To that end, the City requires the proposer to identify recommended financing options for the space proposed. The PROPOSAL shall clearly identify costs for: A. Police Facilitv. and/or B. General Government Facility, and/or C. Combined Police and General Government Facility Cost Estimates PROPOSALS shall clearly define preliminary cost estimates for proposed services. Cost estimates shall include all costs to the City, including but not limited to, property acquisition or lease cost, design, construction, estimated common area maintenance expense, and any other expenses to the City. PROPOSALS shall include payment for any proposed purchase of the existing City properties such as the existing City Hall site, Quantum site next to Fire Station #5, or costs for the re -use of the old high school if so proposed. Resources or Reports Referenced City of Boynton Beach Web Page — Resources include public documents and planning reports: http: / /www.boynton- beach .org /government /departments/ public _affairs /publications /index.htmi Boynton Beach CRA Web Page — Resources include public documents and planning reports: http: / /www.boyntonbeachcra.com /plans.php Boynton Beach Downtown Redevelopment Plan: http: / /www.boyntonbeachcra.com/ downloads /FINAL— DMP_1- 15- 09.pdf City of Boynton Beach, Land Development Regulations: http:// www .amlegal.com /nxt/gateway.dii/ Florida / boynton/ boyntonbeachfloridacodeofordinances ?f= templa tes$ fn= default.htm$3.0$vid= amlegal: boyntonbeach_fl -448- November 3.2009 Section Proposal Contents iv The RFP response should be designed to portray to the City how the firm's range of services and approach can best assist with a new Police and/or City Hall complex. The PROPOSAL should include certain information in order to enable City staff to fairly evaluate all firms. Therefore, each PROPOSAL shall include, at a minimum, the following: • Cover Page Clearly state the PROPOSAL title and your firm name. • Table of Contents All pages should be clearly and consecutively numbered and correspond to the table of contents. • Executive Summary Include a brief summary of three to five (3 -5) pages describing - o The Respondent's ability to perform all or part of the work requested in this RFP. o A history of the Respondent's background and experience providing services. c The qualifications of the Respondent's personnel to be assigned to this project, subcontractors, sub Contractor /Developers, and/or suppliers and a brief history of their background and experience, and any other information called for by this RFP which the Respondent deems relevant, including restating any exceptions to this RFP. This summary should be brief and concise to apprise the reader of the basic services offered, experience and qualifications of the Respondent and their subcontractors, sub Contractor/Developers, and/or suppliers. • Documentation Respondents shall provide documentation that demonstrates their ability to satisfy any or all of the required information contained herein to include background information on the proposing firm and service provider. Respondents who do not satisfy any of the RFP requirements or who fail to provide supporting documentation and /or affidavits as specified herein may be deemed non - responsive. If a -449- November 3, 2009 prescribed format or required documentation for the response to information requirements is listed below, Respondents should use said format and supply said documentation to be considered responsive. • Proposed Approach and Services This section of the PROPOSAL should - o Describe the Respondent's approach, benefits of the proposed approach, breadth of services. and the responsibilities of management and personnel who will perform work for the Cin'. o Describe methods employed to ensure quality service, customer satisfaction, prompt complaint resolution, effective employee performance and training, safety. and timely initiation and completion of all work. o Provide a list of additional services that will be provided if selected by the City that has not been stated in this RFP. • References Respondents must provide a list of at least three (3) references within the last five (5) years of either current or former clients for which your firm provided similar work included in this RFP. Provide contact names, phone numbers along with project names and a brief description and size of each project. • Qualifications Respondents must include an organization chart and estimate the amount of involvement, expressed as a percentage of time, of each key staff member providing services to the City under the PROPOSAL. For all key personnel, provide the qualifications (particularly of the lead on -site person) who will serve the City. Provide resumes to include academic training and employment in the applicable fields. • Lawsuits Respondents must provide a list of all lawsuits in which the firm has been named as a party in the past four (4) years along with the status of the lawsuit. The following items are included with this RFP in Appendix A. They all require completion and submission with any PROPOSAL responding to this RFP in order to have a valid submittal. 1. Proposer's Acknowledgement 2. Addendum(s) 3. Statement of Proposer's Qualifications 4. Anti - Kickback Affidavit 5. Non - collusion Affidavit of Prime Proposer 6. Minority Owned Business Statement 7. Confirmation of a Drug Free Workplace 8. Statement of No Submittal (if applicable) Each entity, by submission of a PROPOSAL, acknowledges that in the event of any legal action challenging the award of the project, damages, if any. shall be limited to the actual cost of the preparation of the PROPOSAL. Each respondent is deemed to have knowledge of all applicable federal. state and local laws, rules, ordinances and regulations of all authorities having jurisdiction over all aspects of the project. -450- November 3. 