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Agenda 06-03-08 The City of Boynton Beach ,i '.. I,: ' -.J i"" I ':: \ ,z" ,.i ;:.'" n' '! '" ,-,",'- " -,. ". .".,_.,." ,,_,_,_,_,_,_,_,_,~"_'__i__._A-:'::~:--' ""0'_'_'"'''':'''''::-''' do' .J .,J. '_'_'_'_"_'~ ......f".' .,-X---.J ---,! "i" 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JUNE 3, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV ~ Kurt Bressner City Manager James Cherof DISTRI T I City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA June 3, 2008 6:30 P.M. I. OPENINGS: A. Call to Order by Mayor Jerry Taylor B. Invocation by Rev. Chuck Brannon - Gateway Community Church C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay D. A Moment of Silence in honor of SGT Blake Evans of the 101 st Airborne, Delta Demons, our City's adopted military unit. SGT Blake Evans was killed in a roadside bomb attack by an lED (Improvised Explosive Device) on May 25, 2008 in Iraq, south of Samarra. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations: None IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 1 Agenda Regular City Commission Meeting Boynton Beach, Florida June 3, 2008 V. ADMINISTRATIVE: A. Accept the resignation of Stephen Levine, Regular member of the Veterans Advisory Commission. B. Accept the resignation of Susan Morrison, Regular member of the Cemetery Board. C. Appointments to be made: Appointment Length of Term To Be Made Board Exoiration Date II Hay Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (3) Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) II Hay Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Community Relations Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Library Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Library Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Regular City Commission Minutes of May 20, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve the piggyback of a contract with the City of Melbourne, FL for pipelining which was awarded to Insituform Technologies of Jacksonville, FL, BID #10-111-0-2005 CIPP for Rehabilitation Services in the amount of $260,120 and to piggyback a contract with North Palm Beach County Improvement District contract #PRJ-509 to Shenandoah Construction of Pompano Beach, FL. in the amount of $37,458. Total expenditure $297,578 to rehabilitate the existing Storm Water system in the Skylake Community. 2 Agenda Regular City Commission Meeting Boynton Beach, Florida June 3, 2008 2. Award the "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008 SATURN (VUE) VEHICLES", Bid #089-2110-08/0D to Saturn of West Palm Beach, for $338.56 per month, per vehicle for a total expenditure of $28,439jyear. (Proposed Resolution No. R08-065) 3. Award the "MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION", Bid #042-251O-08/0D, to Schaeffer Systems International Inc. of Charlotte, NC for an annual expenditure of $90,000. C. Resolutions: 1. Proposed Resolution No. R08-066 RE: Approving and authorizing execution of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. 2. Proposed Resolution No. R08-067 RE: Approving and authorizing execution of the Third Amendment of the Interlocal Agreement between Palm Beach County and the City for construction funding for the replacement of the Wilson Center, extending the project completion date to September 30, 2008. 3. Proposed Resolution No. R08-068 RE: Approving and authorizing execution of an Agreement for Water Service outside the City Limits with Marquez Jones Joint Venture, LLC for the property at 7149 Hypoluxo Farms Road, Lake Worth, FL. D. Approve the use of $1,000 from Commissioner Ross's Community Investment Fund to help the Boynton Beach Police Athletic League in sending three basketball teams to the Nationals in Hampton, VA, June 23 - 29, 2008. E. Approve the use of $1,500 from Commissioner Ross's Community Investment Fund to help the Boynton Beach Symphony Orchestra in meeting expenses, such as auditorium and rehearsal room rental for their concerts for next season. F. Approve the use of $2,250 from Commissioner Ross's Community Investment Fund to help the MDM Foundation send 50 youngsters to Orlando, FL for a day at Universal Studios, a day at Disney, breakfast with the Disney characters and accommodations May 23 - 26, 2008. G. Approve the use of $1,500 from Commissioner Ross's Community Investment Fund to help fund the Schoolhouse Children's Museum educational programming. 3 Agenda Regular City Commission Meeting Boynton Beach, Florida June 3, 2008 H. Approve the use of $750 from Commissioner Ross's Community Investment Fund to help defray the cost of the annual Health Fair & Pre-Back to School Bash at the Beacon Center at Forest Park Elementary School. 1. Approve an expenditure from the Federal Law Enforcement Trust Fund Account in the amount of $49,148.99 for the purchase of an armored rescue and SWAT delivery vehicle. J. Authorize members of the City Commission to attend the National League of Cities-Congress of Cities and Exposition, November 11-15, 2008 in Orlando, FL. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION None IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Review of the 10-Year Comprehensive Plan Amendments - June 17, 2008 B. Follow-up on Capital Improvement Program Budget - June 17, 2008 C. Direct staff to continue research for an IT solution for electronic agenda software and future audio/visual and data storage components that integrate with the City's existing Laserfiche repository and bring back to Commission a preferred vendor selection based on future needs and preferences of the City Commission - June 17, 2008 D. Review new resolution for enclave annexation (Tabled on February 19,2008) - July 1, 2008 E. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach - October 7, 2008 4 Agenda Regular City Commission Meeting June 3, 2008 Boynton Beach, Florida XI. NEW BUSINESS: A. None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-012 Re: Amending Chapter 10, Article II. Refuse, Garbage and Trash allowing for unlimited amounts of vegetation and bulk trash for residential curbside pickup and approving a 25 cents per month residential rate increase. C. Ordinances - 1st Reading None D. Resol utions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Status report of existing "Green" initiatives within the City of Boynton Beach and consideration of draft Ordinance to provide for "Green Building Certification Requirements". XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEms OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWEN1Y-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 5/27/08 S:\CC\ WP\CCAGENDA \AGENDAS\ Year 2008\060308.doc 5 v. ADMINISTRATIVE ITEM A. Prainito, Janet --'-'-~'--"~~-~'-'--"~"~--'~"~'-~~-'----'-~-'~~------~,._- w._._.._.._..____..... From: Kahn, Stephanie Sent: Friday, May 09, 2008 9:20 AM To: Prainito, Janet; Pyle, Judith; Cherry-Guberman, Catherine; Magazine, Chuck Subject: Veterans' Advisory Commission The City Clerk's office just received a phone call from Steve Levine advising he was resigning from the Veterans' Advisory Commission, effectively immediately. He will be sending a letter of resignation. 5/9/2008 V. ADMINISTRATIVE ITEM B. May 15,2008 Janet Prainito, City Clerk Secretary - Cemetery Board City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Dear Janet: Due to several conflicts, I regretfully must submit my resignation from the Cemetery Board effective June 1,2008. Over the past several years I have certainly enjoyed working with the members of this Board who have been both professional and caring. I can't say enough about the members of the City Clerk's Office and the Parks & Recreation Department who have been involved with the Board. They have always given 100 per cent in furnishing information, research and support. I wish you all only the best in your decision making in the days ahead. Sincerely, /~.,c7<)~ ~~e-~ Susan Morrison ,....., ~'i . ~ ~=~J -~1 -".- -........ -'."-~ .. ....__c. '...~.'-' , ..... V. ADMINISTRATIVE ITEM C. APPLICANT ELIGIBLE FOR APPOINTMENT 6/3/08 Last Name First 1 st Choice 2nd Choice 3rd Choice Name Dwork Jonathan Planning & Dev. Bd. Caudell Scott Police Officers' Retirement Trust Fund Grace Joyce Arts Commission N orfus Victor Planning & Dev Bd. Rodriguez Luis Education & Youth Adv. (STUDENT) Bd. Tengbergen Sherie Arts Commission Timm H. Warren Planning & Dev Bd. S:\CC\WP\BOARDS\APPMENTS\Board Year 2008\Applicants Eligible for Appointment 6 3 08.doc 1 VI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI\tl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office D April 15,2008 March 3 I, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) D July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5,2008 (Noon) D July 15. 2008 June 30, 2008 (Noon) - ~ June 3, 2008 May 19, 2008 (Noon) D August 5, 2008 July 14,2008 (Noon) _'_J';", - ", D D - Announcements/Presentations City Manager's Report L~ NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal -'.,..',. - _.'.,-,~ D Code Compliance & Legal Settlements D Unfinished Business .. c' D Public Hearing D . .\.-~ RECOMMENDATION: A Motion to approve the piggy back of a contract with the City of Melbourne, Florida for pipelining which was awarded to Insituform Technologies of Jacksonville, Florida, Bid#10-111-0-2005 CIPP for Rehabilitation Services in the amount of: $260,120.00 and to piggy-back a contract with North Palm Beach County Improvement District contract #PRJ-509 to Shenandoah Construction of Pompano Beach in the amount of: $37,458.00. Total Expenditure $297,578.00 to rehabilitate the existing Storm Water system in the Skylake Community. EXPLANATION: Storm Water staff cleaned and televised over 7,000 feet of storm water lines in Skylake. In their report, staff has identified approximately 2,500 feet of the existing storm water lines that need to be repaired. It is the Utility Department's recommendation to make the repairs with a combination of pipelining and slip lining. Lining the identified lines will save on the cost compared to conventional excavation methods that include restoration and major traffic control procedures. Insituform Technologies will be pipelining 2,304 feet of storm water lines for a cost of $260,120.00. Shenandoah Construction will be slip lining 184 feet of storm water lines for a cost of $37,458.00 JL'3 PROGRAM IMPACT: The cost ofthe total project is $297,578.00'-: The cost is based on approved bids as mentioned previously that the Utility Department would like to utilize. FISCAL IMP ACT: Funds are available in account #403-5000-590-96-07 STM 017 AL TERNA TIVES: By pipelining now we will avoid the possibility of storm water r e failures and costly excavation ex enses like the most recent repair on NW 13th Ave in Skylake. "~~ nature S\l~~ ~ Assistant to City Manager City Attorney I Finance TLlkb S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC FROM ; FAX NO. : 9042004162 Ma~. 14 2008 04:20PM P2 .~./. .:.!: ;y~t.:...S:~< . ',' .. . ~ 1nIIfubm; ; Tel: (904) Z37 -30428 ~lnc.: ~~ 116 Spanilh Mea Lane Toll Free: (BOO) 633-8362 ~ Ponte Vedra Beach, FL 32082 Falf: (904) 28Q...t 162 WtINi.insiluform,com May 14, 2008 . . .... .,,- " . . .. .~. ..... ',' . ': " . . ~. .;" ... '. .. ,", 'J '.' . ", Mr. Tony Lombardi,. Proj~ct ~aPager' " City of Boynton Beaph . ' . 124 Hast Woolbright Rd.' Boynton Beach, FL .33435 Re: Skylake Stann Drain Reconstruction - Phase I Dear Tony, We are pleased to submit dUs proposal to reconstruct the 12"-42" storm drain located on the above project using '!-Cured-in~Place-Pipe" (CIPP). These prices are based on our 2008 Annual Contra(.1 with the City of.Melb9ume. which is available for "piggyback" by the City of Boynton Beach. 991f15" x 7.5 mm CIPP $ 6O.501lf .,. $ 5.,989.50 ./ 99 If 15~ heavy clean & TV $ 5.90llf........ $ 584.10 ....... Traffic control. city right-o-way, 1 ea $ 250.00/ea /' $ 250.00 0/ Toral $ 6,823.60 .,/ 871f 15" X 9 mm CIPP $ 63.801lf / $ 5,550.60 ~ 811f lSu heavy clean & TV . S 5.901lf /" S 513.30 ...--- Traffic control, city right-o-way, ) ea $ 2S0.00/ea /' $ 250.00 y-' Total $ 6,313.90...... 94 If 15" x 9 mm CIPP $ 63.80Ilf/ $ 5,997.20 .../ 94 If 12 mm thickneSs increase x ~ ($~.301lf) $ 6.601lf /" $ 620.LW ....- 94 If lS" heavy clean " TV $ 5.901lf ,/ $ 554.60 ....- Traffic control. city right~way; I ea $ 250.00/ea / $ 250.00 ....- Total $ 7,422.20 ./' FROM : . FAX I'[). : 9042804162 Ma~. 14 2008 04: 20PM P3 54 If 18" x 9 nun CIPP $ 70AOI!f ---- $ 3,801.60 /' 54 If 18" heavy clean &. TIT $ 5.9OIlf ---- $ 318.60/ Traffic control, city right~way. t ea $ 25D.OO/ea./ $ 250.00 /' Total $ 4,370.20 /' 252 If 18" x 10.5 mm CIPP $ 8S.801lf ---- $ 21,621.60--- 252 If 18" heavy clean & TV S S.901lf ---- $ 1,486.80 ./ Traffic control, city right-o-way, 6 ea $ 250.00/ea./ $ 1,500.00 ./ Total $ 24,608.40-- 1241f21" x 9 rnm CIPP $ 92.40M ~ $ 11.457.60"" 124 If21" heavy clean & TV $ 9.00llf / $ 1,116.00 -- Traffic control, city right-o-way, 3 ca $ 250.00/ea./ $ 750.00/ Total $ 13,323.60---- 40 If21" x 10.5 mm CIPP $ 99.00llf~ $ 3,960.00 ./ 40 Jf21 n heavy clean & TV $ 9.001lf ..- $ 360.00 -- Traffic control, city right-o-way, 1 ea $ 2SD.OO/eIL. S 250.00/' Total $ 4,570.00 --- 87 If24" x 10.5 DUn CIPP $ 102.301lf /- $ 8,900.10 --- 87 If24~' heavy clean &, TV $ 9.00llf / $ 783.00 -- Traffic control, city right-o-way, 1 ea $ 2S0.00/ea /' $ 250.00/ Total $ 9,933.10 - 341f24" x 12 mm CIPP $ 1 07.80/lf / $ 3,665.20 / 34 If 24" heavy clean & TV $ 9.00/U' / $ 306.00 / Traffic control, city right-o-way, 1 ea $ 2S0.00/ea__ $ 250.00 --- Total $ 4,221 .20 /'_. 245 1f24" x 15 mm CJpp $ 117. 701lf/ $ 28,836.50 245 1f24" heavy cLcaJ1 & TV $ 9.001lf / $ 2,205.00/ Traffic control, city right~way, 2 ea $ 250.00/ca $ 500.00 Total $ 31,541.50/ 1,0291f30" x 12 mm CIPP $ lIO.OOM.- $113,190.00, 1,0291f30YOheavy cl~ & TV $ 14.60/1f /- $ 15,023.40 Traffic control, city right~way, 4 ca $ 250.00/ea/ S 1,000.00.- Total $129.213.40 FRO'1 : FRX NO. :9042804162 Mal:j. 14 2008 84: 20PM P4 Sl If30~'" 15 mm CIPP $ I22.10Ilf r $ 6.227.10 ,...- 51 If 30" heavy clean.:& TV $ 14.6OI1f/ $ 744.60/' Traffic control, city right-o.-way~ 1 ea $ 250.00/ca/' $ 250.00 /' Total $ 7,221.70 ./ 108 If 12" x 7.5 nun CIPP $ S3.60/lf .;' $ 5,788.80 --- 108 If 12" heavy clean &. TV $ 4 .801lf ," $ 51R.40 --- Traffic control, city right-o-way, 1 ca $ 2S0.00/ea""- $ 250.00 / Total $ 6,557.20 -- Mobilization, 1 ea $4,OOO.OO/ea ./ $ 4,000.00 ./ Total $260,120.00 .,.- The terms and conditiQns gOVet'lUng this proposal are as follows: PropO$allad...ia...: . . CertifiCate of InSurance with standard coverage . Pre-in.~1ation video inspection recorded on cn . Heavy:cleaning of the existing pipe prior to installation . Post-installation video inspection recorded on CD . Standard on~year warranty . ActuaHield measurements will detennine final invoice quantities ProDOIa. Ent.sioDs: . Premiums for special insurance coverage requirements . Point repairs of any collapsed sectiOIlS oitbe existing pipeline . Permits . Disposal site for debris l'en:a.oved during cleaning . Please note that ifany hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials . Constnlctions access easemen1s boposal Tenn.: . Payment due within 30 days of completion of the project . Partial monthly payments may be requested . Proposal valid for 45 days FROM : FRX NO. :9042804162 Ma':j. 14 2008 04:21PM P5 ; Limited Watrutv IN LIEU OF ALL OTHER BXPRESSED.lMPLIED AND/OR ST ATVTORY W A~S. INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVJCES PROVIDED;BY THE CONTRACTOR WHICH ARE BROUGHT TO THE ATIENTION OF THE CONTRACTOR WITHIN ONE YEAR FOLWWrNO , COMPLETION OF CqNTRACTOR'S WORK. PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. Mutual ReI.1e of Co....ue.tial Dam.~es: Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. ProDOlal Suhleet to NeatiatiOB of Other Sa.cIanl Terms of Al:reement: This proposal is subjec~ to agreement of the parties on otber tenns and conditions 8.'4 W'C custoniary in cori.tracts of this nature. We appreciate the opportunity to quote on this project. If you have any questions. please call me. SinccrcJy, ~[{JL:ms.~c, Ted Hotchkiss. Area Account Manager Owner Acceptance: Date: Please sign and ~turn one copy oftbis proposal for our files or, if you prefer. a purchase order or subcontract fOf our execution. FROM : FAX NO. :9042804162 Mar. 18 2008 02:29PM P5 COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AfFORDS CONTRACTOR SUIT ABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. Mutual Release of ConseQuential Damal!cs: Neither party shall be liable to the other for consequential damages relating to Or arising out of the Contract. Proposal Subiect to Nel!otiation of Other Standard Terms of Al!rcement: This proposal is subject to agreement of the parties on other tenns and conditions as are customary in contracts of this nature. We appreciate the opportunity to quote on this project. If you have any questions, please call rne. Sincerely, INSlrUFORM TECHNOLOGIES, INC. /(ecl~+~ Ted Hotchkiss, Area Account Manager Owner ^cc~ptance: Date: -- -- Please sign and return one COpy ofthis proposal. for our files or, if you prefer, a purchac;e order or suhcontracltor our executioll. . ~ Insitufotm ~QJ LETTER OF TRANSMITTAL From ~ Insituform Technologies, Inc. Our Telephone ~ 636-530-8650 or 800-325-1159 Diane Partridge FAX ~ 636-530-8701 CC: Suzan Herrmann At:CF=rv'''', 17988 Edison Avenue r. - 1:;;1.; File vltv of M~lbOur!)g Chesterfield, MO 63005 ", . ;" < (. - . .' ?ubli,., 1M,,, ~ CITY OF MELBOURNE LI1'JT 'V', To ~ Date ~ 3/21/08 . ./ i ies Dapar"r :, '}t ' n..o 900 E. STRAWBRIDGE AVENUE Job Number ~ MELBOURNE, FL 32901 Attention ~ Michelle Shoultz, P.E. RFP #10-111-1-2005, CIPP Tel: (321) 727-2900 Reference ~ Rehabilitation Services, Year 3 Renewal WE ARE SENDING TO YOU THE FOLLOWING: x Attached. 0 Plan(s). 0 Videotape(s). o Shop Drawing(s). 0 Change Order(s). 0 Project Report(s). o Copy of Letter. 0 Inspection Report(s). 0 Bid Documents o Prints. 0 Contract(s). 0 Following Items Under Separate Cover Via _' r81 Other - See below NO. OF NO. OF COPIES DATE VOLUMES 2 SiQned Amendment #2 to AQreement 1 Certificate of Insurance REMARKS ~ Please send an executed original to my attention at the above address. If you have any questions please feel free to contact me at 1-800-325-1159. Diane Partridge Delivered Bv ~ Received By ~ Date ~ Date ~ Copy To ~ Signed By ~ 06/12/00 DOC ID: COR/FRM-DTM-01 EFF. DATE: 07101/00 APPROVAL: CO. MGMT. REP. ON FILE CITY OF MELBOURNE Public Works & Utilities Department AMENDMENT Z TO AGREEMENT Continuing Annual Contract for Cured-la-Place Pipe (CIPP) Rehabilitation Services - SERVICE AGREEMENT NO. ( 1 0-111-0-2005) This Amendment to the Service Agreement for Continuing Annual Contract for Cured-In-PlaCe Pipe (CIPP) Rehabilitation Services is made and entered into this ~th day of March, 2008, between the City of Melbourne and Insitufonn Technologies, Inc; 11511 Phillips Hwy. S; Jacksonville, Florida 32256. The Agreement, approved by City Council on February 28, 2006, is hereby amended to renew. the term for an additional twelve (12) month period, at the same rate(s) and conditions set forth in the Request for Proposal (RFP) package, by mutual agreement of both parties, for the third year term beginning April 1, 2008 through March 3 I, 2009. The parties hereto duly execute this Amendment to become effective as of April I, 2008. CITY OF MELBOURNE Insituform Technologies, Inc 2885 Harper Road 11511 PhiJIips Hwy. S. Melbourne, FL 32904 JacksonviJIe, FL 32256 H. Douglas Thomas Robert C. Klaproth, Jr. By:VP-Global Procurement/Operations Support Public Works & Utili 'es Director (Namerritle) /1/) - -Oy //~arCh 2l, 2008 (Signature) (Date) Distribution: DepartmentIDivision File Purchasing File - ACO~ll.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY) 07/01/2008 07/01/2007 PRODUCER . . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lockton Compames,LLC-1 St. LoUIs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Three City Place Drive, Suite 900 ~pLDER. THIS CERTIF1CA TE DOE~ ~?TAMENBh~T.i~~o~ St. Louis MO 63141-7081 (314) 432-0500 INSURERS AFFORDING COVERAGE INSURED Insituform Technologies, Inc. INSURER A: Libertv Mutual Fire Ins. Co. (64) 1041904 17988 Edison Avenue INSURER B: ACE American Ins. Co. n 1) Chesterfield MO 63005 INSURF'R c. Lihertv Insurance Com. (64) INSUR"R '" : COVERAGES INSTE02 29 TH~~fE~~~ICATE OF INSURAt!~1g~MJ~!. cg~J1RWJM~O~~CT ~i=~ 'W;EJgm~G INS RER S A REPRE ATIVE R ROAN THEC F AT H R THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~M POUCY NUMBER POL~IIEFFlif~E PO~~IEX"1~N LIMITS TYPE OF INSURANCE OAT MMlD DA E MMID GENERAL UABILITY EACH OCCURRENCE $ 2 000 000 - 1132-641-004218-037 07/01/2007 07/01/2008 A 1L OMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anv ona fll8) $ 350 000 - CLAIMS MADE ~ OCCUR MED EXP (Anv one carsonl $ 10 000 1L Indpnt Contractor BROAD FORM PD/CONlRACTl f'\L PERSONAL & ADV INJURY $ 2 000 000 1L XCV GENERAL AGGREGATE $ 4 000 000 ~N'l AGGREril ~~I~ APn PER: PRODUCTS - COMPIOP AGG $ 4 000 000 POLICY X JEl?T LOC AUTOMOBILE UABILITY COMBINED SINGLE LIMIT 2,000,000 r-- $ A ~ ANY AUTO AS2-641-0042 18-027 07/01/2007 07/01/2008 (Ea accidant) ALL OVVNED AUTOS BODlL Y INJURY XXXXXXX '--- $ ; SCHEDULED AUTOS (Par person) I-- - HIRED AUTOS BODILY INJURY XXXXXXX $ NON-OVVNED AUTOS (pe, accidenl) I-- - ____._ _0.. ----"- _. -PR0PER"FY-6AMAGE----- $ (Per accident) I- I.lARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ==1 ANY AUTO . NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS L1ABlUTY EACH OCCURRENCE $ 10.000000 B ~ OCCUR D CLAIMS MADE XOOG23882255 07/01/2007 07/01/2008 AGGREGATE $ 10 000 000 ~ m UMBRELLA $ XXXXXXX DEDUCTIBLE FORM $ XXXXXXX X RETENTION $ 100,000 ~I~~Y';:" I I~~H- $ XXXXXXX C WORKERS COMPENSATION AND W A 7 -64D-009004-44 7 07/01/2007 07/01/2008 C EMPLOYERS' UABlLITY WC7-641-004218-017 (WI & OR) 07/01/2007 07/01/2008 E.!.. EACH ACCIDENT I 000 000 $ E.!. DISEASE - EA EMPLOYEE $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ I 000 000 OTHER DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSlONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: PROJECT - RFP-IO-III-O-200S. CITY OF MELBOURNE. ITS OFFICERS, OFFICw..S, EMPLOYEES OR VOLUNTEERS ARE ADDITIONAL INSUREDS ON A PRIMARY AND NON-CONlRIBUTORY BASIS UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS REQUIRED BY WRIlTEN CONIRACT. .. SEE ATfACHED ENDORSEMENTS .. CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER LEnER: CANCELLATION 1M738Ui 2425802 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION CITY OF MELBOURNE DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRlmN 900 E. STRAWBRIDGE AVENUE MELBOURNE FL 32901 NOTICE TO THE CERTIFICATE HOlDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~-- ~ ACORD 25-8 (7/91) For questions NglII'dlnlJ". _rttncnI, COlt.at Ole munbw lilfad in the 'Producer' MCtion UoYe and specify the allent code 'NaTl!G2". o ACORD CORPO~TlON 1988 SEE ATTACHED FOLLOWING ENDORSEMENTS GL 1 - CG201 0 11/85 (OWNERS, LESSEES, CONTRACTORS) GL3 - 102 ADDITIONAL INSURED PRIMARY GL4 - CG240410/93 (WAIVER OF SUBROGATION) AL 1 - AUTO AODITIONAL INSURED AL2 - 2610A ADDITIONAL INSURED PRIMARY AL4 - 2610A (WAIVER OF SUBROGATION) WC3 - WC WAIVER (WAVIER OF SUBROGATION) ----. . ----- ...~....__.---- .ficate ID : 2425802 Misc Attachment: M73826 CITY OF MELBOURNE Public Works & Utilities Department AMENDMENT 1 TO AGREEMENT Continuing Annual Contract for Cured-In-Place Pipe (CIPP) Rehabilitation Sen'ices SERVICE AGREEMENT NO. (l 0- I I J -0-2005) This Amendment to the Service Agreement for Continuing Annual Contract for Cured-In-Place Pipe (CIPP) Rehabilitation Services is made and entered into this 2Z-th day of March, 2007, between the City of Melbourne and Insituform Technologies, Inc; J J 5 J I Phillips Hwy. S; Jacksonville, Florida 32256. The Agreement, appmved by City Council on FebrualY 28, 2006, is hereby amended to renew the term for an additional twelve (12) month period, at the same rate(s) and conditions set fOlth in the Request for Proposal (RFP) package, by mutual agreement of both parties, for the second year tel1l1 beginning April 1,2007 thmugh March 31, 2008. The parties hereto duly execute this Amendment to become effective as of April], 2007. CITY OF MELBOURNE Insituform Technologies, Illc 2885 Harper Road J 151 I Phillips Hwy. S, Melbourne, FL 32904 Jacksonville, FL 32256 Robelt C. Klaproth, Jr. By: H. Douglas Thomes Public Works & Utilities Director (Nameffitle) .4 //.~ March 21, 2007 (Signature) (Date) Distribution: DepaJtment/Divisioll File L-Purchasing File '. IJ."fSITUFDRM TECHl'fOLOGlES, me. Assastant Secr1!tary"s Certiiicate The undersigned, being the Assistant Secretary of Insitllform Technologies, [nc" a Delaware corporation (the "Corporation"), hereby certifies that: [. The following is a true and correct excerpt from the By-laws of the Corporation. Chief Exe.c.1Jtive Dffi.cer Appointments. The Chief Executive Officer may from time to time appoint such officers of operating d:ivlsions, and such contracting and attesting officers, ofthe Corporation as the Chief Executive Officer may deem proper, who shal1 have such authority, subject to the control of the Board, as the Chief Executive Officer may from time to time prescribe. 2 The Chief Ex:ecutive Officer and President of the Corporation has, pursuant to the above authority, duly appointed {a) H. Douglas Thomas to the position of \lice President, Special Projects and (b) Joann Smith and Denise L. Carroll as Contracting and Attesting Officers of the Corporation. Each of r.he foregoing have been fully authorized and empowered by the Chief Executive Officer of theCorporatioo' "'(t) to r;ertify and to "ttest the signature of any office; i)fth.~ Corporation., fit) ~o enter into and to bmc th~ C'")f1)')[8.t:l)~ to perforrr: pipeline r:;:habilitation activities of the Corporation and all matters r~lated the[~to. inc!F.Jding the mamtenance ofr:me or more offices and facilities orehe Corporation, hi) to e;(.,,:cute and tv ,jeli"fer documr;r,ts .)0 :)chalF or the Corporation and (iv) to take 51Jcb .Jther action as IS Dr may be necessary and ~lppropriat~ t,j '~an-y out the projects, activieies and work 1)[ the Corporation." f:--f \,y'TT1'iESS WHEREOF, [ have hereunto affixed my name as A33i.:;tam 'secrei:ary. tr1l3 L6!h day 0'- Jo.n uar/, 2007. Insitutorrr TechTIo!j;.Sh~S.. {r...c By SJitll. -r:~ .'1~ Suta Tl.lI1gsiripa v Assistant Secretary City of Melbourne SERVICE AGREEMENT (10-111-0-2005) Continuing Annual Contract for Cured-In-Place Pipe (CIPP) Rehabilitation Services Award Date: February 28, 2006, by Melbourne CIty Council THIS CONTRACT, entered Into this -,-th day of December, 2006, for the perIod April 1, 2006 through March 31, 2007, by and between the CIty of Melbourne, Florida, hereInafter referred to as the CIty; and Insltuform Technologies, Inc.; 11511 PhIl/Ips Hwy. S; Jacksonville, Florida 32256; hereinafter referred to as the Contractor. NOW THEREFORE, the PartIes do mutually agree that: SCODe of Servicesi Contractor shall provide all labor, supervision, materials, equipment and Incindentals .requlred for the rehabilitation of various sized sanitary sewer gravity r:nains and storm'sewer lines with resin Impregnat8d cured-in-place pipe CCIPP) in accordanee with all applicable City and industry standards, In aCCOrdance with the request for proposal (RFP), and all conditions, speclflcatfons, product performance, Installer performance, unit prices, etc. provided to the City In the RFP submittal. ThIs Co.ntract authorizes the Contractor to perform CIPP rehabllltatlon services for projects approved In the Capital Improvement Budget and ~s approved by City Council. A purChase requisition shall be authorized for the above referenced CIP projects for each contract term year. The City may add or delete projects or services at any time by issuing an amendment to the service agreement. The Contractor shall be paid for all services satisfactorily completed before any deletions. 1. Asslanment; The contractor shall not assign, transfer, convey, Sublet, or otherwise dispose of any award or any or all of Its rights, tItle, or Interest therein, wIthout the prior written consent of the City of Melbourne. 2. Chanaes In the ScoDe of Servlc~: The City of Melbourne may order changes In the service consistIng of .additlons, deletions, or other revisions within the general scope of the contract. No claims may be made by the contractor th~t the scope of the project or of the contractor's services has been changed, requiring changes to the amount of compensation to the contractor or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the City and the contractor. If the Contractor believes that any particular service Is not wIthin the scope of the project, Is a material change, or will otherwise require more compensation to the contractor, the contractor must Immediately notify the City of Melbourne In writing of this belief. If the City believes that the . particular service Is within the scope of the contract as Written, the contractor will be ordered to and shall continue with the servIce and at the cost stated for the service within the scope. 3. favment Payment shall be made upon submissIon of Invoice to the Finance Department (Accounts Payable); 900 Eo StraWbrIdge Avenue; Melbourne, FL 32901, and verification of satIsfactorily completed work. 4. Performancei Performance under this agreement shall be In accordance with the contractor's . submitted Proposer Response Form dated November 14, 2005. S. Performance Bondi The 'contractor shall be required to p~ov.lde performance bonding and/or . .warranties (as necessary) on a '''per project" basis. Once a total project cost has been mutually agreed upon by the Contractor and the City (utilizing the <;:ontractor's submitted unit prices), a performance bond shall be Issued prior to the start of work. Said performance bond shall be Issued by an insurance company licensed by the Florida Department of Insurance covering the faithful performance of this contract, In all terms and conditIons thereof throughout the full term thereof, between the City and the contractor and Which will further Indemnify and save harmless the City fr:om all costs and damages by reason of the contractor's default, breach or failure to Page I of2 -- satisfactorily complete any of the contract terms. Said performance bond shall be forfeited on failure to perform' on any part of specifications and contract requirements outlined herein (which jn~ludes the. general conditions, detailed specifications, technical specifications, etc.) The bond must be renewed annual by the contractor and provided to the City no later than ten (10) business days prior to the begInnIng of the next contract and renewal years. 6. Renewal of Aareement: The agreement may be renewed for two (2) additional twelve (12) month periods (2nd Year Term 4/1/07 through 3/31/08.a'nd 3,d Year term 4/1/08 through 3/31/09), at the same rate(s), by mutual agreement of both parties. 7. Termination for Convenience; The contract may be 'cancelled by the CIty of Melbourne with 120 d~ys advance written notice by either party. 8. Termination for Default: If, through any cause, the Contractor shall fall to fulfill In a timely. ' manner, Its obligation under this contract, or If the contractor shall violate any of the terms and conditions of this cohtract, th'e Oty Of Melbourne shall hav~ the right to terminate this contract by giving written notice by certified letter to the contractor of such termination specifying thereof, at least ten (10) days before the effective date of such terminatIon. WITNESS these signatures; CITY OF MELBOURNE Insltuform Technologies, Inc. 900 East Strawbridge Avenue Melbourne; Florida 32901 Joan n S mlth/Contractln 9 :an d Attestln 9 Officer Namemtle of ~ntative ~ """ 51 ature Date Attest: (seal) Attest or Witness: <~(?~ By: By: . Namemtie 01 a n e P ortrl d 9 e/Contract S p eclall st bistribution: Department/Divis Purchasing Page 2 of2 The City of Melbourne ~ - 900 E. Strawbridge Avenue - Melbourne, FL 32901 - (321) 727-2900 - F~ (321) 953-6207 March 23, 2006 TO ALL RFP P ARTICIP ANTS Re: RFP # 10-111-1-2005, CIPP Rehabilitation Services Annual Contract A ward Thank you for your submitted request for proposal (RFP) package. Submittals for professional cured-in-place pipe (CIPP) rehabilitation services were opened on November 14,2005 at 3:00 p.m., with packages received from 2 contractors, Insituform Technologies, Inc. and Lanzo Lining Services, Inc. After review of the submitted packages and oral presentations held on December 1,2005, the selection committee recommended award of this contract to Insituform Technologies, Inc. of Jacksonville, Florida. This bid was awarded by: ( ) City Manager within ten (10) days (X) City Council at their regular meeting on 02/28/06 ( ) Purchasing Manager Thank you for your interest in doing business with the City of Melboume. Sincerely, ~!?E Utilities Engineer Cc; Insituform Technologies, Inc. Lanzo Lining Services, Inc. Robert C. Klaproth, Jr., Public Works and Utilities Director Tom Hogeland, Water and Wastewater Operations Superintendent Billy Williams, Streets and Stomlwater Superintendent Eric Blankman, Wastewater Treatment Superintendent Jenni Lamb, P.E., City Engineer Karen Smith, Buyer An Equal Opportunity Employer . Internet: www.melboumeflorida.org . E-Mail: cityhall@melboumeflorida.ol'g The City of Melbourne ~ - - 900 E. Strawbridge Avenue · Melbourne, FL 32901 . (321) 727-2900 . Fax (321) 953-6207 March 23,2006 Mr. Richard Howton Insituform Technologies, Inc. 11511 Prulips Highway South Jacksonville, Florida 32256 RE: Annual Contract Award for RFP #10-111-1-2005, CIPP Rehabilitation Services Dear Mr. Howton, At its February 28, 2006 regular meeting, the Melbourne City Council awarded your firm with the contract for professional Cured-In-Place Pipe rehabilitation services for Wastewater Collection, Wastewater Treatment and Streets & Stormwater projects. This will be an annual contract with the option to renew for two years. The contract term for this fiscal year was approved with a not-to-exceed value of $2,145,143. A copy of the minutes is attached. This is your formal Notice to Proceed. Please contact the appropriate City Staff to begin work. Thank you for your interest in doing business with the City of Melbourne. Sincerely, -111(& ~ Michelle Shoultz. P.E. Utilities Engineer Enclosure Cc: Robert C. Klaproth, Jr., Public Works and Utilities Director Tom Hogeland, Water and Wastewater Operations Superintendent Billy Williams, Streets and Stormwater Superintendent Eric Blankman, Wastewater Treatment Superintendent Jenni Lamb, P.E., City Engineer Karen Smith, Buyer An Equal Opportunity Employer · Internet: www.melbourneflorida.org . E-MaiL' cityhall@melboumeflorida.org CITY OF MELBOURNE, FLORIDA SUMMARY OF MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 28. 2006 Approved. 14. ORDINANCE NO. 2006-14: (Second Reading/Public Hearing) An ordinance amending Chapter 23, Retirement and Pensions, Article VI, Police Officers' Pension Plan, providing definitions for "credited service" and "retirement;" and amendments relating to the Board of Trustees, vesting, benefits, distributions, deferred retirement options, and reemployment after retirement. (First Reading - 2/14/06) Approved. NEW BUSINESS 15. COUNCIL ACTION RE: Continuing annual contract award for professional Cured-in-Place Pipe rehabilitation services for Wastewater Collection, Wastewater Treatment, and Streets & Stormwater projects, Insituform Technologies, Inc., Jacksonville, FL - Contract Term No. 1 not to exceed $2,145,143. Approved as recommended. 16. CONSENT AGENDA: Approved as recommended. a. Supplement No. 274 to the Continuing Consultant's Contract for Engineering Services to provide for Melbourne Avenue drainage improvements at Pennwood Drive, Project No. 20106, Frazier Engineering, Inc., Melbourne, FL - $23,000. b. Amendment to the Blanket License Agreement with the Florida East Coast Railway, LLC for 67 utility crossings in the amount of $29,752.80 and authorization for the City Manager to execute the document. c. Approval of an agreement between the Board of County Commissioners of Brevard County and the City of Melbourne for the purpose of securing auto-aid first response fire protection and rescue service by each of the parties and authorization for the City Manager to execute the document. d. Purchase of Lifepak@ defibrillator/monitors and upgrade components, Medtronic Emergency Response Systems, Redmond, WA - $34,469.95. e. Approval of a $250,000 HOME Investment Partnership Program award to National Church Residences of Silver Palms Housing, Inc.; authorization for the City Manager to execute the agreement, contingent upon the developers' receipt of housing credits from the Florida Housing Finance Corporation in the 2006 Universal Cycle; and approval of various budget adjustments totaling $250,000. f. Resolution No. 1970: A resolution authorizing the City Manager to submit a grant application to the Florida Inland Navigation District for grant funding in the amount of Page 3 of 7 CIPP Rehabilitation Services CITY OF MELBOURNE RFP-10-111-0-2005 Pricing Summary Oescriotion Totcl Amount CIPP Rehabilitation Services $ "2, ~JL -~ Cleaning and Inspection Services $ , ,;-- - cO '- - bIoS Other Services $ --S , {.., og .1...0 TOTAL $ - , ; , I ! i ~ t I f ATTACHMENT A MINIMUM RESPONSE REQUIREMENTS (PROVIDED FOR INFORMATION ONLY) -. \~~ u~'\c":J ;-L..x Respondent Name: 1.. N-s rn."rO\7W\ Respondent submitted the following: Yes ! No I I Respondent Submitted: ---j I Completed Proposer Response Sheet v l Once signed original response (marked "original) and six response V I copies (marked "copy") i Complete proposal as outlined in RFP document V; i Pricina Sheets if , I RESPONDENT MUST SUBMIT THE MINIMUM REQUIREMENTS LISTED WITH RESPONSE SUBMISSION. FAILURE TO SUBMIT THE MINIMUM REQUIREMENTS SHALL DISQUALIFY THE RESPONDENT FROM FURTHER CONSIDERATION , . Page 29 of 29 CIPP RehabD~crtjon $eN/CSS Pnclng Sheel Cily of Melbourne RFP- 1 0- 111-0-2005 CIPP Rehabilitation - Sanitary Sewer Mains DESCRIPTION EST. QTY UNIT UNIT COST 8" diameter 10.000 If 6,0 mm normal thickness (.236) 1 If "74- '2C 7.5 mm normal thickness (.295) 1 It -'2..(.... '1-( 9.0 mm normal thickness (.354) 1 It ....., 9-. '''0 f '. L- 10" diameter 1.000 If 6.0 mm normal thickness (.236) 1 If -:::: t:: . l-: C 7.5 mm normal thickness (.295) 1 If .7cl'IO 9.0 mm normal thickness (.354) 1 If 3l~"PO 12" diameter 2,000 If 6.0 mm normal thickness (,236) 1 If ~\ c1["; 7.5 mm normal thickness (,295) 1 If ~~~ . C:D 9.0 mm normal thickness (.354) 1 If <,~ .n() 15" diameter 2,100 If 6.0 mm normal thickness (.236) 1 If -="6,=30 7.5 mm normal thickness (.295) 1 If 42.QO 9.0 mm normal thickness (.354) 1 If 4.:':::l. Ie 18" diameter 2.000 If ., 6.0 mm normal thickness (.236) 1 If 419..0 7.5 mm normal thickness (.295) 1 If .ql~.. '2D 9.0 mm normal thickness (.354) 1 If -Z:;7PD 10.5 mm normal thickness (.413) 1 If ~c; 48 21" diameter 750 If ;; 6.0 mm normal thickness (.236) 1 If ~r:IX"") 7.5 mm normal thickness (,295) 1 If (",\ t~C 9.0 mm normal thickness (.354) 1 If ...c 3D 10,5 mm normal thickness (.413) 1 If I~ ~, if:" 12.0 mm normal thickness (.472) 1 \ If -7C L.() 24' diameter 1,000 If 9,0 mm normal thickness (.354) 1 If I~ c;o 10.5 mm normal thickness (.412) 1 If 9'./-. '1 c 12.0 mm normal thickness (.472) 1 If (j I ?:, C 13.5 mm normal thickness (.531) 1 If C, ;; .'7 0 15.0 mm normal thickness (.591) 1 If tC(~' to 27" diameter 3,000 If 9.0 mm normal thickness (.354) 1 If ~q .-}C 10.5 mm normal thickness (.413) 1 If C't'"'. L C 12.0 mm normal thickness (.472) 1 If (1/ CD 13.5 mm normal thickness (.531) 1 If I C':~, 42, 15.0 mm normol thickness (.591) 1 If , /"9.. gD Page 1 of 2 CIPP RehabilitatIon Services Pricing Sheet CIty of Melbourne RFP-1O.ll1-Q-2005 DESCRIPTION EST. QTY UNIT UNIT COST 30" diameter 3,000 If 9.0 mm normal thickness (.354) 1 If /o""2r 3' 10.5 mm normal thickness (.413) 'I 11 I r-, 'au 12.0 mm normal thickness (.472) ~ If I 11_. b<... 13.5 mm normal thickness (.531) 1 If r-r7_ I';' 15.0 mm normal thickness (.591) 1 If 17 CJ ~...' 36" diameter 1 ,500 If 1 0.5 mm normal thickness (.413) 1 If I DC " 12.0 mm normal thickness (.472) 1 If I I I I'" 13.5 mm normal thickness (.531) 1 If J (.., ",-. 15.0 mm normal thickness (.591) 1 If f '2. IV 16.5 mm normal thickness (.650) 1 If f ~ 0 <-t..... 18.0 mm normal thickness (.709) 1 If I .<(... 'h.,.' , Page 2 of 2 CIPP Rehobmtatlon Service, Pflclng Shee1 Citv of Melbourne RFP-1O.111.o-2oo:. Cleaning and Inspection - Sanitary Sewer Mains DESCRIPTION QTY UNIT UNIT COST Light Cleaning and Inspection 8' - 12" diameter 1 If \ ." 1 0 14" - 18" diameter I If 7 hj 20" - 24" diameter 1 It 3 '" C) C) 27" - 42" diameter 1 It s" l,c) 48" - 72" diameter 1 If I 4- ~ l,.,t~) Medium Oeaning 8" - 12" diameter 1 It -2, PA ) 14" - 18" diameter 1 It ~..,C) D 20" - 24' diameter 1 If r:::::. hO 27" - 42" diameter 1 If I 0 I (") 48" - 72" diameter 1 If iJ).2-D Heavy Cleaning 8" - 12" diameter 1 It ::s .. 7:> 14" - 18" diameter 1 If 4 02)0 20" - 24" diameter 1 It --, . cl D 27" - 42" diameter 1 If (<- Cb 48' - 72' diameter 1 If '7.. y. ,7-0 Root Removal 8' - 12" diameter 1 If L ,20 14" - 18" diameter 1 If - 4,) 20" - 24" diameter 1 If L .';:-0 27" - 42" diameter 1 If j~ .70 48" - 72" diameter 1 If 9, ~ Tuberculation Cleaning 8' - 12' diameter 1 If 2c. 20 14' - 18" diameter 1 If ?, S" ' '1 0 20" - 24" diameter l' If -J. 'j - :ss .00 27" - 42" diameter 1 If ....., ~ 40. OD 48' - 72' diameter 1 If Ll 7 77.> ! I Page 1 of 1 CIPP RehobiIJtot1on SeNICe$ PriCing Sr\e€1 City of Melbourne RFP-10-111-D-200S CIPP Rehabilitation. Storm Sewer Mains DESCRIPTION EST. QTY UNIT UNIT COST 15" diameter 1,000 If 6,0 mm normal thickness (,236) I If c;:~ . 60 7.5 mm normal thickness (,295) 1 If 1_,' :::;s."" 9,0 mm normal thickness (.354) 1 If 7-- ~ . ;)() 18" dIameter 2.000 If 6.0 mm normal thickness (,236) 1 If (0:.\ . ,:" (\ 7.5 mm normal thickness (.295) 1 If 6~.So 9.0 mm normal thickness (,354) 1 If (o.~O 10.5 mm normal thickness (,413) 1 If c;:>~:: 9D 21" diameter 100 If 6,0 mm normal thickness (,236) 1 If 9.?LD 7,5 mm normal thickness (,295) 1 If p.'C.. ~,<-" 9.0 mm normal thickness (,354) 1 If q 7 ...<-1-0 10.5 mm normal thickness (,413) 1 If CjCj 00 it' 12.0 mm normal thickness (.472) 1 If jr':2, 4fi 24" diameter 4,900 If 9.0 mm normal thickness (,354) 1 If C/3D 10,5 mm normal thickness (,412) 1 If ;1'.2. ~o 12,0 mm normal thickness (,472) 1 If I 07. ~) 13,5 mm normal thickness (,531) 1 If I 7/t'~ 15.0 mm normal thickness (,591) 1 If 1/ 70 27" diameter 100 If 9,0 mm normal thickness (.354) 1 If Q140 10.5 mm normal thickness (,413) 1 If IO~,yO 12.0 mm normal thickness (.472) 1 If I 1'\~,rl 0 13.5 mm normal thickness (.531) 1 If /4 L4--0 15.0 mm normal thickness (,591) 1 If II q /JD . 30" diameter 2,100 If 9.0 mm normal thickness (,354) 1 If 10.5 mm normal thickness (.413) 1 If 12,0 mm normal thickness (,472) 1 If - 13.5 mm normal thickness (,531) 1 If 15.0 mm normal thickness (.591) 1 If :)6" diameter 2,200 If 1 0.5 mm normal thickness (,413) 1 If 12.0 mm normal thickness (,472) 1 If 13,5 mm normal thickness (,531) 1 If 15.0 mm normal thickness (,591) 1 If 16.5 mm normal thickness (.650) 1 If 18.0 mm normal thickness (.709) 1 If Page 1 of 3 CIPP Rehabilitation Services Pricing Sheet City of Melbourne RFP-10-111-Q-2005 DESCRIPTION EST. QTY UNIT UNIT COST 42" diameter 100 If 10.5 mm normal thickness (.413) 1 I~ \ 34 2"':" 12.0 mm normal thickness (.472) 1 if 1 ~.;;. 7X' 13.5 mm normal thickness (.531) 1 If I S"S. \ C' 15.0 mm normal thickness (.591) 1 If \ tel 20 16.5 mm normal thickness (.650) 1 If \ clC, 3[) 18.0 mm normal thickness C. 709) 1 If 262. 4-C;) 48" diameter 200" 12.0 mm normal thickness (.472) 1 If I q ~ ,cD 13.5 mm normal thickness (.531) 1 If /" I .. "20 15.0 mm normal thickness (.591) 1 If '7'"Q. 7..b 16.5 mm normal thickness (.650) 1 If ::Z2..7. G.C 18.0 mm normal thickness (.709) 1 If 741. &::;C 19.5 mm normal thickness (.768) 1 If -7 s::::7. ,L:C 21 .0 mm normal thickness (,827) 1 If L- '-.t), A L 52" diameter 350 If 10.5 mm normal thickness (.413) 1 If "22::S .30 12.0 mm normal thickness (.472) 1 If 7,,2,,20 13.5 mm normal thickness (,531) 1 If 244 2 D 15.0 mm normal thickness (.591) 1 If 2S5.20 16.5 mm normal thickness (.650) 1 If '2b.l"~O 18.0 mm normal thickness <.709) 1 If -L ( 8. ~ C 19.5 mm normal thickness (.768) 1 If Zq ~:/C 21.0 mm normal thickness (,827) 1 It ~C4 . 1r: 22.5 mm normal thickness (.886) 1 If 322..0 C 54" diameter 1,750 If 10.5 mm normal thickness (,413) 1 If''2.2 ~ :"?, () 12.0 mm normal thickness (.472) 1 If"z?::'3 . ZO 13.5 mm normal thickness (.531) 1 If 7. q.L.\.. 20 15.0 mm normal thickness (.591) 1 If '7 C:;::;, 20 16.5 mm normal thickness (.650) 1 It 7l-i . '-3 t 18.0 mm normal thickness (.709) 1 If /fi~,3C 19.5 mm normal thickness (.768) 1 If L C( :<, .70 21 .0 mm normal thickness (.827) 1 If <, ~ ./ (...) 22.5 mm normal thickness (.886) 1 If 3"72.3D Page 2 of 3 CIPP Rehobllltcrhon Services Pricing Sheel City of Melbourne RFP-lO- 111-0-2005 DESCRIPTION EST. QTY UNIT UNIT COST 60" diameter 100 If 10.5 mm normal thickness (,413) 1 It 4.\4/~. 12,0 mm normal thickness (.472) 1 If LL2. L( 1-,[, 13,5 mm normal thickness (.531) 1 If L ,.S/.DC 15.0 mm normal thickness (.591) 1 If L ,A.(i <; 0 16,5 mm normal thickness (.650) i If 4/..4 W 18,0 mm normal thickness (.709) 1 If 4. Tl 4D 19.5 mm normal thickness (.768) 1 If L rCr\ , 70 21.0 mm normal thickness (.827) 1 If $11,~D 22.5 mm normal thickness (.886) 1 If 5 "29, ex:;, 72" diameter 6.000 If 10.5 mm normal thickness (.413) 1 If CJ:f I D 12.0 mm normal thickness (.472) 1 If IOb~..2D 13.5 mm normal thickness (.531) 1 If l')lf ,/--l> 15.0 mm normal thickness (.591) 1 If C~t! ,cD 16.5 mm normal thickness (.650) 1 If 1-\4-/"2.0 18.0 mm normal thickness (.709) 1 If OJ ~ ,HJ 19.5 mm normal thickness (.768) 1 If O- f. .t:i) 21.0 mm normal thickness (.827) 1 If ", ,40 22.5 mm normal thickness (.886) 1 It Ir,,\.Q) \ , Page 3 of3 CIPP Rehabilitation Service:; PrICing Sheer City of Melbourne RFP-l 0- 11 HJ..2005 Cleaning and Inspection - Storm Sewer Mains DESCRIPTION QTY UNIT UNIT COST TOTAL Light Cleaning and Inspection 8" .. 12" diameter 1 If S 2,n:> .. 1Ll".. 18" diameter 1 If S ::<,gn .. 20".. 24' diameter 1 It S t::::, I 0 .. 27" .. 42" diameter 1 It S I,., ,-)0 .. 48' .. 72' diameter 1 If $ 1':;;:-;0 .. Medium Cleaning 8" .. 12" diameter 1 If $ . ~ qD .. 14".. 18" diameter 1 If S -S-. (\:) .. 20" .. 24" diameter 1 If S (.., -:-II) .. 27' .. 42" diameter 1 If S 10.10 - 48' - 72" diameter 1 If $ -; .4fj- Heavy Cleaning 8".. 12" diameter 1 If $ 4.Pi) .. 14" .. 18' diameter 1 If $ C.0o .. 20" .. 24' diameter 1 If $ L. .Qf)- 27" - 42" diameter 1 If $ }l (_iJ .. 48" .. 72' diameter 1 If $ -:s . =::;D .. Root Removal 8" .. 12' diameter 1 If $ "2 ~O - 14".. 18' diameter 1 If $ 4 'S"D - 20" - 24" diameter 1 If $ ~.~D - 27" - 42' diameter 1 If S L."JlJ .. 48" - 72' diameter 1 If S 10,(0 .. I ~ - Tuberculation Cleaning , 8'.. 12" diameter 1 If $ 2\. 4 U .. 14" .. 18" diameter 1 If $ /J.OV .. 20" .. 24" diameter 1 \ If $ /g 1D .. 27" .. 42' diameter 1 If $ ::sq.qD .. 48' .. 72' diameter 1 If $ <:"r\ I....i) - TOTAL $ - Page 1 of 1 . ..... .., V'tJIUV ~VI ':" L~L CIPP Rehobililolion Service, PlIclng Sheell City of Melooume RFP-10-111-0-2005 Anclllary Services DESCRIPTION QTY UNIT UNIT COST /~ lv-Pass PumDina \l ' 8" diameter 1 If ~ /e:I'-' 'V. /\'~' 10" diameter I If ZJ I~~ 12" diameter 1 11 7~ 15" diameter 1 If :<. CA./ 18" diameter 1 If /., ~.., 21" diameter I If I . C.l~ L"7 - 24" diameter 1 If I '"'::). .;..y 27" diameter 1 If - o 2':::' 30" diameter I If - :,'-- 36" diameter 1 11 L 10, C\..) IRelnstatement of services & pressure SSOc\.") grouting 1 each Traffic Control - FOOT Right of Way Flagman 1 set up bt)l'~ Arrow Board 1 set up 1 PY.. - '2=-' Barricades 1 set up "'2...-;::.