2009 Section V - Evaluation /Selection of Proposals The City expects to receive a wide variety of PROPOSALS that will accommodate our need for support spaces required to administer Police and General Government services. No two PROPOSALS will be the same. Furthermore, some PROPOSALS may not address all elements of the RFP while others may contemplate either the sale or re -use of the remaining City property and buildings (existing City Hall complex, Quantum property, or old high school). Staff reviews will be conducted pursuant to the provisions of the Florida Sunshine Law. The City will provide an evaluation panel that will review all PROPOSALS and possibly interview eligible and top ranking proposers. City staff will then select and recommend the top three (3) PROPOSALS that are the most creative, and cost effectively address those space needs referenced herein. After ranking is completed, the recommended finalists will be presented to the City Commission in a public forum who may, at their option, request formal presentations prior to the final selection of a contractor /developer for this project. The City Commission may choose to further negotiate any PROPOSAL it deems to be in the best interest of the public. The City will negotiate elements of an Agreement substantially based on the attached Agreement found in Appendix B and the final scope of services to be developed from this RFP and the firm's response. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an Agreement, the final contract will be formalized by the City Attorney and submitted to the City Commission for their final consideration and approval. -451- November 3, 2009 ■ *i 51 - -' : . 7 " - •' it a Ar -- f- -ICI .,W IFI -T GENERAL CONDITIONS FOR PROPOSERS FAMILIARITY WITH LAWS: The Proposer is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the proposer will in no way relieve them from responsibility. PROPOSAL FORMS: The Proposer will submit a PROPOSAL on the forms provided. All descriptive information must be legibly entered. The Proposer is required to be licensed to do business as an individual, partnership or corporation in the State of Florida. All PROPOSAL forms must be executed and submitted in the envelope (generally "yellow ") provided by the City for easy identification. The PROPOSAL submittal envelope is provided in each PROPOSAL package and is attached to the "Statement of No Submittal" form. The face of the envelope shall contain the company's name and address, PROPOSAL title, RFP number, PROPOSAL date and time. When the PROPOSAL submitted is larger than the envelope provided, insert requested information and material into a large envelope and affix the PROPOSAL envelope to the outside and fill in all requested information. PROPOSAL's not submitted with PROPOSAL forms may be rejected. All PROPOSAL's are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. EXECUTION OF PROPOSAL: PROPOSAL must contain a manual signature of an authorized representative in the space provided on all affidavits and PROPOSAL sheets. NO SUBMITTAL: If not submitting a PROPOSAL, respond by returning one copy of the "STATEMENT OF NO SUBMITTAL" in the envelope provided (generally "yellow "), and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, proposer must submit a "NO SUBMITTAL" and it must be received no later than the stated RFP receiving date and hour. PROPOSAL OPENING: Shall be public, on the date as specified on the RFP form. It is the proposer's responsibility to assure that the PROPOSAL is delivered at the proper time and place prior to the PROPOSAL opening. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a PROPOSAL can be considered. PROPOSAL's which for any reason are not so delivered, will not be considered. The City reserves the right to consider PROPOSAL's that have been determined by the City to be received late due to mishandling by the City after receipt of the PROPOSAL and no award has been made. Offers by telegram or telephone are not acceptable. - 453 - November 3, 2009 RIGHT TO REJECT PROPOSAL: Right is reserved to reject any or all PROPOSAL's and to waive technical errors, or to accept any PROPOSAL's that are in part deemed as the best responsible proposer which represents the most advantageous PROPOSAL to the City. In determining the "most advantageous PROPOSAL ", price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a proposer's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the best responsible proposer meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any PROPOSAL or qualifying procedure: C. Reject or cancel any or all PROPOSALS; D. Reissue REQUEST FOR PROPOSAL Invitation. E. Extend the PROPOSAL opening time and date; F. Consider and accept an alternate PROPOSAL as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective proposer has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performances; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach: E. Supplied all necessary information in connection with the inquire concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the PROPOSAL form. Further, as may be specified elsewhere, each proposer must submit for PROPOSAL evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous PROPOSAL or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the PROPOSAL opening. Inquiries must reference the date by which the PROPOSAL is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. SUBCONTRACTING: If a proposer subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors ". The City of Boynton Beach reserves the right to accept or reject any or all PROPOSAL's wherein a subcontractor is named and to make the award to the proposer, who, in the opinion of the City, will be in the best interest of and /or most advantageous to the City. The City also reserves the right to reject the PROPOSAL of any proposer if the PROPOSAL names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. -454- November 3. 2009 ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to proposers at the Office of Procurement Services, it is each proposer's responsibility to check with the issuing office and immediately secure all addenda before submitting PROPOSALS. It is the usual practice for the City to mail an addendum to known proposers, but it cannot be guaranteed that all proposers will receive ALL addendum(s) in this manner. Each proposer shall acknowledge receipt of ALL addenda by notation on the PROPOSAL. ESCALATOR CLAUSE: Any PROPOSAL which is submitted subject to an escalator clause will be rejected. EXCEPTIONS: Incorporation in a PROPOSAL of exceptions to any portion(s), of the Contract documents may invalidate the PROPOSAL. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the PROPOSAL on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the PROPOSAL. The use of proposer's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION In submitting a PROPOSAL to the City of Boynton Beach, the respondent offers and agrees that if the PROPOSAL is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the respondent. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on the PROPOSAL prior to their delivery, it shall be the responsibility of the successful proposer to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the proposer will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES - All REQUEST FOR PROPOSAL Invitations as defined by Section 287.012(11), Florida Statutes, Requests for Qualifications as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a PROPOSAL on a contract or provide any goods or services to a public entity, may not submit a PROPOSAL on a contract with a public entity for the construction or repair of a public building or public work, may not submit PROPOSAL's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor /Developer under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list ". ADVERTISING: In submitting a PROPOSAL, the proposer agrees not to use the results there from as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS ". ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. -455- November 3, 2009 LIABILITY: The suppliers hold and save the City of Boynton Beach, Florida its officers, agents, volunteers and employees harmless from liability of any kind in the performance of this Contract. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: This RFP may be expanded to include other governmental agencies. In some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All proposers submitting a response to this REQUEST FOR PROPOSAL Invitation agree that such response also constitutes a response to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, under the same conditions, for the same price(s) and the same effective period as this RFP. This agreement in no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, to re- qualify any or all items. It is hereby made a part of this REQUEST FOR PROPOSAL Invitation that the submission of any PROPOSAL in response to this advertised request constitutes a PROPOSAL made under the same conditions, for the same Contract price, and for the same effective period as this PROPOSAL, to the PALM BEACH COUNTY SCHOOL BOARD. -456- November 3. 2009 AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible proposer whose PROPOSAL represents the most advantageous PROPOSAL to the City, Evaluation of PROPOSAL's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all PROPOSAL's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any proposer, damages, if any, resulting from an improper award shall be limited to actual PROPOSAL preparation costs incurred by the challenging proposer. In no case will the award be made until all necessary investigations have been made into the responsibility of the proposer and the City is satisfied that the best responsible proposer is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. LICENSE AND PERMITS: It shall be the responsibility of the successful proposer to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. City Permit Fees relating to City projects are waived. Licenses and permits shall be readily available for review by the Deputy Director of Financial Services and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Proposer certifies that all material, equipment, etc., contained in the submitted PROPOSAL meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the successful proposer, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. QUESTIONS: Any questions relative to any item(s) or portion of this RFP or Request for Proposal Invitation should be directed to: Jeffrey Livergood, Public Works Director, Monday through Thursday 7:00 A.M. to 6:00 P.M. at 561- 742 -6201 or e -mail livergoodj @bbfl.us -457- November 3, 2009 SPECIAL CONDITIONS FOR � U aw"I 0 ]:1 6Ri =1 1. It will be the responsibility of the successful proposer to supply necessary labor for placement of all equipment /services as specified. 2. Award is anticipated on an all -or -none basis; however, where applicable, item by item offers will be considered and the best combination will determine the award. I The City by written notice may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. If the Contract(s) are so terminated the City /provider(s) shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 4. It shall be the responsibility of the successful proposer to maintain workers' compensation insurance.. property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide.. latest edition. 5. The City of Boynton Beach reserves the right, before awarding the Contract to require a proposer to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a proposer, including past performance (experience) with the City in making the award in the best interest of the City. 6. The successful proposer shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful proposer or his agent. INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B +" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City. -458- November 3. 