(~p.J Lone Dividers 1 set up I D()~ TraHie Control - City RighI of Way Flagman I set up :<'OD~ Arrow Boord I set up lBDGi-' Barricades 1 set up G'-:::J) Lone Dividers I set up lor1~ Traffic Control. County RighI of Way Flagman 1 set up I ? ()(") '-"><' Arrow Boord J set up IRoq Barricades 1 set up '7<:<:b~ Lane Dividers 1 set up ) CXJ~..;2 Easement Access 6" to 12" diameter 1 If :s'~.c) 14" to 18" diameter 1 If L\ . :;'0 20" to 24" diameter 1 If -C:::-(-O 27" to 30" diameter 1 If Q.CO Mobilization I lump sum 4 . [X":(~ Revised Per Addendum #2 dated 11/7/05 Page 1 of 1 The City of Melbourne Purchasing Division ~~'Wi"""~Z _<Irilo.......~~.~!mI~,~;JilIr&'W.;..,l.:;\,..,C""~..,,!l<:f,)'t~~~; ll'Ml'..IIl._''lI'.'!I_...~.,_.'",Altli;o;tIJlCll,_''' - :!i<lIJ':l: 900 E. Strawbridge Avenue . Melbourne, Florida 32901 . (321) 953-6320 . Fax (321) 953-6279 R.EiQtJESTFOR PROPOSAL (R.FP) Issue Date: October 18, 2005 RFP No.: RFP-10-111-0-2005 RFP Title: Cured-In Place (CIPP) Rehabilitation Services November 14, 2005 3:00 PM Pre-proposal Information: None Sealed proposals will be received in the Purchasing Division until the date and time as indicated above. All proposals shall be submitted in sealed envelope(s) (one original and multiple copies as specified) and mailed or delivered to the City of Melbourne Purchasing Division, 900 E Strawbridge Avenue, Melbourne, Florida 32901. The outside of the envelope shall plainly identify the RFP by: NUMBER, TITLE, AND DATE AND TIME OF OPENING. It is sole responsibility of the proposer to ensure that their proposal reaches the Purchasing Div;s;on before the closing date and hour as shown above. Proposals received after the schedule time for opening will not be considered. Any proposal envelope(s) received late will be returned to the proposer unopened. All proposers and the general public are invited and encouraged to attend the RFP opening. Proposals will be opened and recorded. Proposers may obtain RFP documents from DemandStar by OnVia at www.demandstar.com or by calling 1- 800-711-1712. Additionally, proposers may contact the City of Melbourne Purchasing Division at (321) 953-6353 to arrange for RFP documents. For further information contact: Karen Smith, Buyer Phone: (321) 953-6353 Fax: (321) 953-6279 E-mail: ksmith@melbourneflorida.orq David N. McCue Purchasing Manager, C.P.M., A.P.P. Page 1 of29 R~aROSE.f{.:M.E$R~~E,.~ElI8P[ '(nls'$ijeetIjiJil.ls~#t)li'$19ne(fat\l:l"rit(Jft1i8'wlfn;yoUr"'ProposalfeSponse ACKNOWLEDGEMENT OF FORMS I RF'PNO: RFP-10-111-0-2005, CIPP Rehabilitation Services The undersigned hereby acknowledges the receipt of the following document: (Mark allapplicableformsJ (a) - Request for Proposal Cover Sheet (b) - General Instructions and Requirements (c) - Proposer Response Sheet (MUST BE COMPLETED, SIGNED, AND RETURN WITH PROPOSAL) (d) - Statement of No-Proposal (e) - Request for Proposal Form (f) - Specifications (if provided) (g) - Specific Instructions (if provided) (h) - Drawings (if provided) (i) - Other documents (if provided) U) - Addenda (if provided) Addendum No: Dated: Addendum No: Dated: Addendum No: Dated: Addendum No: Dated: PROPOSER'S CERTIFICATION: The signed proposer certifies that he/she has read and thoroughly understands the terms, conditions, and specifications as contained in this RFP, and that the items of material or services offered in their proposal meet the required minimum specifications. It is understood that any item offered as an alternate not meeting specifications might be rejected. Proposer further certifies that all information contained in this proposal is truthful to the best of prop< knowledge and belief and that they are duly authorized to submit the proposal on behalf c vendor/contractor and that the vendor/contractor is ready, willing, and able to perform if awarde proposal. Proposer offers and agrees to furnish the goods and/or services, specified in the RFP, at the prices or rates quoted in their proposal, including the following: Delivery or completion: calendar days after receipt of purchase order. Prices are firm for re-orders for months after award of proposal. The proposer certifies, by submission and signature of this proposal, that the proposer complies fully with the drug-free workplace certificate on Page RFP - 3. Please indicate below, whether proposer's firm meets the drug-free workplace certification: [ ] Does meet Drug-free Workplace Certification [ ] Does not meet Drug-free Workplace Certification TAXPAYER 10, FEDERAL EMPLOYER 10, DR SSAN AREA CODE PHONE FAX COMPANY NAME AOTHORIZEDOf'!'ICe.R'SIGNATuRe.{MANUAJ.) MAILING ADDRESS TYPEDIPRINTED NAME CITY - STATE - ZIP TITLE E-MAIL ADDRESS DATE Page 2 of 29 STATEMENT OF NO-PROPOSAL If your company will not be submitting a proposal in response to this Request for Proposal, please complete and submit this Statement of No-Proposal response to: City of Melbourne Purchasing Division 900 E Strawbridge Avenue Melbourne, FL 32901 RFP Number RFP-10-111-0-2005 Title CIPP Rehabilitation Services Company Name Mailing Address City-State-Zip COMPLETE THE FOLLOWING REASON{S) FOR NO-PROPOSAL Unable to comply with product or service specifications. Unable to comply with scope of work. Unable to quote on all items in the group. Insufficient time to respond to the Request for Proposal. Unable to hold prices firm throughout the term of the contract period. Our schedule would not permit us to perform. Unable to meet delivery requirements. Unable to meet bond requirements. Unable to meet insurance requirements. Other (Specify) Signature Date Page 3 of29 Per Addendum #1 dated 10/29/05 City of Melbourne CIPP Rehabilitation Services RFP-l0-lll-0-200S Table of Contents Paae Number I. OVERVIEW AND TIMETABLE A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Request for Proposal (RFP) Timetable. . . . . . . . . . . . . . . . . . . . 5 II. PROPOSAL PROCEDURES A. Preparation of Proposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Time and Location of Proposer's Presentation . . . . . . . . . . . . . . . 6 C. Effective Period of Proposals. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 D. Right of Rejection by the City of Melbourne. . . . . . . . . . . . . . . . . 6 E. Contract Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 F. Bid/Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 G. Award of Contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 H. Contract Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I. Public Entity Crime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 J. Drug Free Workplace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 K. Additional Terms and Conditions. . . . . . . . . . . . . . . . . . . . . . . . . 7 III. INFORMATION REQUESTED A. General Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 B. Non-compliance with Proposal Specifications. . . . . . . . . . . . . . . . . 10 C. Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 IV. EVALUATION AND CRITERIA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 V. AlTACHMENTS A. Attachment A - Minimum Response Requirements. . . . . . . . . . . . . 29 B. Attachment B - Pricing Sheets. . . . . . . . . . . . . . . . . . . . . . . . . .. separate cover Page 4 of 29 Per Addendum #1 dated 10/29/05 City of ~bourne, Aor~a . ~ PURCHASING DMSION ........ .:;...., - RFP-10-111-0-2005 CIPP Rehabilitation Services Sealed proposals will be received by the Division of Purchasing, City of Melbourne, 900 E. Strawbridge Avenue, Melbourne, Florida 32901, until 3:00 D.m.. November 14. 2005. at which time and place proposals will be opened for CIPP Rehabilitation Services. Proposers shall furnish all of the services described below. At a minimum, the following must be submitted with your proposal (original and six (6) copies of all documents): (1) Completed Proposer Response Sheet (2) Response to Information Requested (Attachment A) (3) Pricing Sheets Once opened, the proposals will be reviewed by a selection committee and presented to City Council for contract award. 1. OVERVIEW AND TIMETABLE A. Introduction The City of Melbourne ['City'') is currently seeking proposals from cured-in place pipe rehabilitation service providers for rehabilitation of sanitary sewer gravity mains and storm sewer lines (8" - 72" diameters). B. Reauest for ProDosal (RFP) Timetable Issue date of RFP October 18. 2005 Proposal due date November 14. 2005 Oral presentations of selected firms to the City December L 2005 Proposed City Council award date January 10. 2006 Proposed contract start date Februarv L 2006 Page 5 of 29 Per Addendum #1 dated 10/29/05 II. PROPOSAL PROCEDURES A. Preparation of Proposal Each proposal shall be prepared simply and economically avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete, accurate and reliable presentation. An authorized representative shall sign the proposal. All information requested should be submitted. Failure to submit all information requested may result in a proposal being considered "non-responsive" and, therefore, rejected. A proposal may be withdrawn prior to the due date/time. B. Time and Location of Proposer's Presentation The top three (3) ranked proposers may be requested by the Selection Committee to provide oral presentations on December 1, 2005. Those proposers will be notified to arrange for specific location, date, and time. C. Effective Period of Proposals All proposals must state the period the proposal shall remain in effect. Such period shall not be less than 120 days from the proposal date. D. Riaht of Reiection bv the City of Melbourne Notwithstanding any other provisions of this RFP, the City reserves the right to award this contract to the proposer that best meets the requirements of the RFP. Furthermore, the City reserves the right to reject any or all proposals and waive any minor irregularity or technicality in proposals received prior to execution of the contract, with no penalty to the City. Any contractor who submits in its proposal any information that is determined by the City to be substantially inaccurate, misleading, exaggerated or incorrect, may be disqualified from consideration. The City will have sole discretion in determining the disqualification of a proposal. E. Contract Neaotiations After a review of the proposals, and possible oral presentations, the City intends to enter into contract negotiations with the selected proposer. These negotiations could include all aspects of services and fees. If a contract is not finalized in a reasonable period of time, the City will open negotiations with the next ranked proposer(s). F. Bid/Performance Bond A Bid Bond will not be required for this RFP submittal. Successful contractor shall be required to provide performance bonding and/or warranties (as necessary) on a "per project" basis. Once a total project cost has been mutually agreed upon by the Contractor and the City (utilizing the Contractor's submitted unit prices), a performance bond shall be issued prior to the start of work. G. Award of Contract The proposer to whom a contract is awarded shall be required to enter into a written contract with the City. This RFP and the proposal, or any part thereof, shall be Page 6 of 29 Per Addendum #1 dated 10/29/05 incorporated into and made a part of the final contract. The City reserves the right to negotiate the terms and conditions of the contract with the selected proposer. H. Contract Term It is the intent to award a contract for an initial1-year period with the option to renew for 2, one-year periods for a possible total of 3 years. The decision to renew the contract will be at the discretion of the City. Cancellation may be made with 120 days advance written notice by either party. 1. Public Entitv Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or qualifications on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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 thirty six (36) months from the date of being placed on the convicted vendor list. J. Drua Free WorkDlace All proposers shall submit the enclosed, duly signed portion of the "Proposer Response Sheet" entitled "Proposer's Certification". The proposer shall have the burden of demonstrating its program compliance with Section 287.087 of the Florida Statutes, and any other applicable state law. K. Additional Terms and Conditions 1. Assianment: Neither party may assign or subcontract any of its rights or obligations under the agreement with the City for CIPP rehabilitation services in whole or in part. Any attempted assignment under the agreement shall be void and of no effect. 2. Indemnification: The provider will indemnify and hold harmless to the City and their agents and employees from the performance of the work and/or litigation under the agreement regardless of whether or not it is caused in part by the party to be indemnified hereunder. If, on account or breach of default or failure to perform by the provider or the provider's obligations under the terms and conditions of the agreement, it shall become necessary for the City to employ an attorney to enforce or defend any of the City's rights or remedies hereunder, the provider agrees to pay all costs and a reasonable attorney's fee incurred by the City in such connections including attorney's fees and costs in any appeals. 3. Failure to observe any of the instructions or conditions in this RFP may constitute grounds for rejection. 4. The City will not be liable for any costs incurred in the preparation of proposals. 5. The City reserves the right to request an interview with any proposer to determine service capabilities in greater detail and to clarify any unclear areas in Page 7 of 29 Per Addendum #1 dated 10/29/05 the proposal. This may include a site visit to the proposer's facilities. The City will not be liable for any costs incurred by the proposer in connection with such an interview (i.e., travel, accommodations, etc.). 6. By submitting a proposal, the proposer certifies that the officer is authorized and has fully read and understands this RFP. Additionally, the officer has full knowledge of the scope, nature, quantity, and quality of work to be performed, the detailed requirements of the services to be provided; and the conditions under which the services are to be performed. 7. The proposer shall furnish such additional information as the City may reasonably require. The City reserves the right to make inquiries of the qualifications of the proposer, as it deems appropriate. 8. The proposer is subject to audits and reviews of its books and records pertaining to its performance under the agreement. These may be performed by the City of Melbourne Staff and it's representatives. 9. All proposals will become the property of the City when received and, as such, will be subject to Florida's Public Records Law. III. INFORMATION REQUESTED A. General Information Response information submitted shall be tabbed to correspond to the sections listed below and shall be in the following order: 1. Tab A: Signed and dated Proooser's Response Sheet 2. Tab B: Vendor Historv and Capabilities Documentation of vendor history and capabilities shall include but not limited to the following: . Number of years in business under the current business name . Location of offices . Profiles of contractor/subcontractor personnel assigned to perform work under this contract . Copies of all contractor/subcontractor personnel's confined space entry and manufacturer installation certifications . Equipment listing 3. Tab C: Product Soecifications Detailed, manufacturer product specifications of the lining system to be used for work under this contract. 4. Tab D: Product Performance Proposer shall provide a reference list that documents the proposed product is commercially proven. For a product to be considered "commercially proven", a Page 8 of29 Per Addendum #1 dated 10/29/05 minimum of 1,000,000 linear feet of successful sanitary sewer system installations and 1,000,000 linear feet of successful storm drain installations in the United Stated must be documented to the satisfaction of the City of Melbourne. In addition, at least 500,000 linear feet of 8" to 18" and 300,000 linear feet larger than 18" of the product shall have been in successful service within sanitary sewer systems within the State of Florida for a minimum of five (5) years. At least 300,000 linear feet of 15" and larger of the product shall have been in successful service within storm drainage systems within the State of Florida for a minimum of five (5) years. (See Part IV - Specifications; Section C - Product Performance) 5. Tab E: Manufacturer Installation Procedures Copies of manufacturer installation procedure documentation. 6. Tab F: Installer Performance Proposer shall provide documentation demonstrati ng that an installer is "commercially proven". NOTE: For an installer to be "commercially proven", the installer must satisfy all insurance, financial and bonding requirements of the City of Melbourne and must have had at least five (5) years active experience under the firm's current name in the commercial installation of the proposed product. In addition, the installer must have successfully installed a minimum of 500,000 linear feet of the proposed product in sanitary systems and 500,000 linear feet of the proposed product in storm drainage systems in the State of Florida. (See Part IV - Specifications; Section D - Installer Performance) 7. Tab G: Safetv Performance Proposer shall include copies of their company's safety logs submitted to the Occupational Health and Safety Administration (OSHA) and those of any subcontractors to perform work under this contract for the 2002, 2003, and 2004 calendar years. NOTE: Prooosal will be reiected if the OSHA loos are NOT orovided with the orooosal submittal. The City of Melbourne reserves the right to reject a proposal based upon past safety performance as evidenced from contractor/subcontractor OSHA logs, references and other means as determined by the City of Melbourne. Safety performance shall be demonstrated by the contractor to the City's satisfaction. 8. Tab H: Bid Bond - REMOVED FROM SUBMITTAL REQUIREMENTS BASED ON ADDENDUM #1 DATED 10/29/05 Page 9 of 29 Per Addendum #1 dated 10/29/05 9. Tab I: Time Frame to Beain work Respondent will provide time frame when respondent will be ready to provide CIPP Rehabilitation services. For example, upon award of contract, within 15, 30, 45 or over 45 days. 10. Tab J: Proof of Insurance Provide proof of insurance per the outlined insurance requirements in the "Specifications Portion" of this RFP. 11. Tag K: Pricing Sheets Vendor shall provide unit costs on the attached "Pricing Sheet" - Attachment B. Prices must be guaranteed for the initial, 1-year term of the contract. After the initial i-year term, any and all fee modifications are subject to the approval of the City. B. NoncomDliance with ProDosal SDecifications The proposal should identify each specific incident of noncompliance with the RFP specifications. C. Pre-Submittal Contact The designated point of contact for this project is Karen Smith, Buyer. If technical or procedural questions arise, Ms. Smith is the only City representative who will respond. She can be reached at: Karen Smith, Buyer; City of Melbourne; Purchasing Division; 900 E. Strawbridge Avenue; Melbourne, Florida 32901; Telephone: 321-953- 6353; Fax 321-953-6279; or e-mail: ksmith@lmelbourneflorida.ora. Contractors must submit their questions/clarifications in writing. Ms. Smith will respond to all questions/clarifications in the form of an addendum so all interested parties will receive the same information. NO OTHER CITY PERSONNEL MAY BE CONTACTED ABOUT THIS PROPOSAL DURING THE SELECTION PROCESS. D. Instructions to ProDosers All proposals shall be submitted in sealed envelope(s), one original and five (5) copies and mailed or delivered to the City of Melbourne Purchasing Division, 900 E Strawbridge Avenue, Melbourne, Florida 32901. The outside of the envelope shall plainly identify the RFP by: VENDOR NAME/ADORES, RFP NUMBER, RFP TITLE, AND DATE AND TIME OF OPENING. It is sole responsibility of the proposer to ensure that their proposal reaches the Purchasing Division before the closing date and hour as shown above. Proposals received after the schedule time for opening will not be considered. Any proposal envelope(s) received late will be returned to the proposer unopened. Vendor's are hereby notified that the use, display or reproduction of the official seal of the City of Melbourne on any submittals, letters, presentation documents or similar information is prohibited by Melbourne City Code. Page 10 of29 Per Addendum #1 dated 10/29/05 IV. SPECIFICATIONS A. General The City of Melbourne is requesting proposals for professional CIPP rehabilitation services for sanitary sewer gravity mains and storm sewer lines (8" - 72" diameter) on a continuing annual contract basis. The term of the agreement will be for a period of one (1) year with an option to extend the agreement for two (2) additional twelve (12) month periods upon mutual agreement for the same prices. The contract shall not exceed three (3) years. B. Scope The contractor shall provide all labor, supervision, materials, equipment and incidentals required for the rehabilitation of various sized sanitary sewer gravity mains and storm sewer lines with resin impregnated cured-in-place pipe (CIPP) in accordance with all applicable City and industry standards. Work assigned under this contract may include, but is not limited to, the following types of projects: . Storm drain and sanitary sewer cleaning . Storm drain and sanitary sewer pre- and post- work inspections . Easement access . Maintenance of Traffic (MOT) . Isolation and by-pass pumping . Cured-In Place Pipe reconstruction . Chemical and physical product testing . Hydraulic capacity testing . Reinstatement of services and pressure grouting . Site restoration C. Product Performance Standard lining products are intended to have a 50-year design life and in order to minimize City of Melbourne's risk, only proven products with substantial successful long- term track records will be approved. Proposed products must meet or exceed ALL of the following criteria to be deemed commercially acceptable. For a productto be considered commercially proven, a minimum of 1,000,000 linear feet of successful sanitary sewer system installations in the United States must be documented to the satisfaction of the City of Melbourne to assure commercial viability. In addition, at least 500,000 linear feet of 8" through 18" and 300,000 linear feet larger than 18" of the product shall have been in successful service within the State of Florida for a minimum of five (5) years. Also, a minimum of 1,000,000 linear feet of successful storm drain system installations in the United States must be documented to the satisfaction of the City of Melbourne to assure commercial viability and at least 300,000 linear feet (15" or larger) of the product shall have been in successful service within the State of Florida for a minimum of five (5) years. Contractor shall provide a reference list Page II of29 Per Addendum # I dated 10/29/05 with the proposal submittal to document this requirement. Reference list shall include name/address of companv/municioalitv within the State of Florida: contact name: teleohone number: and date of installation. D. Installer Performance For an installer to be considered commercially proven, the installer must satisfy all insurance, financial and bonding requirements of the City of Melbourne, and must have had at least five (5) years active experience under the firm's current corporate name in the commercial installation of the proposed product. In addition, the installer must have successfully installed at least 500,000 linear feet of the proposed product in sanitary sewer systems and at least 500,000 linear feet of the proposed product in storm drainage systems. Acceotable documentation of these minimum reauirements must be submitted to the City of Melbourne with orooosal submittal. E. Safety Performance Contractor and all subcontractors related to the performance of this contract shall provide copies of their company's safety logs submitted to the Occupational Health and Safety Administration (OSHA) for the 2002, 2003 and 2004 calendar years with proposal submittal. Proposal will be rejected if the OSHA logs are not provided with the proposal submittal. The City of Melbourne reserves the right to reject a proposal based upon past safety performance as evidenced from contractor/subcontractor OSHA logs, references and other means as determined by the City of Melbourne. Safety performance shall be demonstrated by the contractor to the City's satisfaction. F. EauiDment All contractor/subcontractor equipment shall be sufficient in size and number for work to be done in a timely manner under this contract. All contractor/subcontractor equipment shall be maintained in good operating condition. The City reserves the right to reject any equipment it deems unsafe or insufficient in size and/or number to perform work under this contract. It shall be the sole responsibility of the contractor/subcontractor to replace rejected equipment in a timely manner and at no cost to the City. G. Materials a. All materials specified by name, brand or manufacturer shall be delivered to the job site in original containers. Contractor shall obtain printed instruction and special bulletins for the man ufacturer-recommended safety precautions. Contractor/subcontractor personnel will have copies of the manufacturer- recommended safety precautions available at the work site to ensure all work is performed in a safe manner. b. The contractor shall be responsible for obtaining potable water from the City for use on the project. A construction meter must be obtained and all appropriate fees paid prior to the start of work. The contractor will then be responsible for paying all potable water used at standard City rates. Page 12 of29 Per Addendum #1 dated 10/29/05 H. Contractor Reauirements a. The contractor shall employ adequate staff to perform the services required. Staff should include: Project Representative, Project Manager, Field Supervisor and Senior Foreman. Staff shall be proficient and experienced in all phases of services mentioned. b. The contractor shall perform all work and shall be a licensed contractor for these services. c. The contractor shall be certified in confined space entry (OSHA) and traffic control. d. Cleaninq of Storm Drain and Sewer Lines: The contractor shall remove and properly dispose of all internal debris from the inside of storm drain and sewer lines that will interfere with the installation of CIPP. e. Bvoassing Sewaqe: The contractor shall provide for the flow of storm water and sewage around the sections of pipe designated for reconstruction. The bypass shall be made by plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole by way of restrained watertight pipe. The pump(s) and bypass lines shall be of adequate capacity and size to handle the average daily flow. Backup bypass pump(s) of adequate size and capabilities shall be on site at all times of by-pass pumping. f. TV & Insoection of Pioelines: Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by close circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions which may prevent proper installation of CIPP into the pipelines and it shall be noted so that these conditions can be corrected. A video tape and suitable log shall be kept for later reference by the City. Post-construction inspection and video tape and log shall be performed by the contractor to be submitted to the City. All videotaping shall be witnessed by a City representative as it is being performed. g. Manhole/Liner Interface: It shall be the responsibility of the contractor to make a watertight seal at the interface where the liner/host pipe meets the manhole. h. Service Reconnection: Service reconnection refers to the reinstatement of the house service connection of the sewer main after the installation of Trenchless Pipe Reconnection System. This is accomplished from within the sewer main via a remote controlled cutting device. i. Service with Pressure Groutinq: Service wye to be pressure grouted after mainline has been rehabilitated and service line re-instated. A non-shrinking chemical grout is to be used (Avanti 118/101 or Cues Quickseal 105 are acceptable). The contractor shall provide trenchless reconstruction of service Page 13 of29 Per Addendum #1 dated 10/29/05 laterals and main line sewers. The contractor shall have the capability of . performing services which include televised inspection, data collection, system flow analysis and pipeline reconstruction. j. The contractor shall provide services that include safety measures for both the public and workers and shall coordinate all scheduling with the City. k. The contractor shall be completely responsible for the control fo the environment of the work site during on-site operations. All precautions shall be taken by the selected contractor to protect the workers, public and City staff from the exposure to harmful or hazardous substances within the sewer system. I. The contractor shall be responsible for all traffic control during operations and bypass pumping. The cost for traffic control is included in the overall cost of the project. m. The contractor shall be responsible for the disposal of all waste materials and shall transport waste materials to the nearest Melbourne Wastewater Treatment Plant for processing. City shall approve all waste material disposal schedules. The selected contractor shall be responsible for all waste material spills and clean-up in the loading, hauling and unloading of the contractor's equipment. n. The City of Melbourne requires that an approved backflow prevention device be properly installed inline to the fresh water fill line of all jetting and/or .. vacuum equipment. o. The contractor shall be responsible for conforming to any and all requirements regarding hauling and disposal of wastes from each work site in accordance with OSHA regulations and those that may be mandated by federal, state or local governments. p. The contractor shall ensure that all waste material transporters possess all required federal, state and local regulations, including but without limitation, 40 CFR Part 263, "Standards Applicable to Transporters of Hazardous Waste" and Chapter 17-730, Part 3, Florida Administrative Code, as may be amended from time to time. q. The contractor shall prepare a report of each TV inspection and analysis, as required by the City, to be submitted to the City. The City shall then make the scope of work determination. r. The contractor shall inform the City of its planned work schedules and shall afford the City reasonable opportunity to observe and inspect the contractors work in process. The City will be advised of all schedule changes and notified when a work site is left for a 24-hour period when work is not complete. Contractor shall have established offices and be licensed to do business in the State of Florida. Page 14 of29 Per Addendum #1 dated 10/29/05 I. Contractor I Subcontractor EmDlovee Conduct and ADDearance a. Conduct: 1. Contractor and subcontractors shall follow all applicable industry standards, federal, state, and local laws/ordinances as related to described work. 2. All on-site employees shall have current confined space entry certification. 3. Any contractor or subcontractor employee reporting to a work site smelling of alcohol will not be allowed to stay at the work site. Vendor shall be responsible for immediate replacement of the employee in a timely manner and at no cost to the City. 4. It shall be the sole responsibility of the contractor/subcontractor to provide trained supervision at the work site to ensure work is performed in a safe manner. 5. Any damage resulting from the negligence of contractor or subcontractor employee(s) to City property or equipment shall be corrected by the contractor in a timely manner, to the City's satisfaction and at the contractor's sole expense. b. Appearance: 1. Contractor and subcontractor employees assigned to work under this contract will have an appearance that is neat and clean. 2. Contractor and subcontractor employees shall, at minimum, wear a work shirt identifying their company name. J. Licenses I Permits It shall be the responsibility of the Contractor to obtain all necessary municipal and other governmental licenses/permits and approvals or consent from utilities or carriers such as the telephone company, power company, and/or other persons/organizations upon whose property or authority performance of work under the contract might impinge. K. Storm Drain and Sanitary Sewer Cleanina a. Scooe: Work performed under this section includes removal and disposal of all dirt, roots, grease, solids, or semi-solids from storm drain pipes, sanitary sewer mains and manholes as indicated on the drawings and as specified herein to the extent that video inspection, flow isolation, and manhole inspection can be performed. b. Oualitv Assurance: Cleaning operations shall be conducted by experienced personnel who have previously been engaged in cleaning operations of similar size and complexity to the work described herein. A contractor conducting cleaning operations on existing storm drain and sewer lines shall have four (4) years experience in cleaning existing storm drain and sewer lines using the equipment specified herein and shall have successfully completed projects containing a total of at least 200,000 linear feet of each within the past two (2) Page 15 of29 Per Addendum #1 dated 10/29/05 years. The contractor conducting cleaning operations on new storm drain and sewer lines shall have four (4) years cleaning experience in cleaning new storm drain and sewer lines using the equipment specified herein and shall have successfully completed projects containing a total of at least 200,000 linear feet of each within the past two (2) years. c. Submittals: 1. The contractor shall submit a Cleaning Log Sheet for the purposes of recording pertinent information relative to the storm drain and sanitary sewer structures being cleaned. 2. Material Safety Data Sheets (MSDS) submittals shall be made for all chemical cleaning agent proposed for use under this contract. d. Products: The equipment selected for cleaning shall be capable of removing all accumulated dirt, sand, grease, rocks and other deleterious materials and obstructions from the storm drain and sewer lines. All equipment used for cleaning operations shall be designed and intended to do the type of work which is specified. When at all possible, the equipment shall be a self-contained unit to handle all operations. The equipment used shall be the product of a manufacturer actively engaged in the research, development and manufacturing of said equipment. Any violations of these specifications may be grounds for removal of the equipment and replacement with equipment meeting these specifications, at no additional cost to the City. 1. Hiqh Velocitv Cleaninq Equioment: All high velocity hydraulic sewer cleaning equipment shall be truck mounted. The equipment shall have a minimum of 500 feet of 3f4 inch I.D. high pressure hose with a selection of two or more high velocity nozzles. The nozzles shall have a capacity of 30 GPM at a minimum working pressure of 1000 psi. The nozzles shall be capable of producing a scouring action from 150 to 450 in the direction of cleaning and perpendicular to the sewer axis in all size lines designated to be cleaned. Equipment shall also include a high velocity gun for washing and scouring manhole walls and floor. The gun capacity shall equal 3.5 to 27 GPM at between 200 and 800 psi. The gun shall be capable of producing flows from a fine spray to a long distance solid stream. The equipment shall carry its own 1200 gallon (minimum) water tank capable of holding corrosive or caustic cleaning, sanitizing or degreasing chemicals if required by the City, auxiliary engines and pumps, and hydraulically driving hose reel. All controls shall be located so that the equipment can be operated aboveground. 2. Hvdraulicallv Prooelled Cleaninq Equioment: Hydraulically propelled cleaning equipment used shall be a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the storm or sewer systems. Storm/Sewer cleaning balls or other such equipment which cannot be collapsed instantly will not be considered as acceptable cleaning equipment. The movable dam shall be of equal diameter as the Page 16 of29 Per Addendum #1 dated 10/29/05 pipe being cleaned and shall provide a flexible scraper around the outer periphery to insure total removal of the grease or obstruction. 3. Mechanical Cleaninq Equioment: Bucket machines shall be in pairs with each machine powered by a minimum of a 16 horsepower engine to insure sufficient pulling power. Each machine shall be equipped with a two speed transmission and shall be able to pull at rates of 175 feet per minute in high speed. The belt clutch gear reduction shall be a combination of approximately 83 to 1 reduction in low speed and 55 to 1 in high speed. The power rodding machine shall be of a "continuous rod" type capable of holding a minimum of 750 feet of rod. The machine and rod shall be specially treated steel, designed for the purpose intended. The machine shall have a positive rod drive and product a 2,000 pound rod pull. To insure safe operation, the machine shall have a fully enclosed body and an automatic safety throw-out clutch or relief valve. The final pass shall be with a brush large enough to assure that the line has been cleaned sufficiently. This brush shall be mechanically driven, with the power mechanism properly sized. All electrical drops required by the contractor shall be arranged by the contractor. 4. Caoture and Removal of Debris: The contractor shall furnish equipment standard in the industry for the purpose of preventing debris from being washed past the manhole downstream of the line segment being cleaned, and for removing the debris from the manhole. 5. Water Requirements: The City shall provide access to water via fire hydrants for cleaning, inversion and other work items requiring water. It shall be the Contractor's resoonsibilitv to olace necessary deoosit and obtain the orooer meter from the Citv of Melbourne. All costs incurred in obtaining and delivering the potable water shall be borne by the contractor. Only potable water shall be used for this work. e. Execution: 1. General: It is the intent of these specifications to provide a basis by which a storm drain or sanitary sewer line can be cleaned of all debris so that further work can be carried out. The designated storm drain and/or sanitary sewer lines shall be cleaned using high velocity, hydraulically propelled or mechanically powered sewer cleaning equipment as specified. Selection of the equipment used shall be based on the conditions of the lines at the time the work commences. The equipment and methods selected shall be satisfactory to the City. Cleaning of storm drain or sewer lines shall be accomplished by trapping and collecting all sand, debris, grease and other materials, at the next manhole downstream of the line being cleaned and removal and proper disposal of said materials. The cleaning operations may also provide a means by which the storm drain or sewer line can be threaded, i.e., a cable inserted in the line so that the television camera may be pulled through. Once a section of pipe has been televised and accepted as complete, no cleaning may occur to sections upstream. Page 17 of 29 Per Addendum #1 dated 10/29/05 2. Site Visit: The contractor shall be responsible for conducting a physical reconnaissance of the area to be cleaned in order to verify the location of known and/or accepted manholes. The contractor shall utilize a magnetic locator to attempt to identify the location of buried manhole cover and notify the City representative so that City personnel can excavate it and bring it up to grade prior to cleaning. Under no circumstances shall the contractor excavate buried manholes without prior contractual authorization from the City. f. Hvdraulic Cleaninq Methodoloqy: 1. High Velocity Cleaning Methodology: High velocity hydro-cleaning shall consist of cleaning and flushing of the storm drain or sewer line by means of water pumped into the line at a high velocity. This shall be accomplished using approved equipment to deliver water to a self- propelled nozzle to do the necessary cleaning and flushing. As many passes as necessary shall be made to sufficiently clean the storm drain or sewer line. Satisfactory precautions shall be taken to protect the storm drain or sewer line from damage that might be inflicted by the improper use of cleaning equipment. 2. Hydraulically Propelled Methodology: Whenever hydraulically propelled cleaning tools, which depend on water pressure to provide their cleaning force, or any tools which retard the flow of water in the storm drain or sewer line are used, precautions shall be taken to insure that the water does not cause damage of flooding to the public or private property being served by the manhole section involved. 3. Capture and Removal of Debris: When hydraulic cleaning equipment is used, a suitable weir or dam shall be constructed in the downstream manhole in such a manner that both the solids and water shall be trapped. This trapped solution shall then be pumped, using a method approved by the City, from the manhole into a retention chamber aboveground. The retention chamber shall contain not less than two baffles to insure complete settlement of the solids before returning the liquid to the storm drain or sewer line. g. Mechanical Cleaninq Methodoloqy: 1. Rodding: Cleaning shall be with a power-driven continuous steel rod of sufficient length and gauge with the proper cleaning heads or augers, so as to loosen all solids or other materials. It shall also provide a means to thread a cable for the power winch. Page 18 of29 Per Addendum #1 dated 10/29/05 2. Bucket Machine: Removal of all solids, materials and other debris shall be by means of a clam-shell type bucket and/or other appliances dragged through the storm drain or sewer line with power winches of suitable size and horsepower. 3. Supplemental Cleaning: After all material has been removed by mechanical cleaning, a minimum of one pass using hydraulic cleaning methods shall be performed to insure complete removal of material from the walls of the pipe. Any damage to pipes will be repaired. 4. Capture and Removal of Debris: When mechanical cleaning equipment is used, debris captured in the downstream manhole shall be removed in a manner approved by the City, or as described above. h. Soecial Cleanina Reauirements for Cast Iron Pipe: After cleaning pipe of normal sewage deposits such as sand and grease by methods above, the pipe shall be cleansed of tuberculation, including rust build-up and mineral deposits. For pipe diameters greater than 24-inch, the contractor may choose any equipment necessary to remove the tuberculation, such as a "pig" or rodder; however, no equipment shall be used which may damage the pipe, manholes, street or downstream pump stations. For pipe diameters less than or equal to 24-inch, all tuberculations shall be removed using a high pressure water blaster capable of delivering a minimum of 40 gallons per minute at a pressure of 10,000 psi. Where practical, the line shall be proofed by pulling a slip lining pulling head for the size of the pipe involved through the pipe to insure that no restrictions remain. The contractor may choose a similar proofing device acceptable to JEA. i. Sanitary Sewer Manhole Modifications: Any modifications to manholes to facilitate cleaning shall be the contractor's responsibility and shall be subject to approval by the City. Contractor shall salvage and reuse all manhole covers and rings that are removed during sewer line and manhole rehabilitation. j. Material Removal and Cleanup: 1. Material Removal: All sludge, dirt, sand, rocks, grease and other solid or semi-solid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section will not be permitted. Under no circumstances will the contractor be allowed to accumulate debris, sand, etc., on the site of work beyond the time limit approved by the City, except in totally enclosed containers, and only with the written approval of the City. All solids or semi-solids resulting from the cleaning operations shall be removed from the site and disposed of at a location approved by the City. 2. Root Removal: All roots shall be removed. Special attention shall be given during the cleaning operation to assure complete removal of roots from joints in lines and manholes. Chemical root treatment may be used at the option of the contractor. Page 19 of29 Per Addendum #1 dated 10/29/05 When chemicals are used to aid in removal of roots, the chemical shall be EPA registered and labeled for use in sewer lines and manholes and acceptable to all applicable codes. All material and mixing/application procedures for chemical root treatment shall be consistent with the latest standards, requirements and recommendations of the manufacturer of the chemical root treatment material used. 3. Degree of Cleaning: All dirt, debris, roots and other solid and liquid materials shall be removed from the storm drain or sewer system to the extent that closed circuit television inspection can be performed. Light cleaning only, shall be conducted on all new storm drain and sanitary sewer pipe. A City representative shall define the extent of the cleaning to be performed on existing pipes included within a given work order. The level of cleaning shall be defined as follows: 3.1 Light Cleaning: The removal of % diameter or less of sand an/or debris from a section of pipe. The removal of roots and/or tuberculation. 3.2 Medium Cleaning: The removal of 114 to '12 diameters of sand and/or debris from a section of pipe. The removal of roots and/or tuberculation would be considered a separate line item. 3.3 Heavy Cleaning: The removal of greater than '12 diameter of sand and/or debris from a section of pipe. The removal of roots and/or tuberculation would be considered a separate line item. 4. Manhole Clean-up: Clean-up operations shall consist of cleaning all debris out of the manhole and off the ground around the manhole. This material shall be collected at the downstream manhole and disposed of in a sanitary manner in a location approved by the City. 5. Debris Disposal: All debris removed from the sewer shall be disposed of properly by and at the expense of the contractor. Transportation of debris or other material by the contractor shall be done in vehicles or equipment which contain the debris or other material in such a manner to minimize objectionable odor and avoid the possibility of dripping, spilling, scattering, leaking or blowing. Should mishaps occur for any reason, the contractor shall be responsible for cleaning up any debris or other material to the satisfaction of the City or other authorities having jurisdiction. All vehicles transporting debris or other material shall not exceed the maximum allowable load limits of any road being used. k. Restoration: The contractor shall be responsible for damage to public and private property which occurs as a direct result of the cleaning operations. The cost of restoring any damaged area to conditions prior to cleaning shall be borne by the contractor. Page 20 of29 Per Addendum #1 dated 10/29/05 I. Additional Cleaninq: Should subsequent video inspection of cleaned storm drain or sewers reveal that additional cleaning is required, the contractor shall re-clean the line at no additional expense to the City. Any additional video inspection or re-setup of video equipment required due to re-c1eaning shall be at no additional expense to the City. L. Pre- and Post-Work Insoections: Prior to commencement of any proposed CIPP work and prior to acceptance of any completed CIPP work, the storm drain or sewer lines shall be videoed under the direct supervision of a City representative. A City representative must be on site during the entire inspection procedure period. If video inspection is performed without a City representative present, the video will not be accepted by the City and must be re-done in the presence of a City representative. One (1) copy of the VHS video and associated video logs shall be submitted to the City prior to scheduling the pre-final. If defects or problems are observed on the video, contractor shall meet with City staff to determine the acceptable method of repair. All work involved with repair shall be at no cost to the City. Television inspection is mandatory and required to be provided by the contractor on all storm drain and sewer mains that CIPP work has been done through this contract. Only pan and tilt type cameras will be allowed. Two (2) copies each of the written report and VHS video cassette record of the inspection with audible description of run, direction, location and description of any defect or abnormality shall be provided to the City at the time of the inspection. This shall be a color video with good clarity. No black and white or poor quality videos will be accepted. Television inspection shall be scheduled a minimum of seventy-two (72) hours in advance and a City representative is required to be on-site during entire length of each television inspection otherwise, the television inspection will be deemed invalid. Prior to televised work, all lines shall be cleaned in accordance with Technical Specifications. M. Maintenance of Traffic (MOT) a. It shall be the responsibility of the contractor to furnish all traffic control as per Florida Department of Transportation (FOOT) specifications as outlined in the "Work Zone Traffic Control for Maintenance and Utility Operations" (latest edition) for all aspects of assigned work. b. The contractor shall perform all construction activity so that access to businesses can be maintained at all times and access to occupied homes can be maintained during non-working hours. Prior to access blockage, written notice will be given to the blocked business/resident a minimum of forty-eight (48) hours in advance, either mailed or hand-delivered with a copy of each furnished to the City. c. The contractor shall maintain at least one lane of vehicular traffic at all times. The contractor shall also provide safety barricades and flag persons as required to properly maintain traffic flow. All traffic maintenance requirements continued in the FOOT "Manual on Traffic Control and Safety Pradices" (latest edition) shall be conformed with, and shall be considered to be part of these specifications. The contractor shall prepare and submit a traffic maintenance plan for approval by the City prior to the start of work. Page 21 of29 Per Addendum #1 dated 10/29/05 N. Locates: Contractor responsible for all utility locates. O. Isolation and BVDass ODerations a. Contractor shall be solely responsible for all isolation and bypass operations. The contractor's objective of flow bypass and/or diversion pumping is to maintain an efficient and uninterrupted level of service to wastewater collection system and storm drainage users while maintenance or construction operations (including rehabilitation, repair or replacement) are facilitated on the segment(s) being bypassed and/or from which flow is being diverted by: 1. Ensuring that bypass and diversion pumps are adequately fueled, lubricated and maintained. 2. Ensuring backup spare parts are expeditiously applied to the flow bypass and/or diversion pumping system in the event of component breakdown. 3. Ensure an emergency backup plan is smoothly implemented in the event of system failure. 4. Preventing backup, spillage, flooding or overflow onto streets, yards and unpaved areas or into building, adjacent ditches, storm sewers and waterways while flow bypass or diversion pumping takes place, and 5. Ensuring that installation, startup and subsequent disassembly of the flow bypass and diversion pumping system is smoothly transitioned. b. Flow bypass and diversion pumping shall be done in such a manner so as not to damage private or public property, or create a nuisance of public menace. The pumped sewage shall be in an enclosed hose or pipe that is adequately protected from traffic and shall be redirected into the wastewater collection system. After the work is completed, flow shall be returned to the sewer and all temporary equipment removed. The pumped storm water shall be in an enclosed hose or pipe that is adequately protected from traffic and shall be redirected into the storm drainage system. After the work is completed, flow shall be returned to the storm drains and all temporary equipment removed. c. When pumps are operating, an experienced bypass/diversion pump maintenance operator/mechanic and/or deputy shall continuously be on site to monitor the operation of the entire bypass/diversion system. The operator/mechanic and/or deputy shall comprehensively, methodically and continuously: 1. Adjust pump speed as appropriate so as not to adversely impact upstream or downstream flow condition levels 2. Check that the effectiveness and security of bulkheads, dams, diaphragms, plugs, valves, weirs and all other flow control devices are working effectively and according to plan. 3. Check the integrity of hoses and couplings along the entire bypass/diversion system. Page 22 of 29 Per Addendum #1 dated 10/29/05 4. Monitor lubrication levels and top off as necessary 5. Facilitate minor repairs as required 6. Report to City on problems arising. d. The contractor shall be solely responsible for planning and executing sewer flow control, bypass and diversion pumping operations. The contractor shall be entirely liable for damages to private or public property that may result from his/her operations and for all cleanup, disinfection, damages, and resultant fines in the event of spillage, flooding or overflow. e. In the event of accidental overflow or spillage, the contractor shall immediately stop the overflow and take action to clean up and disinfect the spillage. The City shall be notified immediately and in any event not less than twenty-four (24) hours following the occurrence. Should fines be subsequently imposed as a direct result of the overflow or spillage and the contractor is deemed to be entirely responsible, the contractor shall pay such fines as are imposed by the authorities. The City shall pay no fine(s) where it is shown the contractor was entirely responsible for any overflow or spillage. f. Once by-pass pumping is underway at any given site, work shall be completed as efficiently as possible without interruption. g. The level of noise emitted from pumps must be within local regulations/ordinance parameters. P. Work Intearation a. Hours of Operation: All work will be conducted during normal City work hours (7:30 a.m. to 4:00 p.m.), Monday through Friday with the exception of City- observed holidays, unless circumstances prevent such scheduling. Such circumstances may include, but not limited to, structures with high peak flows, negative impact of business or excessive traffic flow if structure is located in vehicular thoroughfare. In such circumstances, "off hours" work will be required. This work may include late night and/or early morning hours and weekends. Such scheduling shall be agreed upon by both the contractor and the City prior to the start of work. Contractor overtime and other contractor-related costs shall be absorbed by the Contractor. b. Work Coordination: All work shall be coordinated between a single point of contact for the contractor and the City of Melbourne designated project manager. Discussion of structure conditions will be made before work starts and final payment based on conditions agreed to at time of work. It shall be the responsibility of the Contractor to notify the City a minimum of seventy-two (72) hours prior to the commencement of work in order for City personnel to be available to monitor and coordinate activities. Page 23 of 29 Per Addendum #1 dated 10/29/05 Q. Work Product Submittals a. Byoass Pumpinq: Submittals for the by-pass pumping plan are to be submitted and approved no less than two weeks prior to execution of the work. The contractor is not to mobilize prior to approval of the pumping plan. b. Videotaoinq: Contractor is to submit. one copy of video taped inspection prior to the start of work and after CIPP lining is completed for each project. R. Site Restoration The contractor shall restore the work site(s) on a daily basis where practical. All obstructions shall be cleared from roadways, sidewalks, bike paths and other public thoroughfares daily, to the largest extent possible. A public nuisance will not be created during restoration activities. All restoration activities are to be completed within a minimum of fourteen (14) calendar days of work being finished in a work area. S. Insurance Reauirements Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. a. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office's form providing commercial general liability insurance which must include coverage for prem ises/ operations, contractual liability, independent Contractors, additional insured endorsement, broad form comprehensive general liability, broad form property damage, products, completed operations, Contractors pollution liability, personal injury, and explosion, collapse, and underground hazard. 2. Insurance Services Office's forms providing Automobile Liability, code 1 "any auto" including hired and non-owned autos endorsement. 3. Workers' Compensation insurance and Employers Liability insurance. a. Minimum Limits of Insurance: Contractor shall maintain limits no less than: 1. General Liability: $3,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liabilitv: $1,000,000 combined single limit per accident for bodily injury and property damage 3. Workers' Compensation and Emolovers Liability: Workers' compensation and Employers Liability limits of $1,000,000 per accident. Page 24 of 29 Per Addendum #1 dated 10/29/05 b. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. c. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Comoensation and Emolovers Liabilitv Coveraqe The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3. All Coveraqes: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Board Form Indemnification Agreement - All contractual liability insurance policies (general liability, auto liability, and workers' compensation) maintained pursuant to this contract shall include the provision of the following hold harmless clause: The Contractor agrees to indemnify, save harmless and defend the City, its officers, City Attorney, managers and employees, and each of them against and hold it and them harmless from any and Page 25 of 29 Per Addendum #1 dated 10/29/05 all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by the Contractor and performed or caused to be performed. 4. Acceptabilitv of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A:VII 5. Verification of Coveraqe: The Contractor shall file with the City Clerk and shall keep in full force and effect at all times during the term of this contract, a certificate of insurance and original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf naming the City of Melbourne, Florida, as an additional insured including a waiver of subrogation provision evidencing general liability, auto liability, and workers' compensation coverage. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 6. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. T. Pavment Monthly invoices shall be mailed to City of Melbourne, Accounts Payable, 900 East Strawbridge Avenue, Melbourne, Florida 3290l. U. Fee Modification . With prior written approval from the City of Melbourne, the Contractor shall have the ability to adjust the prices set forth in the bid/contract documents commensurate with the contractor's increased cost for resin and the change in the consumer price index. Pricing adjustments will be effective at the first date of the new contract year - no mid-term adjustments will be permitted by the City. Within thirty (30) days after contractor gives notice to the City of a price adjustment, the City may request an audit for the purpose of verifying the price adjustment. In the case of a price adjustment, no adjustment will be allowed on work orders which have already been issued by the City to the contractor. In making any price adjustment proposal, the contractor shall notify the City, in writing prior to the renewal of contract, the specific price adjustments requested using the following formula: (25% x increase cost of resin) + (75% x CPI index) = Total increase on all prices on the price schedules. Page 26 of 29 Per Addendum #1 dated 10/29/05 For example, if the cost of resin increases 10% and the CPI Index increases 2%, the toal increase for all prices would be: (25% x 10%) + (75% x 2%) = 4% increase (rounded to the nearest $0.01). The specific consumer price index used shall be the following: Population Coverage: CPI-U (all urban consumers) Area Coverage: U.S. City Average Series Title: All items Index Base Period: 1982-84 = 100 Reference Range: 12 month period ending 12/31 which is released in mid-January. V. Post Award Meetina Vendor shall attend a post award meeting with City of Melbourne staff within ten (10) calendar days after the award of the contract. Vendor shall provide a list of questions/concerns no later than five (5) working days before the meeting. The purpose of this meeting will be to discuss the terms and conditions of the contract and to provide additional information regarding service, which shall be executed by both parties. Additionally, further discussion about the forms, format requirements and other details related to the performance under this contract will be discussed at this meeting. V. EVALUATION AND AWARD CRITERIA The City's staff shall conduct an evaluation of all proposers on the basis of the information provided with the proposal and other evaluation criteria as set forth in the RFP. Recommendation for award will be made to the highest rated proposer as determined by the City's staff in accordance with the award criteria. Selection will be made from a short list of proposers deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation criteria listed below: Criteria Score Weiaht Max. Pts. Possible Provided references that verified 25 10 250 product performance in conditions similar to the work to be performed in the City of Melbourne Provided references that verified 25 10 250 installer performance for work similar to that of the work to be performed for the City of Melbourne Provide documentation and 25 20 500 references to verify the vendor's Safety practices and safety history for contractor and any subcontractor in the performance of work similar to work to be performed for the City of Melbourne Page 27 of29 Per Addendum #1 dated 10/29/05 Price 15 10 150 Office and staff location 10 5 50 TOTAL 100 1.200 VI. ATTACHMENTS A. Attachment A - Minimum Response Requirement B. Attachment B - Pricing Sheet Page 28 of 29 Per Addendum #1 dated 10/29/05 ATTACHMENT A MINIMUM RESPONSE REQUIREMENTS (PROVIDED FOR INFORMATION ONLY) Respondent Name: Respondent submitted the following: Yes No Respondent Submitted: Completed Proposer Response Sheet Once signed original response (marked "original) and six response copies (marked "copy") Complete proposal as outlined in RFP document Pricing Sheets RESPONDENT MUST SUBMIT THE MINIMUM REQUIREMENTS LISTED WITH RESPONSE SUBMISSION. FAILURE TO SUBMIT THE MINIMUM REQUIREMENTS SHALL DISQUALIFY THE RESPONDENT FROM FURTHER CONSIDERATION Page 29 of29 Per Addendum #1 dated 10/29/05 ISHENA~~s~u~~1 1888 N.W. 22nd Street . Pompano Beach, FL 33069 (954) 975-0098 Fax: (954) 975-9718 PROPOSAL #15122 DATE: March 04, 2008 SUBMITTED TO: Boynton Beach Utilities, City of STREET: 124 E Woolbright Rd. CITY, STATE & ZIP: Boynton Beach, FL 33435 PHONE: (561)742-6476 FAX: (561) 742-6299 JOB LOCATION: Skylake ATTENTION: Les Sarkkinen We propose to furnish a crew and all necessary equipment to slip line CMP pipe, at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: ./' ./' $26,680.00../ Shot 26 42" CMP to 36" HDPE (at $145.00 Per L.F.) 184 L.F. Item 61 Shot 26 Back Hoe (at $45.00 Per Hour) /' 25 Hour " Item 88 $1,125.00/ Shot 26 Cleaning 42" (at $11.00 Per L.F.)J 184 L.F../ Item 22 $2,024.00/' Shot 26 Forman (at $50.00 Per Hour)1 30 Hour ./ Item 82 $1,500.00 ::: Shot 26 Labor (at $35.00 Per Hour) 90 Hour / Item 83 $3,150.00 Shot 26 Operator (at $75.00 Per Hour) I 25 Hour / Item 85 $1,875.00 :/ Shot 26 TV 42" (at $6.00 Per L.F.) ..; 184 L.E/ Item 114 $1,104.00 Total: $37,458.00 This proposal is based on using our current North Palm Beach County Improvement District Contract, project # PRJ-S09 NOTE: Grouting of annular space is included in unit price for slip lining. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. SIGNATURE: 'Danny 'DiMura Danny DiMura K. Daniel ShoRawoy, p.E. Gary M. Rayman, ~S.M. Warren H. Newell ,INC. Brian J. laMotte P.E Keilh B. )ackso~, i>>.E. r fngineers Surveyors GIS Mappers Liso A. Tropepe, P.E ~ C. Andre Rayman, P.S.M., G.I.S.P. Shalloway Engineering NOTICE TO PROCEED July 5, 2007 Daniel OiMura Shenandoah General Construction Company 1888 NW 22nd Street pompano Beach, FL 33069 Re: Annual Repair and Maintenance of Water Control Structures, Pipes, and Storm Drains NPBCID- Various Units of Development NPBClD project No. PRJ-509 SFRN project No. N.A Drainage Dear Mr. DiMura: The Owner has executed lI1e Agreement on June 27, 2007, and we have been authonzed to issue this Notice to Proceed. The Contract Time will commence to run on October 1, 2007. />S stated In the contract documents, the contract time Is from October 1. 2007 to september 30, 2008. At Owner's discretion, annual extensions may be given for four additional years for a total Contract period of five years. J You will be contacted by our office pnor to the commencement date of this contract noted above to schedule a pre_construction conference. We are also returning the bid secunly which you submitted wlll1 your bid and your copy of the executed Agreement. Please execute this Notice to proceed where provided on the next page and return this anginal letter to us immediately, keeping a copy for your records. Please contact me ~ you have any questions. ~a-- ~ Brian J. LaMotte, P.E. Vice President BJL:sjc Enclosures c: Q. Bardin, Jr.. NPBCIO D. Beatty, NPBCIO K. Edwards, Caldwell & Pacetti ( , 2007-07-05 Shenandoah NTP SFRN #N.A Drainage 1201 Belvedere Rood, West Palm Beach, FL 33405 TEL: (561) 655-1 )51 FAX: (561) 832.9390 ~.. ., ,_l_Ifrl..I,n;nr rflm Official Website: www.sfrninc.com Receipt of this Notice to Proceed is hereby acknowledged this J3 day of 2007 I by: Shenandoah General Construction Company Signature '- ~ l~ '0^-QiL,-Je~~ Title 2007..Q7-05 Shenandoah NTP SFRN #N.A Drainage f - PROJECT MANUAL Annual Repair/Maintenance of Water Control Structures, Pipes, and Storm Drains Project No. 509 March 2007 ( K. DanielShalloway, P.E. SIfIN... '.. GaryM.Rayman,P.S.M. '.- Warren H. Newell Brian J. LaMotte, P.E. . ., IHe. Keith B. Jackson, P.E. l:ngineers Surveyors GIS Mappers Lisa A. Tropepe, P.E C Anare Rayman, P.S.M., G./.S.P. ".,.;.o;,1n~11l", ...::;. ""~. '<J.~'1; ;,.r. ,.',". 'l~k...O-'-[~~' ?'-.:,..~V." _-':f....._J;..t'~:'i!ull'trIImo-_.-:~-..:......ttMJl&..r.-~ r-- J I lIJ Shal/oway Engineering Memorandum To: Dan Beatty, NPBCID Fax: 624-7839 Ken Edwards, Caldwell & Pacetti 655-3775 Frank Sagarese, Palm Beach Grading, Inc. 842-9824 Margaret Leary, Shenandoah Construction 954-975-9718 Syd Hobbs, Construction Technology, Inc. 882-9697 David Logan, Murray Logan Construction, Inc. 686-7465 Ed Pultz, Johnson-Davis, Inc. 585-5252 Dawn Phillips, Seacoast Utility Authority 624-2839 Joe Ferre, EnviroWaste Services Group, Inc. 305-637-9659 Dan Hayes, Phoenix Hayes 791-3157 Debra Quinn, A.I.T.C. 256-737-1871 From: Brian J. LaMotte, P.E. - District Engin~~ ~ -- . Re: Annual Repair and Maintenance of Water Control Structures, Pipes, and Storm Drains NPBCID- Various Units of Development Addendum No.1 NPBCID PrOject No. PRJ-S09 SFRN Project No. N.A Drainage Date: March 29, 2007 Total Sheets: 18 Page I of2 2007-03-28 MEMO/ADD #1 Addendum #1 SFRN #N.A Drainage /20/ Belvedere Rood, West Palm Beach, FL 33405 TEL: (567) 655./ /5/ FAX: (56/) 832.9390 E-Moil: info@sfrninc.com Official Website: www.sfrninc.com Addendum No.1 Northern Palm Beach County Improvement District Annual Repair and Maintenance of Water Control Structures, Pipes, and Storm Drains NPBCID Project No. PRJ-509 SFRN Project No. N.A Drainage Pursuant to the Instruction to Bidders on this project, you are instructed to make the following modifications and additions to the project contract documents, which modifications and additions shall constitute a portion of the contract documents and be an integral part of the project. The following items shall be incorporated into the contract documents for the Annual Repair and Maintenance of Water Control Structures, Pipes, and Storm Drains project. ~ Meeting minutes from the non-mandatory pre-bid meeting held on March 20, 2007. ~ Revised Bid Tabs (BFU 1-14) dated 03/27/07. Reminder: Bids are due at the offices of SFRN, Inc. 1201 Belvedere Road, West Palm Beach, FL 33405 (P: 561-655-1151) on Wednesday, April 4, 2007 @ 10:00AM. Bidders are to use the enclosed revised bid tabs dated 03/27/07 when submitting their bid proposals. Page 2 of2 2007-03-28 MEMO/ADD #1 Addendum #1 SFRN #N.A Drainage NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ANNUAL REPAIR AND MAINTENANCE OF WATER CONTROL STRUCTURES, PIPES, AND STORM DRAINS NPBCID Project No. PRJ-509 NON-MANDATORY PRE-BID MEETNG MINUTES Tuesday, March 20, 2007 @ 9:00 am 1. Contractor, Owner & Engineer - Discussed. 2. Project Location & Scope - Discussed. Various Units and work. 3. Persons in Attendance Brian LaMotte, SFRN, Inc. Terrence Bailey, SFRN, Inc. Dan Beatty, NPBCID Tim Helms, NPBCID Frank Sagarese. Palm Beach Grading, Inc. 4. Bid Submission: Sealed bids are due at SFRN, Inc. (1201 Belvedere Rd., WPB, FL 33405) on Wednesday, April 4, 2007 at 10:00 am - Submit in triplicate (one original and two copies). . 5. Bid Award Bids shall be reviewed and awarded at the April 25, 2007 NPBCID Board meeting. 6. Contract Times Substantial Completion - 365 Days - September 30, 2008 Final Completion - 365 Days - September 30. 2008 This contract can be extendedfor a maximum offour (4), one (1) year terms based on Board approval. 7. Site Access 8. RFI's All questions shall be submitted to the project engineer (SFRN, Inc.) in writing. Questions shall not be addressed if submitted after March 28, 2007. O:\NPBCID PROJECT NOSlO2020 _ ALL PROlECTSIN.Annual\AnnuaJ bids 2007\N.A DrainagcIBid Related Othcrl2007-0J-20 Prcbid Mlg Minutes.doc 9. Sets of Plans, Specs. Plans and Specifications may be purchased at SFRN, Inc. (1201 Belvedere Rd, WPB, FL 33405, phone 561-655-1151). 10. Questions ~ This contract is for work on an as-needed basis for repair, replacement, modification, and restoration of water control structures and pipes. O:\NPBClD PROJECT NOSI02020 - ALL PROJECTSIN.AnnuaMnnuaJ bids 2007\N.A DrainagelBid Related Othcrl2007-03-20 Prebid Mtg Minutes.doe PROJECT: Annual Repair and Maintenance of Water Control Structures, Pipes, and Storm Drains for Northern Palm Beach County Improvement District TABLE OF CONTENTS NO. OF PAGES DNISION 0 - BIDDING AND CONTRACT REQUIREMENTS 00020 REQUEST FOR BID PROPOSALS .................................................................................... 2 00100 IN"STRUCTIONS TO BIDDERS ... .......... ...... ......... .... ....... ............... ....... ...... ........... ........... 7 00300 BID FORM.... ........... .......... .......... .......... ....... ................... ..................... '" ................. ........... 28 00500 AGREEMENT ............ ......................................................................................................... 4 00501 OPINION OF ATTORNEy................. ........... ........ ..... ..... ..................... ................. ........ ..... 1 00502 CONTRACTOR'S CORPORATE RESOLUTION ............................................................ 1 00610 CONSTRUCTION PERFORMANCE BOND ... .......... .......... ..................... ........... .............. 2 00630 NOTICE OF COMPLIANCE WITH CHAPTER 556, FLORIDA STATUTES ................. 1 . 00670 CONTRACTOR'S AFFIDAVIT TO OWNER .................................................................... 1 00680 APPLICATION FOR PAYMENT ...................................................................................... 1 00681 SCHEDULE OF VALUES AND WORK COMPLETED ................................................. 1 00700 GENERAL CONDITIONS ......... ...................... ...... ................ ....... .......... ......... ................... 33 00800 SUPPLEMENTARY CONDITIONS .................................................................................. 17 00840 LISTING OF DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE.................................. 4 DIVISION 1 - TECHNICAL SECTIONS OF SPECIFICATIONS 01000 GENERAL REQUIR.EMENTS .................... ........................................................................ 4 02748 SLIP LINING.. ......... ..... ............... ........... ......... .................. ......... .... .......................... ............ 1 02749 SPECIFICATIONS FOR CURED-IN"-PLACE PIPE (CIPP) ............................................... 5 TABLE OF CONTENTS 041601-N TC-1 I PROJECT: Annual Repair and Maintenance of Water Control Structures , Pipes, and Storm Drains for Northern Palm Beach County Improvement District Date: March 11 , 2007 00020 REQUEST FOR BID PROPOSAL Sealed Bid Proposals, in triplicate, will be received by the Northern Palm Beach County Improvement District at the office of Northern's District Engineer, SFRN, Inc., 1201 Belvedere Road, West Palm Beach, FL 33405 (Phone 561-655-1151) for water control structures, pipes, and storm drains repair and maintenance services until 10:00 A.M., local time; Wednesday, April 4, 2007 then opened. However, the Bid Proposals will not be announced at the opening nor will copies of the Bid Proposals then be provided to attending Bidders. The Owner is the Northern Palm Beach County Improvement District. The Engineer is SFRN, Inc. 1201 Belvedere Road, West Palm Beach, FL 33405. All Contract and Technical inquiries should be directed to Brian J. LaMotte, P.E., at the Engineer's offices and whose phone number is (561) 655-1151, and fax number is (561) 832-9390. The water control structures, pipes, and storm drains repair/maintenance services to be provided are generally described as follows: Cleaning, maintenance and repair of stormwater drainage improvements. Contract Documents may be purchased from Northern's District Engineer, SFRN, Inc., 1201 Belvedere Road, West Palm Beach, FL 33405 (Phone 561-655-1151) at the following prices, which are non-refundable: Project Manual $45.00 Packaging & Mailing Charges/Set: $10.00 by U.S. Mail or $30.00 when delivered by Fed Ex This Contract is a Unit Price contract. A non-mandatory prebid conference will be held at 9:00 A.M. on Tuesday, March 20, 2007 at the Owner's Conference Room located at 359 Hiatt Drive, Palm Beach Gardens, Florida. Representatives of the Owner and Engineer will be present to discuss the requirements, nature and scope of the water control structures, pipes, and storm drains repair/maintenance services likely to be needed. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, subcontractor, or consuftant 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, Florida Statutes, for Category two for a period of 36 months from the date of being placed on the convicted vendor list. Bid Proposals must be accompanied by a Bid Security in the form of a certified bank check in the amount of $1,000.00 made payable to the Owner, or a Bid Bond in said amount. No Bid Proposals may be withdrawn for a period of 90 days after the scheduled cut off time and date for the receipt of Bid Proposals except as otherwise provided in the Instruction to Bidders. It is the policy of Northern Palm Beach County Improvement District that those Small Business Enterprises eligible for certification as such by Palm Beach County shall have the maximum practical opportunity to participate in the competitive process of supplying goods and services to Northern Palm Beach County Improvement District. The successful bidder who is awarded the Contract shall be required to furnish a Performance Bond in the amount of twenty-five thousand dollars ($25,000.00). Bidders should anticipate that Owner may negotiate some or all of the aspects of a Bid Proposal with one or more of the Bidders in order to obtain the lowest negotiated price and may award a contract to one or more Bidders. The Owner reserves the right to reject any or all Bid Proposals, to waive informalities, and to re-advertise. BY ORDER OF NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT Publish: The Palm Beach Post March 11, 2007 March 18, 2007 00100 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defmed in the Standard General Conditions of the Construction Contract (EDCJC No. 1910-8, 1983 Edition) and any amendments within Supplementary Conditions section have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid Proposal (hereinafter referred to as the "Bid") directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Request for Bid Proposals, Instructions to Bidders, the Bid Proposal Form, also mown as the Bid Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS. 2.1. Complete sets of the Bidding Documents in the number and for the cost, if any, stated in the Request for Bid Proposals may be obtained from SFRN, Inc., 1201 Belvedere Road, West Palm Beach, Florida 33405 (phone 561-655-1151) (unless another issuing office is designated in the Request for Bid Proposals). 2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 2.4. To the extent that any of the Bidding Documents are subject to the public records exemption set forth in Section 119.07(3)(ee), Florida Statutes, then in that event, any entity or person receiving such documentation or information shall be obligated to maintain the exempt status of said documentation and information pursuant to the terms and provisions of the above referenced statute and by requesting or receiving such documentation or information agrees to be bound by this requirement. 3. NON-MANDATORY PRE-BID CONFERFENCE AND QUALIFICATIONS SCHEDULE. A non-mandatory pre-bid conference will be held at 9:00 a.m. on Tuesday, March 20, 2007 at the Owner's Conference Room located at 359 Hiatt Drive, Palm Beach Gardens, Florida. Representatives of the Owner and Engineer will be present to discuss the project. Specific Project requirements will be outlined at this Conference. All prospective bidders are encouraged to attend this meeting. At time of Bid submission, BIDDER must additionally submit qualifying information as follows: (1) Resume of Bidder which must include: (a) Organizational chart and resumes of corporate officials, managers and crew supervisors who will be assigned to this Contract, including licenses. INSTRUCTIONS TO BIDDERS Revised 2/3/05 04/16/01-N 00100-1 (b) A representative list including size, description and contract amount of contracts completed within the past five (5) years plus those underway, and name, address and phone of project owners. Prior to award of Contract, Owner may request additional information regarding previous contracts. (2) A financial statement and such other information that exhibits the fmancial stability of company and the bonding and insurance limits of the company. (3) Bidder must include evidence of its license to do business in the State of Florida. (4) List of Equipment that will be available for this Contract. Include year and make or model. (5) Please indicate whether or note you have pesticide and herbicide applicator liability insurance, if so, please provide coverage and limits. This information will be utilized in evaluating the qualified ability of each Bidder and considered as evidence to that end, prior to award of the Contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE. 4.1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site (see attached maps of Units of Developments) to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, (e) include mobilization in all unit prices, and (f) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. This space is left blank intentionally. 4.2.1. This space is left blank intentionally. 4.2.3. This space is left blank intentionally. 4.3. This space is left blank intentionally. 4.4. This space is left blank intentionally. 4.5. Before submitting a Bid, each Bidder will, at Bidder's own expense, be responsible to make or obtain such examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents; 4.6. This space is left blank intentionally. 4.7. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. INSTRUCTIONS TO BIDDERS Revised 2/3/05 041l 6/01-N 00100-2 4.8. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Contract Documents or any questions pertaining to this Work are to be directed to Engineer at the Pre-Bid Conference or in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by issuing office as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY. 6.1. Each Bid must be accompanied by Bid security, in original form, made payable to Owner in an amount of $1.000.00 and in the form of a certified or bank check or an original Bid Bond in said amount (on form attached, if a form is prescnbed) issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions. 6.2. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Performance Bond in the amount of $25,000.00 and Insurance Certificates within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of the Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the Notice of Award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61 st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within ten days after the Bid opening. 7. CONTRACT TIME. The initial term of the Contract shall be from October 1, 2007 to September 30, 2008 (the Contract Time). At OWNER'S sole discretion, extensions may be given in one year increments, for up to four additional years for a total contract period of five years. 8. LIQUIDATED DAMAGES. This space is left blank intentionally. 9. SUBSTITUTE OR "OR-EQUAL" ITEMS. INSTRUCTIONS TO BIDDERS Revised 2/3/05 04/16/01-N 00100-3 This space is left blank intentionally. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS. 10.1. If the Bid Form, Specifications or subsequent work authorizations require (or if Owner requests after Bids are received) the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within two days after the Bid opening (or two days after request by Owner) submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent infonnation regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. Subcontractors shall be required to meet Contractor's liabilitv insurance requirements as established bv the General and Supplementary Conditions or be listed as an additional insured on the apparent successful Bidder's policy. (Emphasis added) If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price or schedule. If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.8.2 of the General Conditions. 10.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 11. BID FORM. 11.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2. All blanks on the Bid Form must be completed in ink or by typewriter. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4. Bids by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5. All names must be typed or printed below the signature. INSTRUCTIONS TO BIDDERS Revised 2/3/05 04/16/01-N 00100-4 11.6. The Bid shall contain an aclmowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. The Bidder's address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BID. Bids shall be submitted, in triplicate, at the time and place indicated in the Request for Bid Proposals and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the original Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall. be enclosed in a separate envelope with the notation "BID ENCLOSED FOR ANNUAL REPAIR AND MAINTENANCE OF WATER CONTROL STRUCTURES, PIPES, AND STORM DRAINS FOR NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT TO BE OPENED 10:00 A.M., LOCAL TIME, WEDNESDAY, APRil. 4, 2007" on the face of it. 13. MODIFICATION AND wrrHDRA W AL OF BIDS. 13.1. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2. If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and its Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS. Bids will be opened as indicated in the Invitation to Bid. 14.1. When Unit Price Bids are opened no copies of the Unit Price Schedule or tabulation thereof will be made available for ten (10) days. When Lump Sum Bids are opened no copies of the Schedule of Values or tabulation of the bids will be made available for ten (10) days after the opening. 14.2 Subsequent to Owner's receipt of Bids, Bidder's qualifications and unit prices shall be reviewed and selected. Successful Bidder(s) will be reviewed and selected. Successful Bidder(s) will be advised in writing within ninety (90) days after the day of the Bid opening. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for ~ days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. INSTRUCTIONS TO BIDDERS Revised 2/3/05 04/16/01-N 00100-5 16. AWARD OF AGREEMENT. 16.1. Owner reserves the right to reject any and all Bids, to waive any and all informalities, time or changes in the Work and to negotiate agreement terms and price with all Bidders, and the right to disregard all nonconfornting, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make and award to the Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful fmancial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit price, schedules and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3. Owner may consider the qualifications and experience of Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions (or as requested by Owner after the Bids are received). Owner also may consider the operating costs, maintenance requirements, performance data, delivery data, personnel and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and fmancial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5. If the Contract is to be awarded, it will be awarded to the lowest, qualified, responsible and responsive Bidders whose evaluation by Owner indicated to Owner that the award will be in the best interests of the Project. It is the policy of Northern Palm Beach County Improvement District that those Small Business Enterprises that would be eligible for certification as such by Palm Beach County shall have the maximum practical opportunity to participate in the competitive process of supplying goods and services to Northern Palm Beach County Improvement District. 16.6. If the Work is to be awarded, Owner will give the Successful Bidders a Notice of Award within 90 days after the day of the Bid opening. 16.7. When Bidder is pennitted to designate the Contract Time, Bid prices will be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance Bonds. When the Successful Bidder delivers the executed Agreement to Owner, as Contract security, the Contractor shall furnish a Performance' Bond in the amount of $25,000.00. INSTRUCTIONS TO BIDDERS Revised 2/3/05 04/16/01-N 00 1 00-6 18. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ..!.L days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Insurance Certificates and Performance or Contract Bond. END OF SECTION - INSTRUCTIONS TO BIDDERS Revised 2/3/05 04/16/01-N 00100-7 BID PROPOSAL FORM MUST BE SUBMITTED IN TRIPLICATE BIDDER: Shenandoah General Construction Company PROJECT: Annual Repair and Maintenance of Water Control Structures, Pipes and Storm Drains for Northern Palm Beach County Improvement District PROJECT NO. 509 DATE: April 4, 2007 (Bid Submitted on) 00300 BID PROPOSAL FORM THIS BID IS SUBMmEQ TO: Northern Palm Beach County Improvement District c/o SFRN, mc. 1201 Belvedere Road West Palm Beach, FL 33405 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time ~._-... indicated in this Bid and in accordance with the other texms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Request for Bid Proposals and Instructions to Bidders, including without limitation those: (a) dealing with the disposition of Bid security and (b) to the extent that any of the Bidding Documents are subject to the public records exemption set forth in Section Il9.07(3)(ee), Florida Statutes, the BIDDER agrees to maintain the non- ~.' ,. disclosure status of said documentation and information in accordance with the terms and provisions of said statute and by requesting or receiving such documentation or information is bound by this requirement. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is herebyaclmowledged): Date Number March 29, 2007 1 BID FORM 00300-1 (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, perfonnance or furnishing of the Work. (c) This space is left intentionally blank. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefuliy studying) all such examinations, investigations, explorations; tests and studies which pertain to the physical conditions at the site or otherwise may affect the cost, progress, perfonnance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) This space is left blank intentionally. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given OWNER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereofby OWNER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, flrm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER agrees to perform all the work described in Contract Documents, subject to adjustments as provided therein or as negotiated, for either the prices BIDDER provides on the Unit Price Schedule or as ( c_:., thereafter negotiated. 5. BIDDER declares it understands that the unit quantities if any shown on the Bid Form Unit Price ....,., Schedule are approximate only and not guaranteed and are subj ect to either increase or decrease; and that should the quantities of any of the items of Work be increased, the BIDDER agrees to do the additional Work at the unit prices set our herein unless otherwise negotiated, and should the quantities be decreased, BIDDER also understands that fmal payment shall be made on actual quantities completed at the unit prices, and shall make no claims for anticipated profits for any decrease in the quantities. 6. The BIDDER further declares it understands the OWNER may elect to construct only a portion of the Work covered by these Documents and BIDDER agrees to perform that portion of the Work for which BIDDER is awarded a Contract at the unit prices quoted herein. ,.---. 7. BIDDER agrees to waive any claim it has or may have against the Owner, Engineer and their respective employees and/or consultants, that may arise out of or in connection with the administration, evaluation or recommendation of any bid or proposal for this Request for Proposals. BID FORM 00300-2 8. BIDDER agrees that the initial term of the Contract will run from October 1, 2007 to September 30, . 2008. At OWNER'S sole discretion, annual extensions may be given for four additional years for a total Contract period of five years. The Unit Price Schedule will be subject to an annual re-negotiation that must be concluded on or before June 1 sl of each subsequent calendar year "the re-negotiation date." The Contract Time for each additional year will run from October 1 SI to September 30th. It is solely the responsibility of the CONTRACTOR to initiate any re-negotiation of the Unit Price Schedule sixty (60) days prior to the re-negotiation dates established herein. Failure to initiate a re-negotiation of rates prior to the date(s) established shall result in the continuation of the rates contained in the Contract until the end of said term. The OWNER reserves the right to terminate negotiations and continue Work under existing rates or terminate the Contract if Agreement is not reached by the re-negotiation date. 9. The following documents are attached to, incorporated herein, and made a condition of this Bid: (a) Required Bid Security in the form of Bid Bond (b) Bidder Qualification Form BQF-l thru BQF-lO. (c) Unit Price Schedule on Page(s) BFU-l thru 13. (d) Schedule of Subcontractors Page(s) SUB-I. (e) This space is left blank intentionally. "^, -, 10. Communications concerning this Bid shall be telephoned or addressed to: The phone number and address of BIDDER indicated below. 11. The terms used in this Bid which are defmed in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 12. BIDDER's Florida License No. eu e027562 ;...' 13. BIDDER covenants that it is qualified to do business in the State of Florida and has attached evidence of BIDDER's qualification to do business in the State of Florida, or if not attached, BIDDER covenants to obtain such evidence within five days of request by OWNER to provide evidence. 14. BIDDER covenants that it is qualified to do business in Palm Beach County, Florida and has attached evidence of BIDDER's qualification to do business in Palm Beach County Florida, together with appropriate State of Florida licenses and/or appropriate Palm Beach County Certificates of Competency as required to complete the Work. , . 15. If BIDDER is: An Individual By (SEAL) (Individual's Name) (Signature) doing business as Business address: BID FORM 00300-3 Phone No.: A Partnershi2 By (SEAL) (Firm Name) (General Partner) (Signature) Business address: Phone No.: A Corporation By Shenandoah General Construction Company (SEAL) ""-"-. (Corporation Name) Florida (State of Incorporation) By Daniel DiMura e of Person Authorized to Sign) Vice.P (Title) (Signature) (Corporate Seal) Attest ';",-, Business address: Pompano Beach, FL 33069 .,C '(_~ Phone No.: 954-975-0098 <-.... BID FORM 00300-4 .-c-,.. PROJECT~ Annual Repair and Maintenance of Water Control Structures, Pipes, and Storm Drains for Northern Palm Beach County Improvement District PROJECT NO.: 509 BIDDER QUALIFICATION FORM Name of Bidder Shenandoah General Construction Company Address of Bidder 1888 NW 22 Street, Pompano Beach, FL 33069 To: Northern Palm Beach County Imorovement District c/o SFRN. Inc. 1201 Belvedere Road West Palm Beach. FL 33405 Gentlemen: The signer of this affidavit guarantees the truth and accuracy of all statements and information submitted herein in support of its bid proposal to furnish all materials, equipment, and labor, and to perform all work in accordance with the Contract Documents for Annual Repair and Maintenance of Water Control Structures, Pipes, and Storm Drains for Northern Palm Beach County hnprqyement District located in Palm Beach County, Florida. The undersigned hereby authorizes and requests any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor or any person, finn or corporation to furnish any pertinent information requested by Owner Engineer, SFRN, Inc., 1201 Belvedere Road, West Palm Beach, Florida 33405, deemed necessary to verify the statements made, information submitted, or regarding the standing and general reputation of the applicant. The undersigned has not been disqualified by any public agency in Florida except as is explained as follows: The undersigned further affIrms that, if false information is furnished in support of its bid proposal, it can and will be prosecuted to the fullest extent of the law for perjury. Shenandoah onstruction Company Sworn to and subscribed before me this 4th day of April, 2007 . BY: Notary Pub 'c - State of Florida Daniel DiMura, Vice President /) Title of Person Signing ires (If Corporation, Affix Seal) / " .' ubl~) r N01J\RY PUBLIC-STATE OF FLORIDA '''I'., 1..a.ry' QUALIFICATION OF BIDDER :l' .".... Margaret A. BQF-l ~.