2009 TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1.000,000.00 Commercial General Liability Products- Comp /Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1.000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost O ther - As Risk Identified to be determined (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) INSU RAN CEADVISORYFORM04 Appendix A — Proposal Information Forms PROPOSER'S ACKNOWLEDGEMENT Submit To: PROCUREMENT SERVICES 100 East Boynton Beach Boulevard -459- November 3, 2009 P.O. Boa 310 Boynton Beach, Florida 33425 -0310 Telephone: (561) 742 -6323 Broadcast Date: May 28, 2009 RFP Title: A NEW POLICE AND /OR CITY HALL COMPLEX RFP Number: 054- 2413- 09 /CJD PROPOSAL Received By: September 1, 2009, no later than 2:30 P.M. (local time) PROPOSALS will be opened in Procurement Services unless specified otherwise. PROPOSAL receiving date and time is scheduled for: September 1. 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 RFP shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of. Area Code: Area Code: Mailing Address: City /State /Zip: Vendor Mailing Date: Telephone Number: FAX Number: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Appendix A — Proposal Information Forms ADDENDUM(S) -460- November 3. 2009 RFP TITLE: PROPOSER: DATE SUBMITTED: We propose and agree, if this submittal 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 the City and (if applicable): (Name of Project Manager /Architect/Contractor /Developer) And having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE -461- November 3, 2009 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE -462- November 3. 2009 Appendix A — Proposal Information Forms STATEMENT OF PROPOSER'S QUALIFICATIONS Each proposer proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each PROPOSAL document. Failure to comply with this instruction may be regarded as justification for rejecting the PROPOSAL response. " attach additional sheets giving the information Name of Proposer: 2. Business Address: When Organized: 4. Where Incorporated: 5. How many years have you been engaged in business under the present firm name? 6. General character of work performed by your company. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 9. Background and experience of principal members of your personnel, including officers. * 10. Bonding capacity. 11. Have you ever defaulted on a contract? If so, where and why ?* THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Appendix A — Proposal Information Forms STATEMENT OF PROPOSER'S QUALIFICATIONS (Continued) - 463 - November 3, 2009 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) 2) 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) 2) 3) Dated at: This By: (Written signature) Name: (Printed or typed) Title: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Appendix A — Proposal Information Forms arose from performance: * occurred within the last 4 years: provide case number and style: * day of 20 -464- November 3, 2009 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 submitted 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. C NAME — SIGNATURE Sworn and subscribed before me this day of 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE -465- November 3, 2009 Appendix A — Proposal Information Forms State of County of NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER being first duly sworn, deposes and says that: 1) S /He is of (Title) (Name of Corporation or Firm) has submitted the attached PROPOSAL: , the proposer that 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal, 3) Said PROPOSAL is genuine and is not a collusive or sham PROPOSAL:. 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant. has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, firm or person to submit a collusive or sham PROPOSAL in connection with the Contract for which the attached PROPOSAL 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 proposer, firm or person to fix the price or prices in the attached PROPOSAL or of any other proposer, or to fix any overhead, profit or cost element of the PROPOSAL price or the PROPOSAL price of any other proposer, or to secure through any collusion. conspiracy. connivance or unlawful agreement any advantage against the (Local Public Agencv) 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 t. including this affiant. (Signed) On part of the proposer or any of its agents, owners, representatives, employees, or parties in interest (Title) Subscribed and sworn to before me This day of .20 My commission expires THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Appendix A — Proposal Information Forms -466- November 3. 2009 MINORITY OWNED BUSINESS STATEMENT This is 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 PROPOSAL making it an official part of your RFP response. Is your company a Minority Owned Business? Yes No If yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (Specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Appendix A — Proposal Information Forms SCHEDULE OF SUBCONTRACTING/ MINORITY BUSINESS ENTERPRISE (MBE /WBE) PARTICIPATION PROPOSERS ARE TO SUBMIT A LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. -467- November 3, 2009 RFP TITLE: "A NEW POLICE /CITY HALL COMPLEX" MAIN CONTRACTOR NAME: RFP 4: 054- 2413- 09 /CJD *MINORITY TYPES: (1) BLACK; (2) HISPANIC; (3) WOMEN; (4) OTHER (specify) NAME /ADDRESS/ PHONE OF SUBCONTRACTOR TYPE OF WORK TO BE PERFORMED MINORITY STATUS TYPE CERI EL Yes No *(see key below) Yes -4 i � i I ! � i I I i I ! i I I I I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Appendix A — Proposal Information Forms CONFIRMATION OF DRUG- FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug -free workplace programs. Whenever two or more submittals 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 submittal 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 submittals 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. -468- November 3. 