}Co~ion # DD615517 .,"........ ExpIres: DEC. 09, 2010 D"'UTlr:n Tt,Ttn, .TT " U'T'Tf'" 11r"\''''''''',,,,,,.,,...,, n.,,,,, PART I - STATEMENT OF EXPERIENCE: 1) Legal Name, Address, and Telephone Number: Shenandoah General Construction Company 1888 NW 22 Street, Pompano Beach, FL 33069 954-975-0098 2) Check one: CorporationA..-; Partnership~ Individual 3) If a Corporation, state: Date of Incorporation 12/29/ 76 State in which incorporated: Florida Date of Assuming Name and Title of Principal Officers Position Daniel DiMura, Vice Presfdent 2000 Thomas A. Jackson, President 1976 Kenneth R. Jackson, Sec/Treas 1976 If an Out-of-State Corporation, currently authorized to do business in Florida, give date of such authorization: 4) If Partnership: Date of organization: Nature of Partnership (General, Limited, or Association): Names and Addresses of Partners Age of Partner QUALIFICATION OF BIDDER BQF-2 5) If an Individual, state - Name & Address of Owner: 6) Enumerate State, County, or other Public Agencies in which your organization is qualified to perform work by some means of pre-qualification: Trade in Which Expiration Approved Agencv Oualified Date Amount None 7) Describe your organizational structure, including the number of permanent employees engaged in ,. '.'~ cost estimating, purchasing, expediting, detailing, and engineering, field supervision, field engineering, and layout: Daniel DiMura, Vice President (Day to Day Management of Company) ~_." Staffin Zebarth, VP of Operations / Estimator/Manager/Scheduling Beth Zebarth. Project M~nR~p.r I F.~r;m~rnr Rick Shupe, Project Superintendent Dwight Davis, Project Estimator Lenny Jaglarski. Proiect Superintendent Melinda Cetrupi, Pr(~ect Mana~e~/Esffimato~)cheduling _ North Office se extenslO s eet necess 8) Give names & data about any construction projects you have failed to complete: None (Use extension sheet if necessary) 9) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract?....Jlli.o. If within the last five (5) years, state name of individual, other organization, and reason therefor: QUALlFICATION OF BIDDER BQF-3 10) Has ~y officer or partner of your organization ever failed to complete a construction contract handled in his own name?~. Ifwithin the last five (5) years, state name of individual, name of owner, and reason therefor: 11) Has your organization, or any officer or partner thereof, ever been party to any criminal litigation as a result of construction methods, costs, etc? No. If yes, state case number, case name, and provide pertinent details, including judgment: (Attach extension sheet if necessary) 12) Has your organization, or any officer or partner thereof, ever been party to any civil litigation as result of construction methods, costs, etc? ~. If yes, state case number, case name, and provide pertinent details, including judgment: (Attach extension sheet if necessary) QUALIFICATION OF BIDDER BQF-4 13) Name all persons with whom you have been associated in the construction business, either as partners or as general business associates in a construction frrm, for each of the last five (5) years: 2006 None 2005 None 2004 None 2003 None 2002 None 14) Indicate type of contracting undertaken by yoUr Organization and number of years experience: As Prime Contractor: Type: Under- No. of Years 30 Yrs @round No. of Years Type: As Subcontractor: Type: Under- No. of Years 30 Yrs Type: ground No. of Years 15) Give any special qualifications of fmn members (Registered Engineer, Surveyor, etc.) Staffin Zebarth - Certified Underground Contractor Beth Zebarth - Certified Underground Contractor William F. Jackson Jr. - Certified Underground Contractor Kenneth R. Jackson - Certified General Contractor (Use extension sheet if necessary) QUALIFICATION OF BIDDER BQF-5 \Q I "'" 0' m ... '" .- ~ ~ ..sa ~ t] t:l 8~ ~ ~ ~...... 0 f-<O~ ti '" '" ..... c::: 0.. ~ o ~:>< U(J:.:l = .9 IS .~ CD .... 0 3 ~ ...... 0 '" ~ .0 ~ S ttl 0. '(3 .8 0. ....... 0 ~ ~ Co) ~ [3 E:: .5 Cl 0. 8 >< !Xl ~ (/) t:l (\) ~ .9 E:! 0 ;:l t3 (/) z .5 (\) 0 ~ ..... '" f-< c::: '1::l 0 < Co) (\) U ~ ..c ...... u f::l '" ell en .u ~ .u Cl) <t: :::> ,-., s (\) 0' \0 co (\) - Z tr.l Daniel J. DiMura 2231 N. Conference Dr. Boca Raton, FL 33486 (561) 395-8394 Work Experience Shenandoah General Construction Company Vice President (1996 - Present) Responsible for the overall operations of the company, an underground trenchless rehabilitation company. Duties include: scheduling, quality control, trouble shooting and implementing improved methods of trenchless rehabilitation, as well as new business development. Serves as a liaison between engineers, vendors and clients. U.S. Concrete Products Corp. (Formerly Pompano Precast Corp.) General Manager (1985 - 1996) Responsible for the overall operations of the company, a manufacturer of precast reinforced concrete structures for underground utility and roadway construction. Duties include: production scheduling, quality control, trouble shooting, and implementing improved methods of manufacturing operations, as well as new business development. Serve as company liaison between engineers, vendors and clients. Assisted in the design of automated project drawings generated via CAD to increase efficiency. Superintendent (1980 -1985) Supervised field and plant operations, ensuring that work was performed according to specifications. Administered personnel training and placement. Directly involved in the construction of new precast concrete plant. including the installation of a batch plant system and overhead crane systems. W. Jackson and Sons Construction Company (1979 -1980) General construction ranging from underground utilities to residential and commercial structures. Specialty projects included the City of Margate Water Treatment Plant modifications. Completed various masonry fieldwork projects (e.g. benches, rims, and grouting pipe). Education St. Petersburg Junior College 1976 -1977 Business Administration Clearwater, Florida Largo High School 1976 Graduated Largo, Florida Career Skills I Knowledae . Underground Utility . General Management . Construction Scheduling . Project Estimating . Quality Control Management . Cost Control Management . Safety Management . Client Development / Relations . Technical Support I . IBM PC Applications Troubleshooting l.J560 46th Lane South Phone 561-784-0557 Wellington, FL 33414 Fax 954-975-9718 E-mail staffin.zebarth@shenandoahconstruction.com Staffin C. Zebarth Education 1990 - 1994 BS Economics, University of Florida Gainesville, FL Trenching & Excavation Safety Course - Competent Supervisor Stephen's Technologies Training Seminar on Sectional Liners Professional 2002 - Present experience Shenandoah General Construction CompanyPompano Beach, Florida Project Manager I Underground Contractor ~ Development of relationships with existing and new clientele ~ Oversee and schedule 17 crews on a daily basis. ~ Manage ongoing projects ~ Estimate projects ~ Focus on trenchless underground maintenance and repairs to storm and sanitary sewer October 2001 - December 2001 - SunTrust Bank - Ft Lauderdale, Florida Investment Associate ~ Aided two portfolio managers oversee $650 million in Private Client Trust Funds ~ Portfolio analysis, individual stock analysis, tax ramifications, review of trust documentation, client presentations all used in decision making process January 1995 - October 2001 - Prudential Securities - New York, NYand Boca Raton, Florida Financial Advisor ~ Development of relationships with high net worth individuals and small to mid-sized corporations with a focus on tax advantaged investing ~ Estate and retirement planning through professional money managers, mutual funds, individual stocks, bonds and insurance Professional experience continued May 1993 - July 1993 - Lehman Brothers - New York, NY Sales Associate ~ Aided one President-Investments develop clientele with a minimum of 250K in equities and net worth of one Million or more ....~.o ~ Concentration in equities Ucenses Underground Contractors License #CUC1223821 State of Florida Held References Mr. Jeffrey Kanter - Sr. VP Manager Prudential Securities 5355 Town.Center Rd., #600, Boca Raton, FL 33486 (561-) 394-7510 Mr. Thomas Jackson - Sr. VP W. Jackson & Sons Construction 1888 NW 21 Street Pompano Beach, FL 33069 (954) 973-3060 Mr. Anthony Wiggins - Contracts Agent Collier County 4800 Dan's Blvd., Naples, FL 33404 (239) 774-8924 , ,-- 460 NE Bluefish Point Phone 954-975-0098 Port St. Lucie, FL 34983 Fax 954-975-9718 Melinda CotRlpi Professional 1980 - Present Shenandoah General Construction experience Company .....--- Project Manager (1993 - Present) · Responsible for the overall scheduling procedures. I bring years of trench less technologies experience to the Company, from the field operations to the office operations. Duties include: scheduling, job estimating, contract and bid negotiating, implementing improved methods of trenchless rehabilitation, as well as new business development and existing client relations. Telespection I Telegrout Technician (1980 - 1993) · Duties included strategies to complete the telespection work efficiently and within the estimated time, televise and report accurate findings and repair recommendations. One main job was completed and supervised by myself in Key West prior to my promotion to Project Manager. Education 1975 - 1978 Johnson State CollegeJohnson, Vermont · Environmental Studies ~'..''''' · Business Management ~-- ( '---'. Career Skills I .:. Trenchless Technologies Knowledge .:. Field Scheduling .:. Quality Control Management .:. Implementing Safety Control .:. General Management .:. Project Estimating .:. Technical Support .:. Contract & Bid Negotiating ......_,.., '--'.-'- ""'- Beth Zebarth Phone: 954-975-0098 15560 46th Lane south Fax: 954-975-9718 Wellington, FL 33414 Beth Zebarth Professional 0'<....., Experience Shenandoah General Construction Pompano Beach, FL Project manager (1997-Present) · I have experience in the construction, installation, repairs and maintenance of public and private sanitary sewer collection systems and storm sewer collection systems · My responsibilities include scheduling, managing various jobs and hiring of personnel. I also work as a liason between clients and governmental agencies . · Working closely between our safety consulting firm and employees to insure that all OSHA safety standards for the company are followed. --., ~ W. Jackson and Sons Construction Pompano Beach, Fl Project Manager/ Job costing Manager (1996-1997) · Responsible for take ofrs of construction plans, estimating, and managing projects for the installation of main sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems. · Job costing: comparing job estimates to actual work profitability in order to improve the bidding process. Education 1992-1996 University of Central Florida · BA in Psychology · Graduated on the Dean's list 1992 Graduated from Boca Raton High School on the Dean's list. Career Skills and Underground Utilities, Personnel Management, Proj ect Management, Knowledge Project Estimating and Costing, Safety Management. License Held Florida State Certified Underground Utilities Contractor "", . r"_.'. 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Total Man Days: None Total Calendar Days: None Explain Cause: --,-,- PART II - GENERAL FINANCIAL INFORMATION: 1) Give total contract value of work accomplished by your organization in each of the last three (3) years: 2006-$ 4,327,522.50 2005 - $ 3,663,988.50 2004 - $ 3 .663,988.50 ~'-.-... 2) Give contract value of work now pending award to your organization: $ 0.00 State amount requiring bond if awarded: $ 0.00 3) Give the value of any judgments or liens outstanding against your organization: $ 0.00 Explain: ....-'" 4) Give names of Surety Companies & Agent under which you have functioned within the last three --- (3) years: QUALIFICATION OF BIDDER BQF-9 ,.., ,~. 2006 Western Surety - Broder & Co. 2005 Western Surety - Broder & Co. 2004 St Paul Surety - Broder & Co. 5) Estimate your maximum bonding capacity. $ 10,000.000.00 How much is unencumbered and available as of this date? $ 7,000,000.00 6) Has any Surety Company refused to write you a bond on any construction work? No If yes, explain: 7) What is the dollar value of the largest project you consider your organization is qualified to undertake? $ 4.000,000.00 END OF FORM QUALIFICATION OF BIDDER BQF-IO BID SHEET WATER CONTROL STRUCTURES. PIPE. AND STORM DRAINS REPAIR AND MAINTENANCE In accordance with all terms, conditions, specifications and requirements, the bidder offers the following: A. PUMPING (ITEMS 1 THRU 3) ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 1. 4" Hydraulic Pump (with 400' of discharge hose) 40 Hrs. $ 10.00 /Hr. $ 400.00 2. . 6" Hydraulic Pump (with 400' of discharge hose) 40 Hrs. $ 75.00 /Hr. $ 3,000.00 3. 8" Hydraulic Pump (with 400' 80.00 $ 3,200.00 of discharge hose) 40 Hrs. $ /Hr. SUBTOTAL "A" (Items 1-3) $ 6.600.00 NAME OF COMPANY: Shenandoah General Construction Company BFU.1 of 14 REVISED 03-27-07 BID SHEET (Continued) WATER CONTROL STRUCTURES, PIPE, AND STORM DRAINS REPAIR AND MAINTENANCE B. CLEANING (ITEMS 4 THRU 16) -LIGHT CLEANING (See Specifications for Definition of "light Cleaning".) ESTIMATED ITEM' ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 4. Light Cleaning of: 15" Pipe 1 00 Ft. $ 4.00 1Ft. $ 400.00 5. Light Cleaning of: 18" Pipe 100 Ft. $ 4.50 1Ft. $ 450.00 6. Light Cleaning of: 24" Pipe 1 00 Ft. $ 4.50 1Ft. $ 450.00 7. Light Cleaning of: 30" Pipe 100 Ft. $ 5.00 1Ft. $ 500.00 8. Light Cleaning of: 36" Pipe 1.00 Ft. $ 6.00 1Ft. $ 600.00 9. Light Cleaning of: 42" Pipe 1 00 Ft. $ 7.00 1Ft. $ 700.00 10. Light Cleaning of: 48" Pipe 100 Ft. $ 7.25 1Ft. $ 725.00 11. Light Cleaning of: 54" Pipe 1 00 Ft. $ 7.50 1Ft. $ 750.00 12. Light Cleaning of: 60" Pipe 100 Ft. $ 7.75 1Ft. $ 77 5 . 00 13. Light Cleaning of: 66" Pipe 100 Ft. $ 8.00 1Ft. $ 800.00 14. Light Cleaning of: 72" Pipe 100 Ft. $ 8.50 1Ft. $ 850.00 15. Light Cleaning of: 84" Pipe 1 00 Ft. $ 9.00 1Ft. $ 900.00 16. Light Cleaning of: 96" Pipe 1 00 Ft. $ 10.00 1Ft. $ 1.000.00 ..,......'- 8.900.00 SUBTOTAL "B" (Items 4-16) $ p... NAME OF COMPANY: Shenandoah General Construction Company BFU-2 of 14 REVISED 03-27-07 '-'.'-' BID SHEET (Continued) WATER CONTROL STRUCTURES, PIPE, AND STORM DRAINS REPAIR AND MAINTENANCE C. CLEANING (ITEMS 17 THRU 29) - MEDIUM CLEANING ..'-- (See Specifications for Definition of "Medium Cleaning".) ESTIMATED ITEM ANNUAL UNIT TOTAL .....'-.. NO. DESCRIPTION QUANTITY PRICE PRICE 17. Medium Cleaning of: 15" Pipe 100 Ft. $ 6.00 1Ft. $ 600.00 -~.. 18. Medium Cleaning of: 18" Pipe 100 Ft. $ 6.50 1Ft. $ 650.00 19. Medium Cleaning of: 24" Pipe 100 Ft. $ 7.50 1Ft. $ 750.00 20. Medium Cleaning of: 30" Pipe 100 Ft. $ 9.00 1Ft. $ 900.00 21. Medium Cleaning of: 36" Pipe 100 Ft. $ 10.00 1Ft. $ 1,000.00 22. Medium Cleaning of: 42" Pipe 100 Ft. $ 11.00 1Ft. $ 1,100.00 23. Medium Cleaning of: 48" Pipe 100 Ft. $ 19.00 1Ft. $ 1,900.00 24. Medium Cleaning of: 54" Pipe 100 Ft. $ 20.00 1Ft. $ 2,000.00 25. Medium Cleaning of: 60" Pipe 100 Ft. $ 24.00 1Ft. $ 2,400.00 26. Medium Cleaning of: 66" Pipe 1 00 Ft. $ 27.00 1Ft. $ 2,700.00 ""....- 27. Medium Cleaning of: 72" Pipe 1 00 Ft. $ 30.00 1Ft. $ 3,000.00 28. Medium Cleaning of: 84" Pipe 1 00 Ft. $ 34.00 1Ft. $ 3,400.00 ""'.w'.'- 29. Medium Cleaning of: 96" Pipe 1 00 Ft. $ 35.00 1Ft. $ 3,500.00 _..-,~ SUBTOTAL "C" (Items 17-29) $ 23,900.00 ...,-", "--'^ NAME OF COMPANY: Shenandoah General Construction Company BFU-3 of 14 REVISED 03-27-07 .....-- '-..-.- BID SHEET (Continued) WATER CONTROL STRUCTURES, PIPE. AND STORM DRAINS REPAIR AND MAINTENANCE D. CLEANING (ITEMS 30 THRU 42) HEAVY CLEANING (See Specifications for Definition of "Heavy Cleaning".) ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 30. Heavy Cleaning of: 15" Pipe 100 Ft. $ 7.00 1Ft. $ 700.00 31. Heavy Cleaning of: 18" Pipe 100 Ft. $ 8.00 1Ft. $ 800.00 32. Heavy Cleaning of: 24" Pipe 100 Ft. $ 9.00 1Ft. $ 900.00 33. Heavy Cleaning of: 30" Pipe 100 Ft. $ 10.00 1Ft. $ 1,000.00 34. Heavy Cleaning of: 36" Pipe 1 00 Ft. $ 12.00 1Ft. $ 1,200.00 35. Heavy Cleaning of: 42" Pipe 100 Ft. $ 21. 00 1Ft. $ 2,100.00 36. Heavy Cleaning of: 48" Pipe 100 Ft. $ 23.00 1Ft. $ 2,300.00 37. Heavy Cleaning of: 54" Pipe 100 Ft. $ 30.00 1Ft. $ 3,000 .00 38. Heavy Cleaning of: 60" Pipe 100 Ft. $ 36. 00 1Ft. $ 3,600.00 39. Heavy Cleaning of: 66" Pipe 100 Ft. $ 37. 00 1Ft. $ 3,700.00 ""--C', 40. Heavy Cleaning of: 72" Pipe 100 Ft. $ 49 . 00 1Ft. $ 4,900.00 41. Heavy Cleaning of: 84" Pipe 100 Ft. $ 55 . 00 1Ft. $ 5,500.00 42. Heavy Cleaning of: 96" Pipe 100 Ft. $ 67. 00 1Ft. $ 6,700.00 SUBTOTAL "0" (Items 30-42) $ 36,400.00 ..,'" .',-... NAME OF COMPANY: Shenandoah General Construction Company ....'- BFU-4 of 14 REVISED 03-27-07 BID SHEET (Continued) , WATER CONTROL STRUCTURES, PIPE, AND STORM DRAINS REPAIR AND MAINTENANCE E. CLEANING (ITEMS 43 THRU 55) - SPECIALITY CLEANING (See Specifications for Definition of "Specialty Cleaning".) ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 43. Specialty Cleaning of: 15" Pipe 100 Ft. $ 9.00 1Ft. $ 900.00 44. Specialty Cleaning of: 18" Pipe 100 Ft. $ 9.00 1Ft. $ 900.00 45. Specialty Cleaning of: 24" Pipe 100 Ft. $ 9.00 1Ft. $ 900.00 46. Specialty Cleaning of: 30" Pipe 100 Ft. $ 15.00 1Ft. $ 1.500.00 47. Specialty Cleaning of: 36" Pipe 100 Ft. $ 18.00 1Ft. $ 1.800.00 48. Specialty Cleaning of: 42" Pipe 100 Ft. $ 20.00 1Ft. $ 2.000.00 49. Specialty Cleaning of: 48" Pipe 100 Ft. $ 38.00 1Ft. $ 3.800.00 50. Specialty Cleaning of: 54" Pipe 100 Ft. $ 39.00 1Ft. $ 3.900.00 51. Specialty Cleaning of: 60" Pipe 100 Ft. $ 40.00 1Ft. $ 4.000.00 52. Specialty Cleaning of: 66" Pipe 1 00 Ft. $ 43.00 1Ft. $ 4,300.00 ,. , .~ 53. Specialty Cleaning of: 72" Pipe 100 Ft. $ 45.00 1Ft. $ 4,500.00 54. Specialty Cleaning of: 84" Pipe 100 Ft. $ 50.00 1Ft. $ '5,000.00 55. Specialty Cleaning of: 96" Pipe 100 Ft. $ 60.00 1Ft. $ 6,000.00 SUBTOTAL "E" (Items 43-55) $ 39,500.00 NAME OF COMPANY: Shenandoah General Construction Company BFU-5 of 14 REVISED 03-27-07 ~'-'~ ""-"". BID SHEET (Continued) WATER CONTROL STRUCTURES. PIPE. AND STORM DRAINS REPAIR AND MAINTENANCE F. SLIP LINING (ITEMS 56 THRU 68) ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE p-'." 56. Slip Lining 15" Pipe 1 00 Ft. $ 38.00 1Ft. $ 3,800.00 57. Slip Lining 18" Pipe 100 Ft. $ 42.00 1Ft. $ 4,200.00 58. Slip Lining 24" Pipe 100 Ft. $ 51.00 1Ft. $ 5,100.00 59. Slip Lining 30" Pipe 100 Ft. $ 82.00 1Ft. $ 8,200.00 , '_M 60. Slip Lining 36" Pipe 100 Ft. $ 125.00 1Ft. $ 12,500.00 61. Slip Lining 42" Pipe 100 Ft. $ 145.00 1Ft. $ 14,500.00 62. Slip Lining 48" Pipe 1 00 Ft. $ 215.00 1Ft. $ 21,500.00 63. Slip Lining 54" Pipe 100 Ft. $ 225.00 1Ft. $ 22.500.00 64. Slip Lining 60" Pipe 100 Ft. $ 250.00 1Ft. $ 25.000.00 p....... 65. Slip Lining 66" Pipe 100 Ft. $ 315. 00 1Ft. $ 31. 500.00 66. Slip Lining 72" Pipe 100 Ft. $ 375. 00 1Ft. $ 37,500.00 ",'.,,- 67. Slip Lining 84" Pipe 1 00 Ft. $ 415.00 1Ft. $ 41,500.00 68. Slip Lining 96" Pipe 100 Ft. $ 525.00 1Ft. $ 52,500.00 SUBTOTAL "F" (Items 56-68) $ 280,300.00 NAME OF COMPANY: Shenandoah General Construction Company BFU-6 of 14 REVISED 03-27-07 BID SHEET (Continued) WATER CONTROL STRUCTURES. PIPE. AND STORM DRAINS REPAIR AND MAINTENANCE G. CURED-IN-PLACE PIPE (CIPP) (ITEMS 69 THRU 78) ESTIMATED MINIMUM ITEM ANNUAL DESIGN UNIT TOTAL NO. QUANTITY DESCRIPTION THICKNESS PRICE PRICE 69. 100 LF. CIPP 15" Pipe a. 15" x (6.7 mm) * $ 65.00 ILF. $ 6,500.00 b. 15" x (8.2 mm) ** $ 70.00 ILF. $ 7,000.00 70. 100 LF. CIPP 18" Pipe a. 18" x (8.1 mm) * $ 75.00 ILF. $ 7,500.00 b. 18" x (9.7 mm) ** $ 80.00 ILF. $ 8,000.00 71. 100 LF CIPP 24" Pipe a. 24" x (10.1 mm) * $ 85.00 ILF. $ 8,500.00 b.24"x (12.4 mm) ** $ 90.00 ILF. $ 9.000.00 72. 1 00 LF. CIPP 30" Pipe a. 30" x (13.5 mm) * $ 115.00 ILF. $ 11,500.00 b. 30" x (15.4 mm) ** $120.00 ILF. $ 12,000.00 73. 100 LF. CIPP 36" Pipe a. 36" x (17.2 mm) * $ 130.00 /LF. $ 13,000.00 b. 36" x (18.1 mm) ** $ 150.00 /LF. $ 15.000.00 74. 100 LF. CIPP 42" Pipe a. 42" x (20.9 mm) * $ 250.00 ILF. $ 25,000.00 ....- b.42"x (20.6 mm) ** $ 220.00 ILF. $ 22.000.00 75. 100 LF. CIPP 48" Pipe a. 48" x (25.2 mm) * $ 245.00 ILF. $ 24.50O.do b. 48" x (22.6 mm) ** $ 225.00 ILF. $ 22,500.00 ....-.. 76. 100 LF. CIPP 54" Pipe a. 54" x (28.2 mm) * $ 420.00 ILF. $ 42,000.00 b.54"x (24.7 mm) ** $ 385.00 ILF. $ 38.500.00 77. 100 LF. CIPP 60" Pipe a. 60" x (30.3 mm) * $ 550.00 ILF. $ 55 .000 ..00 b. 60" x (27.3 mm) ** $ 525.00 ILF. $ 52,500.00 78. 100 LF. CIPP 66" Pipe a. 66" x (31.6 mm) * $ 690 .00 ILF. $ 69.000.00 b. 66" x (29.1 mm) ** $ 650.00 /LF. $ 6'5,000.00 NAME OF COMPANY: Shenandoah General Construction Company BFU-7 of 14 REVISED 03-27-07 BID SHEET (Continued) WATER CONTROL STRUCTURES, PIPE, AND STORM DRAINS REPAIR AND MAINTENANCE G. (con't) CURED-IN-PLACE PIPE (CIPP) (ITEMS 79 THRU 81) 79. 100 LF. CIPP 72" Pipe (30.4 mm) $ 755.00 /LF. $ 75,500.00 ......n 80. 100 LF. CIPP 84" Pipe (35.5 mm) $ 850.00 /LF. $ 85,000.00 81. 100 LF. CIPP 9S" Pipe (40.S mm) $ 900.00 /LF. $ 90,000.00 .-..."- _._- SUBTOTAL uG" (Items 69-81) $ 764,500.00 NOTE: The subtotal includes both costs for Items 69-78 a & b (Le. Item 69 total costs is for 69a - 6.7 mm and 6gb - 8.2 mm). * = Burial depth of pipe is 0-6' ** = Burial dept of pipe is 6-12' Shenandoah General Construction Company NAME OF COMPANY: BFU-8 of 14 REVISED 03-27-07 BID SHEET (Continued) WATER CONTROL STRUCTURES, PIPE, AND STORM DRAINS REPAIR AND MAINTENANCE H. PIPE AND HEADWALL REPAIR (ITEMS 82 THRU 92) ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 82. Construction Foreman 40 Hr. $ 50.00 /Hr. $ 2.000.00 83. Laborer 40 Hr. $ 35.00 /Hr. $ 1.400.00 84. Pipe Layer 40 Hr. $ 18.00 /Hr. $ 720.00 85. Equipment Operator 40 Hr. $ 75.00 /Hr. $ 3.000.00 86. Excavator/Backhoe, Cat 225 or equal 40 Hr. $ 90.00 /Hr. $ 3.600.00 87. Wheel Loader, 70.00 2.800.00 Cat 926 or equal 40 Hr. $ IHr. $ 88. Backhoe Loader, Cat 416 or equal 40 Hr. $ 45.00 IHr. $ 1,800.00 89. Bulldozer, Cat D-3 or equal 40 Hr. $ 20.00 /Hr. $ 800.00 90. Double Drum Compactor Wacker W74 or equal 40 Hr. $ 5.00 IHr. $ 200.00 91. Vibratory Plate, Compactor Wacker VPR 1740, or equal 40 Hr. $ 5.00 /Hr. $ 200.00 92. 100 C.F.M. Air Compressor 20.00 800.00 with Hammer 40 Hr. $ /Hr. $ SUBTOTAL "H" (Items 82-92) $ 17,320.00 NAME OF COMPANY: Shenandoah General Construction Company BFU-9 of 14 REVISED 03-27-07 BID SHEET (Continued) WATER CONTROL STRUCTURES, PIPE, AND STORM DRAINS REPAIR AND MAINTENANCE I. PIPE AND HEADWALL REPAIR (ITEMS 93 THRU 100) ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 93. Generator with Mast Lighting 40 Hr. $ 5.00 /Hr. $ 200.00 94. Well Point Equipment for up to 150 well point with pump and $ 150.00 6,000.00 jetting equipment 40 Hr. /Hr. $ 95. Dump Truck (Bed Capacity 16-18 Cu. Yd.) 40 Hr. $ 30.00 /Hr. $ 1,200.00 '" .- 96. Gradall Model XL 4100, or Equivalent 40 Hr. $ 20.00 /Hr. $ 800.00 97. Hydraulic Rough Terrain Crane, Link Belt HSP8015 or equal. 40 Hr. $ 50.00 /Hr. $ 2,000.00 98. Roller Compactor, CAT CA25 or equal. 40 Hr. $ 20.00 /Hr. $ 800.00 .'_c.., 99. Skid Steer Loader, CAT 252 or equal. 40 Hr. $ 20 . 00 /Hr. $ 800.00 100. Grader, CAT 12G or equal. 40 Hr. $ 20 . 00 /Hr. $ 800.00 SUBTOTAL "I" (Items 93-100) $17,400.00 DD 12,600.00 ,~ ,~ NAME OF COMPANY: Shenandoah General Construction Company BFU.10 of 14 REVISED 03-27-07 BID SHEET (Continued) WATER CONTROL STRUCTURES, PIPE, AND STORM DRAINS REPAIR AND MAINTENANCE J. PIPE AND HEADWALL REPAIR (ITEMS 101 THRU 102) ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 101. Long Stick Excavator, CAT 325 or equal. 40 Hr. $ 120.00 IHr. $ 4,800.00 102. Silt Screen Installation (75') and Removal. 10 Ea. $ 50.00 lEa. $ 500.00 SUBTOTAL "J" (Items 101-102) $ 5,300.00 K. DIVING SERVICES (ITEM 103) ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 103. Diving Crew (3 man team) 40 Hr. $ 210.00 IHr. $ 8,400.00 SUBTOTAL uK" (Item 103) $ 8,400.00 ,,".--:C." NAME OF COMPANY: Shenandoah General Construction Company BFU-11 of 14 REVISED 03-27-07 BID SHEET (Continued) WATER CONTROL STRUCTURES, PIPE, AND STORM DRAINS REPAIR AND MAINTENANCE L. OTHER SERVICES (ITEMS 104 THRU 108) "...., ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 104. Driveway Restoration 500 SY $ 5.00/SY $ 2,500.00 105. Pressure Grout Injection 20 Joints $ 200.00 IJoints $ 4,000.00 106. Bahia Sod 500 SY $ 5.00/SY $ 2,500.00 107. Rip Rap Rubble 50 Tons $ 50.00 /Tons $ 2,500.00 108. Pavement Replacement 500 SY $ 20.00/SY $ 10,000.00 SUBTOTAL"L" (Items 104 . 108) $ 21,500.00 ".- - ...."." "'. ., NAME OF COMPANY: Shenandoah General Construction Company BFU-12 of 14 REVISED 03-27-07 BID SHEET (Continued) WATER CONTROL STRUCTURES, PIPE, AND STORM DRAINS REPAIR AND MAINTENANCE M. VIDEO LOGS AND CLEANING INSPECTIONS FOR PIPES (ITEMS 109 THRU 119) (See Specifications for Definition of "Video Logs".) ESTIMATED ITEM ANNUAL UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 109. Video Logs I TV Inspections of 15" Diameter Pipe. 100 Ft. $ 2.00 1Ft. $ 200.00 110. Video Logs I TV Inspections of 18" Diameter Pipe. 100 Ft. $ 2.00 1Ft. $ 200.00 111. Video Logs I TV Inspections of 24" Diameter Pipe. 100 Ft. $ 2.00 1Ft. $ 200.00 112. Video Logs I TV Inspections of 2.50 250.00 30" Diameter Pipe. 100 Ft. $ 1Ft. $ 113. Video Logs I TV Inspections of 6.00 600.00 .... 36" Diameter Pipe. 1 00 Ft. $ 1Ft. $ 114. Video Logs I TV Inspections of 42" Diameter Pipe. 1 00 Ft. $ 6.00 1Ft. $ 600.00 ..,... 115. Video Logs I TV Inspections of 8.00 800.00 48" Diameter Pipe. 1 00 Ft. $ 1Ft. $ u"',,.. 116. Video Logs I TV Inspections of 8.00 800.00 54" Diameter Pipe. 1 00 Ft. $ 1Ft. $ ".'.., 117. Video Logs I TV Inspections of $ 1,000.00 60" Diameter Pipe. 100 Ft. $ 10 . 00 1Ft. 118. Video Logs I TV Inspections of $ 1,000.00 66" Diameter Pipe. 100 Ft. $ 10. 00 1Ft. .....- 119. Video Logs I TV Inspections of $ 10.00 $ 1,000.00 72" Diameter Pipe. 100 Ft. 1Ft. ..... NAME OF COMPANY: Shenandoah General Construction Company BFU-13 of 14 REVISED 03-27-07 BID SHEET (Continued) e-' WATER CONTROL STRUCTURES, PIPE. AND STORM DRAINS REPAIR AND MAINTENANCE M. (con't) VIDEO LOGS AND CLEANING INSPECTIONS FOR PIPES (ITEMS 120 THRU 121) ."'- (See Specifications for Definition of "Video Logs".) 120. Video Logs I TV Inspections of 84" Diameter Pipe. 1 00 Ft. $ 10.00 1Ft. $ 1.000.00 121. Video Logs I TV Inspections of 96" Diameter Pipe. 100 Ft. $ 10.00 1Ft. $ 1,000.00 .~._-. SUBTOTAL "M" (Items 109 -121) $ 8,650.00 ..- -"'~' BID GRAND TOTAL "A" THRU "M" (ITEMS 1 THRU 121) $ 1,233,870.00 .. .., ....;-,~ DELIVERY: Work for each project will commence upon receipt of the Notice to Proceed. The completion.time will be negotiated for each project. "'....... ,.- NAME OF COMPANY: Construction Company ~~~-,------ AUrHORIZED SIGNArURE:- ----- Daniel DiMura, Vice President By signing this bid s et your firm is agreeing to the terms and conditions of the Invitation for Bid Proposals. ,.-.._, BFU-14 of 14 -,.'~ REVISED 03-27-07 ;, ~" <r", _ _ ."..... ---. ,(~ tl - {r", I !"''''!I,",''~ i",' ~ .~~' I ~., il:nr~-- r"'"1l "'1: -I' . ..' - I ! .("3 . ; '~I - ,"t:- , ! 1 - I r , . \ " ,,"'j f I ~ ...... "-::-wr ~ - 4. ' , - --, ~'. J. - ,,' I....~... N" . . I . "'I .,. ...j. - . l~ t'\, . ~ -~ IItl M" '1. ~ .,,~ !I:!J . '::J ... ,,,.~ ",". ..ili; , "L;i..>. . ....,,,,,..,.,. ".~ -!- r. : ',i!Ii' ... .- . ~..,.", , ;. \ '1I"%"u ..,. ! ~.. ~, r I I ~~~ ~ 1"'l l' {1 , '.A ,,^,i " J \ ~ .~ I"! ~ -I( ., , . I >:, -':":"- ~,!. ~!!' .... - " ~"k"'j3,i, il_ .. ' " : ..- ~~ -, 0.4 ...... 'ir t, j"'1ie' lIIIIIII ... ""-- '. 1 hot .~ -, I " "') m '... 1" ;, .. ... -~.1l ',' : :'\ .... ...~ , . I ',,'; ..', '~~"" - .'", .~~!. ~ ; Il~~ ,"-. - ..... -t .' [)"lI I l .., J::+I ...,,' .. I t,?m- IP\ 'I ~-~\i.i1\' ij ,: I.~ ' , - ., I....\.,.... ~. .. I' !~.." , I ~i' . ~ ::,( ir- .", i!~ _ '~ ~ I · '.t- 0 ..- !): ." , ~. :'J +1.: . ~.. ". 1II!l.' . '.'" ~ , ,', . " Legend Slip Lining Insituform - VI.-CONSENT AGENDA ITEM 8.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14,2008 (Noon) o July 1,2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: Motion to award the, "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008 SATURN (VUE) VEHICLES", Bid#089-21l0-08/CJD to SATURN OF WEST PALM BEACH, for $338.56 per month per vehicle for a total expenditure is: $28,439.00/year. EXPLANATION: On May 7,2008, Procurement Services received and opened three (3) proposals for the lease of seven (7) vehicles. After careful evaluation it was determined that Saturn of West Palm Beach, offering a thirty nine (39) month lease is the lowest, most responsive, responsible bidder who meets all specifIcations. The yearly cost of: $28,439.00 includes monthly service, i.e.; regular oil changes, other fluids and tire rotation. The Police Department leases these vehicles for the Citizens On Patrol program. Police Chief, Matthew Immler concurs with this recommendation (see attached Memo). PROGRAM IMPACT: : The purpose of this bid is to obtain prices from vendors to provide a three (3) year lease program to include, but not limited to, specifIed requirements for new and unused vehicles for use in the City's Police Department by the Citizens On Patrol (C.O.P.) group. FISCAL IMP ACT: ACCOUNT NAMEINUMBER: ANNUAL EXPENDITURE: --,..,,-. " Other Contractual Services ~- :....,", 001-2110-521-44-40 $28,439.00Near ALTERNATIVES: Do awa with this program, thereby reducing the security in the arious locations within the eiiY. ~~. ._, ~"; :.. , City anager's Signature ,-......... (1~~ty~ A't:..to City Manag", ~ - 7Jp procure\t e ices City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: John Huntington - Officer Sarah Byers - Assistant to the Police Chief File 1 RESOLUTION NO. R 08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE AWARD OF A THREE YEAR 6 LEASE (BID NO. 089-2110-08/CJD) FOR SEVEN NEW 7 AND UNUSED VUE VEHICLES TO SATURN OF 8 WEST PALM BEACH, IN THE ANNUAL AMOUNT 9 OF $28,439.00; AUTHORIZING THE MA YOR TO 10 EXECUTE SAID CONTRACT; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, On May 7. 2008, Procurement Services received and opened three 14 (3) proposals for the lease of seven (7) vehicles; and 15 WHEREAS, it was determined that Saturn of West Palm Beach was the lowest, 16 most responsive responsible bidder who met and exceeded all specifications. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 18 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 20 as being true and correct and are hereby made a specific part of this Resolution upon 21 adoption. 22 Section 2. The City Commission of the City of Boynton Beach, Florida, 23 hereby approves the award of a three year lease of seven (7) Saturn Vue vehicles for use in 24 the Police Department by the Citizens on Patrol (C.O.P.) group in the annual amount of 25 $28,439.00, subject to budget appropriations, and authorizes the Mayor to execute a Lease 26 Agreement between the parties, a sample copy of which is attached hereto as Exhibit "A". 27 Section 3. That this Resolution shall become effective immediately. 28 S:\CA\RESO\Agreements\Bid Awards\Bid Award - Seven Vue Vehlcles- 2008.doc I 1 PASSED AND ADOPTED THIS _ day of June, 2008. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor - Jerry Taylor 6 7 8 Vice Mayor - Jose Rodriguez 9 10 11 Commissioner - Ronald Weiland 12 13 14 Commissioner - Woodrow L. Hay 15 16 ATTEST: 17 Commissioner - Marlene Ross 18 19 20 Janet M. Prainito, CMC 21 City Clerk ~I 27 (Corporate Seal) 28 s: \eA \RESO\Agreements\B id A wards\B id A ward - Seven V ue Vehicles _ 2008. doc CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Carol Doppler, CPPB DATE' May 14. 2008 FILE: Purchasing Agent ",~ {) FRO~ ~on, Officer SUBJECT New Saturn Lease progrFf' ".~, ~ . ~, 'I'.M .:.',.., REFERENCES Tab Sheet ~.\. VIa ;J ~~I '\ Matthew Immler, \~ ;-".,' V"""""" Chief of Police q,,',,}'J..,.. . _....- II" ~ ~ " " ~:".- ENCLOSURES: Tab Sheet ---- I have reviewed the Tab Sheets for the Saturn Lease Program and have the following recommendation: Saturn of West Palm Beach has bid the lowest price at $2369.92 month (39 month lease) for seven new Saturn Vues. Allstate Leasing's bid of $3,843.00 (36 month lease) was $1.473.08 month higher than Saturn ofWPB. I recommend the Saturn ofWPB offer for a 39 month lease. Our current lease with Saturn of WPB expires on May 29, 2008. Saturn of WPB has provided monthly service on our lease vehicles and the customer service has been exceptional. The bid, $2,369.92. includes monthly service, i.e.; regular oil changes. other fluids and tire rotation from Saturn ofWPB. In addition, Saturn of WPB has agreed to waive the disposition fee of $250.00 on each of the seven vehicles due to be turned in on May 29. 2008, a savings of$1,750.00. 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W....o -> Z > 0 0(9 ~ W ZW ~ Z - W...... ~- 0 <( Z ~ ~ 0 W~ ~:2:""" ~Z ~ 0 ~ 5f= <(w <( QI= <( Q >-<( O~~ ~g5 ~ ~ ~ i=::5 ~~ ~O !;x:~ ~6J !;x:(I) WtJ) Ww~ ~ ~I- ~ 0<( ~ <(~ ~~ ~W S:2~ 51- ~CI) W ::::)::::)0 0 0<( W Z..... ~_ 00 ~....... -I- ~w c::CO oo:;:j: 0 ~~ <i m ~ :5~ Oz >::> o~ :r~ u:~ ....0 0 Z 000 I- ~ ~ ~(I) 1-0:: ~~ woo::t I-~ ZCI) ~o 00_ W ~g 0 <( ::> xo ~~ o~ ~~ z:::::> 0::> r-N cococe > ~N I- 0 Z wo ~= 0_ ~M <(~ OClJ I I I I Ul . - i W ~ 5 I :g :S ~ >. "0 :=: C c .S? o ro 0 Q) .8 en ..c: ro Ul ...... "0 E ~ .~ s \ c .::: (1) .~ ~ ~ ~ ~~8.2 "Og;~E! I 20~Ul I Ul..oCro ro .- "0 Ul (1) "0 (1) o =: ~ ~ -go'E Q) 1 j Q) ..01.... ~ > en ~ >. i (1) ro Ul ..0 I 5 ~ ~ ~ I E E :jg ~ o :.;::::; 0 CD ..;: "'0 '- 10... Ul (1) (1) ro l->..c ~ Q) .- ...... >. Il:: (1) 0 C Ou-ro (1) - o : ~ <( - W 0) en 0<.9~ ::;) ~~ffi~ Z <(('I') coco _ COO:::...JOr-:.. _ 0... I-LL...J 0) o ~>-IO<9 I Z LLO:::U<.9,- O<(<(z~(/) <( Z!:::UJUJ ..UJ > o:::~COIUJ>- > ::>~~o...Z W I- ....JUJO Z <(Z<(~I (/)00... 0... "UJ _ ~I-Z...J ....... ,-(/)I-UJ _ UJI-I- Z ~<( Wen >W W..J en ~ I i u.:I: OW UJ > CO UJ W a 0::: _ a LL enw N~O <.9 <(::;) r-:. -, ::> W> >-Q..() 0::: ..J- <t:aro 0 ~Z ~~9 t <(~ w....o Z _ w~ W- f-~~ OUJ >- t- <t: _ N f= u (/) <c 0 f- en (/) <( <( I- Wen wwco 0::: ~...J Z W ::)::)0 0 0:::0... UJ ' ~ClO 00=1:1: 0 u:~ ~ \ :I:O 000 Z Zo ~ \ o ___ UJ 0> 0 t-N COcoCO > u> U BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City): APRIL 15,2008 Bid Title: THREE (3) YEAR LEASE OF SEVEN (7) NEW & UNUSED 2008 SATURN (VUE) VEHICLES Bid Number: 089-2110-08/CJD Bid Received By: MAY 7, 2008, 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: MAY 7, 2008, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: .-)/j 7 U le/fj o~ tudJI" /~ kA8' Federal LD. Number: .2ooJ7'J,,/:J1 A Corporation of the State of: h o"e;:!' 84 Area Code: Sb/ Telephone Number: 6 9/~ (-77 ? 7 Area Code: S---~ / FAX Number: J!Y'-- Y??Y Mailing Address: /~~c/ /V /71/L-f/4dV' /"/L- City/State/Zip: [vcJ'r &--*1/ /~ Vendor Mailing Date: rAt~y THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 13 SPECIFICA TIONS FOR "THREE-YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008 SATURN (VUE) VEIDCLES" Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets with the proposal sheet in order for a bid to be considered. SCOPE OF BID: The City of Boynton Beach is seeking prices from vendors to provide a three (3) year lease program to include, but not limited to, specified requirements for seven (7) new and unused 2008 Saturn (VUE) Vehicles for use in the City's Police Department. TERM OF LEASE Three (3) year lease agreement (} Y 1""'10A./' 7tH j - -L Vehicles must be delivered between May 30, 2008 and June 10, 2008 TYPE OF VEHICLE/SEVEN (7) VEHICLES i Saturn VUE Automatic, Four (4) Cylinders with Full Wheel Cover MAINTENANCE _ Option for City to provide oil changes -L Attach a separate sheet of paper explaining any other maintenance costs related to your lease program. 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE SPECIAL CONDITIONS X Minimum mileage will be 12,000 miles per year X Vehicles will be white in color X Vehicle will be striped with vinyl tape by the City for the Police Department's C.O.P. Program A device will be provided for roof-top mounting of a strobe light X Front floor mats will be provided -K A sample lease agreement will be submitted with proposal FINANCIAL X On Proposal Page 14, list monthly payments per vehicle A List all billable costs at "turn-in time" 4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: ~~ The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of vehicle called for. When submitting more than one bid proposal price for vehicles, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the vehicles in accordance with the specifications for the sum of: LEASE OF SEVEN (7) NEW & UNUSED 2008 SA TURNS: VUE AUTOMATIC, FOUR (4) CYLINDERS WITH FULL WHEEL COVER: 33 8' t-' c2,] be; CIA X7 $ - EACH VEmCLE TOTAL PER MONTH ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the vehicles will be delivered within ~ calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted ;2 _._~~_. Explanation of other maintenance costs relating to vehicles -LJ- submitted: Yes No List of billable costs at "turn-in time" ( / submitted: ~No ~ Copy of lease agreement V--- submitted: Yes No Specification "check-off" sheets (Page 3 & 4): ---X- ' . i_- submitted: Yes No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE \4 );; Tv re N oc: /);47 d-,..., ~A<tI , COMPANY NAME J?tB ~&a (J61 ) 677--f'l?? ~PRrnTED~ y ~jJcU . TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMIITED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 ANTI-KICKBACK AFFIDA VIT ST ATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an fficer of the c~oration. ",' By: . Sworn and subscribed before p ,20 D:/ this ::;2. t/ day of Printed Information: rJ!tfJdI)I ~~ N E ~rJ;tff ~ . o L~~~ TITLE NOTARY PUBLIC, State of Florida ;:41 u/2;4-/ .J it ,', 'J at Large c//;:-~.:y ~/ffth jJ/#ftf( \\\\'''11I1/11111 COMPANY ~\\ III. ~" . s~~~.~~~~ ~',~ ~ q ,,'~\SSlON~', ~ ~ :,>.,~~Q1, .?o~. ~ == : ~~~ {:>..: = * . .-: * = = ... . = _ . B.- ~ '1<: "~/fDD76Q466 i: i.S :E ~ ~... t?q, ~~~.. € s ~ ~ ,.?uQhls1~" <<." S' "OFFICIALS~~~" STAMP 1111""11\1\\\ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE [6 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X~~ Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NOA - If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 17 CONFIRMATION OF DRUf'r-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: l) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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 statemen~ I certify that this the above requirements. -----...--.------.--- THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 18 .. \TLRN~ SATURN OF WEST PALM BEACH - 1. Vehicles can be delivered within 2 days of Contract accepted 2. All vehicles will receive oil changes & tire rotations according to maintenance schedule included in monthly payment 3. All vehicles to be striped by City of Boynton Beach 4. All vehicles to have roof mounted lights installed by City of Boynton Beach 5. There is a $250 turn in fee on each vehicle unless turned in and replaced by a new GM product under guidelines of early termination program 1220 N. MILITARY TRAIL WEST PALM BEACH, FL 33409 561-697 -8977 '" -a . .. .~ E =- .. .. 0 . ..... '" .. . .. " D- I: tit II -- t - .. ~ _ ~ c . __ 8 . > ~ I: .. ~ ~ .. ~ II tit ~ ~ ~ l ~ ~ ~ __ 0 . ~ ~ ~ . ~ ~ ... '" ~~ a ~~ w cDS ~ tit ~~ ~ - =~ - a ~- '" > ~~ ~ .. =cD .. ~~ cD 0 ... :;~ - ~~ ... ~E _ :;: E ..=0 .... .... ._ cD ..= ~ ~ E !j; !j; !j; .5 ~ .!! .!! .!! E.S .5 .5 .5 .!!g"...!!..!!..!! Q) ... -- -- .- ~=-====== 2~ggg c. c::;)_c::;)_c::;)_ OIllC"")"""..o :s = I I I =~ va "" '" .!a Wc -S -s -= CD... C C C ~::::t 0 0 0 _z====== ~EC"")"""..o e ~ Q.. 0 III -. _ III zCD :z :z .... .. III III ~CCIIIIII U ~III... oAO.. -- -. ~ ~::::tll &I e>>!A..es pe.npeq>>s := :. ., ~ ",,; VI.-CONSENT AGENDA ITEM B.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J April 15,2008 March 31, 2008 (Noon) c=J June 17,2008 June 2, 2008 (Noon) c=J May 6, 2008 April 14,2008 (Noon) c=J July 1,2008 June 16,2008 (Noon) c=J May 20, 2008 May 5,2008 (Noon) c=J July 15,2008 June 30, 2008 (Noon) [2J June 3, 2008 May 19,2008 (Noon) c=J August 5, 2008 July 14,2008 (Noon) ~~ c=J Announcements/Presentations c=J City Manager's Report -'- c=J c=J - NATURE OF Administrative New Business .. AGENDA ITEM .- ,..-- [2J Consent Agenda c=J Legal c.-..- c=J c=J - ..... Code Compliance & Legal Settlements Unfmished Business c=J Public Hearing c=J RECOMMENDATION: A Motion to award the "MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION", Bid#042-2510-08/CJD, to Schaeffer Systems International Inc. of Charlotte, NC for an annual expenditure of: $90,000.00. EXPLANATION: On April 17, 2008, Procurement Services opened and tabulated five (5) bids. Bids were evaluated by the Public Works Department and it was determined that Schaeffer Systems International, Inc. of Charlotte, NC was the most practical, responsible bidder who meets all specifications. Solid Waste Division has determined that the apparent "low bidder" was not able to provide "similar" carts to our current inventory or the 18,000 carts already in place. Awarding this bid to Cascade Engineering, Inc. would require us to purchase and inventory another entire set of spare parts for repairs. This would cause some confusion in the field identifying the type of cart for repair or replacement. We currently are doing business with Schaefer Systems International and are very satisfied with their service and deliveries. Larry Quinn, Solid Waste Manager, concurs with this recommendation (see attached memo#08-040.) PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the purchase of Mobile Refuse Containers. FISCAL IMPACT: ACCOUNT#: ESTIMTED ANNUAL EXPENDITURE: 431-2515-534-52- 7 4 $90,000.00 ALTERNATIVES: The alternative to continuing this program would be for e residents to purchase their own carts meeting 0 specificatio s r we purchase the containers and sell them to th residents. City Manager's Signature ~~~ Assistant to City Manager ~ /Z~ City Att~ey / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Larry Quinn - Solid Waste Manager File FPDf'1 : FH>< riD. : 5t=,1 7.426211 May. 19 2008 07:01HM - ... DEPARTMENT OF PUBLIC WORKS MEMORANDUM 08-040 Revised TO: Bobby Jenkins, Deputy Finance Director JthJ ~ .~t~'} THRU: Christine Roberts, Assistant Public Works Director Larry Quinn, Solid Waste Manager@ FROM: DATE: May 16. 2008 SUBJECT: Bid #042-2510.08lCJD - Mobile Refuse Containers - I have carefully reviewed and evaluated the referenced bids for mobile refuse containers. Cascade Engineering was the apparent "low Bidder" yet will not split loads nor is their cart similar in style to our current inventory or the 18,000 carts already in place. Awarding this bid to Cascade Engineering would require us to purchase and inventory another entire set of spare parts for repairs. This would cause some confusion in the field identifying the type of cart for repair or replacement. In addition, I see no offer from Cascade Engineering to ship full loads of mixed sizes. The next apparent low bidder is Schaeffer Systems International These carts are compatible to our current inventory and can be repaired with our current inventory of spare parts. Their bid also allows us to buy mixed loadS of carts at no additional expense, Based on the above, it is my recommendation to award this bid to Schaefer Systems International. The budgeted amount is $90,000,00 - Acoount #431-2515-534-52-74, The alternative to continuing this program would be for the residents to purchase their own carts meeting our specifications or we purchase the containers and sell them to the I-esidents. Copy PW Files SIPW\Correspondencel2008 Memos - Interdepartmental & Interofficel08-040 Revised. Mobile Refuse Containers.dov ...: (/)0 - 0 ~~~ m m m ~"C~ ~ CO"'t~ . U). U). U) lDiiilD oocv~ ~m~~~M 000 w N~~"'t lDClDClDC ZZZ ~ ~'v 0~0~0~ CO . <JZ-~~ Z~Z~Z~ ~m~ 0 ~ ~ ~ Q),...., i:: ...... '~Lri 0 0 ~ Q) >- -CO..v ~GlmGlmGl 0...tC") m ~ >- Q)R ~~~~~~ ~v~ ~ C.. 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Q) 0 Q) ~ =~U ~ ~ ~ Q) en ~ 0:: 0 00-- E ~ E ~ Z- !.LI- 0... .0.......0 > ,- =>0 <(~o ~ ~ ~ ro 0 OJ U-u NO 00 00 ~ 00 :2 c 2 W w.."", ~ ~ al U) :t:: ~ 0 o:::w I-~I.C) ~ U 0 Q) <C '+- '+- 11'\ <( 0::::: N ro c C3 I- .::<:. 0 0 "'-J -, I- Q) - (.) C C W <C 0 I- N cf) 2 (j) J] ~ ag ,Q .Q 00 ~N\ LULU~ ~ :.:J Qi >.. C .::<:. ro~ ro"'O c - 1.1.I ::) ::) 0 - ~ +.,.' ~ (.) E 2 E 2 Q) al ~ 0 0 =I:l: 0 Q - ~ I- ,,/ I- ~ I- ~ E O~ ~ 0 I- ~ ~ ~E ~E <C 000 z 0...... ro c :+:: C.o C.o E Ill:: 11'\ _ - - llJ I- 00 > :;: C 0 ~ 0 ~ 0 ~"'-J cocoCO > 0...:.:J > > <C 000 000 0 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City): MARCH 19,2008 Bid Title: TWO YEAR BID FOR MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION PROGRAM - INJECTION MOLDED MOBILE REFUSE CONTAINERS & PARTS Bid Number: 042-2510-08/CJD Bid Received By: APRIL 17,2008, 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: APRIL 17, 2008, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Schaefer Systems International, Inc. Federal 1.D. Number: 22-1851861 A Corporation of the State of: North Carolina Area Code: 704 Telephone Number: 944-4500 Area Code: 704 FAX Number: 944-4569 Mailing Address: 10021 Westlake Drive City/State/Zip: Charlotte, NC 28273 Vendor Mailing Date: 4-15-2008 ~ Michael L. Knaub, Sr. VP-Managing Name Typed Director THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 17 SPECIFICA TIONS FOR "TWO YEAR CONTRACT FOR MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION PROGRAM- INJECTION MOLDED MOBILE REFUSE CONTAINERS" Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets with the proposal sheet in order for a bid to be considered. It is the City's intent to explore all automatic garbage collection containers presently available on the market. After the bid submittals, only one type of container will be selected for an award and purchase. A "percentage off of list price" quotation is requested for the purchase of container spare parts to be used on the type of container selected. A complete review, evaluation and pricing process will be conducted to support this selection. EVALUATION Where the terms "or equal" and "or equivalent" are used, the intent is to invite bidding of all products meeting the needs of the City. However, in any case, the City of Boynton Beach will be the absolute authority in determining what meets these specifications and needs of the City. regardless of the lowest bid. SCOPE The purpose of this bid is to obtain a source of supply for Injection Molded Mobile Refuse Containers and Parts to be utilized in our existing Automated Garbage Collection program. Iniection Molded Mobile Refuse Containers shall be designed to be lifted and unloaded by both semi and fully automated garbage collection equipment. Container spare parts for Injection Molded Mobile Refuse Containers will be ordered through a percentage off of list price on an "as needed" basis. The containers will be scheduled for delivery over a period of up to two (2) years and shall be purchased on an "as needed" basis. Rev 040303 3 INTENT The City has implemented an automated garbage collection using mobile refuse containers. The number of containers may vary from what is stated in these specifications. Any variations of these numbers will be fully understood by the vendor, there is no guarantee within this bid for an exact number of containers to be furnished under this contract. Any variance of these numbers will not be cause to vary the unit price of the containers. The containers will be ordered on an "as needed" basis. Any spare parts for containers will also be ordered on an "as needed" basis. PRODUCT LITERATURE The bidder shall submit product literature with the bid. SUPPORTING DOCUMENTS The bidder shall include in its bid all evidence and documentation supporting the conformity of the product with the herewith specification which is not printed in the brochures or catalogs submitted. Rev 040303 4 INJECTION MOLDED MOBILE REFUSE CONTAINERS I. GENERAL ~ General Description - The Mobile refuse container shall be designed to contain the average solid waste material accumulated by a household. The container shall be designed, such as to be lifted by either or both American Standard, semi- automated or fully automated collection equipment. The container shall be warranted against material and workmanship defects for no less than lO years, non-prorated, during which time it will be generally maintenance-free under normal usage conditions. The bidder shall submit a copy of its warranty. -----X- Quantity - The successful bidder shall provide approximately 3,000 containers over the two (2) year contract period, in accordance with specifications. These containers will be provided on an "as needed" basis. Delivery dates to be at the Ci ty' s discretion. --X-- Alternate - When ordering containers m truckload quantItIes, based on manufacturer's capacity, container price/truck load container capacity. -----X- Color - The container body, lid, and other plastic components shall be TEAL. Sample of color, will be supplied by the City upon award. II. MA TERIAL ~ Process - The City requires a container manufactured using the Injection Molding Process _L Materials - The container shall be made of high molecular weight, high density polyethylene which yields a superior weight to strength ratio. The material shall contain adequate amounts of ultra-violet stabilization to eliminate color fade over the life of the cart. III. CONSTRUCTION ~ Capacity - The container capacity is a minimum 90, 60, or 30 gallon when full. excluding additional volume achieved by the domed lid in the closed position. State Capacity: 98.3 gallons (90 - 100) 60.5 gallons (60 - 70) ~ gallons (30 - 45) ~ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE _ Weight - For better maneuverability, the weight of the completely assembled 90- 100 gallon container shall be approximately 55 pounds. -L Interior Construction - The interior surface shall be smooth and free from crevices, recesses, projections, and other obstructions where refuse could be entrapped or entangled. The interior construction and shape shall assure the free flow of solid waste contents from the container when dumped. X Exterior Construction - The exterior surface shall be smooth, free of comers or - structures that could be hazardous or harmful. Lid/Hinge X The lid shall have two (2) hinges integrally-molded part of the lid configuration and extending towards the handle. ~ The lid shall pivot onto the handle and be securely attached to the handle mount by end caps. ~ The lid shall be hinged to the handle so as to rotate freely to a full opening of 270 degrees, to a position whereby it may rest against the back side of the container body. ~ The lid shall be designed in such a manner to ensure that the container will be watertight and shall continuously overlap the container body. ~ The continuous overlapping of the body must prevent rainwater, rodents, and birds from intruding into the container. Identification - All containers shall have the following molded into the cart body: -L The year of manufacture and six (6) figure uniquely identified serial numbers in white with a minimum size of one inch (1 "). -L Emboss "CITY OF BOYNTON BEACH" onto the lid in one inch (1") letters. X On the front note "NO HOT ASHES" in % inch letters. ~ At the handle have the message embossed into the lid with one inch (1") letters "Arrow Toward the Street for Pick-up". ~ Handle The handle shall be of one molded piece and shall extend in full length. Each gripping area shall provide enough space for a gloved hand to be placed. 6 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Stability ~ If extreme windy conditions are prevalent, the container must have a wind stability rating of no less than 25 mph without falling over. ~ Wind tunnel test performed by an independent laboratory shall be submitted with the bid. ~ The container (whether empty or full) shall remain in the upright position when the lid is thrown open. Wheels and Axle ~ The container shall be equipped with an axle and two wheels. ~ The wheels and axle shall be designed so as to provide the specified wind stability. -L The wheels shall be snap on, 12" x I %", Tread Cap Wheel. ~ Hub is made of HDPE, with a PVC material on the wheel to prevent tire roll-off with a shock absorbing cell structure to eliminate tire flat spotting. -L The axle housing shall be molded in place, to enhance stability and wheel durability. X The four (4) pronged snaps on locking device is installed without tools, but requires a special tool for removal to prevent theft. _ The locking device shall be nylon 66, self-lubricating and rust free. ~ Tipping Fulcrum - The container must be provided with adequate foot fulcrum or a tipping leverage point directly on the axle. The container must be capable of being easily transported on a level, sloped, or stepped surface in two (2) directions. IV. PERFORMANCE SPECIFICA nONS -L ANSI Compliance - The container shall be in full compliance with the American National Standard ANSI 2245.60. The bidder shall provide a compliance certification that the container(s) provided to the City meet the requirement of this standard. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE X Cart Load Rating - The container shall be capable of accommodating a load weighing up to 315 pounds, exclusive of the weight of the container. Mobility X The container shall be stable and self balancing in it upright position when either empty or loaded to its minimum design load capacity. ~ The container shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its minimum design capacity on a level, sloped, or stepped surface in two directions. ~ Abrasion Protection - The container shall withstand dragging along streets and driveways as well as the normal abrasion caused by the dumping operation. Bottom molded wear strips are acceptable. Container Pick-Up Points ~ The container must be capable of being picked up by a fully-automated application and semi-automated American Standard lifter. -L The container shall be designed in such a manner that it can be engaged by a fully- automated grasping arm of either the belted or non-belted design. ~ The gripping surface shall be non-slip and have a diameter of 23 inches to 27 inches. ~ The container shall be able to withstand squeezing and dropping throughout its expected lifetime without showing the slightest change in its functionality or structural integrity. V. WARRANTY ~ All bidders shall include a copy of their warranty with their bid. VI. SAMPLES ON REQUEST -L Bidders shall submit upon request samples of the carts for review. VII. REFERENCES X All bidders shall demonstrate their experience in manufacturing containers by furnishing a list of U.S. municipalities using the proposed containers of size, design, and material offered. The list must show at least three (3) municipalities, each have a minimum of 10,000 of the proposed containers. The name and telephone number of a contact person at each of the references shall be provided. 8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: April 15, 2008 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: INJECTION MOLDED MOBILE REFUSE CONTAINERS: (Estimated Quantity 3,000) DESCRlPTION UNIT PRICE ASSEMBLY & ON STREET DELIVERY UNIT PRICE Iniection Molded Mobile Refuse Containers Per the attached specifications 90-100 Gallon Containers: Schaef er /USD9 5B $ 50. 95* $ N/A Mfg./Model 60-70 Gallon Containers: Schaefer/USD65B Mfg./Model $ 44.56-1', $ N/A 30-45 Gallon Containers Schaefer/USD35B Mfg./Model $ 35.46':- $ N/A AL TERNATE: Order truck load quantities -*Mixed sizes in combined truckloads Truck load container capacity: 427 $ 50.95 $ N/A 90-100 Gallon 576 $ 44.56 $ N/A 60-70 Gallon 1,008 $ 35.46 $ N/A 30-45 Gallon THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 ALL PRICES F.O.B. BOYNTON BEACH Prices quoted shall include any and all costs of delivery to and unloading at the Public Works Compound, 222 N.E. 9th Avenue, Boynton Beach, Florida 33425. Prices quoted must be held for ninety (90) days to allow for evaluation. Bid price shall be good for two (2) years upon award. It is further agreed that the product will be delivered within 45-60 calendar days from the date of the Purchase Order from the City. 1 n % discount off of list pricing will be extended to the City for the purchase of container spare parts on an "as needed" basis (enclose price sheet). Number of Bid Proposals submitted 1 Specification "check-off' sheets (Pages 5-8) submitted X Yes/No Product Literature submitted X Yes/No List of References submitted X Yes/No WaITanty Enclosed X Yes/No Wind tunnel Test submitted X ~ Y es/N 0 Schaefer Systems International, Inc. . COMPANY NAME SIGNATURE Michael L. Knaub PRINTED NAME ( 704) 944-4500 Sr. VP-Managing Director TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 ANTI-KICKBACK AFFIDA VIT NORTH CAROLINA ST A TE OF }X~~~ ) COUNTYOF~~~M~ SS ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firn1 or by an officer of the corporation. By: NA~ Sworn and subscribed before me this 14th day of April ,20 08 - Printed Information: Michael L. Knaub NAME Sr. VP-Managing Director TITLE Schaefer Systems International, Inc. COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE 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 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 21 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: l) Publish a statement notifying employees that the unlawful manufacture, distribution. dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (l). 4) In the statement specified in subsection (l), 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 Michael L. Knaub THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 VI.-CONSENT AGENDA ITEM C.1 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 o April] 5, 2008 March 3],2008 (Noon) o June] 7.2008 June 2, 2008 (Noon) o May 6, 2008 April ]4,2008 (Noon) o July 1,2008 June 16, 2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) [gI June 3, 2008 May] 9,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Approval of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. EXPLANATION: This agreement between all of the law enforcement agencies in Palm Beach County facilitates the lending of law enforcement assistance among the various departments in times of natural and man-made disasters, civil disturbance, special events and other situations where additional police intervention is warranted. This agreement, which was originally signed by the Palm Beach County law enforcement agencies in 1992, has facilitated mutual aid among the cities, county and state on numerous occasions and provides the citizens of Boynton Beach with additional police assistance when it is needed. This agreement also authorizes law enforcement officers of subscribing law enforcement agencies to exercise the power of arrest and investigation in any jurisdiction in the county for any offenses constituting a felony or an act of domestic violence. This agreement will continue in effect until January 31, 2013. PROGRAM IMP ACT: This agreement is not expected to impact departmental operations in any manner. FISCAL IMP ACT: There is no fiscal impact associated with this agreement. Situations covered by the Mutual Aid Agreement are normally very short in duration (eight hours or less) and involve the deployment of manpower resources for that amount of time only. AL TERNA TIVES: None. S\BULLET]N\FORMS\AGENDA ]TEM REQUEST FORMDOC CITY OF BOYNTON BEACH GENDA ITEM REQUEST FORM ~ City Manager's Signature , Assistant to City Manager .~ I - ''''( "--.... ~_.---_._-_._- Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,l)OC / 1 RESOLUTION NO. R08- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR 6 AND CITY MANAGER TO EXECUTE A MUTUAL AID 7 AGREEMENT FOR PALM BEACH COUNTY LAW 8 ENFORCEMENT AGENCIES COMBINED OPERATIONAL 9 ASSISTANCE AND VOLUNTARY COOPERATION; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 14 WHEREAS, the subscribing agencies are so located in relation to each other that it is 15 to the advantage of each to receive and extend mutual aid in the form of law enforcement 16 services and resources to each other, pursuant to the terms set forth in the attached Mutual Aid 17 Agreement. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 20 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 23 authorizes and directs the Mayor and City Manager to execute a Mutual Aid Agreement for 24 Palm Beach County Law Enforcement Agencies Combined Operational and Voluntary 25 Cooperation, a copy of that Agreement is attached hereto as Exhibit "A". 26 Section3. This Resolution shall take effect immediately upon passage. 27 28 29 S:I IRESOlAgreementslBBPDlMutual Aid Agreementdoc 1 PASSED AND ADOPTED this ___ day of June, 2008. 2 CITY OF BOYNTON BEACH. FLORIDA 3 4 5 6 Mayor - Jerry Taylor 7 8 9 10 Vice Mayor - Jose Rodriguez 11 12 13 14 Commissioner-Ronald Weiland 15 16 17 ~_.._~_._~- 18 Commissioner - Woodrow L. Hay 19 20 21 ._~--_._. 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 - -"--------- 27 Janet M. Prainito. CMC 28 City Clerk 29 30 31 (Corporate Seal) S:I IRESOlAgreementslBBPDlMutual Aid Agreementdoc I PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment /, which is incorporated by reference, are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1 ) Intensive situations, including, but not limited to, emergencies as defined under Section 252.34, Florida Statutes, and (2) Continuing, multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, et. seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1 ) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Each of the subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and/or voluntarily render routine law enforcement assistance to the other, to include, but not necessarily be limited to. investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or School Board property, inter-agency task forces and/or joint investigations, and coverage for overtime details. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he/she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. School District Police Officers are hereby authorized to enforce laws in an area within 1000 feet of a school or school board property and within 1000 feet of any school sponsored event including, but not necessarily limited to, public school graduations, proms, dances and project graduations. Should a sworn law enforcement officer (officer) be in another subscribed agency's jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the presence of said officer, he/she shall be empowered to exercise authority as a law enforcement officer as if the officer was in his/her own jurisdiction. Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, and/or secure apprehension of violent criminals whom the law enforcement officer may encounter. Furthermore, sworn law enforcement officers (officer) of subscribing law enforcement agencies are hereby authorized to exercise the power to make arrests in any subscribing agency's jurisdiction of persons identified as a result of investigations ') L regarding any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, that occurred within the jurisdiction of the arresting officer. However, this paragraph does not include authority to make non-consensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this paragraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to this paragraph, the officer shall notify the Commanding Officer in charge of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. The Agency Head's decision in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. CONFLICTS: Whenever a Law Enforcement Officer is rendering assistance pursuant to this Agreement, the Law Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing of the complaint shall be forwarded without delay to the Agency Head or his/her 3 designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Employees of each participating Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. B. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth above; provided however, that no agency shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. Communication with personnel from outside agencies will be accomplished with a shared radio frequency. Should the agency furnishing aid not have the capability to communicate on a shared radio frequency, then the requesting agency will either provide radios to the personnel of the agency furnishing aid or pair personnel from the agency furnishing aid with personnel from agencies that have the capability to communicate on a shared radio frequency. D. A political subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. E. The agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. F. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the 4 employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, auxiliary, and reserve employees. G. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. H. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VII: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until January 31,2013. On or about September 30, 2012, a committee will be established by the Palm Beach County Law Enforcement Planning Council in conjunction with the Palm Beach County Association of Chiefs of Police, Inc., to review this Agreement and revise, if necessary. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VIII: CANCELLATION Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. 5 ATTEST: CITY OF ATLANTIS: Manny Fernandez, Mayor (d ate) Robert G. Mangold, Chief of Police (date) Mo Thornton, City Manager ( date) (date) CITY OF BOCA RATON: Susan Whelchel, Mayor (date) Dan Alexander, Chief of Police (date) Leif Ahnell, City Manager (date) (date) CITY OF BOYNTON BEACH: Jerry Taylor, Mayor (date) G. Matthew Immler, Chief of Police ( date) Kurt Bressner, City Manager (date) ( date) CITY OF DELRAY BEACH: Rita Ellis, Mayor (date) Joseph L. Schroeder, Chief of Police (date) David T. Harden, City Manager (date) (date) FLORIDA ATLANTIC UNIVERSITY: Frank T. Brogan, President (date) Charles Lowe, Chief of Police ( date) (date) (date) 6 CITY OF GREENACRES: Samuel J. Ferreri, Mayor (date) Phillip A. Ludos, Director of Public Safety (date) Wadie Atallah, City Manager (date) (date) TOWN OF GULFSTREAM: William F. Koch, Jr., Mayor (date) Garrett J. Ward, Chief of Police (date) William H. Thrasher, Town Manager (date) (date) TOWN OF HIGHLAND BEACH: Jim Newill, CPA, Mayor (d ate) Carlo Angelillo, Chief of Police (date) Dale S. Sugarman, Ph.D., Town Mgr (date) (date) TOWN OF JUNO BEACH: Jim Lyons, Mayor (date) Robert Daniels, Acting Chief of Police ( date) Jeffrey Naftal, Town Manager (date) (date) TOWN OF JUPITER: Karen Golonka, Mayor (date) Frank J. Kitzerow, Chief of Police (date) Andrew D. Lukasik, Town Manager (date) (date) 7 TOWN OF JUPITER INLET COLONY: John M. Zuccarelli, III, Mayor (date) Joseph Benevento, Chief of Police ( date) Joann Manganiello, Town Manager (date) ( date) TOWN OF LAKE CLARKE SHORES: Malcolm K. Lewis, Mayor (date) William W. Smith, III, Chief of Police (date) Joann Hatton, Town Administrator ( date) (date) CITY OF LAKE WORTH: Jeff Clemens, Mayor (date) William E. Smith, Chief of Police (date) Robert Baldwin, City Manager (date) (date) TOWN OF LANTANA: David J. Stewart, Mayor (date) Richard M. Lincoln, Chief of Police (date) Michael Bornstein, Town Manager ( date) (date) TOWN OF MANALAPAN: William E. Benjamin, II, Mayor (date) Wilbur C. Walker, Chief of Police (date) Greg Dunham, Town Manager (date) (date) 8 VILLAGE OF NORTH PALM BEACH: William Manuel, Mayor ( date) Steve Canfield, Chief of Police (date) James Knight, Village Manager (date) (date) TOWN OF OCEAN RIDGE: Kenneth Kaleel, Mayor (date) Edward G. Hillery, Jr., Chief of Police (d ate) Ken Schenck, Town Manager (date) (date) TOWN OF PALM BEACH: Jack McDonald, Mayor (date) Michael S. Reiter, Chief of Police (d ate) Peter Elwell, Town Manager (d ate) Richard M. Kleid, President, Town Council (date) PALM BEACH COUNTY SHERIFF'S OFFICE: (date) Ric L. Bradshaw, Sheriff (date) (date) (date) PALM BEACH COUNTY SCHOOL DISTRICT: William G. Graham, Chairman (d ate) James P. Kelly, Chief of School Police (date) Arthur C. Johnson, Ph.D., Superintendent (date) (date) 9 CITY OF PALM BEACH GARDENS: Eric Jablin, Mayor (date) Stephen J. Stepp, Chief of Police (date) Ronald Ferris, City Manager (date) ( date) TOWN OF PALM BEACH SHORES: Thomas R. Mills, Mayor (date) Roger K. Wille, Chief of Police (date) Cynthia Lindskoog, Town Manager ( date) (date) VILLAGE OF PALM SPRINGS: John M. Davis, Mayor ( date) Jay C. Pickens, Director of Public Safety (date) Karl E. Umberger, Village Manager (date) (date) CITY OF RIVIERA BEACH: Thomas Masters, Mayor (date) Clarence D. Williams, III, Chief of Police (date) William Wilkins, City Manager (date) (date) TOWN OF SOUTH PALM BEACH: Maurice J. Jacobson, Mayor ( date) Roger M. Crane, Chief of Police (date) Rex Taylor, Town Manager ( date) (date) 10 VILLAGE OF TEQUEST A: Pat Watkins, Mayor (d ate) William McCollom, Chief of Police (date) Michael Couzzo, Jr., Village Manager (date) (date) CITY OF WEST PALM BEACH: Lois Frankel, Mayor (d ate) Delsa R. Bush, Chief of Police (date) Ed Mitchell, City Manager (date) (date) 11 Attachment I Atlantis Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenacres Police Department Gulfstream Police Department Highland Beach Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lake Worth Police Department Lantana Police Department Manalapan Police Department North Palm Beach Police Department Ocean Ridge Police Department Palm Beach Police Department Palm Beach County Sheriffs Office Palm Beach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department 12 VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15.2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14. 2008 (Noon) D July 1,2008 June 16. 2008 (Noon) D May 20. 2008 May 5, 2008 (Noon) D July 15, 2008 June 30. 2008 (Noon)_~=-:, '-,,'.""1 [8J June 3,2008 May 19,2008 (Noon) D August 5. 2008 July 14,2008 (Noon) .......,'.. ~'- , . \....':) D Announcements/Presentations D City Manager's Report -, [gJ Administrative D New Business -, NATURE OF -.'- AGENDA ITEM 0 Consent Agenda 0 Legal .- ;",) D Code Compliance & Legal Settlements D Unfinished Business (; \ 0 Public Hearing D RECOMMENDATION: Approve and execute, via a Resolution, the 3rd amendment of the lnterlocal Agreement between Palm Beach County and the City for funding of construction of the replacement of the Wilson Center, extending the project completion date to September 30, 2008. EXPLANATION: The lnterlocal Agreement with Palm Beach County for funding of the Wilson Project was ratified in August 2004. At that time, the City agreed to complete the project by August 2007. Additional time is being requested to complete final payments and accounting for the completed project and to finalize the reimbursement process for the County. This delay was caused by the January 22, 2008 storm that flooded the pump room of the Denson Pool at Wilson Park. PROGRAM IMPACT: None. This action simply allows us to be consistent with requirements established as part of the lnterlocal Agreement FISCAL IMPACT: N/A AL TERNA TIVES: Do not approve the amendment to the agreement. /~~ ~ Department Head's Signature City Manager's Signatu're ~ *0 C;ty Mon'gc, cM.J ,/ 'J " >): ,1L ,k -t~~---<---~'- f C . t ", Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 MAYOR AND CITY CLERK TO EXECUTE A THIRD 6 AMENDMENT TO AGREEMENT BETWEEN PALM 7 BEACH COUNTY AND THE CITY OF BOYNTON 8 BEACH FOR FUNDING OF THE RECREA TION 9 CENTER AT WILSON PARK; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, on August 16, 2004, the City of Boynton Beach and Palm Beach I I 13 I County entered into an Agreement to provide funding in an amount up 10 I I 14 I $1,000,000.00 for funding of the Wilson Park Recreation Center for the period August 15 16, 2004 through August l6, 2007; and 16 WHEREAS, in July. 2007, Palm Beach County and the City of Boynton Beach 17 agreed to extend the completion deadline until December 31, 2007 and again extended 18 the deadline to March 31. 2008: and 19 WHEREAS, the purpose of this Third Amendment to the Interlocal 20 Agreement is to allow for additional project completion time for construction of the 21 Wilson Park Recreation Center project due to a storm in January, 2008 that flooded the 22 pump room for the Denson Pool at Wilson Park. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 24 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption hereof. 28 Section 2. This Commission does hereby authorize and direct the Mayor -CA\RESO\Agrt:ements\lnterlocals\Interlocal-Wilson RecreatIon Amd -"1 dele . ! 1 and City Clerk to execute a Third Amendment to Agreement between Palm Beach 2 County and the City of Boynton Beach to extend the project completion date for the 3 construction of Wilson Recreation Center to September 30, 2008, a copy of which is 4 attached hereto as Exhibit "A". 5 Section 3 That this Resolution shall become effective immediately upon 6 passage. 7 PASSED AND ADOPTED this _ day of June, 2008. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor - Jerry Taylor 13 14 15 Vice Mayor - Jose Rodriguez 16 17 18 Commissioner - Ronald Weiland 19 20 21 Commissioner - Woodrow L. Hay 22 23 24 Commissioner - Marlene Ross 25 26 TTEST: 27 28 29 30 anet M. Prainito, CMC 31 ity Clerk 32 33 34 Corporate Seal) 35 36 "\CA\RESO\Agreements\Interlocals\Interlocal-Wilson Recreation Amd 3.doc THIRD AMENDMENT TO AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE RECREATION CENTER AT WILSON PARK THIS THIRD AMENDMENT TO AGREEMENT (R- 2004-1761) is entered into on . by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Boynton Beach, a corporate body politic pursuant to the Constitution of the State of Florida. hereinafter referred to as "MUNICIPALITY" WIT N E SSE T H: WHEREAS, on August 16, 2004, COUNTY entered into an Agreement with MUNICIPALITY (R-2004- 1761) to provide funding in an amount up to $1,000,000 for funding of a the Wilson Park Recreation Center (The Project) for the period August 16, 2004, through August 16, 2007: and WHEREAS, on July 10, 2007, COUNTY entered into a First Amendment to Agreement to allow for a time extension of the Agreement until December 31, 2007, to complete construction of the Project; and WHEREAS, on January 15, 2008, COUNTY entered into a Second Amendment to Agreement, as amended, to allow for a time extension of the Agreement until March 31, 2008, to complete construction ofthe Project; and WHEREAS, MUNICIPALITY has requested that COUNTY provide a third Amendment to the Agreement, as amended, until September 30, 2008. to allow additional time to complete final payments and accounting for the completed Project and to finalize the reimbursement process with the County; and WHEREAS, COUNTY desires to allow additional time for MUNICIPALITY to complete final payments and the County reimbursement process for the Project; and WHEREAS. the parties desire to amend the Agreement, NOW THEREFORE, the parties hereby agree as follows 1, Section 2,06 of the Agreement, as amended shall be amended by deletinq "until March 31, 2008" and insertinq "until September 30, 2008" in its place, 2 Except as provided herein, each and every other term of the Agreement, as amended, shall remain in full force and effect and the Agreement is reaffirmed as modified herein IN WITNESS WHEREOF, the parties. by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above ATTEST: SHARON R. BOCK, CLERK & Comptroller PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By By: Deputy Clerk Commissioner Addie L, Greene, Chairperson ATTEST: CITY OF BOYNTON BEACH By: By City Clerk Mayor APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL LEGAL SUFFICIENCY SUFFICIENCY By By City Attorney County Attorney APPROVED AS TO TERMS AND CONDITIONS By Dennis L, Eshleman, Director Parks and Recreation Department VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested CIty CommIssion Date flIlal Form Must be Turned Requested City Commission Date final Form Must be Turned Meel1ng Dates in to City Clerk's Of1ice Meeting Dates in to City Clerk's OtTice 0 Apnl 15.2008 March 3].2008 (Noon) o June 17,2008 June 2. 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) o July I. 2008 June 16.2008 (Noon) 0 May 20, 2008 May 5. 2008 (Noon) 0 July 15.2008 June 30. 2008 (Noon) ~._. ~ June 3. 2008 May 19,2008 (Noon) 0 August 5. 2008 July 14, 2008 (Noon) ~.~. - 0 Ann ouncements/Presentati ons 0 City Manager's Rep011 C."j NA TURE OF 0 Administrative 0 New Business ~.... '~'1 -."" AGENDA ITEM ~ Consent Agenda 0 Legal .. 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENOA nON: Motion to approve and authorize signing of an Agreement for Water Service outside the City Limits with Marquez Jones Joint Venture, LLC for the property at 7149 Hypoluxo Farms Road, Lake Worth, Florida. The associated Property Control Numbers (PCNs) are 00-42-45-11-00-000-1040, 00-42-45-11-00-000-1050, and 00-42-45-11-00-000-1060. EXPLANATION: The parcels covered by this agreement include fifty (50) Equivalent Residential Connections, which will be serviced by the City. The Developer will be responsible for installing water and sewer lines to this site or coordinating connection to future developments. PROGRAM IMP ACT: No additional construction will be required by the City to serve this property. FISCAL IMP ACT: None. AL::;T1VES, No",. Th~ pam' i, within tho Utiliti" ".-vi<< a<<a. b 4 ~~ j; r. t.<h~ . >f,d..- - Department Head's Signature I City Manager's Signature ~;'la: to City M"ag" ___~ ~ - ~_.._.--------------~ Department Name City Attorney Finance Xc: Peter Mazzella (w/attachments) City Attorney (w/attachments) File (w/attachments) S:\13ULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC II II 1 RESOLUTION NO. R08- 2 ,.., A RESOLUTION OF THE CITY OF BOYNTON BEACH, .) 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND MARQUEZ JONES 9 JOINT VENTURE, LLC; PROVIDING AN EFFECTIVE 10 DATE. II 12 13 WHEREAS, the subject property is located outside of the City limits. but within our 14 water and sewer service area, at 7149 Hypoluxo Farms Road. Lake Worth. Florida (PCN: 00- 15 42-45-1l-00-000-1040, 00-42-45-11-00-000-1050 and 00-42-45-] 1-00-000-1060); and 16 WHEREAS, the parcels covered by this agreement include fifty (50) equivalent 17 residential connections which will be serviced by the City: and 18 WHEREAS, the developer will be responsible for installing water and sewer lines to 19 this site or coordinating connection to future developments. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and contirmed as 23 eing true and correct and are hereby made a specific part of this Resolution upon adoption 24 'r Section 2. The City Commission hereby authorizes and directs the City Manager -) 26 o execute a Water Service Agreement between the City of Boynton Beach. Florida and 27 ARQUEZ JONES JOINT VENTURE, LLC. a copy of said Agreement is attached hereto as 28 xhibit "A", 29 Section 3. This Resolution shall become effective immediately upon passage. ,"\CA\RESO\Agreements\Waler Service\Marqucz Jones Waler Serl'lcc Agreement.doc I 1 2 PASSED AND ADOPTED this day of June, 2008. 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor - Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 Commissioner - Woodrow L. Hay 19 20 21 Commissioner - Marlene Ross 22 Attest: 23 24 25 26 anet M. Prainito, CMC 27 City Clerk 28 29 30 31 32 Corporate Seal) :\CA\RESO\Agreements\Water Service\Marquez Jones Water Service Agreement.doc Qj 2 <D <D f'- ~ '1J*X~';_.'h ----'-----" ..~ CO ..~.~- c ....( 0 ~ CJ) E L... CO LL r- >< :J - 0 c.. ~ I ~, 0) ~ ,f;" ~ 1" I'-- ~~.;- -< ~ t.. "p...... ,- ;. -.. ~-.... l\-,::r" .....:_,. - Palm Beach County Property Appraiser Property Search System Page 1 of2 I'lm-~~~~l?:3;'~~:- '~foperty.Appralur's Puhlic Access Svslem ":,rk~~~'~ ~ ,. '" ~ .; ~... 1 ~,.''' '" ,~ ,;:~; t - :"'. , y;, ~ n C . '~, {,,- -- , Property Information 1;;dddiU~,..:~.1 Location Address: 7149 HYPOLUXO FARMS RD Calculate _.nn,.. / ,,;v'..,',_n' Municipality: UNINCORPORATED Parcel Control Number: 00-42-45-11-00-000-1040 Subdivision: Official Records Book: 21622 Page: 1479 Sale Mar-2007 Date: LID . t' 11-45-42, S 342.65 FT OF N 1027.95 FT OF W 1374 FT OF NE 1/4 /LESS ega. escnp IOn: CNL & RD RIWSI, BEING LT 3 OF HYPOLUXO FARMS Owner Information Name: MARQUEZ JONES JOINT VENTURE LLC ~l Mailing Address: 190 CONGRESS PARK DR STE 180 DELRAY BEACH FL 33445 4707 Sales Information Sales Date Book/Page Price Sale Type Owner 1.';hi..II.;.s.b;.*.,;~1 Mar-2007 21622/1479 $6,000,000 WARRANTY DEED MARQUEZJONESJOINTVENTURELLC Sep-2005 19631/1175 $0 QUIT CLAIM MARQUEZ HYPOLUXO PROPERTIES LLC Sep-2005 19631/1173 $0 QUIT CLAIM MARQUEZ HYPOLUXO PROPERTIES LLC Exemptions Exemption Information Unavailable. Appraisals Tax Year: 2007 20QE) 2005 Property Information Improvement Value: $191,872 $156.236 $148.317 Number of Units: 1 Land Value: $1.679.700 $1.679.700 $1 527.000 *Total Square Feet: 3656 Total Market Value: $1,871,572 $1 835.936 $1,675,317 Acres: 10.18 Use Code: 0100 Descri ption: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2007 :l00E) 2005 Assessed Value: $1,871 572 $1.835.936 $159.671 1;~f~tJ Exemption Amount: $0 $0 $25.000 Taxable Value: $1,871.572 $1,835.936 $134.671 http:/ /www.co.palm-beach.f1. us/papa/aspx/web/detail_info.aspx?p _ entity=00424511 00000... 5/14/2008 Palm Beach County Property Appraiser Property Search System Ii Tax Values ---J Tax Year: 2007 2006 2005 l,0;1'B1~i!~\@~J I Ad Valorem: $31,427 $33.513 $2566 I Non Ad Valorem: $630 $668 $647 i Total Tax: $32,057 $34,181 $3,213 'Calculate tdditionall i l ;~g~.~ ; ; Tax Collector WebSite -____._0__._ ,.. __.__ NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http://www.co.palm-beach.tl.us/papa/aspx/web/detail_info.aspx?p _entity=00424511 00000... 5/14/2008 Page 1 of 1 Gary R. Nikolits,CFA Palm Beach County Property Appraiser Property Mapping System N MARQUEZ JONES JOINT ame: VENTURE LLC Location: 7149 HYPOLUXO FARMS RD M T 190 CONGRESS PARK DR STE al 109: 180 DELRAY 8EACH, FL 33445 4707 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: $31,426.7 Non ad valorem: $629.55 Total: $32,056.25 Sales Information Sales Pate Mar-2007 Sep-2005 Sep-2005 Sep-2005 Sep-2005 Sep-2005 Sep-2005 Sep-2005 Mar- 2000 CAn_tOQd. Legend Palm Beach County Property Map D Parcel Borndary Map Scale 1 :4399 ~ Lot nunber Map produced on 5/14/2008 from PAPA hnp:l/www, pbcgov ,com/papa http://gisweb.co. palm -beach. fl. us/ipapagis/presentati on/mapping/printnew. asp ?MAPURL=... 5/14/2008 Palm Beach County Property Appraiser Property Search System ::'"~'Jffo"pefty Ap praise: c, P d'r!i c ;\: (' e", ",,' ('" ~~ ::: r~ .. , -,"""..,, Property Information '-'-'---'-'---, 1>""'.!'iilV~&~""",,1 '!4~~ i "'''''''''1 Location Address: HYPOLUXO FARMS RD f Calculate J L,ldiillilt~a_.~>;: ' Municipality: UNINCORPORATED Parcel Control Number: 00-42-45-11-00-000-1050 Subdivision: Official Records Book: 21622 Page: 1479 Sale D t, Mar-2007 a e: Legal D sc "pt'n. 11-45-42, S 171.33 FT OF N 1370.60 FT OF W 1388.55 FT OF NE 1/4 BEING e n 10. S 1/2 L T 4 UNREC PL OF HYPOLUXO FARMS Owner Information ~ Name: MARQUEZ JONES JOINT VENTURE LLC Mailing Address: 190 CONGRESS PARK DR STE 180 I I DELRAY BEACH FL 33445 4707 I [ --1 Sales Information I;~I Sales Date Book/ Price Sale Type Owner Mar-2007 21622/1479 $6,000,000 WARRANTY DEED MARQUEZJONESJOINTVENTURELLC Sep-1999 11372/0422 $450,000 WARRANTY DEED MARQUEZ NURSERIES INC i I Sep-1993 07895/0388 $150,000 QUIT CLAIM J [ Exemptions ~ Exemption Information Unavailable. Appraisals ---_._---,-~. Tax Year: 2007 2006 2QQ!:i Property Information Improvement Value: $80,742 $81.691 $63.391 Number of Units: 1 Land Value: $849 750 $849.750 $772.500 *Tota! Square Feet: 1586 Total Market Value: $930 492 $931,441 $835.891 Acres: 5.15 Use Code: 0100 : RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2007 2006 2005 Assessed Value: $930,492 $931,441 $81 416 l0il~",J I Exemption Amount: $0 $0 $0 Taxable Value: $930,492 $931.441 $81,416 -~~-- http://www.co.palm-beach.fl. us/papaJaspx/web/detail_)nfo,aspx?p _ entity=004245 I 100000,.. 5/1 4/2008 Palm Beach County Property Appraiser Property Search System Page 2 of2 Tax Values Tax Year: 2007 2006 20Q~ liy,,~kiil Ad Valorem: 15 624 $17 002 $1 551 I"Y';:~J&*,~lil"0d4~ffill Non Ad Valorem: $486 $503 $481 Total Tax: $16,110 $17 505 $2 032 C.lcuI.teAdditiQnal t'd/ t";h~)V".! -.:j>"{"'ct -~----::~_:;_; :'1_ Tax Collector WebSite NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http://www.co.palm-beach.f1. us/papalaspx/web/detail_info.aspx?p _ entity=0042451100000... 5/14/2008 11' :, ..'.."...~~:..., ..,.~~~C;"'i,~i~:', " ,,.;;., ~ '~' ~:., ''''c:,iJ',..,'..CC " , , ' . c"cc '., . ,.' "., ",c.,.,..' ,."Ji~i;;~,:"., .., I . I I . I . . I . . I . I. I . . ~ .. . . I I . I . I . . . . : Palm Beach County Property Appraiser Property Search System Page 1 of 1 I;~f':"'.~ ~. .~f~~.Tly Appraiur's F'ubllc A.ccess System ::u}f~ <<t; ~ ~ ~ ;> ~ ": ~"' ."'" ~';:2"': l t"',,, t.... _ ') ", ,.. 5 ~ ,-- - ' . i'?ilitm: '" ~"," M "'''1_ ; 't~~*"~,,,:,,>> Property Information Location Address: HYPOLUXO FARMS RD Municipality: UNINCORPORATED Parcel Control Number: 00-42-45-11-00-000-1060 Subdivision: Official Records Book: 21622 Page: 1479 Sale Mar-2007 Date: LID . t' 11-45-42, S 171.32 FT OF N 1199.27 FT OF W 1388.55 FT OF NE 1/4 BEING ega escnp Ion: N 1/2 OF LT 4 UNREC PL OF HYPOLUXO FARMS Owner Information Name: MARQUEZ JONES JOINT VENTURE LLC ldtII~~ttl Mailing Address: 190 CONGRESS PARK DR STE 180 DELRAY BEACH FL 334454707 Sales Information Sales Date Book/Page Price Sale Type Owner Mar-2007 21622/1479 $6,000,000 WARRANTY DEED MARQUEZ JONES JOINT VENTURE LLC Sep-1999 1137810422 $450,000 WARRANTY DEED MARQUEZ NURSERIES INC Mar-1992 07176/0996 $70,000 WARRANTY DEED Exem ptions Exemption Information Unavailable. Appraisals Tax Year: Property Information Improvement Value: 0 Number of Units: 0 Land Value: 848,100 Acres: 5.14 Total Market Value: $848 100 Use Code: 0000 Description: VACANT ~ Assessed and Taxable Values Tax Year: 2()()] 2006 2005 Assessed Value: $848 100 $848,100 $17.990 __m,~I4lil1 Exemption Amount: $0 $0 $0 Taxable Value: $848,100 $848100 $17.990 Tax Values Tax Year: :2,()()7 2006 2005 I~GaI~~;1 Ad Valorem: $14,241 15 481 343 Non Ad Valorem: $198 $198 $198 Total Tax: $14 439 $15 679 $541 Tax Collector WebSite NOTE: lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http://www.CO. palm-beach.flus/papalaspx/web/detail_info.aspx?p _ entity=00424511 00000... 5/14/2008 PaLCC' Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Owner Information -, peN: 00424511000001060 I I ! Na e' MARQUEZ JONES JOINT m . VENTURE LLC I Location: HYPOLUXO FARMS RD Mailing: ~:~ CONGRESS PARK DR STE DELRAY BEACH, FL 33445 4707 Appraisal Value Market Value: $848,100 Assessed Value: $848,100 Exempt Amnt: $0 Taxable: $848,100 Tax Value Ad Valorem: $14,240.97 Non ad valorem: $198.30 Total: $14,439.27 Sales information Sales Date Price Mar-2007 $6,000,000 Sep-1999 $450,000 Mar-1992 70 000 Legend Palm Beach County Property Map C=:J Parcef B o lIld ary Map Scale 1:4406 ~ Lot nunber Map produced on 5/] 4/2008 from PAPA http::',\\ww,phcgov,com.'papa http;/Igisweb.co.palm-beach.fl. us/ipapagi s/presentati on/mapping/printnew. asp ?MAPURL = .. . 5/14/2008 TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please 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, PRIOR 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 3RD TUESDAY OF EVERY MONTH) Sincerely Peter V. Mazzella Deputy Director of Utilities Owner Information Owner's Name: Marquez Jones Joint Venture L.L. C. Mailing Address: 190 Congress park Drive. suite 180 Delray Beach Florida 33445 No, & Street City State Zip Code Telephone No. 561-274-4210 Property Information: Address: 7149 Hvvoluxo Farms Road Lake Worth Florida 33463 No, & Street City State Zip Code Property Control Number (PCN): 00-42-45-11-00-000-1040. 00-42-45-11-00-000-1050. 00-42-45-11-00-000-1060 THIS INSTRUMENT PREPARED BY James A. Cherot~ 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, Richard S. Jones Jr., as Corporate Representative of Marquez Jones Joint Venture. LLC, 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: Property Control Number (PCN): 00-42-45-11-00-000-1040, 00-42-45-ll-00-000-1 050. 00-42-45- I 1-00-000-1060 The powers and authority of my attorney. THE CITY OF BOYNTON BEACH. FLORIDA. shall commence and be 111 full force and effect on the da\ of -- .20 _ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF. we have hereunto set our hands and seals the day of -~ , in the year 20 ~-- Sealed and delivered in the presence of ~~ . A '-.u W .. .~ Corporation Name: ;tl"..~ I.I,~~ ~,.s J~l.+ V.utfw<; /..I..C.. Witness Si ture \'f\"'r~~'... 6. ~'),\:4"'S By~H Print Na e Print Name and Title: 'R;~.rJS..Sj,.~:rr. ~~ fJr (~~ ATTEST t;~,'~.... . AbtJ~bbt) Print Name Secretary Corporate Seal: STATE OF \- \or\.Ac.. ) , ) SS: COUNTY of)?c, \ M.. ~"''''l'~ ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and m the County aforesai,d take acknowledgments, -s;ersonallY appeared ~,c-~Q..'" d S. :r~"'t"i.3>" as f N\o ""tt, t...o-~ ~ O'C">oL'l. a:n+-\l....named in the foregoing agreement and that he/she ac edged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in himlher 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 ---2- day of A~ (' \ \ ,200<b. ^- ~~ - ~- .. ~^"- ~.520 .~ ~ NOTAR LIC '. \'1\n~r'l< P\V\III W, \\\.QflA S Printed N e My Commission Expires: o-~- l ~- d9. S:\CA\AGMTS\Water Service\Power of Attorney-Corp. 1-6-06.doc o"ij~f."'"'' "'llotie St.hI oll=lorida : r; '1il,/Oflf A.nn Williams H:\1990\900 I 82.BB\AGMT\Power of Attorney-Corp 1-6-06,doc ~~ 'i ,,"'''''lmmlsslon 00407402 OF f\O ,::,p"e! :)3/15/2009 -,-",.~"~.".,.,,,,--.r..:=;=..,~ THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cheraf, Doody & Ezra!, 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 day of ,200 _, by and between - Marquez Jones Joint Venture, LLC 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 SO 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 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 ofthe 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. 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 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. lt 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 oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, 2 strikes, boycotts, blackouts, fire, earthquakes. other casualties or other circumstances beyond the City's reasonable control. ll. The Customer hereby agrees to indemnify, defend and hold harmless the Cit) 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. la\\- 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) IN WITNESS WHEREOF. the parties hereto have set their hands and seals this _~_ day of "' ) ~~>( ~ \ <=t ,200~. WITNESS: (S) AS OWNER(S): ~- ~ff: ). A ~~.w ,00.,: .~ Witnes S~ture ' . mQ.r~/\ f' ~.\ ,'),\'\\QIV\.S Printed itnes ame . ness Signature ~ b Hlh((,t", A-bl' lh 0 Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL(S) NOT ARIZA TION: STATE OF \- \ r;.C"\A. a ) ) ss: COUNTY ORc.~~r_r'h) 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 ~,<: \-..a.rA. S S- ~~-e ~ -y -r- 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 individual was personally knoW to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this ~ day of r-\~r\\ ,20~. (Notary Seal) ~r;- ~~~.. ~).- QG."..-.. My Commission expires:-6-\ --s--DC( Notary ubh ~ "",,"eo,," s.... o""rid' 4 >!' ~ Ml3'lorlf A.nn Williams ;. .. ~ M, CommiSSion D0407402 'V~OFf\.o~ t::n>'res 03/15/2009 ~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND /hall ~ lA.~..:t. :.ro,.,,,< J6ir\+ VeK1-LWc.. L. t.~ (INSERT NAME) I CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner. City Manager ATTEST: 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 III 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 - (N otary Seal) Notary Public My commission expires: S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc H:\ 1990\900 182,BB\AGMT\ Water Service Agreement - Rev 1-6-06,doc 5 Sawgrass Title & Escrow, Inc. 8551 W. Sunrise Blvd., Suite 208 Fort Lauderdale, FL 33322 Ownership and Encumbrance Report To: City of Boynton Beach, Florida Date: March 20, 2008 @ 11 :00 P.M. File No.: 08s-189 Legal Description: See Attached Exhibit "A" 1. Grantee in Last Deed of Record: Marquez Jones Joint Venture, LLC, a Florida limited liability company by Deed recorded April 13, 2007 in Official Records Book 21622, Page 1479, of the Public Records of Palm Beach County, Florida. 2. Encumbrances: Includes only Mortgages, liens and claims of lien (if not specifically affecting other property only), judgments (certified only), federal tax liens, bankruptcy petitions, court orders and decrees, tax warrants, which may affect the title to the property described above: A. Mortgage Deed and Security Agreement dated September 22, 2005 from Marquez Hypoluxo Properties, LLC and Marquez Nurseries, Inc. to OptimumBank, in the original principal amount of $3,070,000.00, recorded in Official Records Book 19302, Page 1128. B. Assignment of Leases, Rents and Profits dated September 22, 2005 from Marquez Hypoluxo Properties, LLC and Marquez Nurseries, Inc. to OptimumBank, recorded in Official Records Book 19302, Page 1149. C. Uniform Commercial Code Financing Statement from Marquez Hypoluxo Properties, LLC, and Marquez Nurseries, Inc. to OptimumBank, recorded in Official Records Book 19302, Page 1154. Page 1 of 3 C. Uniform Commercial Code Financing Statement from Marquez Hypoluxo Properties, LLC, and Marquez Nurseries, Inc. to OptimumBank, recorded in Official Records Book 19302, Page 1154. D. Notice of Future Advance, Future Advance Receipt and Mortgage and Loan Document Modification Agreement dated September 27, 2005 between Marquez Hypoluxo Properties, LLC, Marques Nurseries, Inc. and OptimumBank, recorded in Official Records Book 19328, Page 1243. E. Loan Assumption and Modification Agreement Without Release dated March 30, 2007 between Marquez Hypoluxo Properties, LLC, Marquez Nurseries, Inc., Marquez Jones Joint Venture, LLC, Richard S. Jones, Robert Marquez and OptimumBank, recorded in Official Records Book 21622, Page 1482. F. Second Notice of Future Advance, Future Advance receipt and Mortgage and Loan Document Modification Agreement dated March 30, 2007 between Marquez Jones Joint Venture, LLC and OptimumBank, recorded in Official Records Book 21622, Page 1496. G. Uniform Commercial Code Financing Statement Amendment adding Marquez Jones Joint Venture, LLC as a Debtor recorded in Official Records Book 21622, Page 1502. All recordings are in the Public Records of Palm Beach County, Florida. 