2009 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 submittal 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 submittal, 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 of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE -469- November 3, 2009 Appendix A — Proposal Information Forms STATEMENT OF NO SUBMITTAL If you are not submitting a PROPOSAL for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 East Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425 -0310. Failure to respond may result in deletion of vendor's name from the qualified vendor's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFP #054 - 2413- 09 /CJD for " NEW POLICE /CITY HALL COMPLEX" for because of the following reasons: Specifications too "tight', i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR THE RESPONSE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Appendix B -470- November 1. 1-009 CONTRACTOR/ DEVELOPER AGREEMENT FOR °A NEW POLICE /CITY HALL COMPLEX "'DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and , hereinafter referred to as "the Contractor /Developer ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor/Developer is retained by the City to perform CONTRACTOR/DEVELOPMENT services in connection with the project designated. 2. SCOPE OF SERVICES. Contractor/Developer agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Contractor /Developer to proceed. Contractor/Developer shall perform all services and provide all work product required pursuant to this agreement by calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. TERM: This Agreement shall be for a period of years commencing on the date the Agreement is executed by the City. 5. PAYMENT. The Contractor/Developer shall be paid by the Provider /City for completed work and for services rendered under this agreement as follows: a. The total contract price, as referred to herein, shall be the total amount of payment to Contractor /Developer for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Contractor/Developer shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Contractor /Developer shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Contractor/Developer may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Contractor /Developer in the amount approved. d. Final payment of any balance due the Contractor/Developer of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. -471- November 3, 2009 f. The Contractor /Developer's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) -,cars after the termination of the Agreement. Copies shall be made available upon request 6. OWNERSHIP AND USE OF DOCUMENTS. All documents. drawings. specifications and other materials produced by the Contractor /Developer in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Contractor /Developer shall be permitted to retain copies, including reproducible copies. of drawings and specifications for information, reference and use in connection with Contractor /Developer's endeavors. 7. COMPLIANCE WITH LAWS. Contractor /Developer shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws. ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Contractor /Developer shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability. or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor /Developer's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor /Developer. 9. INSURANCE. The Contractor /Developer shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000.000 per occurrence and $1.000,000 aggregate for personal injury: and $1.000,000 per occurrence /aggregate for property damage.. and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Contractor /Developer and the City agree that the Contractor /Developer is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor/Developer nor any employee of Contractor /Developer shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor /Developer, or any employee of Contractor /Developer. 11. COVENANT AGAINST CONTINGENT FEES. The Contractor /Developer warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor /Developer, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor /Developer. any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or. in its discretion to deduct from the contract price or consideration. or otherwise recover. the full amount of such fee, commission. percentage. brokerage fee. gift, or contingent fee. -472- November 3. 2009 12. DISCRIMINATION PROHIBITED. The Contractor/Developer, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Contractor /Developer shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Contractor /Developer. b. In the event of the death of a member, partner or officer of the Contractor/Developer, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor /Developer hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Contractor/Developer and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. - 473 - November 3, 2009 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 Notices to Contractor/Developer shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor /Developer and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Contractor /Developer. DATED this day of 20 CITY OF BOYNTON BEACH City Manager Contractor/Developer Attest/Authenticated: Title ( Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary -474- November 3. 