2007 real property taxes have been paid as follows: Property Control # 00-42-45-11-00-000-1040 $30,774.00 Property Control #00-42-45-11-00-000-1050 $15,466.20 Property Control #00-42-45-11-00-000-1060 $13,861.70 Page 2 of 3 CERTIFICATE This Ownership and Encumbrance Report ("Report") is a search limited to the Official Records of Palm Beach County, Florida as defined in Sections 28.001 (1) and 28.222, Florida Statutes, from Beginning to 3/20/08 at 11 :00 P.M. Liability for any incorrect information contained in this Report is limited (1) to the person or entity to whom the Report is directed, and (2) to a maximum of $1,000.00 pursuant to Section 627.7843(3), Florida Statues. This Report is not an opinion of title, title insurance policy, warranty of title, or any other assurance as to the status of title and shall not be used for the purpose of issuing title insurance. Sawgrass Title & Escrow, Inc. BY:~ PAUL M. BLOOMGARDEN, President Dated: April 4, 2008 misc\08-1226 Page 3 of 3 EXHIBIT A Parcell: Tract 3 of Hypoluxo Fanns, according to the unrecorded Plat thereof prepared by E. Elliott Gross and Associates Reg. Engineers. West Palm Beach, Florida, June 1954, being a Subdivision of the Northeast Y. of' Section II, Township 45 South, Range 42 East, Palm Beach County, Florida, more particularly described as follows: Beginning at a point in the West line of the Northeast V. of Section 11, Township 45 South, Range 42 East, said point being 685.30 feet Southerly from the Northwest corner of the Northeast V. of Section 11 which Northwest comer is 5315.17 feet Westerly from the centerline of Military Trail; thence continue Southerly along the West line of the Northeast V. of Section II, a distance of 342.65 feet; thence Easterly making an angle of 860 38' 52" with the preceding course, measured from North to East, a distance of 1374.00 feet; thence Northerly making an angle of 90055' 22" with the preceding course, measured from West to North a distance of 340.26 feet; thence Westerly making an angle of 89009' 12" with the preceding course, measured from South to West a distance of 1359.45 feet to the Point of Beginning. (Excepting therefrom the West 42.24 feet as Canal Right of Way and the East 25 feet as road Right of Way.) All plats according to the plat thereof, on file with the Clerk of the Circuit court in and for Palm Beach County, Florida. Parcel 2: Tract 4, Hypoluxo Fanns, according to the unrecorded Plat thereof prepared by E. Elliott Gross and Assoc., Reg. Engineers. West Palm Beach, Florida, June 1954, being a Subdivision of the Northeast V. of Section II, Township 45 South, Range 42 East, Palm Beach County, Florida, particularly described as follows: Beginning at a point in the West line of the Northeast y.. of Section 11, Township 45 South, Range 42 East, said point being 1027.95 feet Southerly from the Northwest comer of said Northeast y.. of Section 11, which Northwest comer is 5315.17 feet Westerly from the center line of Military Trail, thence continue Southerly along the West line of the Northeast V. of Section 11, a distance of 342.65 feet; thence Easterly making an angle of 860 34' 17" with the preceding course, measured from North to East, a distance of 1388.85 feet; thence Northerly making an angle 900 59' 57" with the preceding cow:se, measured from West to North, a distance of 340.26 feet; thence Westerly making an angle of 89004' 38" with the preceding course, measured from South to West, a distance of 1374.00 feet to the Point of Beginning. Excepting therefrom the West 40 feet as canal right of way and the East 25 feet as road right of way (said road right of way being more particularly described in instrument recorded in Deed Book 1057, Page 225, Public Records of Palm Beach County, Florida.) I.-CONSENT AGENDA ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI 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 D Aprill5,2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July IS, 2008 June 30, 2008 (Noon) 1ZI June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Ann ouncements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM 1ZI Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Authorize the use of $1,000 from Commissioner Ross's Community Investment Fund to help the Boynton Beach Police Athletic League in sending three Basketball teams to the Nationals in Hampton, Virginia, June 23 - 29,2008. EXPLANA TION: Commission approval is requested for allocation of $1 ,000 to help defray the cost of transportation, hotel, and food for the Boynton Beach Police Athletic League to send three Basketball teams to the Nationals in Hampton, Virginia June 23 - 29,2008, PROGRAM IMPACT: Allocation of funds will help defray cost for the above program, FISCAL IMP ACT: (Include Account Number where funds will come from) 00 I-III 0-511-95-47 Funds are budgeted for these types of activities, Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval, AL TERN A TIVES: Decline to authorize the requested use. ~~ Department Head's Signature City Manager's Signature Department Name S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 19,2008 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $1000.00 Recipient/Payee: Boynton Beach Police Athletic League Description of project, program, or activity to be funded: Allocation of funds \vill help the PAL defray costs of sending three Basketball teams to the Nationals held in Hampton, Virginia on June 23-29, 2008. Dated: -'; I';c/o't ~ ~ By: C~ !..v1v Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $1723.88 has been used to date by the requesting Member, leaving a balance of available funds of $8276.12. This request would bring the available amount down to $7.276.12. Accordingly: .if There are funds available as requested ~ There are insufficient fuuds available ~ Dated: r-/,..o /O~ By: ~ I Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; ii:r" The recipient/payee provides services within the City of Boynton Beach: 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City: and ~ Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. )/J ~/ / / Dated: "5- ;:)0- 0 b By:__ ~ __ City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc . {) - lI.I I; ~ ~ : -<II' ",f(; BOYNTON BEACH POLICE A THLETlC LEAGUE 100 E. Boynton Beach Blvd. · Boynton Beach, FL 33435 (561)742-6190 . Fax (561)364-4079 Mayor Jerry Taylor City of Boynton Beach On Friday, March 31 - April 1, 2008, three Boynton Beach Police Athletic League (PAL) teams competed in the State Basketball Tournament games played at the Disney Wide World of Sports Complex in Orlando, Florida. The three teams; 10 & under, 12 & under and 14 & under, placed first and second in the tournament. As winners the teams qualified to play in the 2008 PAL Nationals held in Hampton, Virginia on June 23 - 29, 2008. The PAL Program emphasizes the importance of keeping kids off the streets and away from gangs while participating in constructive and positive programs. The program continues to promote, encourage and motivate youth who are striving to make positive life choices. Because of PALS dedication to children, the program continues to produce successful high school and college athletes, professional football players, and mentors who make a difference in the lives of youth. The Boynton Beach PAL Organization has committed to sending three teams to the Nationals. This includes; (36) players, (6) coaches and (2) police officers. We have estimated the trip to cost ($22,780) which will cover the following expenses: A. Transportation (44 people) totaling $10,000 B. Hotel $1,500 per night (6 nights) totaling $9,000 C. Food $15.00 per person (6 days) totaling $3,780 The PAL Organization has already raised $10,000 through fundraisers and donations to help defray trip expenses. To send three teams PAL is in need of an additional $12,780 to cover the total trip expenses to Hampton Virginia. Therefore, we are in need of your support. Please help us to meet our financial goal of sending our three teams to the PAL Nationals. Playing in the Nationals will create a lifetime of memories that will contribute to great future outcomes. Thanks in advance for your support of the PAL Program. Thank you, I!- '71<:4 -- Bill Tome, Boynton Beach Police Athletic League Director CC: Matt Immler, Police Chief Lt. Kelly Harris Sgt. Frank Danysh VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E., AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April] 5, 2008 March 3],2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6. 2008 April 14, 2008 (Noon) o July 1,2008 June 16,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) [8J June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) --.._-, 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business -"--, AGENDA ITEM [8J Consent Agenda 0 Legal .. 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$I,500 from Commissioner Ross's Community Investment Fund to help the Boynton Beach Symphony Orchestra in meeting expenses, such as auditorium and rehearsal room rental for their concerts for next season. EXPLAN A TION: Commission approval is requested for allocation of $1,500 to help defray the cost of the Orchestra in meeting their expenses such as auditorium and rehearsal room rental for their concerts for next season. PROGRAM IMP ACT: Allocation offunds will help defray cost for the above program. FISCAL IMP ACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature ~~. Ity anager signature Assistant to City Manager ~ Department Name City AIli:t.,"" S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 19,2008 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $1,500.00 Recipient/Payee: Boynton Regional Symphony Orchestra Description of project, program, or activity to be funded: Allocation of funds will assist the Orchestra in meeting expenses, such as auditorium and rehearsal room rental for their concerts for next season. Dated: sl}%s By: ~~_ D/.L-e-t- Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $3473.88 has been used to date by the requesting Member, leaving a balance of available funds of $6526.12. This request would bring the available amount down to $5026.12. Accordingly: ":zf There are funds available as requested Dated: o There arc insufficient funds avail~ ,5".)..t> .of By: Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; B'"' The recipient/payee provides services within the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City: and V- Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. ) --l Dated: S-f)O-DS By: ~;~ " City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc Boynton Regional Director 561-304-3937 April 22, 2008 Mayor Jerry Taylor, Vice Mayor Jose Rodriguez Commissioners Woodrow Hay, Marlene Ross, Ronald Weiland City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mayor and Commissioners, I am happy to report to you that we have just concluded our third season of concerts at Boynton Beach Community High School quite successfully, with both our audiences and our mailing list growing nicely. We hope to continue as a source of pride for the City of Boynton Beach and are currently planning our concerts for next season. We have designated our concert on January 10,2009 to be the Vice Mayor Bob Ensler Memorial Concert and hope that you all can participate in some way. We will be making more definitive plans as the time approaches but would welcome any ideas that you or members of the City Commission may have. Perhaps we can meet about this some time in the fall. We also ask that each of you consider designating some of your discretionary funds to assist us in meeting our expenses, most of which, such as auditorium and rehearsal room rental, for example, are integral to our performances. (We operate with no paid staff-though, of course, we wish we did!) Should you have any questions, I can be reached at the above number. Thank you in advance for your assistance. Sincerely yours, . A/ / .)/ /;u~ RC"CEIVTI) l.~' ! LI B~an G 24 2008 ~ Music irector I CITY M!,N!;GER'S OFFICE P.o. Box 742121, Boynton Beach, FL 33474-2121 www.brso.net VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 3],2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) o July 1,2008 June 16,2008 (Noon) o Mav 20. 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) [;gJ June 3, 2008 May 19, 2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business r ..."-~ AGENDA ITEM [;gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business ~~.- ..,.._-.. 0 Public Hearing 0 .. '. RECOMMENDATION: Authorize the use of$2,250 from Commissioner Ross's Community Investment Fund to help the MDM Foundation send 50 youngsters to Orlando for a day at Universal Studios, a day at Disney, breakfast with the Disney characters and accommodations. This year's trip will be May 23 through 26, 2008. EXPLANATION: Commission approval is requested for allocation of$2,250 to help the MDM Foundation send 50 youngsters to Orlando for a day at Universal Studios, a day at Disney, breakfast with the Disney characters and accommodations. This year's trip will be May 23 through 26, 2008. PROG RAM IMP ACT: Allocation of funds will help defray cost for the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $ I 0,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. ~- Department Head's Signature C' M ' S' Ity anager sIgnature Assistant to City Manager ~ 1644 Department Name City ~orney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 19, 2008 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $2,150.00 Recipient/Payee: MDM Foundation Description of project, program, or activity to be funded: Allocation of funds will assist MDM Foundation trip to Orlando providing a day at Universal Studios, a day at Disney. breakfast with the Disney characters and accommodations for 50 youngsters in Orlando, This year's trip will be May 23 through May 26, 2008. Dated: <~/~o /'...'<6 By: ~'J 'j~ Ch->--- L,t/ ........ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $4973.88 has been used to date by the requesting Member, leaving a balance of available funds of $5026.12. This request would bring the available amount down to $2776.12. Accordingly: '!;/ There are funds available as requested ;, 7~ ~e insufficient funds av:~ab!:&J& Dated: N Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee provides services within the City of Boynton Beach; :J The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City: and ~Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: <S~ dO~ 00 By: i~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc ;15! 2008 15:52 5515843513 CONG ALCEE HASTINGS PAGE 02!02 / ,. .., I" ''I _. v. MOM FOUNDATION "GOOD FOR YOUTH - GOOD FOR YOU" May 15,2008 :Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Boulecvard Boynton Beach. FL 33435 Dear Mr. Bressner: It's that time again- time for Congressman Alcee Hastings', Mikel's and Dona's annual MDM Foundation trip to Orlando, Flonda. As you know, we provide a day at Universal Studios, a day at Disney. breakfast with the Disney characters and accommodations for 50 youngsters. Fifteen children and two chaperones are from Boynton Beach. This year's trip will be from Friday, May 23 through Monday, May 26. I know we can count on your support. We need the City of Boynton Beach to make a contribution in the amount of $4,500. Please make your check payable to.MDM Foundation, Inc., and mail it to 4781 N. Congress Avenue, #109, Boynton Beach, FL 33426. Please be sure that we receive your check by Wednesday, May 21. Weare very grateful for your support. It will really help us make a difference in the lives of these children. ~ Distri t Representative Congo Alcee Hastings MJ:dl 4781 N. Congress Avenue, #109, Boynton Beach, FL 33426 PH:561.302.3523 VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIVl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to CilV Clerk's Office Meeting: Dates in to CilV Clerk's Office D April 15,2008 March 3]. 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15, 2008 June 30, 2008 (Noon) [g) June 3, 2008 May 19,2008 (Noon) D August 5. 2008 July 14,2008 (Noon) D Announcements/Presentati ons D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM [g) Consent Agenda D Legal D D - Code Compliance & Legal Settlements Unfinished Business D Public Hearing D ~-."- .~ RECOMMENDATION: Authorize the use of$I,500 from Commissioner Ross's Community Investment Fund to help fund the Schoolhouse Children's Museum educational programming. EXPLANATION: Commission approval is requested for allocation of$I,500 to help the Museum with their enrichJnent classes which provide classroom instruction to our local home school community. These classes reflect on going chClnges in the State Standards and are geared to ages 6 to 10 which address Dr. Gardner's multiple intelligences. It will also aHow the Museum to expand their Environmental Studies Class. Over the last year and a half203 children have received certificates of . completion from the museum's enrichment classes. PROGRAM IMPACT: Allocation of funds will help defray cost for the above program. FISCAL IMP ACT: (Include Account Number where funds will come from) 001-1 I 10-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $ I 0,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TlVES: Decline to authorize the requested use. Department Head's Signature ~ Manage,', Signa'me Assistant to City Manager ~ Department Name ci~jf{tLe S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~-" -., . ...&,. f{t\ /: .~f1;, ---- -,--,~.--,------ Schoolhouse Children 1 s Museum Commissioner Marlene Ross District IV City of Boynton Beach 100 E Boynton Beach Blvd. Dear Commissioner Ross: The Schoolhouse Children's Museum and Learning Center seeks support to help maintain our educational programming. One specific area of programming we are seeking funding for is our very popular enrichment classes. These classes provide classroom instruction to our local home school community which they can not receive in their own environment. The Museum's enrichment classes also offer the opportunity to public school children to expand their education in an after school setting. The classes reflect on-goinl2 changes in the State Standards and are geared to ages 6 to 10 which address Dr. Gardner's multiple intelligences. Over the last year and a half 203 children have received certificates of completion from the museum' s enrichment classes. One class in particular which we would like to expand is our Environmental Studies Class. This class is taught here at the Chidren's Museum by Joan Hourican. a certified instructor from Pine Jog Environmental Center at Florida Atlantic University. To date this class has been offered for three semesters at the Museum since the fall of 2006 and has emphazised the importance of the natural world around us. With a $1,500.00 donation we can contract with Joan Hourican to provide this important service for a fourth semester at the Children's Museum. The educational programming at the Schoolhouse ('hildren 's Museum is very strong and provides 3 unique service to our community. We thank you for your support. Sincerely. l' . II ,'-.,__._, )/) ;' \/')~J'LJjg- " , S-,'~ Michael I-Jail Executive Director Schoolhouse Children' s Museum ] 29 East Ocean A venue Boynton Beach, FL 33435-4536 Ph: (561) 742-6780 ext. 6784 Cell: 305-505-5405 Hallm(a)ci. bovnton-beach. fl. us 129 East Ocean Avenue Boynton Beach, FL 33435 (561) 742-6780 Fox (561) 742-6781 www,schoolhousemuseum,org EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 20, 2008 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $1,500.00 Recipient/Payee: Schoolhouse Children's Museum Description of project, program, or activity to be funded: Allocation of funds will assist the Schoolhouse Children's Museum in their educational programming specifically the Enrichment and Environmental Studies Classes. Dated: .s /.-)..U/ O~ By:~~ Ld~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $7,223.88 has been used to date by the requesting Member, leaving a balance of available funds of $2,776.12. This request would bring the available amount down to $1,276.12. Accordingly: I<i There are funds available as requested Cl There are insufficient funds availa~&. Dated: 6~ ~~ By: I I Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) -e.( The proposed expenditure of funds will not result in improvement to private property; cY' The recipient/payee provides services within the City of Boynton Beach; cr" The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and VProper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: ';'r(jO- Ol(J By: ~-<~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- D6.doc VI.-CONSENT AGENDA ITEM H. 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 D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1, 2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) [ZI June 3,2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Anno uncements/Presentati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [ZI Consent Agenda D Legal - D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA nON: Authorize the use of$750 from Commissioner Ross's Community Investment Fund to help defray the cost of the annual Health Fair & Pre-Back to School Bash at the Beacon Center at Forest Park Elementary School. EXPLANA TION: Commission approval is requested for allocation of $750 to help defray the cost of200 Backpacks with school supplies and provide immunizations to children in need residing in Boynton Beach Communities at the annual Health Fair & Pre-Back to School Bash, Saturday, June 28, 2008. PROG RAM IMP ACT: Allocation offunds will help defray cost for the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. -t~ Department Head's Signature City Manager's Signature Assistant to City Manager O'wl~ /E&4 Department Name City 1)ttomey I Finance SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 19, 2008 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $750.00 Recipient/Payee: Beacon Center at Forest Park Elementary Description of project, program. or activity to be funded: Allocation of funds will be used to defray the cost of 200 Backpacks with school supplies and provide immunizations to children in need residing in Boynton Beach Communities at the annual Health Fair & Pre-Back to School Bash, Saturday, June 28. 2008. Dated: sL).oIo~ Bv: ,/?~ l~~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $2723.88 has been used to date by the requesting Member, leaving a balance of available funds of $7276.12. This request would bring the available amount down to $6526.12. AcCOrding~ There are funds avallable as requested o There are insufficient lunds availab~~ Dated: s/;-e/oe By ~ ' I . Finance Directo . Part 111- Eligibility Evaluation (to be completed by City Manager) if The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee provides services within the City of Boynton Beach: :J The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. S -80- oS ~~ Dated: By: Gij ""\ City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc ~1!IIoIIHBIH. -..... ,IQ'--~ Aprill?,2008 City of Boynton Beach Board of Commissioners Att Vice Mayor Rodriguez, District m 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Vice Mayor Rod:riguc~ I am writing to request your ass:istance as a spousor fur the Beacon Center at Forest P8Jk Elementary officially located at 1201 S.W. Third Street in Boynton Beach. We are preparing to host our mmual Health Fair &. Pre-Back To School Bash Event for Boynton Beach Community residents. Our goals are to provide immuni2ations and issue 200 Backpacks with school supplies to children in need. The event is scheduled to take place SabJIdgy. June 28, 2008 from IOam- 2:00pm. This year we have made arrangements with Radio Disney to provide exposu.re for the event, and Beacon services. Please oonsidCt" a cootribution in any 3DlOUJlt from your discrctiooary funds. Our goal is raise $6,000. Any contribution from your office woold be~ Cbecb should be made out to Housing Partnership, Inc. fur Forest Park Beacon Ceriter (Health Fair Sponsorship). I am available to speak to you at YOOf COIIVeoimce at 561-255-6043. Thank you in advance for your suppOrt. ~ T em FeJgUSOn, MS Program Director Beacon Center at Forest Park ~iJ ~ I:~:\:~ $-~='~=:~P <rnI'O":S . cnl\C~ .....4l'..:,Io~:.,..... ':.':, ....~ ': . . . -.,' l0/Hl 3SJ\;;Id NOO8,u 0\709UG199 a:0"t 800G/(;0/90 VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o .Tune 17,2008 .Tune 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) o .Tuly I, 2008 .Tune 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o .Tuly 15,2008 June 30, 2008 (Noon) ~ June 3, 2008 May 19. 2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing D RECOMMENDATION: Commission approval of an expenditure from the Federal Law Enforcement Trust Fund Account in the amount of $49,148.99 for the purchase of an armored rescue and S W AT delivery vehicle. EXPLANA TION: An armored vehicle is used to provide cover for police officers engaged in the rescue of civilians or officers during an active fire fight. The vehicle is also used to deliver police officers, under cover, to the scene of an active shooter or to a structure in which an armed adversary has barricaded himself. Currently the department is equipped with hand-held ballistic shields that offer some protection; however they are cumbersome and not well suited for rescue and delivery purposes. With the proliferation of military assault rifles in the community and the increase in active shooter situations, an armored vehicle that can be readily deployed is highly desirable. The total price for the vehicle is $107,000.00 from the sole source supplier, The Armor Group. The total funding from the vehicle will be drawn from the following sources: Federal Trust Fund Account: $49,148.99 Donation from High Ridge CC 25,000.00 JAG Grant 32,851.01 PROGRAM IMPACT: Increased law enforcement capability and citizen safety. Maintenance on this vehicle will consist of oil changes and minor adjustments which can be performed at the city garage with little impact on the current work load. Any major repairs are covered under the one year warranty and would be performed by factory personnel. FISCAL IMPACT: The Federal Trust Fund Account (#691-0000-247-04-22) has a current balance of $134,753.30. ALTERNATIVES: Rely on current capabilities. Currently, PBSO and the City of Boca Raton have armored vehicles in their inventories; however, this equipment would not be readily available for use by S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM our police officers as the approval process and call-out procedure at the host agencies would delay deployment of the vehicle beyond the time that it could be used effectively. rr)~ ~ City Manager's Signature Assistant to City Manager C?rrt-- c. -_.--_--._----~--- Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM])O(' AfVJCTY OF BOYNTON BEACH, FLORIDA ..jrf'fl INTER-OFFICE MEMORANDUM TO: G. Matthew Imm1er, DATE: March 31, 2008 FILE: ~fPOlice p~ 1~Zkins, SUBJECT: Armored Rescue Vehicle (BATT S) FROM: REFERENCES: ergeant, Uniform Services, SWAT ENCLOSURES: BA TT S Armored Rescue Vehicle: Description and Specifications. Ballistic protection: . Vertical panels and all windows armored to defeat multi-hit 7.62 x 39mm & 7.62 x 51mm rounds . All seams double welded inside and outside . Windows are bullet resistant glass-clad polycarbonate windows to protect against 7.62 x 39mm & 7.62 x 51 mm rounds . Two (2) piece windshield with sun band, Two (2) Front door windows, Six (6) Horizontal windows in side walls, Two (2) Rear windows 10"x14" (tinted) . Cargo Body Vertical Panels non angled . Front ram bumper/pull bumper with push bars and radiator protection . Fuel tank with locking armored door, armored vertical protection and skid plate . OEM Cab Design upgraded hinges . Front doors hinged Forward with nylon straps . Standard double rear doors with holdbacks . Armor protection added behind OEM front fenders for computer protection & battery protection . Armor protection added under hood Features: . HD Ride-on grip grated step rails-Both sides and at full rear . Interior & exterior steel grab/step bars with non-slip surface to assist in roof access . Exterior roof grab rails with non-slip painted surface . Added padding at rear door . Non-slip painted surface on: Roof, interior floors, rear bumper, steps . (2) Front vinyl seats-mid-back vinyl with 3 Point shoulder harness at each seat Interior rear bench seating; Fold-up with pneumatic assist arms & under seat storage . Rear Air Conditioning System: AlC and Heating unit (33,000 Btu cooling & 22,000 Btu Heating) mounted center of roof between cab and cargo area for additional cooling and heating; includes second compressor and second condenser . Exterior, door mounted rear view mirrors . (4) Heavy duty tow hooks; (2) on front bumper; (2) on rear bumper Quote #: 108021904 February 19, 2008 BOYNTON BEACH POLICE DEPARTMENT BATT - S Page 2 of2 Features Con't . Exterior painted with DuPont Imron (Flat Black) polyurethane enamel nd . Extended Rear Bumper with 2 drop down step for deployment . Skip Plates mountable to both sides of the vehicle . Run Flat Tire Package (Incl. 6 Run flat inserts) . Internal Whelen LED White/Red Lights, Added Rear Bumper Light . Roof/Escape Hatch (non rotating) . Gun Port Package: (1) Each Cab door (3) Each Side Wall under view glass (1) Each Rear door under view glass Chassis Specs: (Included in price below) . F-550 Super Duty commercial chassis; 4x4 . 6.4L Diesel Engine .141 "wheel base . Electronic 5-speed automatic transmission with overdrive . Tires (6) 245!70R19.5 All season radials, dual rear wheels . OEM in dash air conditioning, heating and defrost . Mono-beam leaf spring suspension with stabilizer bar . Am-Fm Stereo Radio with clock . Sealed halogen headlamps .4.88 LTD Slip Price of Armored S.W.A.T. B.A.T.T.-S: $107,000.00 Price Ex Works Pittsfield, MA The purpose of this vehicle is to provide The Boynton Beach Police Department with adequate safety during states of emergency. During the hurricanes although all City services had stopped during the worst parts of the storms the police department was unable to stop its services. Example: SWAT officers and Patrol Officers responded to an armed home invasion, a family which had been over come with carbon monoxide fumes, and several violent domestic calls. This vehicle would also be a constant resource for the Police Department during high risk search warrants, barricaded / hostage situations, and active shooter situations. Example: During the Medication Station incident this vehicle would have allowed the SWAT Team to get closer to the business, during the Mall incident this vehicle would have allowed us to safely move civilians from the Mall out of the danger area safely, and then would have allowed the SWAT Team safe movement back into the danger area. This vehicle will allow The Police Department instant rescue access to the worst case situations to protect the citizens and employees of the city. 5 ....: ~ iiIiiiiilliI.... ~ -,- ..... '" '" .j, < /j. '. s. _. ~. .- . ." ~ ...~ - . .... - , ' . r-'_ 'f W " -;; 1- .~. .. ,. ... ; '. , ... - t,. ! I \ \ I ~ \ ...~ -f'l';'.",;." ,7~ .,~ '. ~.. VI-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15,2008 March 31,2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) o July 1,2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o July 15, 2008 June 30, 2008 (Noon) [gJ June 3. 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Anno uncements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Request authorization for members of the City Commission to attend the National League of Cities -Congress of Cities and Exposition, November II - 15, 2008 in Orlando, FL EXPLANATION: As outlined in the City Commission Travel Policy approved December 18, 2007, authorization is required for members of the City Commission to attend the National League of Cities - Congress of Cities and Exposition, November] ] - 15,2008 at the Orlando World Center Marriott & Convention Center. PROGRAM IMPACT: None FISCAL IMPACT: Funds are budgeted for members of the Commission to attend conferences and business meetings in Account #001-] I ]0-511-40-12 ALTERNATIVES: Not authorize members of the City Commission to attend the National League of Cities - Congress of Cities and Exposition, JZk - Department Head's Signature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC , N <.0..... o CJ Of) C'j 0... x: ~ ", vi ,V) ~ "0 ro >- ~ x ... ~ ~ r:: s.. o ,_... ~ if) C/J :s: Q) 0 't:: ~ ,0 .g :g~ 0 :i3 :i3 ~ ~ r:: -5 (\l . ^ L ~o" (;- ~ U ~ 0." ~ 0 . ~ ~ l' -g1j" 8. ~ : E ~5 ",:? ~ m " ~. . "~ .,.," u ~ E E 0- "".!:l" :c m g 0 -g~ ~gS!oj u :Z. ~ " I -",' 0" !oj ~ r e ^ "~ 00' ~.- ~ ~ ~ ~ O. ..."'- ~ J5 ~ ~ ~ Z C." '5'''~ ~ 2'0. "' .. 0 62 ,,~., ~ ~. ~ ~ o ~ ~m 1J0," U". ~ ~ c:D ~,~i7i .~ c:: b Ero I :i3 t;..... 0... ~ .._ . _ 0" 0" ~ o. 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Bu."'E 8. t ~ 0 ~ .o~o:?1ii~ro~o"" ~ ~ :t: ~ ~IJjOL'"O"UC- C Z ~ uo~5~g>".6 ~ I- U ~ 's ,.?- ..-" XII. - LEGAL - 2nd Reading Non-Development ITEM 8.1 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 Meetimz Dates in to City Clerk's Office Meetimz Dates in to City Clerk's Office o April IS, 2008 March 31, 200B (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) o July 1, 2008 June 16,2008 (Noon) ~ May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) ~ June 3. 2008 . :2IvLJ May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) ,fe~NI' 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal- ~ uti ,eae4:U? 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve Ordinance # changing the Code of Ordinance, Chapter 10, Article II. Refuse, Garbage and Trash allowing for unlimited amounts of vegetation and bulk trash for residential curbside pickup. Approve 25 cents per month residential rate increase. EXPLANATION: On March 4th, 2008 the City Commission directed staff to prepare an Ordinance to update the Code of Ordinances, Chapter 10, Garbage Trash and Offensive Conditions, Sec. 10-24, Single Family Residential Refuse Collection to change weekly collection requirements to allow disposal of unlimited amounts of bulk trash and landscape debris. This is being recommended in an effort to improve the aesthetics of the City. This will result in a 25 cents/per month rate increase to offset the loss of special pickup revenue. This change will be effective on Monday, August 4th, 2008. Staffwill implement a notification process by meeting with homeowners associations, press releases, water bill inserts, BBTV, and message on hold. Included in this package are exhibits of door hangers along with a draft press release. PROGRAM IMPACT: Listed below are three changes that will have the most impact to residents and the program: 1. Early set out (within specifications) - Residents who place trash out on wrong day will incur a $50.00 fme, the trash will be removed immediately and a door hanger will be left explaining the violation. The charge will be added to the resident's water bill. The Code Compliance Officer will be responsible for placing the door hangers, taking pictures and maintaining a database of all violations. 2. Early set out (illegal piles) - Residents who place trash and/or construction debris that is outside the limits (i.e., vegetation bigger than 4" X 4') will incur a special pickup fee determined by supervision. A door hanger will be left and the pile will be removed immediately. The fme will be added to the water bill. Solid Waste supervision will leave a door hanger indicating to the resident the violation along with a fine. A digital picture will be taken and a database will be maintained by the Code Officer. 3. Illegal Pile (placed curbside on proper day) - Illegal pile exceeds more than one cubic yard of Construction and Demolition Material or is vegetation exceeding cuts of 4" X 4' in length. Residents will receive a door hanger explaining the violation, includes a price quote and a time limit of 24-hours to rectify the situation. If the pile is not S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM removed within the 24-hours Solid Waste will return and pickup the pile, take a picture and residents will be charged on their water bill. FISCAL IMPACT: The 25centlper month residential rate increase equals approximately $65,000 a1llmally which offsets previous years special pickup revenue. ALTERNATIVES: Keep current code regulations and work schedule. ..~ ~" f~W / n", on, Hoa~ ~ ~J bl~L lA)o(~ Assistanl to City Manager \~ Department Name City Attorney! Finance S\BULLETrN\FORMSV\GENDA ITEM REQUEST FORM DOC 1 ORDINANCE NO. 08- 0 I;}- 2 AN ORDINANCE OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 4 THE CITY'S CODE OF ORDINANCES, CHAPTER 10, 5 GARBAGE, TRASH AND OFFENSIVE CONDITIONS, 6 ARTICLE II, REFUSE, GARBAGE AND TRASH 7 ALLOWING FOR UNLIMITED AMOUNTS OF 8 VEGET A TION AND BULK TRASH FOR RESIDENTIAL 9 CURBSIDE PICKUP; APPROVING A 25 CENTS PER 10 MONTH RESIDENTIAL RATE INCREASE; 11 APPROVING A SIX-DAY COLLECTION SCHEDULE 12 FOR ALL SOLIDW ASTE SERVICES; PROVIDING FOR 13 CONFLICTS, SEVERABILITY, CODIFICATION AND 14 AN EFFECTIVE DATE. 15 WHEREAS, the City Commission of the City of Boynton Beach directed staff to 16 change weekly collection requirements to allow disposal of unlimited amounts of bulk trash 17 and landscape debris; and 18 WHEREAS, this change will result in a 25 cents/per month rate increase to offset the 19 loss of special pickup revenues; and 20 WHEREAS, the City Commission finds the adoption of an ordinance allowing for 21 limited amounts of vegetation and bulk trash for residential curbside pickup; allowing for 22 he increase of 25 cents per month residential rate; and allowing for a six-day collection 23 schedule for all Solid Waste services is in the best interest of the health, safety, and welfare of 24 he citizens and residents of the City of Boynton Beach. 25 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 26 F THE CITY OF BOYNTON BEACH FLORIDA, THAT: 27 Section 1. Each "Whereas" clause set forth above is true and correct and 28 ncorporated herein by this reference. 29 Section 2. Part II, Chapter 10, Garbage, Trash and Offensive Conditions, Article 30 I, Refuse, Garbage and Trash, is amended as follows: 31 ARTICLE II. REFUSE, GARBAGE AND TRASH 32 33 ec. 10-22. City to collect and dispose of garbage; supervision; regulatory authority. :\CA\Ordinances\Refuse, Garbage and Trash doc - 1 - 1 All refuse, garbage, trash of all types, vegetative trash, recycling, construction and 2 demolition material accumulated in the City shall be exclusively collected, conveyed and 3 disposed of by the City under the supervision of the Director of Public Works. The Director of 4 Public Works shall have authority to make administrative regulations concerning the days of 5 collection, type and location of waste containers and such other matters pertaining to the 6 collection, conveyance and disposal not otherwise set by the City Commission or the (it: 7 Manager as he shall find necessary, and to change and modify the same after notice as 8 required by law, provided that such regulations are not contrary to the provisions hereof 9 Sec. 10-23, Definitions. 10 For the purpose of this article, the following words and terms are defined as follo\\s 11 Additional pic/cNp means a collection of garbage, combustible trash, noncombustible trash, 12 vegetati ve trash, or bulk trash required due to the inappropriate container. lack of 13 containerization and/or size or type of material placed out for pickup. Service eharge~ shall be 14 . . IS 16 17 18 19 20 21 22 )" -j 24 25 26 27 28 $50.00 service char Je will be assessed for am 29 on the wrong dav. 30 Commercial means any public or private place, building and/or enterprise or business 31 evoted in whole or in part to a business enterprise, whether nonprofit or profit-making in 32 ature, including, but not limited to hotels, motels, restaurants, offices, industries. stores, 33 arkets, theaters, hospitals and other institutions which hold themselves out to the public as 34 laces of business, services or accommodations. 35 Containers or receptacles: 36 I (1) "Non:containerized" means the use of a "roll-out cart" provided by the City for the 37 se of garbage collection purposes. The cart as defined will be of a special design and 38 onstruction as to allow for the mechanical or automation of collection of garbage. .\CA\Ordinances\Refuse. Garbage and Trash.doc , - 1 (2) "Containerized" or "Dumpster" means a detachable metal container provided by the 2 City designed and intended to be mechanically dumped into a packer-type solid waste vehicle 3 and varying in size from two (2) cubic yards to eight (8) cubic yards adaptable to City 4 equipment. This type receptacle is normally associated with collection service for commercial 5 or multifamily developments. 6 (3) "Containerized or Dumpster with wheels" are containers supplied by the occupants, 7 business, or institution who choose to use them inside buildings and roll them to the 8 designated outside location for pickup. This type receptacle is normally associated with 9 multifamily or commercial developments. 10 (4) "Compactor" is a mechanical device to accept garbage, trash, and other types of 11 materials, mechanically press or compact the material into a more dense form, and to be 12 serviced by City trucks designed for such operations. The compactor shall be the property of 13 the business, institution, or customer, and shall not be owned, maintained, or repaired by the 14 City. The City shall service the compactor to the extent of collecting and disposal of the 15 material, and will not be responsible for the mechanical operation, repair, energy to operate, 16 or longevity of the device. The customer shall be responsible for consulting with the City 17 prior to purchasing a compactor to assure the compactor and the City trucks used to service 18 he compactor are compatible. Failure on the part of the customer to conduct such 19 coordination shall not waive the requirement that the compactor is to be serviced by City 20 quipment. The City will bear no responsibility for modifying either the compactor, or its 21 equipment to offer the necessary service. This type receptacle can be associated with 22 commercial, mobile home parks, or institutional type of customers. 23 (5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the 24 ity as a part of the residential garbage collection service. The carts are of a design that would 25 llow the City to mechanically collect the garbage, or to automate the garbage collection 26 rocess. 27 (6) "Roll-off containers" are various sized metal containers specially designed for the 28 I ollection of noncombustible trash, construction, demolition, cleaning, renovation, industriat 29 r garbage wastes-;-normally associated with construction projects or special events. The 30 ontainers are provided by the City upon request and qualification of the customer, and shall 31 e serviced by the City exclusively on an as needed basis. 32 Dispose means to deliver to approved landfill or transfer station or other approved disposal 33 ethod. 34 Director of Public Works means the Director of Public Works and/or the duly authorized 35 gent. 36 Recycling means any process by which solid waste, or materials which would otherwise 37 ecome solid waste, are collected, separated, or processed and reused or returned to use in the 38 orm of raw materials or products. :\CA\Ordinances\Refuse, Garbage and Trash.doc - 3 . I I 1 I Refuse shall mean any or all of the following: garbage, combustible trash, noncombustible 2 trash, vegetative trash, contaminated yard trash, bulk trash, construction and demolition 3 material, hazardous, industrial waste, infectious waste, and recycling material. Such items are 4 hereby further defined as follows: 5 (1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends the 6 preparation, use, cooking and dealing in or storage of meats, fish, fowl. fruit or vegetables. 7 and any other matter, of any nature which is subject to decay, putrefaction and generation of 8 noxious or offensive gases or odors, or which, during or after decay may serve as a breeding 9 or feeding materia] for flies or other germ carrying insects; and any bottles, cans or other 10 containers, except recyclable containers, which due to their ability to retain \vater, may serve 11 as a breeding place for mosquitoes or other insects. Garbage shall not include human solid 12 waste. Garbage is collected from each residential unit in the City twice a week, and from each 13 commercial establishment as requested by the customer or as required by the Director of 14 Public Works when public safety or appearance is jeopardized. 15 (2) "Combustible trash:" /\ccumulations of paper, rags or wooden or paper boxes. 16 sweopings, small appliances, furniture, toys, and other accumulations of a nature other than 17 garbage 'Nhich are usual to housekeeping and the operation of stores, office~, and other 18 business places up to un accumulation of one (1) cubic yard. ,^.ccumulations of greater than 19 one (I) cubic yard of this material ",,,ill be considered as bulk trash. Combustible trash sha]] 20 b 21 (3) "Noncombustible trash:" Materia]s that are not burnable at ordinary incineration 22 emperatures, such as metals, mineral matter, metal furniture and auto bodies and parts. dirt. 23 ricks, paving and other types of building or demolition materials. The City shall not collect 24 on-combustible trash on a scheduled, routine basis. 25 (4) "Yard trash:" Shall mean vegetative matter resulting from gardening, including 26 ccumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree 27 ranches not to exceed four (4) inches in diameter or four (4) feet in length. .^>.ccumulations 28 " 29 . , 30 . Yard trash shall be collected on scheduled pickup days once a week at all residential 31 nits throughout the City. All yard trash generated by privately contracted yard services shall 32 e considered as commercial material and shall be disposed of by the private contractor 33 esponsible for generation of the material. 34 (5) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing ..., - aterial other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of .J) 36 ny type incidental to the care of residential lawns and gardens, including limbs and branches 37 ess than four (4) inches in diameter or four (4) feet in length. 38 (6) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to 39 he following: washers, dryers, furniture (including mattresses and springs), rugs. cabinets. 40 I Tooden boxes, and other types of household items."- of size and volume less than two ("') :\CA\Ordmances\Refuse. Garbage and Trash.doc .1- 1 cubic yards. Bulk trash shall also include owner generated construction debris less than one 2 (1) cubic yard. .^Jso included shall be trees, tree stumps, and tree limbs less than four (1) 3 inches in diameter and less than four (1) feet in length except for palm fronds, and the 4 accumulation of such ymd "yaste type material in excess oft'.\'o (2) cubic yards. 5 (7) "Construction and demolition material:" Commonly referred to as C&D debris, shall 6 be any byproduct material from either the construction or demolition or remodeling, or repair 7 of any type building, structure, or roadway, or driveway materials. Material would commonly 8 contain, but not be limited to, 5aftEi,--building materials, rubble, stone, brick, earthwork, paving 9 materials, concrete, blocks, wood, roofing materials efof all types, metal, piping, asphalt, ffi.fl, 10 ~fencing, cabinets':".1-_HV AC ducting, heating and air conditioning equipment, plumbing 11 fixtures and the like. This material will not be collected routinely by the City. The customer 12 should contact the Director of Public Works to schedule the removal, or arrange for a roll-off 13 container to be provided but the City. The cost of this service will be in accordance with the 14 type of materials and the cost of associated disposal. 15 (8) "Hazardous material:" Shall be any type material or product whose chemical or 16 biological nature make it dangerous to the human health if disposed improperly, or that could 17 cause harm to the environment. This includes any material which requires special handling 18 due to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and 19 on the health and welfare of the public, including but not limited to explosives, pathological 20 wastes, radioactive materials, oil-based paints, thinners, fluorescent bulbs, auto fluids, 21 esticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or 22 ighly flammable chemicals. The City will not collect hazardous material on any regular 23 Solid Waste services. Arrangements for the special disposal shall he made by the customer for 24 he proper, safe, and legal disposal of hazardous material by calling the Solid Waste 25 uthority. 26 (9) "Infectious waste:" Is any type of waste material resulting from the operation of 27 edical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of 28 uman and/or parts, contaminated bandages, pathological specimens, hypodermic needles, 29 ontaminated clothing and surgical gloves. The City will not routinely collect infectious 30 aste. Arrangements for special disposal shall be made privately by the customer for the 31 roper, safe, and legal disposal of infectious waste according to standards within the relevant 32 ndustry . 33 (10) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, 34 lastic containers, glass bottle and jars, milk and juice cartons, aseptic containers. corrugated 35 ardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry-cell batteries 36 no wet-cell batteries) and other type materials that have known recycling potential, can be 37 easibly recycled, and have been diverted and source separated or have been removed from 38 he solid waste stream for sale, use, or reuse as raw materials, whether or not the materials 39 equire materials would include items that are capable of being recycled and which would 40 therwise be processed or disposed of as solid waste. Recycled material shall be collected on 41 scheduled routine basis from each residential unit in the City. :\CA\Ordinances\Refuse, Garbage and Trash.doc - 5 - 1 Residential dwelling unit means any structure or shelter, house, apartment building. or any 2 part thereof used or constructed for human habitation and shall include bath and culinan 3 accommodations for one or more families. 4 (1) "Single-family dwelling:" means a residential dwelling unit designed to contain only 5 one (1) family, or any residential dwelling unit, or any number of residential dwelling units 6 receiving Solid Waste service for each individual dwelling unit. 7 (2) "Multi-family dwelling:" means a residential dwelling unit designed to contain more 8 than one (1) family, and received containerized Solid Waste service. 9 Sanitation s(iupervisor. See Director of Public Works. 10 Special pickup shall be materials not collected routinely. Special pickups will be 11 coordinated with the resident and the Director of Public \Vorks as to time, place, date and 12 items to be picked up. Items to be picked up .vill not bc deposited at curbside more than 13 twenty four (21) hours prior to the scheduled special pickup. /\11 special pickups shall be at 14 additional cost to the resident. An estimate of the cost of the special pickup should be 15 obtained by contacting the office of the Director of Public Works. Special pickups >'.'ill be 16 made as soon as practicable upon acceptance of the cost estimate by the o'.\'ner. Move to 17 "Defini ti ons" 18 Sec. 10-24. Single family residential -refuse collection. 19 (a) The City will collect noncontainerized residential refuse under the following 20 conditions: 21 (1) Garbage will be collected twice per week at curbside only from each single family 22 esidential unit in the City provided with roll-out garbage carts. The placement of household 23 garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent 24 o the roadway with the expectation of collection shall be strictly prohibited. All material 25 'ntended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid 26 of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the 27 street, but within three (3) feet of the curb or edge of pavement and shall be located a 28 minimum of three (3) feet from any obstruction that may interfere with routine collection. 29 Yard trash and combustible trash will not be collected with household garbage, but will be 30 )icked up once per week on a scheduled trash pickup day. Yard trash and combustible trash 31 apable of being containerized should be placed in a standard garbage can, roll-out garbage "') art, plastic bag, or disposable container. Collection of yard trash should be piled separately j~ 33 rom all other trash at curbside. Any mlxmg of household garbage, combustible. 34 poncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard 35 rash or combustible trash in the paved area of the street or on vacant lots is prohibited. 36 Materials classified as hazardous material will not be collected by the City. Household 37 garbage, trash or any type of other material intended for collection, shall not be set out prior to 38 );00 P.M. of the day proceeding the scheduled pickup. ,:\CAIOrdinancesIRefuse. Garbage and Trash,doc () - 1 (2) All garbage cans provided by the individual customer shall be subject to inspection 2 and approval by the Director of Public Works or designee at all times. A container not 3 approved by the Director of Public Works and which is set out for collection will have a 4 notice placed upon the container, handed to the owner or occupant, or left at his residence and 5 the occupant shall no longer use the container for collection. 6 (3) Special waterproof disposable refuse bags or any other containers may be used for 7 vegetative materials. When such bags or any other containers are used, the responsibility for 8 protection of either the bag or the container and the contents shall rest with the individuals 9 occupying or residing on the property. Rupture of, or damage to the bag or container, from 10 any cause which results in the scattering of refuse prior to the arrival of City collection 11 personnel will obligate the user to reassemble all of the refuse in an undamaged bag or 12 container prior to pickup by the City. 13 I ( 4) Accumulations of yard trash shall be stacked in compact piles not to exceed t'""o (2) 14 cubic yards in volume at curbside within the confines of residents' or owners' side property 15 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not 16 collect yard trash produced from commercial tree trimming operations, landscape and lawn 17 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, 18 landscape contractors and operators of tree and shrubbery maintenance services shall remove 19 all trash and debris from the premises upon which they are working, including but not limited 20 to limbs, tree trunks, roots, shrubbery clippings, and other debris emanating from their work. 21 Disposal of yard trash produced by commercial operations or those paid to conduct such 22 operations shall be strictly prohibited. No yard trash shall be placed on property owned or 23 occupied by others without permission. 24 (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to 25 y street, sidewalk, parkway, front yard, side yard or other place within the view of persons 26 sing the City's streets or sidewalks, except as provided herein. Protection of the containers 27 laced for collection is the responsibility of the resident. 28 (6) Curbside residential recycling service will be given to each residential dwelling unit 29 ith the City, once a week. The City shall provide each resident with two (2) recycling bins or 30 arts. One shall be used for the accumulation of plastic containers, glass, aluminum and other 31 llowable co-mingled materials. The other shall be used for newspaper, magazines, glossy 32 aper, office grade paper, and corrugated cardboard. The bins shall be set out on the 33 esignated collection day. 34 (7) The responsibility for proper placement and preparation of solid waste materials for 35 ollection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, 36 pon vacating or moving from any dwelling, storeroom, or any other building in the City, to 37 ail to remove all garbage, rubbish, and debris from such building and premises, and grounds 38 ppurtenant thereto, or to fail to place said waste in an approved sanitary container for 39 isposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this 40 equirement shall obligate the property owner of record to fulfill the responsibility of 41 ompliance with this Article. :\CA \Ordinances\Refuse, Garbage and Trash.doc - 7 - 1 (8) Hazardous wastes, infectious wastes, construction and demolition materiaL dead 2 animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other .., types of containers or placed loose on the ground with the expectation of having the material -' 4 collected by the City. These materials are not part of Single Family Residential Refuse 5 Collection Service. The resident and/or property owner should contact the Director of Public 6 Works in order to inquire as to the proper disposal method for such materials. 7 Sec. 10-25. Containerized commercial and residential collection. 8 (al Regulations governing containerized service: 9 (1) Containerized refuse service shall be carried out by the City at commercial or 10 multifamily residential establishments in the promotion of improved sanitary conditions for 11 the prevention of health hazard. Containers are supplied by and shall remain the property of 12 the City. The landowner is responsible for the protection of containers placed to serve the 13 premises. The landowner shall be liable to the extent of the cost of repairs or replacement of 14 containers when damaged by fire, negligence, vandalism or other forms of abuse. 15 (2) Free dumping access to containers at all times shall be provided by the landowner. 16 All containers shall be located so that the collection vehicle driver can dump containers 17 without leaving the vehicle. 18 (3) Customers using garbage chutes or interior storage shall provide containers on 19 rollers which will be the responsibility of the owner or occupant for maintenance. The 20 landowner shall be responsible for placing (rolling) them to the proper position for emptying 21 and in time for emptying. 22 (4) The size or number of containers shall be determined by the volume of refuse to be ).., eposited and will be in direct relationship to the manner in which the user elects to utilize the ~-' 24 pace provided in said container or containers. Charges shall be assessed on the basis of cubic 'l- ards of refuse removed from premises whether manually compacted or loose. "'-) 26 (5) At each multifamily site, located adjacent to the dumpsters, or a location approved 27 y the City, the City shall place a minimum of two (2) recycling carts. The carts are for the 28 urpose of collecting recycling materials. The landowner must allow space for the carts 29 djacent to the dumpsters, and properly accessible by the City trucks for servicing. The 30 esidents of the multifamily development shall be encouraged to conduct recycling. The carts 31 'ill be serviced a minimum of once a week. The placement of materials, garbage, yard trash. ..,) r any other material not approved in the definition of recyclable materials shall be strictly -'- ..,.., rohibited. This service is provided as a part of the garbage collection fee. -'-' 34 (6) Commercial, institutional, and any other type activity requiring containerized 35 arbage collection, except for multifamily collection service, are encouraged to access the 36 arbage and trash stream, to determine the benefits of recycling. The City will provide 37 umpsters, designated for cardboard and paper recycling. The service will be provided for a 38 ee. :\CA\Ordinances\Refuse, Garbage and Trash.doc - g - 1 Sec. 10-26. Roll-off services. 2 (a) Construction sites. All construction, renovation, remodeling, and repair sites, 3 requiring a permit from the City for work being conducted, shall be maintained in a clean and 4 sanitary condition at all times. Each construction site shall be provided with solid waste 5 containers adequate in size and sufficient in number to accommodate the accumulation of 6 solid waste during the interval between scheduled removals of solid waste from the project 7 site. The number and type of refuse containers shall be subject to the approval of the Public 8 Works Department. The owner of the property, or the contractor conducting the operations, 9 shall have the right to provide the material removal service with his own containers and 10 equipment. In all other cases, the owner or contractor shall be required to obtain such removal 11 services from the City. The Public Works Department shall determine exclusively whether 12 this service would require the use of roll-off containers, or the service could be adequately 13 provided by some other means. 14 (b) Stop work. During the construction of any site project the Building Official may at 15 his/her discretion, issue a written order to stop work on a construction project for failure to 16 maintain the construction site in a clean and sanitary condition, or for failing to adhere to the 17 requirement of this chapter. 18 (c) Final cleanup. Solid waste shall be removed from the construction, renovation, 19 remodeling, or repair site, and the area properly cleaned to the satisfaction of the Director of 20 Public Works within five (5) workdays following the completion and final inspections of the 21 ork performed under a permit, and in all instances prior to the issuance of a certificate of 22 ccupancy by the Building Department. 23 (d) Roll-offlocation. All roll-off containers shall be placed on the customer's property in 24 location accessible for service. Roll-offs may be placed in the public right-of-way only if a 25 ermit to do so is issued by the Engineering Department. 26 General regulations. 27 (a) Predetermination of refuse storage sites required. Prior to the issuance of a building 28 ermit by the City Building Department for the renovation, modification or erection of a new 29 tructure, provisions must be made for the storage and handling of refuse. Such arrangements 30 hall provide free access to containers by mechanized equipment at all times. Acting jointly, 31 he Public Works Department and the City Building Department and the builder-owner- 32 ccupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection 33 equirements. 34 (b) Refuse from containerized residential units will be collected twice a week or as 35 ecessary. Such frequency of service shall be determined exclusively by the Director of 36 ublic Works to ensure public safety, health, cleanliness and appearance. In the case of the 37 ommercial establishment, the customer will be billed for the amount of service required to 38 eet the solid waste standards. :\CA\Ordinances\Refuse, Garbage and Trash.doc - 9 - 1 (c) Duty to record and bill users of City system. The Director of Public Vvorks shall 2 cause to be kept an accurate record of all persons using the services and facilities of the said " municipal refuse collection and disposal system and make charges in accordance with the .J 4 rates and charges herein established. The City may choose to not provide solid \vaste services 5 because of non-payment. 6 (d) [Unlav.:ful deposits.} It shall be unlawful for any person to deposit on, or bury in. or 7 cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the 8 City or upon any occupied property public square, or upon any street, alley, park, parkway. or 9 in any canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any 10 storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous 11 or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of 12 the City in any vessel or receptacle other than in an approved refuse container which is 13 collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free 14 compo sting practices for home gardening purposes. No person shall bum or cause to be 15 burned any refuse or waste anywhere within the City limits, except as otherwise provided by 16 law. 17 (e) Mulch or compost piles permitted. Horticultural trash and refuse containing no 18 combustible matter, or which will not, during decay, give off offensive odors, may be 19 accumulated by the owner as a mulch or compost pile in the rear of the residential premises 20 upon which the material is accumulated. Bringing material from offsite onto the property for 21 the sake of compo sting will be prohibited. Compo sting for commercial purpose. or 22 composting to develop a marketable product shall be prohibited except for those cases j" allowed by commercial enterprise, and properly licensed to conduct such operations. .....J 24 (f) Ownership of collection refuse and ~1'aste. j- (1) Ownership of refuse and waste material shall be vested in the City at the time of -) 26 ollection. 27 (2) It shall be unlawful for any person, not authorized to do so, to open, remove. untie. 28 r to interfere with the orderly and legitimate collection of any refuse containers placed for 29 ollection and disposal. It shall be unlawful for any person to scavenge any solid waste 30 ithin the City. 31 (3) Recycling material to be collected, such as newspaper, newspaper/grade papers. 32 nd/or other materials, shall become the property of the City from the time of placement at the "" urb by the customer, and it shall be a violation of this Article for any person, firm. .J _1 34 orporation, or partnership other than the City, to tamper with or to take or remove, or to 35 onvert to its own use in any way, such material. Each such collection in violation hereof 36 rom one (1) or more residences or businesses during such period shall constitute a separate 37 nd distinct offense. '\CA\OrdinancesIRefuse. Garbage and Tra,h.doc - l(i- 1 (g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any 2 solid waste container for collection; however, this section shall not apply to animal parts from 3 food preparation for human consumption. 4 (h) Incinerators. No private incineration units shall be erected or operated within the 5 City from the date of this Article except upon approval of the City Commission, and the 6 issuance of the proper permits and licenses from any and all regulating agencies. 7 (i) Landfills. It shall be unlawful for any person to create, use, own, or operate any 8 landfill or dump within the corporate limits of the City. 9 CD Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon 10 the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private 11 property within the City except as provided herein. 12 (k) Non-interference. It shall be unlawful for any person to interfere with any employee 13 of the City while in the performance of their duties as authorized by this chapter. 14 Sec. 10-28. Reserved. 15 Sec. 10-29. Purpose of rates and charges. 16 The rates and charges herein set forth are imposed to provide revenue for the purpose of 17 paying the costs of the operation and maintenance of the refuse collection and disposal system 18 of the City and extensions thereof and replacements thereto and for any other lawful purpose 19 as so determined by the City Commission. 20 Sec. 10-30. Rates and charges for City service. 21 The rates and charges for refuse collection service provided by the City shall be as follows: 22 (a) Commercial containerized, excluding multifamily residential units: 23 (1) Monthly commercial charges shall consist of a total of the following three (3) 24 terns: 25 a. Container rental charge-A monthly flat fee to cover the cost of the container by 26 ize as follows: 27 2003/2004 Rates 28 2 cu. yd. container-$20.00 per month 29 3 cu yd. container- 25.00 per month 30 4 cu. yd. container- 30.00 per month :\CA\Ordinances\Refuse, Garbage and Trash.doc - I] . 1 6 cu. yd. container- 35.00 per month '") 8 cu. yd. container- 40.00 per month "l The Public Works Director shall annually adjust these fees based upon changing purchase .) 4 prices of new containers. 5 b. Disposal charge-A fixed disposal charge as set and modified from time to time 6 by the Palm Beach County Solid Waste Authority. This price shall be passed on to the 7 customer directly. 8 c. Operating charge-A fixed charge per cubic yard to cover all other labor and 9 equipment hauling expenses and charges of the Solid Waste Department. The rate in 2004 10 will be fixed at three dollars ($3.00) per cubic yard and will be increased four percent (4%) 11 annually thereafter at the beginning of each fiscal year, or as otherwise provided by the City 12 Commission. 13 (2) Partial monthly service will be charged on a prorated basis. based on the rates in 14 subsection (la.) above. 15 (3 ) Mechanical compressed or compactor refuse shall have the disposal rate ]6 computed at a three-to-one (3:]) ratio of the disposal rates set forth in subsection (l b.) above. 17 Containers with compactors shall be furnished by the owner, therefore, no rental cost shall be 18 charged. 19 (b) ]\/oncontainerized commercial service: Refuse picked up from residential type cans 20 at commercial establishments shall have their level of service negotiated by the Public Works 21 Department. 22 (c) Rcsidcntfu!Collection rates (!1ol1cOl1tai:1cri:::ca): j"l ~.) 24 25 26 27 28 29 30 31 "lj _1- 33 34 'leA \OrdinancesIRefuse. Garbage and Trash.doc . ] 2. 1 (d) Residential rates (containerf:::ed, multifamily): 2 (1) Eight dollars and fifty cents ($g.50) for fiscal year 2006/2007; nine dollars 3 ($9.00) for fiscal year 2007/200g; and nine dollars and fifty cents ($9.50) for fisea.! year 4 2008/2009 per month for each family unit for apartments and condominiums that are served 5 by dumpster containers. 6 (2) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; nine dollars 7 ($9.00) for fiscal year 2007/200g; and nine dollars and fifty cents ($9.50) for fiscal year 8 2008/2009 per trailer in trailer parks. 9 (e) Special pickup: Special pickups of items not normally handled by the weekly 10 garba;;e, trash or recycling pickup, whether due to the type of \vaste or the volume of wuste, 11 may be scheduled by contacting the Public Vi orks Department and the rate for such pickup 12 shall be established by the Director depending on the size and type of removal needed. 13 Residential Multi-Family 14 FY2007-08 $12.25 $ 9.00 15 FY2008-09 $12.75 $ 9.50 16 FY2009-10 $13.25 $10.00 17 FY2010-11 $14.00 $10.75 18 19 (fg) Rate schedule extra pickup of dumpsters at multifamily locations: Three dollars 20 ($~.OO) per cubic yard. 21 (g~) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris 22 ~hall be established and modified from time to time by the Director of Public Works based 23 upon private markets conditions. 24 Sec. 10-31. Violations and enforcement. 25 It is hereby declared unlawful and a violation of this Article for any person to do or permit 26 o be done any of the following acts or practices: 27 (1) To deposit or place in or cause to be deposited or placed in a trash container any 28 naterials other than those defined in this Article as refuse. 29 (2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and 30 n good state of repair, all refuse containers. :ICAIOrdinancesIRefuse, Garbage and Trash.doc - 13 - I I 1 (3) To use or supply garbage cans and refuse containers other than those defined and 2 provided for in this Article. 3 (4) To collect or permit to be collected by anyone, the garbage from any garbage 4 container other than by persons regularly employed by the City for that purpose unless 5 specifically authorized by the City Commission. 6 It shall be unlawful for any person to faiL neglect, or refuse to comply with and abide by 7 each provision of this Article. The performance on each day of any prohibited act or practice 8 shall constitute a separate offense, and shall be punishable as such. 9 Sees. 10-32-10-49. Reserved. 10 Section 3. Each and every other provision of Chapter 10, not herein specifically 1 1 amended shall remain in full force and effect as previously enacted. 12 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 13 same are hereby repealed. 14 Section 5. Should any section or provision of this ordinance or portion hereof any 15 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid. 16 such decision shall not affect the remainder of this ordinance. 17 Section 6. Authority is hereby granted to codify said ordinance. 18 Section 7. This ordinance shall become effective immediately upon its passage 19 nd adoption. 20 FIRST READING this ~ day of 1IL '"r ,2008. 21 '\CA\Ordmances\Refuse. Garbage and Trash.doc .14. 1 SECOND, FINAL READING AND PASSAGE this day of 2 ,2008. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Jose Rodriguez 10 11 12 Commissioner - Ronald Weiland 13 14 15 Commissioner - Woodrow L. Hay 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 21 22 23 Janet M. Prainito, CMC 24 City Clerk 25 26 27 (CORPORATE SEAL) 28 :\CA\OrdinancesIRefuse, Garbage and Trash.doc - 15 - XIII-UNFINISHED BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\-l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15, 200S March 31, 200S (Noon) D June 17, 200S June 2, 200S (Noon) D May 6, 2008 April 14, 200S (Noon) D July 1, 200S June 16, 200S (Noon) D May 20, 200S May 5, 200S (Noon) D July 15, 200S June 30, 200S (Noon) [81 June 3, 200S May 19, 200S (Noon) D August 5, 2008 July 14, 200S (Noon) D Announcements/Presentati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlemen1s ~ Unfinished Business D Public Hearing D RECOMMENDATJON: Direct the City Attorney to collaborate with the Green Task Force and Development Department green workgroup to prepare a Green Building Certification Ordinance for consideration for approval by the City Commission that will incorporate all, some or none of the Development Department green workgroup and Green Task Force recommendations. EXPLANA TJON: At the May 6,2008 City Commission meeting, a member of Commission added to the agenda for discussion purposes a draft ordinance entitled "Green Building Certification Requirements" providing for purpose, intent, definitions, green building coverage, standards, certification and program review. (See attached Exhibit "A"). The City Manager requested adequate review time for staff to come back to the Commission with comments related to the proposed ordinance and status report of the Green Task Force's activities. In Memorandum #08-008 (See attached Exhibit "B") staff recommends consideration of the following points in formulating an ordinance and incentives for green development: . The desired ordinance will require revision of several chapters of the Land Development Regulations, specifying the desired levels of green development within the zoning districts, inclusive of commercial, residential, mixed-use and industrial developments. Should the City Commission adopt a Carbon Emission Reduction goal, this ordinance will need to be amended to add complimenting standards within the Utilities, Engineering and Building code sections to incorporate and mandate the desired standards and incentives to achieve greenhouse gas reduction. . Staff strongly supports the inclusion of multiple certifying agencies to assure maximum flexibility in attracting green developers to Boynton. It is not recommend that the City establish its own green standards as local and nationally accepted certification will provide greater consistency and assure that independent agents confirm site standards. The USGBC (US Green Building Council) LEED certification program is perhaps the most recognized of these standards, but the FGBC (Florida Green Building Coalition) and the ICC (International Code Council) certifications should be included. . All construction of City buildings, including affordable housing and other developments funded by taxpayer monies, should be mandated for development in accordance with a green building certification program. Ifbudget constraints are of concern, a lower green certification level can be utilized to ease the burden. . A green transportation element should be included in all developments where applicable to coincide with the City's Comprehensive Plan transportation element S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Staff has also examined incentive options offered to entice green development in Boynton. Those incentives should take into account current market conditions and future actions that may be necessary due to budget constraints and the potential fiscal impact they may have. The items considered were: a. Expedited plan review times b. Reduced fees c. Density bonuses d. Low Income/Affordable Housing Green Upgrades PROGRAM IMP ACT: Staff is concerned that offering expedited review is not sufficient incentive to attract green development to Boynton. Offering expedited permit review for green building projects during active periods may have the adverse effect of slowing the review times for regular customers, which must be avoided. Currently, any developer proposing engineered green design is offered plan review conducted personally by the Building Official and the Chief Field Inspector. It will be unrealistic to continue this practice when building demand increases. As an alternative to assure that the City responds consistently and effectively on this initiative, several options are available. If expedited review is to be considered, training of additional staff within the Building division and other reviewing departments will be necessary. Fire, Engineering, Utilities. Planning &Zoning. Parks, Police, Public Works and Public Arts would all need to attend green building courses specificall) designed for municipal employees involved in the permit and inspection process. Costs for this type of training would depend on the certification agency chosen (e.g. USGBC (approximately $ I 50 per course) or ICC (training fees have not been established yet)) and may require out-of-state travel. Third-party contract plan review may be necessary to maintain acceptable plan review and inspection times while key personnel attend training classes. These firms presently charge a minimum of $68.00 per hour to have one of their staff on-site in our division. Reduction of fees, including Planning & Zoning and Building fees. along with other costs paid at time of permit such as. Recreation and Parks impact fee, Art in Public Places fee, Water/Sewer Capital Facilities fees should be examined as potential incentive sources for green development. Staff recommends that any reduction of fees be returned to the developer as a rebate once official certification by the approved agency is received. Suggested levels of rebate would be determined by the level achieved. For example, a project obtaining LEEDS certification would be rebated back 5% of the applicable fees: LEED Silver 15%; LEED Gold 25%; LEED Platinum 50% etc. Density bonuses can also be an attractive incentive when the project meets the certifying agency site requirements and City zoning codes can reasonably be amended. The downside to this incentive is that with increased density comes increased fees. including County Impact fees. Increased density also poses a risk to the City, in that it is awarded up front, and once built. cannot be recovered should the project fail to meet the required certification level. Low Income/Affordable Housing green incentives designed to supplement the City's current CDBG and SHIP programs could offer rebate incentives to meet sustainable building standards by surcharging developments without green elements to fund a dedicated account. This incentive would work to both encourage all developments to seriously consider green development while supplementing the dwindling available funds for rehab and new construction of low income and affordable housing developments. For those developments not utilizing CDBG or SHIP funds, the alternative rebate program would apply. The Green Task Force has been diligently working to determine the best course options for both a green build ordinance and a greenhouse gas reduction ordinance. The Green Task Force will work with the City Attorney's office to return options t(Jr enhancing the draft ordinance with a fiscal impact analysis of the activities/incentives presented. Ideally. the Green Building Ordinance would be adopted concurrent to an ordinance establishing a measurable standard for greenhouse gas reduction, such as that of the US Mayors Council. This coordinated legislation will allow a comprehensive approach to both environmental and building concerns. The Green Task Force is currently working with the ICLEI Local Governments for Sustainability CACP (Clean Air and Climate Protection Software) to establish a benchmark carbon emission for current conditions in Boynton Beach. Once that benchmark has been obtained. staff will provide recommendations and fiscal impacts for future carbon emission reduction. SIHiLIETlNH)!UvlS\/\U['\[)/\ ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Per the request of Commission, staff is also presenting a preliminary inventory of the Florida Green Local Government from the Florida Green Building Coalition (Exhibit "C"). The Task Force is currently in the process of evaluating the potential for Boynton to achieve this State certification, and will provide Commission with a recommendation in early July. Additionally, utilizing the U.S. Mayor's Council categories for Best Practices (Exhibit "0"), we have identified 118 Green Practices currently ongoing in the City. Also attached is a previous status update and Plan of Action distributed to the City Commission on March 24, 2008, along with the April 2008 and May 2008 Green Task Force meeting agendas and meeting summaries. The Green Task Force will continue to conduct reviews and research in order to provide a report of recommendations to the City Commission by September 16,2008, as stipulated in the Green Task Force Resolution No. 08-025. FISCAL IMP ACT: None at this time, however future recommendations may have budgetary ramifications depending upon which recommendations are adopted by the City Commission. All current Best Green Practices for the City of Boynton Beach have been implemented within existing budget constraints. AL TERNA TlVES: Not to approve the proposed green building ordinance "as is" at this time; direct City Attorney to revise proposed ordinance based on staff comments and bring back to next Commission meeting for approval; wait for final recommendations of the Green Task Force to approve any ordinances related to green practices for the City of Bovnton Beach. ~ City Manager's Signature Assistant to City Manager ChvG Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC . EXHIBIT "A" 1 ORDINANCE NO 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING TITLE XV OF THE CITY'S CODE 5 OF ORDINANCES, ENTITLED "LAND USE" BY 6 SPECIFICALLY CREATING CHAPTER 158, TO BE 7 ENTITLED "GREEN BUILDING CERTIFICATION 8 REQUIREMENTS"; PROVIDING FOR PURPOSE AND 9 INTENT; PROVIDING FOR DEFINITIONS; PROVIDING 10 FOR GREEN BUILDING COVERAGE AND STANDARDS; 11 PROVIDING FOR CERTIFICATION; PROVIDING FOR A 12 PROGRAM REVIEW; PROVIDING FOR CODIFICATION; 13 PROVIDING FOR CONFLICTS; PROVIDING FOR 14 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach (hereinafter referred 17 to as the "City") has recognized the importance of implementing programs in the City tb::it 18 promote sustainable energy and environmental awareness; and 19 WHEREAS, in an effort to better examine such programs, on the City Commission 20 adopted Resolution 08-025, thereby creating the Green Task Force; and 21 WHEREAS, the Task Force was tasked with the responsibility of examining various 22 "green" initiatives and making recommendations to the City Commission as to how the City 23 might implement programs that promote sustainable energy and environmental awareness: and 24 WHEREAS, the Task Force has consider the possibility of implementing a green 25 building certification program, such as Leadership in Environmental and Energy Design 26 ("LEEDs") or the Florida Green Building Coalition ("FGBC") initiative, among others; and CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 1 S:\CA\Ordinances\Green Building Certification Program.doc 1 WHEREAS, the Task Force, at its monthly meetings, has considered a number of green 2 building certification options and heard presentations from various outside professionals who 3 specialize in such programs; and 4 WHEREAS, after significant discussion and review, the Task Force has concluded it to 5 be in the best interests of the City to implement a program whereby buildings are either 6 required or encouraged to satisfy the certification requirements of one of the various 7 environmentally conscious building initiatives; and 8 WHEREAS, the City will seek to identify sustainable funding sources in order to 9 provide incentives for private developers to develop "green" buildings; and 10 WHEREAS, the City Commission has considered the recommendation the Task Force 11 and considers it to be in the best interests of the citizens and residents of the City to implement 12 a green building certification program for development and redevelopment projects within the 13 City. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 15 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 16 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 17 as being true and correct, and are hereby incorporated herein and made a part hereof. 18 Section 2. Chapter _of the Boynton Beach Code of Ordinances, to be entitled 19 "Green Building Development Requirements", is hereby created as follows: 20 I Chapter Green Building: Certification Requirements CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 2 S:\CA\Ordinances\Green Building Certification Program.doc 1 \ 2 ~ Purpose and Intent 3 4 The purpose of this Chapter is to implement a green building certification 5 program within the City of Boynton Beach in an effort to provide for the 6 enhancement of sustainable energy and environmentallv friendly building 7 construction. It is further the intent of the City Commission to ensure that the 8 development of public buildings is done in an environmentally friendly manner 9 as well as to encoura~e environmentally conscIOUS private commercial, 10 industrial and residential development. 11 12 ~ Definitions 13 14 (1) Citv means the City of Bovnton Beach, Florida. 15 16 17 (2) Construction means any proiect. associated with the creation, 18 development, or erection of any building eligible for the program. 19 20 (3) FGBC means the Florida Green Building Coalition. 21 22 (4) Green building means generally the resource efficient design. 23 construction, and operation of buildings by emploYing environmentally sensible 24 construction practices, systems, and materials. 25 26 (5) LEED means the Leadership in Ener~y and Environmental Design 27 Rating System of the U.S. Green Buildin~ Council. 28 29 (6) LEED for Existing Buildings means the USGBC rating system that 30 app Ii es to existing buildings and addresses whole-building cleaning and 31 maintenance issues (including chemical use). recyclinj;!; programs, exterior 32 maintenance programs, and svstems upgrades. 33 34 (7) Program means the City's green building certification program. 35 36 (8) Program certification means the final designation awarded to a program 37 participant for satisfYing all requirements associated with the program for a 38 particular proiect. 39 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 3 S :\CA \Ordinances\Green Building Certification Program. doc 1 (9) Program participant means any person or entity seeking program 2 certification for a particular proiect. 3 4 (10) Proiect means any construction associated with the creation. 5 development. or erection of any building eligible for the program. 6 7 (11) Proiect application form means the form submitted to the Building 8 Division indicating that a program participant is interested in participating in the 9 program for a particular project. 10 11 (12) Sub-program means any area of construction covered by the program. 12 13 (13) USGBC means the U.S. Green Building Council. 14 15 & Applicability 16 17 The Program shall be mandatory for the development of all City-owned 18 construction proiects. including all City-owned City Center parcels. and is 19 encouraged for all private commercial. industrial and residential development 20 proiects. City-owned construction projects shall be developed in accordance 21 with. at a minimum. the LEED "silver" certification designation or another 22 nationally-recognized certification program. On a proiect-by-proiect basis. the 23 City Commission may. by supermaiority vote. determine that the costs 24 associated with participating in the Program outweigh the benefits. of such 25 participation. Such a determination shall amount to a waiver of the requirement 26 that City comply with the provisions of this Chapter. 27 28 & Green Building Coverage 29 30 The Program shall be comprised of the following sub-programs: 31 32 ( 1 ) New residential construction; 33 34 (2) Residential or commercial retrofitting/remodeling; 35 36 (3) New commercial/non-residential construction. including expansions; 37 and 38 39 (4) The City's building and construction proiects for both new CODING: Words in strike thr{)ugh type are deletions from existing law; Words in underlined type are additions. Page 4 S:\CA\Ordinances\Green Building Certification Program. doc 1 construction and renovations. 2 3 ~ Green Building Standards 4 5 The program shall be administered using standards developed by the Florida 6 Green Building Coalition, the U.S. Green Building CounciL or a nationally- 7 recognized equivalent rating: system. These standards shall applv to each sub- 8 program as follows: 9 10 (a) New residentially permitted projects: For any program participant seeking: 11 program certification for new residential construction, the program participant 12 must satisfy all ofthe requirements associated with either: 13 14 (i) the CUlTent Green Home Designation Standard of the FGBC. as may 15 be amended from time to time; 16 17 (ii) the current USGBC LEED for Homes program, as may be amended 18 from time to time; or 19 20 (iii) a nationally-recognized equivalent ratings system. 21 22 (b) Remodeling of existing homes: The program participant must meet 23 requirements of remodeling certification for either: 24 25 (i) the CUlTent Green Home Designation Standard of the FGBC. as mav 26 be amended from time to time; 27 28 (ii) the CUlTent LEED for Homes program. as may be amended from time 29 to time: or 30 31 (iii) a nationallv-recognized equivalent ratings svstem. 32 33 (c) New commercial or industrial buildings: The program participant must 34 satisfy all of the requirements associated with the: 35 36 (i) current Green Commercial Designation Standard of the FGBC. as 37 may be amended from time to time; 38 CODING: Words in strike through type are deletions from existing law: Words in underlined type are additions. Page 5 S:\CA\Ordinances\Green Building Certification Program.doc 1 (ii) current LEED for New Construction or derived USGBC LEED rating 2 system (e.g., LEED for Schools, LEED for Health Care) program, as 3 may be amended from time to time: or 4 5 (iii) a nationally-recognized equivalent ratings system. 6 7 ( d) Existing commercial and industrial buildings: The program participant must 8 satisfy all of the requirements associated with: 9 10 (i) the current Green Commercial Designation Standard of the FGBC. as 11 may be amended from time to time: 12 13 (ii) the current LEED for existing buildings or derived USGBC LEED 14 rating system (e.g.. LEED for Schools, LEED for Health Care) program, 15 as may be amended from time to time: or 16 17 (iii) a nationally-recognized equivalent ratings system. 18 19 (e) The City's building and construction proi ects shall satisfy all the 20 requirements associated with: 21 22 (i) current Green Commercial Designation Standard of the FGBC, as 23 may be amended from time to time: 24 25 (ii) current LEED "silver" certification rating for New Construction or 26 derived USGBC LEED rating system (e.g.. LEED for Schools, LEED for 27 Health Care) program, as may be amended from time to time: or 28 29 (iii) a nationally-recognized equivalent ratings system. 30 31 & Incentives 32 33 (a) All sub-programs. For any voluntary program participant seeking a program 34 certification. the City shall provide fast-track pennitting refund incentives up to 35 a total of $25.000 on a first come first served basis during the first year of 36 implementation of this Section, and refunds for subsequent years subiect to 37 budgetary considerations. Program participants shall pay fast-track permitting 38 costs at the time of application submittal and shall be entitled to a refund upon 39 issuance of Certificate of Occupancy and green building certification. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 6 S:\CA\Ordinances\Green Building Certification Program.doc 1 2 (i) Building permit applications for residential green buildings shall be 3 processed within 15 working days. All such applications shall be 4 accompanied by the appropriate green building program application 5 form. 6 7 (ii) Building permit applications for commercial green buildings shall be 8 processed m 15 working days. All such applications shall be 9 accompanied by the appropriate green building program application 10 form. 11 12 (b) For all detached one and two-family residential proiects, there shall be a 13 reduced building fee which shall equal 5 percent (5%) of the fee required for a 14 non-pmticipant. 15 16 ( c) For the purposes of publicly recognizing outstanding commitment to "green 17 building" and environmental awareness, the City Commission shall annuallv 18 award the "Bovnton Beach Green Building A ward" to certain private program 19 participants who demonstrate a commitment to green buildings. 20 21 9 Certification 22 23 The program shall be subiect to certification bv a qualified third partv 24 who has been trained and certified as a green building certifying agent. 25 Program participants shall be responsible for all costs associated with 26 certification. 27 28 9 Program Review 29 30 The City Manager, or his or her designee, shall conduct a ioint review of 31 the program as soon as practicable after its first year of implementation, 32 and may make recommendations to the Citv Commission regarding 33 changes to the program that may increase its effectiveness. 34 Section 3. It is the intention of the City Commission of the City of Boynton Beach. 35 Florida that the provisions of this ordinance shall become and be made a part of the City of 36 Boynton Beach Code of Ordinances. The sections of this ordinance may be re-numbered or re- CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 7 S:\CA\Ordinances\Green Building Certification Program. doc . 1 lettered and the word "ordinance" may be changed to "section," "article," or such other 2 appropriate word or phrase in order to accomplish such intentions. 3 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 4 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 5 Section 5. If any clause, section, or other part or application of this Ordinance shall be 6 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 7 or invalid part or application shall be considered as eliminated and so not affecting the validity of 8 the remaining portions or applications remaining in full force and effect. 9 Section 6. This Ordinance shall become effective immediately upon its passage and 10 adoption. 11 FIRST READING this _ day of ,2008. 12 13 SECOND, FINAL READING AND PASSAGE this day of 14 ,2008. 