2009 CONTRACTOR/ DEVELOPER SCOPE OF SERVICES FOR - A NEW POLICE /CITY HALL COMPLEX" EXHIBIT "A" Scope of Services -475- November 3, 2009 RFP - Bid Number & Title CITY OF BOYNTON BEACH Proposal - Bid Selection Committee Ranking Form A NEW POLICE AND' SCORING GUIDELINES #054- 2413 -09 -CJ D PRINTED N/ considering your scoring of each evaluation criteria, attempt to spread your points in order to avoid tie points in total. ou may wish to make notes regarding your evaluation to submit as part of your scoring of points and the ranking process. on your total scored points, rank the proposers with the highest score as #1, the second highest as #2, etc. SIGNATUI PROPOSERS - NAME OF FIRM (ALPHABETICAL) Patrinely Group / Washington Real Estate Partners , JMWA Architects /Miller Construction Renaissance Commons Sembler/ Pope & Lanc O'Brien Herr Architect EVALUATION CRITERIA Maximum Points Scored Points Scored Points Scored 1 ' Respondent's ability and experience to perform work/services requested in the RFP 10 j 2 Qualifications of the Firm(s) and key personnel assigned to this contract 10 Responsiveness to primary scope of the RFP 3 Police Building - meet current needs (space & parking) to include providing for growth 20 4 City Hall - meet current needs (space & parking) to include providing for growth 15 Responsiveness to other alternatives in the RFP 5. Old High School 5 6. Use of/ payment for existing property (High Ridge & Gateway, current City Hall site 10 Other criteria 7. At least 3 references in last 5 years 5 8. List of lawsuits in last 4 years along with status 5 9. Full cost of services - possible financing options 15 10 Satisfaction of the RFP requirements to include supporting documentation and affidavits 5 TOTAL SCORED POINTS 100 RANK -476- E:\auto\Data\37\ltems\37\503\287\Ex November 3. ` 009 Patrinely Group R.F.P. Assessment wr iZEN( 1 . 114 ■ r ywrsildndopril nt.'•.puricnc , (p. 1). ■ :fin "unhlcntished 26 -ycar t111ra: r L: rrd "i p, 21. ■ , Necrr sussed a corpora lc 1acilit,- dclieen ate. ltltnXn a ur comproini4cd a kr:ai" (p. 2)- ■ LF -FD accredited a rc•hit.xt Ip. ■ Pro-:ions c%perience in dah enng ovcrnment buildings (p. 21. ■ One lawy in the past ['Our Car? (uttled Worably liar delcndanw (p. at NVEAKNESSES • Plan seems more oriented to a Cit Hall project: tvl ich seems to miss the mark of the project'sPrimar-1 mandate ip. 12;i. • I1 gh h idgu and Wor does not appear to be an advantageous location Aw a me city shop and h c " dill that CIP find As way into This RhP? What are the cost_" • Plan calls for thc: Iiuildingr of yet motto Fite stMAV low slam CIl' am we considering? 1. 12) What are the costs? • City Hall - .Polic.e Building Complex. use of space proposal. while eas:ilY remedied. is disjointed and not reflectiv c of our needs or an understanding as to PD design (pp. 2Y26), • A commemorative connnuterrail depot:' • No I'D plan for "The Big !1 -love" proposal • T0D cmphasis - is there irajr an expectation that citizens,ritl visit city hall ,pia warzr- vessel or FEC; rail? OPPORTUN'THES • Espouse an cxperiencc and "buying power " a2 , + oil as Benchmarks which will. "allo,v for the nrst a _tressit c and accurate pricing and scheduling" (1) 21 • "Big Move" scheme leverages use of the. Old Boynton Beach High School as an opportunity to create a d ofirod focal, poll: of cultural and civic activAls fp: 1'4Y • A great deal of frill 1parls, consmemoratiNe park:. picnic and Breen spaces—eta -477- November 3, 2009 r,. M STRENGTHS Renaissance Commons R.F.P. Assessment ■ Suf icwnt parkin, allocation ��ith cxclusn e use of dcsLnated spot. ? p. 21. ■ 1 S2_500 sq ft of useable existing space tp. 1. ■ (,(.S �c ;t a� ailable for the polic.� departnutlt ■ 1'roposd is not dc>: -ndcrt ttpon a Conglomesatiou of interdepeildcril organizations. ■ "Buiii -nut is eslinualed to take appro\ C monfhs" tp. i0) ■ No risk for cost ov runsc l� the- buildini: is already constructed (p. 1(li. ■ Building can accommodate a radio antenna system (p 12) ■ Close ploximitey to densely populates'? Ilea LVilllln the lily' ■ An S:ur%cillance sYslenl including; "over 100 cameras" (p. 13 i ■ Clo Le proNirnit.v io ;I nr:n,. Lmnsil bu 8I11 Jr, ; , �� il'nin a stile (II 11 i -rail t) - ■ :iirz 1p, i3). o ,.r the past t0 U, ?,p. ■ A truly modified booking entrance and processing facility - it can be done: however. it will not be as optimal as if the building were constructed with this function in mind. ■,Panting lot situation rer{uires emcreenc,, vehicles to traverse from the tipper levels of commercial parking lot and throuJra parking lot respond to carious in progress calls t hile at the I IQ facility. I OP G NITIE_ ■ "Ability to Purchase or Iease up to an additional 55,3000 s T1 of future cxpansior space for the }'D as needed and in tine 'n.anlc buildinti" td�.:,j. ■ tc ra_ i• ac a%aiial?lc t,, ?Lc City ai (�,: >��? �t �1C1.1 .la t�s;at 11 ,Ylitl i7 lGC :J CCl nll?�trtkv �:B lCCril;3t!A�,; t('. _ . ■ 5;°te.r7kl `. iiCy]nL 11 ?la P. ('IRS i�1t11i�115 i�2 iitciu�lt icasc. purcbgsc � tlt art option to nt; chatti. ■ ]��Ltit �(1_a � a lc.,;C e ?sus E; .u!nrl ?� :i in t_..A, rn? r) -478- November 3, 2009 Sembler Developer R.F.P. Assessment STRENGTHS ■ Oecl 1 projects succe:;sAulk completed titer iu, 4 -year history tp- I ■ Projlon- 'd include-s' -;pccific plans clo l ' aliolod Will - I the 11CCOS L hy the OV, ■ A % ai labil it,% of I 6,00D s[ 11 adapi i c 11-o k,;: of cxlstim- spare (P. 2). ■ F\Pcrienct.. in design and Production ol nr,ernmcntal and Lm CIIR)rcclnent il I tall I ■ F\pericnue tixkirking in Fo Beach nab I). ■ Optii. iiicltjd�-, I+ FD ccrtil ratiw, ■ Tll- lo -id antap , cation is. oous a, this is a hi ON\ populated and I.IrLel% Coninicrcia MiXOd LISC area, ■ sllffilciL-Ilt splc• proposed for both POliCC and 1111.1fliCill,11 operations ip- m Company Ittis v,7% cr defaulted on a contract (Allp"'ridix - p. -1). ■ Pal aal detached from police facilim is impractical tp. tab 2), ■ Hi gh density parking lot may prov Challcm in terms of enleraenev deplovnicnt ofpersonrcl CTom tit- station, OPPORTU ■ T wo options for financing a Ainc,irl • Non-inaditional siorefront orientaiii)n to ejl c[ISI0I`!le] SCI'Vice and cas", of interaction with 'LlIet of the public - nice! f.p. 5 ). ■ Leasing option reduces the liability o having to maintain a phvsical struclure: however a thorn' option, a lease with an option to buy should be consiJeTod ■ 24-month turnaround finic for ntw construction (p, 10) (A) thore maintenance co sir, I - with i to ■ Additional piun jSlons for CNIlansion in 1 Solid) and ro!dl (p. I 11. - 479 - November 3, 2009 Urban Building Systems CH2M Hill R F.P. -kssessnient STREN(aus WE',\ K N E S S E S ■ Currznt ■ "l-niployee oNvned. minority bmsin ss tl v ent erpri sc" i,p. 4 parking lot Icl RIduk: Rd iy, i -i capabilities 111C)LOIlla: planlic.'s ecollonlists" ■ Primary ornphasis ancrilion to dctails. pro goals ... cherl , schedu and budget" G.p. 4). ■ Previous, AvorkinL relationship ,vilji L Oxill in the design and construction o: W111W 01V facilili and conczp[LIA work oil the police cicpartnienl kicsign III, ■ 11 rb a n I I; I S L X P L-r I c F1 c ed u ro %N I I I over I 4-years (p. 6). ■ Cl 1- h ill cxpresscs sti Icaill building tP. 0). ■ Com Urban and C 1 12M I ia 11WICII Of GO'l COrISULIC6011 PrO * ieCll' t towling an cxccsi of S I OOM 1. ■ Plan 11ses cdume City properr\ I a. 1 ) . ')kf I ■ Space proposals consistent with OIN noeds ■ D iiworpovat aNlily to prcscr c 1-1XISIMma . high-dollar cqtiipn)L:nt iti I (P. ■ `secured 11mking for polio: \ :hldc, 11) _M), ■ Impound lot for 2 0 vchiclt:s (p. ■ (VtIon (PL) &, Clty I Izill Inclitdos, an opportunity to share coninioll Space alid reduce fx, crall Sq. ft, I �1 , uirL:j­licw, 1 1). 1 4). ■ USOBC & building ■ Proposal actually ackno% "(' firm slillply C:1111101 CompLIC vcllh 1110 financial rales ciun. a-Ilikiblo T the 40). ■ S- )d pr for I'D price for PD and Cii I kill 0 1 0 1 ZT1 I N IT I E S ■ IFICILIS1011 Of ILI f I-yea r aoi ■ l c) havc la "unified carer."." 0 III kill lcipl E :1 November 3. 2009 12. A LEGAL November 3, 2009 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 3, 2009 NATURE OF AGENDA ITEM ❑ I ANNOUNCEMENTS /PRESENTATIONS ❑ CITY MANAGERS REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ CODE COMPLIANCE & LEGAL SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 09 -043 — 2ND READING — Adopt Ordinance authorizing the use of Development Agreements. EXPLANATION OF REQUEST: The Florida Local Government Development Agreement Act (ss. 163.3220- 163.3243) authorizes cities to establish procedures and requirements for the consideration of entering into a Development Agreement provided it does so by the enactment of an Ordinance. The attached Ordinance establishes procedures consistent with the statutory requirements of a Development Agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The State Legislature as a basis for creating the Florida Local Government Development Agreement Act found that the lack of certainty and the approval of development can result in a waste of economic and land resources, discourage sound capital improvement and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. To address those concerns the legislature allows municipalities to enter into development agreements to provide assurances to developers that the developer can proceed in accordance with existing laws and policies. Recently, the developer of Gulfstream Gardens proposed that the City enter into a Development Agreement to facilitate the development of its property. Absent the enacting Ordinance addressed herein no such agreement can be entered into by the City. City Staff supports the concept of development under the umbrella of a Development Agreement. FISCAL IMPACT: The enactment of the Ordinance has no fiscal impact. Subsequent Agreements entered into may have fiscal impact and that impact would be addressed on a development by development basis within the body of the Development Agreement. -481- November 3, 2009 ALTERNATIVES: Do not authorize the use of Development Agreements as a means of managing development activity. Continue the current land development process. -482- November 3, 2009 ORDINANCE NO. 09 -043 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS (PART III) OF THE CODE OF ORDINANCES TO ADD ARTICLE XII "DEVELOPMENT AGREEMENT "; ESTABLISHING PROCEDURES AND REQUIREMENTS TO CONSIDER ENTERING INTO DEVELOPMENT AGREEMENTS; PROVIDING MINIMUM REQUIREMENTS FOR ALL DEVELOPMENT AGREEMENTS; PROVIDING FOR NOTICE AND PUBLIC HEARING AS CONDITIONS PRECEDENT FOR THE APPROVAL OF DEVELOPMENT AGREEMENTS; PROVIDING FOR CONFLICTS SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Florida Statute §163.3223 provides that any local government may, by Ordinance, establish procedures and requirements, as provided in §163.3220-163.3124- Florida Statutes, to consider and enter into a development agreement with any person having a legal or equitable interest located within the jurisdiction of the local government; and WHEREAS, the City Commission concurs with the legislative intent of the Florida Local Government Development Agreement Act that the lack of certainty and the approval of development could result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, the City Commission finds that it is in the best interest of the City's citizens and property owners to authorize the use of development agreements to facilitate and advance the City's economic stability; and WHEREAS, the City Commission finds that clear and unequivocal rules for processing land development agreements, notifying the public of the pendency of the City Commission's review and approval of development agreements, is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing WHEREAS clauses are true and correct and are now ratified and confirmed by the City Commission. - 483 - November 3, 2009 Section 2. The Citv Code of Ordinances is hereby amended to provide :1 nets . mic e I',' titled "Development Agreements" to Part III. Land Development Regulation of the Code of Ordinances. as follows: Article XII — Development Agreements Sec 1 The City Commission of The City of Boynton Beach is authorized to enter into Development Agreements with any person having a legal or equitable interest in real property located within the jurisdictional boundaries of the City of Boynton Beach. Sec 2 Before entering into, amending, or revoking a Development Agreement, the City Commission shall conduct two (2) public hearings. The public hearing shall be conducted in a matter consistent with the City's rules or procedures for conducting quasi judicial hearings. All representation made by the developer, it's agents or representatives shall be deemed material representations made to induce the City Commission to approve the agreement. A subsequent determination that a representation was false or misleading shall render an approved agreement voidable by the City Commission. Sec 3 Approximately seven (7) days prior to each public hearing, the City shall advertise in a newspaper or general circulation and readership in Palm Beach County, Florida, a notice that the City Commission intends to consider a Development Agreement. The published notices shall not be consolidated into one notice of both meetings but shall be published separately. In addition to notice by publication, the notice of intent to consider the Development Agreement shall be mailed to all affected property owners, as that term is defined in ss. 163.3184, Florida Statutes, prior to the first public hearing. The day, time and place at which the second public hearing is to be held shall be announced at the first public hearing. The notice shall specify the location of the land subject of the Development Agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height, and shall specify a place where a copy of the proposed Agreement can be obtained. Sec 4 At both the first and second public hearing, the Developer shall disclose whether the developer. its representative, lobbyist, attorney, or agent has communicated with members of the City Commission, -484- November 3, 2009 the City Manager or the City Attorney regarding the proposed Agreement, and the substance of those communications, if any. Sec 5 A Development Agreement shall contain the following: (a) A legal description of the land subject to the agreement, and the names of its legal and equitable owners; (b) The duration of the agreement; (c) The development uses permitted on the land, including population densities, and building intensities and height; (d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; (e) A description of any reservation or dedication of land for public purposes; (f) A description of all local development permits approved or needed to be approved for the development of the land; (g) A finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations; (h) A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and (i) A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 0) A description, including a timetable, of the build out of the development, including a description of the phasing plan, if any. (k) A disclosure of all persons or entities that are providing financing for the development Sec 6 No Development Agreement is authorized or shall be approved unless a Development Agreement is consistent with the City's Comprehensive Plan and the City's Land Development Regulations. In an event of a conflict between a provision set forth in the Development Agreement and the City's Land Development Regulations, provisions of the Land Development Regulations shall control unless contemporaneously with the approval of the Development Agreement the City modifies its Land Development Regulations, provides for special exception to the Land Development Regulation, or provides for variance from the Land Development Regulation. In the event an amendment, -485- November 3, 2009 exception. or variance of the Land Development Regulation is necessary. the procedures for amendment. exception, and variance as set forth in the Citv's Land Development regulation shall apply but n;a; be processed contemporaneously with the review process required for approval of the Development Agreement. A Development Agreement which is not consistent with the Land Development Regulations shall contain a specific section which identifies those provisions of the development plan that are inconsistent with the Land Development Regulations and the means by which the inconsistency is to be resolved (i.e. by code amendment, exception. or variance). See 7 The approval of a Development Agreement by the City Commission is not final until 12:40 noon on the seventh (7`") day following the close of the second public hearing. Prior to becoming final. the approval is subject to a motion for reconsideration by any member of the City Commission that voted in the affirmative to approve the agreement. Reconsideration may be initiated by notification to the City Clerk. The City Clerk, on receipt of a timely request for reconsideration shall add the reconsideration to the next regular meeting agenda and notify the developer. See 8 The City's Director of Development or his/her designee shall administer the Development Agreement application and approval process. The City's Director of Development shall administer all Development Agreements. Decisions of the City's Director of Development are final and binding. See 9 In addition to complying with the provision of these regulations, all Developer Agreements are subject to the provisions of the Florida Local Govermnent Development Act. as amended from time to time. Section 4. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid. such decision shall not affect the remainder of this Ordinance. -486- November 3. 2009 Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this 20th day of October, 2009. SECOND, FINAL READING AND PASSAGE this day of , 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Woodrow L. Hay ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) Commissioner — Ronald Weiland Commissioner — Jose Rodriguez Commissioner- Marlene Ross -487- November 3, 2009