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 Mayor - Jerry Taylor 19 20 21 Vice Mayor - Jose Rodriguez 22 23 24 Commissioner - Ronald Weiland 25 26 27 Commissioner - Woodrow L. Hay 28 29 CODING: Words in strilce through type are deletions from existing law; Words in underlined type are additions. Page 8 S :\CA \Ordinances\Green Building Certification Program.doc " 1 Commissioner - Marlene Ross 2 ATTEST: 3 4 5 6 Janet M. Prainito, CMC 7 City Clerk 8 9 10 (CORPORATE SEAL) 11 CODING: Words in strike through type are deletions from existing law: Words in underlined type are additions. Page 9 S:\CA\Ordinances\Green Building Certification Program.doc EXHIBIT "B" DEVELOPMENT DEPARTMENT MEMORANDUM 08-008 STAFF REPORT To: Chair and Members Green Task Force From: Nancy Byrne Assistant Development Director Date: May 23, 2008 Project: Green Building Ordinance BACKGROUND Both the Green Task Force and the Development Department green workgroup have been analyzing information obtained from various green building organizations, including best practices from several municipal and county governmental agencies. The desired outcome of this research is to formulate recommendations back to the City Commission on incorporating and implementing green development and building standards in Boynton. ANALYSIS &. RECOMMENDATIONS Staff recommends consideration of the following points in formulating an ordinance and incentives for green development. . The desired ordinance will require revision of several chapters of the Land Development Regulations, specifying the desired levels of green development within the zoning districts, inclusive of commercial, residential, mixed-use and industrial developments. Should the City Commission adopt a Carbon Emission Reduction goal, this ordinance will need to be amended to add complimenting standards within the Utilities, Engineering and Building code sections to incorporate and mandate the desired standards and incentives to achieve greenhouse gas reduction. . Staff strongly supports the inclusion of multiple certifying agencies to assure maximum flexibility in attracting green developers to Boynton. It is not recommend that the City establish its own green standards as local and nationally accepted certification will provide greater consistency and assure that independent agents confirm site standards. The USGBC (US Green Building Council) LEED certification program is perhaps the most recognized of these standards, but the FGBC (Florida Green Building Coalition) and the ICC (International Code Council) certifications should be included. (*Note that ICC standards are currently being development with the National Association of Home Page 2 Green Building Ordinance Recommendations May 23 2008 Builders (NAHB). This certification program will include changes to the National Building Code which is used as a template for the Florida Building Code.) . All construction of City buildings, including affordable housing and other developments funded by taxpayer monies, should be mandated for development in accordance with a green building certification program. If budget constraints are of concern, a lower green certification level can be utilized to ease the burden. . A green transportation element should be included in all developments where applicable to coincide with the City's Comprehensive Plan transportation element Incentive programs offered to entice green development in Boynton, should take into account current market conditions and future actions that may be necessary due to budget constraints. Staff has examined several incentive options and the potential fiscal impact they may have. The items considered were: a. Expedited plan review times b. Reduced fees c. Density bonuses d. Low Income/Affordable Housing Green Upgrades a.) The City's current plan review times for building projects are very good, due to the level of training and experience of our plan review staff and the recent market slowdown that has affected residential development. Residential and commercial projects can generally be reviewed and approved in-house in about a week or two. Staff is concerned that offering expedited review is not sufficient incentive to attract green development to Boynton. Offering expedited permit review for green building projects during active periods may have the adverse effect of slowing the review times for regular customers, which must be avoided. One of the biggest challenges to plan reviews of green projects is that many of the new, green features and components are not acknowledged or approved by the Florida Building Code and would need to be reviewed as an alternative design / alternative method of construction. This necessary step adds time to the review process and is regulated by Florida statute and our Administrative Amendments. This is a good feature of the code as it allows the Building Official to approve new, innovative products and construction techniques not mentioned or approved by the code if they are equivalent to the intent of the provisions of the Florida Building Code. Currently, any developer proposing engineered green design is offered plan review conducted personally by the Building Official and the Chief Field Inspector. It will be unrealistic to continue this practice when building demand increases. As an alternative to assure that the City responds consistently and effectively on this initiative, several options are available. If expedited review is to be considered, training of additional staff within the Building division and other reviewing departments will be necessary. Fire, Engineering, Page 3 Green Building Ordinance Recommendations May 23, 2008 Utilities, Planning &zoning, Parks, Police, Public Works and Public Arts would all need to attend green building courses specifically designed for municipal employees involved in the permit and inspection process. Costs for this type of training would depend on the certification agency chosen (e.g. USGBC (approximately $150 per course) or ICC (training fees have not been established yet)) and may require out-of-state travel. Third-party contract plan review may be necessary to maintain acceptable plan review and inspection times while key personnel attend training classes. These firms presently charge a minimum of $68.00 per hour to have one of their staff on-site in our division. Another consideration is whether the City would like to review the green building plans for not only compliance with the code but also to determine the various building features and components that would qualify for possible certification under the various green programs. Our present plan review staff does not have the required training in green building to conduct such reviews and training by multiple certification agencies would prove to be cost prohibitive, both in actual expense and time away from daily operations. The City could offer this level of plan review service by utilizing a third-party plan review agency with experience in LEEDS, FGBC, and other recognized green building rating systems. There are architectural and engineering firms that have expertise to perform green plan review (in addition to building code review) which may confirm that the building has the potential to achieve a certain rating within LEEDS or FGBC. These firms charge between $1,250.00 to $15,000.00, depending on the size of the building, for a design review of proposed green construction of a new commercial or major renovation project. b.) Reduction of fees, including Planning & Zoning and Building fees, along with other costs paid at time of permit such as, Recreation and Parks impact fee, Art in Public Places fee, Water/Sewer Capital Facilities fees should be examined as potential incentive sources for green development. By offering reduced fees for green elements that add to the overall initiative to reduce greenhouse gas, Boynton would be at the forefront in encouraging green development. This is an area that would need to be carefully examined by each affected department to determine the cost impact. If, for example, the site design includes innovative water capture and reuse that actually saves the City money by not impacting current facility capacity, those funds could be returned to the developer in rebate once certification has been achieved. Likewise, if green elements of the project were aesthetic and educational, a rebate of Art in Public Places would be appropriate. Staff recommends that any reduction of fees be returned to the developer as a rebate once official certification by the approved agency is received. Suggested levels of rebate would be determined by the level achieved. For example, a project obtaining LEEDS certification would be rebated back 5% of the applicable fees; LEED Silver 15%; LEED Gold 25%; LEED Platinum 50% etc. c.) Density bonuses can also be an attractive incentive when the project meets the certifying agency site requirements and City zoning codes can reasonably be amended. The downside to this incentive is that with increased density comes increased fees, including County Page 4 Green Building Ordinance Recommendations May 23. 2008 Impact fees. Increased density also poses a risk to the City, in that it is awarded up front, and once built, cannot be recovered should the project fail to meet the required certification level. d.) Low Income/Affordable Housing green incentives designed to supplement the City's current CDBG and SHIP programs could offer rebate incentives to meet sustainable building standards by surcharging developments without green elements to fund a dedicated account. This incentive would work to both encourage all developments to seriously consider green development while supplementing the dwindling available funds for rehab and new construction of low income and affordable housing developments. For those developments not utilizing CDBG or SHIP funds, the alternative rebate program would apply. Summary The Green Task Force needs to work closely with City Commission to determine the best course options, carefully examining the fiscal impact of this, and any other proposed green ordinance. Ideally, once the carbon emission benchmark for the City has been determined, the Green Task Force can approach City Commission with comprehensive recommendations to proceed toward adopting a greenhouse gas reduction program that is complimented and enhanced by green building standards. . EXHIBIT "e" Overview of the Florida Green Local Government Standard Effort The Florida Green Local Government Standard is similar to other green standards currently in effect in Florida and many other states, yet very unique in its target. In essence, a list of criteria is presented, and each is assigned a point value. A minimum total point value is set that represents a bar, and local governments who incorporate sufficient criteria such that they meet or exceed the bar are "certified" or "registered" as a Green Local Government. The fact that this standard targets local governments makes it somewhat unique in terms of "green" standards. Typical components of green building programs have traditionally targeted individual buildings and land developments. One of the goals of the Local Government Standard is to increase the penetration of many types of green activities. The standard organizes criteria in terms of individual local government department functions, and focuses on improving their environmental performance through a number of mediums (energy, water, air, land, waste) and through a number of "techniques". Primary techniques include recommendations for what the local government can do in house to set an example to the community, incentives and ordinances that can be enacted to foster green building within the community, and education of local government staff, as well as the community. This broad scope is also what makes this standard unique. Past similar standards have had limited focus to a single environmental medium, a single local government function, or a single "technique". The Florida Green Local Government Standard leverages such existing programs, and also presents new criteria. Existing programs that are leveraged include statewide programs such as Waterfronts Florida, and Florida Main Street Designation, and national programs such as Tree City USA from the National Arbor Day Foundation. Examples of criteria that are not defined by an existing program include developing local government energy reduction plans, instituting an environmentally preferable purchasing program, utilizing green fleet management, and working with water utilities to promote conservation. In order to set realistic goals, the standard has been developed in conjunction with the City of Gainesville, Sarasota County, Alachua County, and Miami-Dade County, who acted as pilots in the program. These local governments have already demonstrated green excellence in a number of areas, and agreed to survey their green accomplishments and share success stories, which provide an exemplary path for others to follow. It is envisioned that successful local governments will create and enforce landscape codes that help preserve natural Florida ecosystems, conserve water, create pedestrian-friendly environments, and follow green policies throughout their own organization in everything from ball field maintenance to in-house recycling. The standard is presented in such a way that it is much more than just a program - it is a powerful tool. The guiding documents of the standard are designed to act as educational material for a wide audience of readers. Here, the documents not only present opportunities for a local government to "be green", but also provide examples and resources covering how to do it. In many cases, based on current application of criteria in pilot Florida cities and counties, as well as other US local governments, quantifiable results can also be presented such as dollar savings, tons of CO2 reduction, pounds of waste diverted from landfill, etc. With such a broad scope and the uniqueness of tying in many suggestions, resources, existing programs to leverage, etc. into + Florida G,,,n Looal Govornmont Standanl- Copyright Florida Greon BnHding Coalition, Ino. 2004, 2005 4 one comprehensive standard, a "one stop shop" of information is created so to speak. In this case, the standard is an excellent reference for Florida local governments to refer to when trying to accomplish environmental goals - whether from a regulatory, a risk / asset management, an economic development, or a cost reduction standpoint. The standard is meant to be a useful reference even for those local governments who have no interest in becoming certified, but are trying to accomplish a singular goal, rather than the big "green" picture. For those that do wish to become certified, there are flexible paths to qualification so that cities and counties can tailor qualification to meet their goals, while still maintaining the well-rounded profile that has come to define "green". Flexibility is also important, for no two local governments look alike, nor do the) all perform the same functions. Part of what started the development of the Florida Green Local Government Standard was a desire of the Florida Energy Office and the US Department of Energy to achieve "Energy and Environmental Integration" within government. A solicitation was announced, and The Florida Solar Energy Center (part of the University of Central Florida), the Florida Green Building Coalition, and MiamiIDade Department of Environmental Management (DERM) teamed together on a winning proposal. The original request for proposal indicated that while energy and environmental elements are tightly linked in natural and economic systems, federal, state, and local governments have traditionally approached these two issues by segmenting them into separate organizations in a way that obscures their connections. One goal of the Florida Green Local Government Standard is to bring together entities with common objectives and overlapping interests to develop integrated energy/environmental solutions to statewide as well as local issues. Such integrated energy/environmental strategies offer new opportunities for increased energy efficiency, multi-pollutant prevention, and environmental improvements as well as greater operational efficiency, increased customer service, and expanded public acceptance. These goals can be well accomplished by incorporating the actions of green building into the framework of local governments, through the process of striving to meet a green building standard. Part of the process for determining qualification with the standard is to look across all local government departments to determine what is currently being done, what the needs/desires are, and what remains to be done in order to qualify. This process inherently requires extensive communication between departments, eventually identifYing areas of potential cooperation to better achieve common goals. Another aspect is that as local governments learn more about how being green can help them accomplish their goals, they will see the benefit of encouraging the private sector to apply the same principles through the creation of green homes, green commercial buildings, and green land developments. There are already standards in effect for these sectors in Florida, and green local governments can increase the penetration of green buildings and land developments through various incentives. The City of Gainesville recently passed an ordinance giving a $300 discount on building permits for certified green projects, as well as free fast track permitting (a $350 value). They are also actively promoting and publicizing such projects. Green building is not just good for the property owner or those living on the property, it is good for the whole community. Developing a standard, rather than a comprehensive guidebook is important for a number of reasons. Creating a standard and setting a bar gives local governments a meaningful goal to aim towards. The bar is designed to be a realistic one (based on pilot city/county involvement), and gives local champions of the effort something to point towards in order to keep things on track. It may provide enough driving force to push a local government who would have only achieved . .....i,', Florida Green Local Government Standard - Copyright Florida Green Building Coalition, Inc. 2004.2005 5 '"'~~"" . 50% of the bar with a simple guidebook achieve 100% of the bar such that they can become certified. The certification will allow a local government to publicize their efforts in order to gain the recognition they deserve from the local community as well as the state. Other stakeholders will also be taking part in publicizing the existence of the standard, as well as the efforts of certified cities and counties. It is also envisioned that the standard will act as an excellent metric on which to base eventual statewide incentives to cities and counties who become certified. It could also be used in the regulatory arena, where a non-compliant local government could be given the option of achieving the certification, as opposed to other regulatory actions that may be taken against them. + Florid. ilieen Loool Government Stmd"d - Copyright Florid. ilieen BuBding Cu.lition, Ino. 2004, 2005 6 Florida Green Local Government - City of Boynton Beach PRELIMINARY INVENTORY - 5/23/2008 A- Administration Total Points Achieved Planned N at planned Not appllcal Credit 1 : ."Localaovel"hrnenfel1vi..bhl1iel1tal:,toffil1iltffieht:rrt~'i''''''~:'!ll~~j!lllif~ll'.:!mi:j;,j"'~'i~i ) Write or re-write mission statement to include the local government's a commitment to the environment 2 b) Incorporate the mission statement into the local government's 3 comprehensive plan Credit 2: Conservationplannina,,'(':,~J';,; , a Monitor and track local government energy use 1 1 b Develop a local government energy reduction plan 1 1 c Monitor and track local government water use 1 1 d Develop a local government water reduction plan 1 1 e) Monitor and track local government solid waste generation/recycling rates 1 1 f) Develop a local government solid/hazardous waste reduction plan 1 1 q) Develop and EPP program for the local government 1 I h Encourage EPP program implementation 5 Credit 3: Reduce Green House,'GasEffiissiol1s ',' "',CC,'"" i" C" ", ":"" 4 a Participate in Cities for Climate Protection Campaign 1 1 b Alternative Fuel vehicle purchase 3 3 Credit 4:,Build, renovate; and"maiiltaih'areen >;",;,',4 a) Become a member of FGBC 1 1 b) Become a member of USGBC 1 1 c) Construct LEED or FGBC certified buildings or renovate for LEED EB or CI I 1 i d Employee green cleaning and maintenance procedures 1 1 1 Credit 5: Dedicate Persohl1elfOareenciLY '3 j Develop and maintain an office, person, or group to coordinate current and i a) future green city activities 3 3 I Credit6:,Greenlocal Adopt an FGBC or LEED standard as official minimum criteria for new local i a) government buildings 10 1 b) Adopt green cleaning/maintenance practices available from FL DEP 5 1 c) Enact green landscaping ordinance for local government buildings 1 1 Credit 7:.Communitv Z Budget for publicity/education related to the local government's a) commitment to the Florida Green Local Government Standard 1 1 Credit 8: Staffeducation ... ,C( '""x: ',,',', 'of ",""",.,','", .,'" ,A, "'(' ,",:T,', (( a) Organize green building education for local government staff 1 1 I Total Credits - Administration 46 13 6 2 0 B - A riculture and Extension Service Planned Not planned Not applicable Credit 1: Flol'idafl'iendl oYerl1rnel1toWl1ed,lal1dsta es a Certified Florida friendly landscapes within the City 1 Credit 2: Cbmmuni a) Offer free or discounted green products to the public Utilities Dept. Water Concervation Kit 2 Development Dept. CFL Light Bulbs 2 Development Dept. LED manual powered 2 Cred it 3.:. P rombtiollOfOI" Offer incentives to maintain/create certified organic farms within the city or a) to incorporate sustainable and water efficient 5 5 Credit4:Comrnuni , a) Offer green building or green local government education to the community I 1 1 b Provide green building or green local government educational materials 1 1 Maintain an active FY&N program or other builder/developer homeowner c) outreach program 1 1 d Active an teacher/student education program 1 1 S:\Green Task Force\FGBC - Local Government\Florida Green Local Gov Master xis May 23,2008 Page 1 of 8 Credit 5: Indust education Offer promotion and education of water conservation within the agriculture a) sector 1 1 Offer education on principles and applications of organic farming, b) permaculture and sustainable agriculture 1 1 Total Credits - Agriculture and Extension Service 18 7 2 2 7 C - Buildina and Develooment Total Points Achieved Planned Not planned Not applicable Credit 1: Monitor and trackgl'eeni)UildinaiV{ithil,the,ci Create and maintain an electronic database of all building energy code a) compliance 5 5 b) Create and maintain an electronic database of all green and energy ratings conducted on all buildings and land developments within the city 5 5 Credit 2: City greenbuildi/'lg;prcf c," ) Adopt FGBC or LEED green standards as officially recognized green a standards of the city 2 2 b) Offer incentive(s) for FGBC or LEED certified commercial and institutional 4 4 buildings cOffer incentive(s) for FGBC or Energy Star certified green homes 4 4 d) Offer incentive(s) for FGBC certified green developments 4 4 C red it 3: Preservelenhancel1ativefjabitatiandlnattlrali,!,'esourcesll1llii}~~;l~,,;tf[~f',41~~ a Require mitigation for consumption of natural habitat or resources 5 5 b) Enact and enforce a tree preservation or land-clearing ordinance 1 1 c Regulate impervious parking surfaces 1 0.5 0.5 d Enact a septic system replacement ordinance 1 1 : 4:1.. ..h. ~ "....' v.. . "1" ,.Ic...",. ) Enact a rain sensor ordinance applicable to all functioning automatic a irrigation systems 1 1 b) Enact a landscaping ordinance for new construction 1 1 Credit 5: ..,LellI ) Require all inspectors, reviewers, and supervisors to complete four hours of a CEU approved course in green building on a bi-annual basis 1 1 Credit6: Indust"".. f'i ) Department offers classes to industry professionals that detail any green a incentives or regulations present 1 1 b) Department advertises and offers incentives for local construction industry 1 1 professionals to attend green building classes offered by others c) Conduct a green building awards fJl vw a 1 1 Credit 7: CommunitY if' I. a Publicity and case studies for green buildings 1 1 Total Credits - Building and Development 39 8.5 28.5 2 0 D - Economic Develo ment and Tourism Total Points Achieved Planned Not planned Not applicable Credit 1. a) Team with tourism department on eco-tourism campaign 1 b Track amount of tourism that takes part in eco-related activities 1 re a Achieve Florida Main Street Designation 1 Credit 3: Local business incentives a Incentives for location of green businesses within the City 1 b Offer special promotion for local eco-hotels 1 Credit 4: a Incentives for green development 2 2 Credit 5: a Develop a historic preservation ordinance 1 1 b Develop funding mechanism to aid with historic preservation 1 1 Total Credits - Economic Development and Tourism 9 0 5 4 0 S:\Green Task Force\FGBC - Local Government\Florida Green Local Gov Master.xls May 23, 2008 Page 2 of 8 E . Emeraencv Manaaement/Public Safetv 1 Total Points Achieved Planned Not planned Not appilcable ! ICredit 1: Reduce greenhouse aas emissions ,,"', "'" , a) Use of AFV and lor bicycle patrol for urban/neighborhood areas 1 1 I b) Use renewable energy as backup/emergency power 1 1 I Credit 2: Reduce solid and hazardous waste " ", "'iiii,', ,..';) a) Maintain green fleets 3 1 2 b) Firing ranges utilize non-lead bullets or trap and collect fragments 1 1 I c) Minimize photo-processinq waste 1 1 Credit 3: Conservevvater ""'i'",";,,. i,i.'. I ) Fire departments review training operations and conserve water where i a appropriate 1 1 Credit 4: Enhancedurabilltvof built environment ..ii'!i ,"<'i. 'Ii",' .. 1 a) Incentives for disaster mitigation 1 1 Credit 5: Communitv education .i..i...'.;:;..... . ...i.ii........... I ) Offer mitigation audits to homes, businesses, and local government a buildings 1 1 b Create an education campaign for mitigation (shelters point out features 1_1 ) with signs, etc.) 1 I Credit 6: Staff trainina " i. ' ,.;:;'" :....::2 I a) Police trained in crime prevention through environmental design 1 1 -I b) Public safety staff attends training on healthy street design 1 1 Total Credits - Emergency Management/Public Safety 13 7 2 4 0 F - Ener Utilit Credit 1: Reduce ener efficienc a Offer green power b) Certify renewable electric products under Center for Resource Solutions c Voluntary funding of green power through customer billing 1 i d Become an Energy Star ally 11 Credit 2: Reduce a Actively promote fly ash/blast furnace slag source -- 1 b Utilize recycled billing envelopes 1 1 c Enable customer service to make online bill payments 1 1 i ! Credit 3: Incentives toreduceener use 5 ] a Offer distributed generation incentives 1 i 1 ! b Offer energy audits 1 i 11 c Commercial building incentives 1 I 1 d Residential building incentives 1 , I e Rate structures based on consumption 1 , Credit 4: Communi .-+- i a Informative billing 1 I 1 i 1 b Take part in any speaker's bureau or sponsor workshops 1 1, c Emissions info posted on website 1 1 d Enable customers to track and analyze their usage via the internet 1 1 Credit 5: Staff education a Send appropriate staff for training related to distributed generation 1 11 b Send appropriate staff for energy audit training 1 1 Total Credits - Energy Utility 18 0 0 0 181 G - Housina and Human Services Total Points AchIeved Planned Not planned Not appllcaOle Credit 1: Provide areen,affordablehoOsiIlQtotha.coI1lI1lLJllitv';'i;:;."';:;" ., a) Construct/renovate green buildings 20 20 Credit 2: Increase the affordabililY UI - a) Affordable housing constructed by City and other parties mandated green 1 1 - b) Offer incentives for construction of green affordable housing 1 1 - c) Offer incentives for location efficient affordable 1 1 Credit 3: Improve "UI 'i' , a) Remodeling of affordable housing mandated green 1 1 Credit 4: CommunitvedOcation . . ',' 1 i S:\Green Task Force\FGBC - Local Government\Florida Green Local Gov Master.xls May 23, 2008 Page 3 of 8 offer orientation classes for residents of affordable housing or refer to a) existing courses 1 1 Credit 5: Staff education All applicable staff to complete equivalent of four hours of CEU approved a) course in green building on a bi-annual basis 1 1 Total Credits - Housing and uman ervlces 26 1 1 24 0 H . Human Resources Planned Not planned Not applicable Credit 1: Reduce reenhouse a Alternative commuting incentives for local 2 Credit 2: a Provide reusable bottle to all 1 Credit 3: Staff New employee orientation includes general local government commitment a) to environment 3 3 Conduct or refer to special training on one or more green local government b) program 3 3 Total Credits - Human Resources 9 0 9 0 0 I . Information Services Total Points Achieved Planned Not planned Not applicable Credit 1: ReducesC)lid~nl'l a) Operate local government computer and equipment reuse center 1 1 b) Recycling of end-of-life electronic equipment 1 1 Credit 2:Conserveener Enact local government policy whereby all computer/ancillary equipment is a) turned off when not in use 1 1 Enact policy whereby all computer/ancillary electronic equipment purchased b) has conservation features such as standby modes and double sided printing capability 1 1 Credit 3: CommunitY I" "",;,;'<"I"" ,,' ,,',I,i,'",I',.I"';,",,'. .,,,");.' ,',.,.'." ;i;; ,';;C" , ;\~N.I'2 a) Operate website dedicated to the green local government program 1 1 Develop environmental education content for City websites, TV programs b) etc. 1 1 Credit 4: Staff ,.,', ""...."..".".,i ....,' ',",,' ,,',,; .' "y;'l,,'; >'", <,;:,1 ) Conduct regular education on energy use/energy savings modes for in- a house computers and ancillary equipment 1 1 Total Credits - Information Services 7 5 2 0 0 J . Natural Resources Manaaement/Environmen~tion IT otal Points Achieved Planned Not planned Not applicable Credit 1: a Become a designated Waterfronts Florida Community 1 1 b Become an Audubon Sustainable Community 1 1 c Create an endangered lands conservation/purchasing program 1 1 d) Certify community under National Wildlife Federation Wildlife Habitat 1 1 program ) Develop and implement a plan for invasive species removal throughout e public lands in the City 1 1 Credit 2: EngageandlearnfromothersimilaJ" departments '." ... ".';" ,".' ., a) Become a member of FLERA 1 1 Credit 3: Minimize greenh.ousegas emissionsand,preserve,ail",qualitY";,.;..,,.. ;....,..,.,.........,,<b,4 a Offer local tax based or other AFV incentives 1 1 b Enact automobile emission regulations for vehicles registered in county 1 1 c Require vapor controls at all gas stations 1 1 d) Enact open burning regulations 1 1 Credit 4. a Coastal areas to enact sea turtle ordinance 1 1 b Enact a manatee protection plan 1 1 c Develop a boat facility siting plan 1 1 Credit 5: lli",t..r",:" ,',.r't."..,.,.; a Enact car wash standards 1 1 b Enact fountain/water feature standards 1 1 S:\Green Task Force\FGBC - Local Government\Florida Green Local Gov Master.xls May 23,2008 Page 4 of 8 Credit 6: Community education .-.e. ... .... .. e .. .... ,..".i', ......... '."ii"H,..."" I .i' .. I a Pertinent local GIS and other data on City website 1 1 b Air quality index on website 1 1 c Results from water quality testing on website 1 1 ! d Operate an environmental demonstration/learning center 1 1 Total Credits. Natural Resources Management/Environmental Protection 19 6 0 12 'I K . Parks and Recreation Total POints Achieved Planned Not planned Not appllcaOle ] Credit 1: Green public amenities ......... .... .........10 ! a) Maintain organic community gardens 1 1 -; ; : b) Minimize chlorine in community swimming pools 1 11 i c) Install appropriate bicycle security at all public amenities 1 1 I d) Public golf courses are Audubon certified 2 2 - ) Apply green landscaping and irrigation standards, proper waterfront e considerations, and integrated pest management to public amenities 1 1 f) Minimize heat island effecUstorm water runoff of recreational areas through ~ trees, highly reflective materials, or impervious surface 1 1 i q) Public beaches adhere to Blue Wave Campaign criteria 1 1 , h) Implement recycling stations for plastic, glass, and aluminum beverage I I containers at all recreational areas 1 1 . i) Implement energy efficient lighting and controls for outdoor stadiums, i courts, parks, and 1 1 Credit 2: Staff education .'.',L'i ., '.c.. .'.i." 'i:'..:. ) Each staff member trained in an area related to their function on a bi- a annual basis 1 1 Credit 3: Communitv- educatiol1 i..: .' /. .. '''.is:,,is:':, ii:iS' ,.,,,,.is.:.:::...1' 1 ) Place informative signs and/or brochures at green features of public ! a amenities that detail their benefits 1 1 I i Total Credits. Parks and Recreation 12 7 4 11 01 1 1 1 1 Total Credits. Planning and Zoning 14 3 8 M . Ports and Marinas Total Points Achieved Planned Not planned I Not applicable ! Credit 1: Preserve aauatic habitat ....... .... . 2 I ! a) Take part in Florida Clean Marina program 1 1 1 , b) Implement advanced stormwater controls and waterfront considerations 1 1 i Credit 2: Preserve aauatic habitat .... ... 1 I a) Offer low pollution engine incentives 1 1\ Credit 3: Boater education . . .....eL . ........is.1 S\Green Task Force\FGBC - Local Government\Florida Green Local Gov Master.xls May 23, 2008 Page 5 of 8 a Host boater education classes Total Credits - Ports and Marinas Prol ertv Aooraiser/Tax Collector Total Points Achieved Planned Not plannad Not applicable Credit 1: Monitor andlrackgreen bulldln a) Include green . _... ."'_ of home in database 2 2 Credit .... IUr- ~ a) Tax incentives for certified green properties 2 Tax incentives for lands qualifying as historic, high water recharge, b) greenbelt, etc. 2 2 Credit 3: Indust y . .," i" ~ a) Green education to local lending/real estate industry 1 1 Total Credits - Property Appraiser/Tax Collector 7 0 0 0 7 o . Public Transoortation Total Points Achieved Planned Not planned Not applicable Credit 1: ReduceHltn:,.. a Utilize alternative fuels for fleet 2 2 b Institute a bicycle commuter assistance program 1 1 c Make amends for vehicles to accommodate bicycles 1 1 d Engage in carpool/vanpool assistance 1 1 Credit 2: Monitor and tracRgr~enbuilding'prQgre55.""("""(\/ ",.ii,,,:-:'i;: ',",c.'"",,"'" I Analyze public transportation route system to determine connectivity to a) bicycle and pedestrian network 1 1 Credit 3: Reduce solid 'i{"".,.'i!"'f" a) Operate a green fleet 1 1 Credit 4: Community '.' """",,""""/:'.' ,':",: a) Provide public transportation route searching via the internet 1 1 b) Provide information about alternative commuting on website 1 1 Total Credits - Public Transportation 9 2 1 6 0 Public Works and Enoin..rina .lmlll.I._l'jijr~. Planned N 01 planned Not applicable >,'> , .". Credit 1: a) Develop a construction project waste managemenUrecycling plan 3 3 b) Operate a local government material/chemical reuse/redistribution center 1 1 c) Operate a community tool lending library 1 1 d) Maintain a green fleet program for department or entire local government 4 2 2 e) Utilize integrated pest management 1 1 Credit 2: Minimize greenhouse gas emissions "'i.'{. ., ""i." {"', ... a) Operate local government alternative fueling station 1 1 b) Earn waste reduction credit through the production of clean-burning fuels 1 1 Credit 3: Minimize local " "':"'[[1::', a Use LED traffic lights 1 1 b Utilize solar or other energy efficient streetlights 1 1 c Operate a Rebuild America program for the local government ~ 1 Credit 4: .,Enhancestormwafer{contrcmand:1water1con'servation'~I~~~i;\llrlli,'r~li1~~i:l{it&!il~"I:l' a) Street sweeping 1 1 b) Routine maintenance plan for maintenance of storm sewers 1 1 c) Employ green landscaping procedures for local government facilities 1 1 Credit 5: .,.",'!."i'::J<.".,.","" , "'"'''' ..... ..... a) Become a tree City USA 1 1 Credit 6: ,., ". /i ,{"J",;:,/},:."f, ".' ','::"" ,1 ) Develop a reward/incentive program for employee environmental innovation a in public works 1 1 Credit 7: Staff education:' c",."" a) Offer green fleet management training to all applicable departments 1 1 a Train and certify select staff as certified arborists 1 1 Credit 8: Community a) Community stormwater education campaign 1 1 S:\Green Task Force\FGBC - Local Government\Florida Green Local Gov Master.xls May 23, 2008 Page 6 of 8 Total Credits - Public Works and Engineeringl 23~ 151 01 Q . School Board Total POints AchIeved Planned Not planned "Jot applicable : Credit 1: Reduce greenhouse aas 2 a) Utilize alternative fuel for school buses 2 Credit 2: Preserve/enhance habitat ..' .... ..' ..."....... ,.' i..... a) School grounds certified by environmental program 5 c;, v, Credit 3: Reduce solid waste ....... ....i...... .... ; '. a) School system utilizes a pollution prevention/EPP program 1 1 b) School equipment reuse program/swap shop 1 1 c) Operate and maintain a green fleet program 1 1 ! , I Credit 4: ..., .....i'.. a) Green operation and maintenance of buildings 1 1 i b) Construct/renovate green schools 10 I ! 10' Credit 5: Green buildindbecornesofficialp6licy,j' "":".",, '" .,'" "'4 I 1 a) Mandates for green buildings/green cleaning and maintenance 4 41 Credit 6: Student '.'",", ... ".....,...,. ' ",',.'T' "." 5i a) Involve students in green projects within the school 2 2 b) Involve students in green projects outside the school 2 2 Credit 7: Staff education ....,. ,:.."... ,,":. '2 , a) Incentives for environmental training of teachers over the summer 2 "i 2i Total Credits - School Board 31 0 0 0 31 R - Solid Waste Total Points Achieved Planned Not planned Not appiicable I Credit 1: Reduce local M...,..VIIIIIIVIIL ..' '.... /.... a) Become a partner in the EPA waste wise program 1 1 b City wide chemical/hazardous waste collection 1 1 c) Operate public reuse store/swap shop 1 1 d) C&D separation for recycling at landfill (wood pallets, metals, cardboard, 1 1 i carpet padding, bic , cement, etc.) e Offer recycled paint back to community 1 1 , f Landfill gas recovery 1 I q Develop a disaster waste management plan 1 1 Credit 2: Monitor and trackareenbuildina ."",., " ..'y; ",,' .,i, ..i. 2 , i a) Curbside recycling for homes and businesses 1 1 b) Monitor types and amounts of material entering landfill 1 I 1 Credit 3: Preserve/Enhance habitat ..,i....';.i ,..,'."'.:..,,.......,.....,.' , a) Closed landfill management 1 1 j- Credit 4: Local businessincentives/re ",,'\ ...... ". I Incentives for local businesses who utilize EPP or other solid waste a) reduction strategy 1 1 Mandatory recycling of typical recyclables and C&D debris for homes and b) businesses. 1 l' Credit 5: Minimize solid waste aenel'ation ..,',"'; i""'. ,'1., .~ a) Volume based on special rates for solid waste collection 1 1 , b) Offer mulched yard waste to community 1 i 1 Credit 6: Community education ... .,.,.... .... .........,.,.., ..','.' ...0"CG'2 i ! a) Teach EPP/recycling to local businesses 1 1 .. b) Develop education program for solid waste management 1 1 Credit 7: Staff education ,I'" ......, 1 a) Conduct a customer waste survey 1 1 Total Credits - Solid Waste 17 5 0 9 31 Planned 21 2 ~ 1 1 . l- S:\Green Task Force\FGBC - Local Government\Florida Green Local Gov Master.xls May 23. 2008 Page 7 of 8 a Use recycled bill envelopes 1 1 Credit 4: Reduce water use .. '.. .::,::,:,':..:.'. '.'.:,4 a utilize rate structures based on consumption 1 1 b Low flow fixture rebates 1 1 c Enforce watering restrictions during meter reads 1 1 d) Require metering of shallow aquifer removal and sub-metering of multi- 1 1 family housing Credit 5: Communi" ...... :J'.:., .y-.,., ....,,,.'1'.., a) Utilize informative billing 1 1 b) Distribute printed material or create internet content detailing water 1 1 wastewater source, quality, treatment process ) Create an education campaign for water use reduction (xeriscape, c rainwater, etc.) 1 1 d Maintain an on-call water quality program 1 1 e Become part of groundwater guardian program 1 1 f Offer home and business audits 1 1 q Enable customers to track and analyze their usage via the internet 1 1 Total Credits - Water and Wastewater 18 8 0 10 0 S:\Green Task Force\FGBC - Local Government\Florida Green Local Gov Master.xls May 23,2008 Page 8 of 8 EXHIBIT "D" Boynton Green Practices Prepared by the City of Boynton Beach Green Task Force, utilizing the U S Mayor's Council categories for Best Practices: Municipal Buildinas. Facilities & Operations: . Balcony & roof overhang around Intracoastal Park Clubhouse to reduce passive solar heating of interior rooms . Waterless urinals in Utilities Administration & Library . Infrared toilet and sink sensors at Intracoastal Park Clubhouse, infrared sink sensors the Art & Activity Center, and the recently awarded Dept. of Elder Affairs grant will provide infrared toilet and urinal sensors at the Senior Center. . Infrared soap and recycled paper towel dispensers in all City facilities . Recycled toilet paper in all facilities . Adopt-a-street program . Invasive tree species removal program . Integrated pest management vendor . Street sweeping . Converted medians to low volume and changed plant materials, removing turf . Changed all watering levels on irrigation systems to meet SFWM mandate . All new Recreation facilities RFQ's for consultants have a rating factor for "green building" certified and experienced . Irritation from ponds and canals whenever available as an alternative to potable water use . The CRA office uses low flush toilets. . Utilities recycles fluorescent light bulb, and other mercury-containing devices . Cardboard recycling . Utilities' acid/basic waste is neutralized before disposal . Utilities utilizes lab packing and proper disposal of all expired/unused laboratory chemicals . Utilities' chloride process waste is collected and disposed properly by waste hauler . Utilities recycles used petroleum products and waste oil City of Boymon Beach Greer Task Force.- Boynton C::ireen Practices Paqei'~); S'\Green Task F'JrCE::\Stafi Reports\Boynton Creen Practices ~.<1:\,200b rjrx: Municipal Buildinas, Facilities & Operations (continued): . Utilities recycles lead washers from chlorine cylinders with used ammunition from Pistol Range . Utilities recycles the brass-body of water meters . Utilities optimizes energy efficiency of pumps and motors, including the use of variable frequency drives . Utilities provides reclaimed water/reuse water to golf courses for irrigation and is extending reclaimed water service to the eastern part of the City . Utilities Administration building has reflective solar window film . Parks is constructing a public restroom facility in which the individual restroom units are also under a secondary roof which creates a cooler main roof and assists with natural ventilation . Parks has reclaimed a wetland . Parks play equipment uses recycled plastic parts . Parks is implementing recycling for the public in city parks . Facilities Management recycles fluorescent light bulbs and other mercury- containing devices . The Links is a Certified Audubon Cooperative Sanctuary. . The Links has replaced their chemical storage shed with a state-of-the-art steel chemical storage unit with secondary containment and security . The Links has provided a buffer area for all water features to mitigate possible runoff of fertilizers and chemicals, and to provide cover and food sources to increase biodiversity . The Links conducts regular water testing to assure that maintenance activities are not adversely affecting water quality . The Links has replaced the irrigation pump station with a 225hp computer controlled pump station that assures proper distribution of water . The Links will be replacing their irrigation control system this summer with a computerized state-of-the-art control system . Sprinkler heads at the links are routinely inspected and replaced to assure that water is not wasted irrigating offsite areas . All irrigation systems at the Links have rain switches to shut off irrigation when not needed City of Boynton Beach Green Task Force - Boynton Green Practices Page 2 of 7 S:\Green Task Force\Staff Reports\Boynton Green Practices 5-23-2008.doc Air Qualitv: . Community Gardens . Adopt-A Tree Annual Program . Arbor Day Annual Celebration . Removed berm at Pistol Range and replaced all plants with native plants for lower maintenance and water consumption . Fire Station IV - Installed low volume irrigation system . Fire Station V - proposed low volume irrigation and changed turf from St. Augustine to Bahia to lower maintenance and water requirements . Using "gator bags" - self-watering devices for newly planted trees . Using low VOC (Volatile Organic Compound) cleaning solutions . Jaycee Park - all native vegetation . Flex work schedules reduce traffic congestion which translates into reduced emissions, and because some of the flexible schedules require fewer days of work per week, the number of trips is reduced . Biannual native plant give-away through the Sand Sifters Clean Up program . Boynton's Police Department utilizes bicycle patrols in the CRA area Climate Chanae: . The CRA's trolley system provides free transportation throughout the district. The Trolley runs seven days a week, Monday-Friday 7am-7:30pm and on Saturday & Sunday from 9:15am-5:45pm. . Shopper Hopper Program reduces the number of vehicles on the road . Residential & Commercial Recycling programs - curbside pickup City wide . Recycling of Construction and demolition material . Greenways program . Staff is compiling data for ICLlE Greenhouse Gas Emissions Inventory to establish baseline inventory to provide recommendations for carbon emission reduction levels. . Boynton Beach has been a Tree City USA for 22 years . Blue Wave Campaign at Oceanfront Park beach . Reduced out-of-state conference attendance through use of web conferencing and on-line training City of Boynton Beach Green Task Force - Boynton Greer: Pr-actlces Page 3 C)1 S.IGreen Task F ::JrceIStaff Reports IBoynton Green hac: :ce" Climate Chanae (continued): . The CRA is working toward securing the Marine Industries Association of Florida "Clean Marina" designation when renovations are completed to the Boynton Harbor Marina. . The public leaves their automobiles in the driveway when they access approximately 5,000 files/documents per month via LaserFiche WebLink. These documents reside in City Clerk, Development, and Finance repositories. No need to travel to City Hall to pick up paper copies or do research. Enerav Sources: . Pool pump at Wilson Center - Geothermal power . Computerized lighting of Athletic fields at both Wilson and Little League Parks . Departmental policies for energy consumption reductions by turning off lights in unoccupied rooms; disconnecting trickle chargers when not in use; turning off all PC equipment and peripherals. . Facility thermostats and HVAC systems set to fixed temperatures on programmable timers . City Warehouse delivering 3 times a week instead of 5 times a week by combining orders in similar locations to save fuel . Utilities facilities use motion sensors on lighting fixtures in low use rooms . Replacing T -12 Florescent bulbs with T8 in remodeled section of Library . HV AC Energy Management System with remote facility capability from Facilities Management to City Hall Fuels. Vehicles & Transit: . Use Ultra Low Sulfur Diesel Products . Flex Fuel vehicles that can run on E-85 and Propane . Recycle oil and antifreeze . Parks - one alternative fuel vehicle . Public Works no idle policy . Carpooling between City facilities whenever possible . Enhanced bicycle security at parks and recreation facilities . Recreation provides a van pool program for group travel . The Links at Boynton Beach has replaced underground fuel storage tanks with above ground tanks with armored secondary containment. City of Boynton Beach Green Task Force - Boynton Green Practices Page 4 of 7 S:\Green Task Force\Staff Reports\Boynton Green Practices 5-23-2008 doc Housina: . Expedited green permits - the Building division has issued two solar panel installations, one commercial and one residential in under six days. . The CRA provides down payment assistance to very low, low and moderate income first time homebuyers. This initiative meets the FGBC requirement for placing location efficient affordable housing. . The CRA donates vacant lots to Habitat for Humanity who in turn provides houses to the very low income at a greatly reduced cost because of the land donation. These homes incorporate upgraded features, including reflective metal roofs, R30 insulation, and ceramic tile throughout. . The CRA (with Board approval) will work with the City of Boynton Beach to formulate financial incentives for developers of office buildings, commercial development and affordable/workforce housing projects within the CRA district who reach various levels of LEED certification. . Planning staff has amended portions, and continues to amend the balance of the City's Land Development Regulations to incorporate sustainable, green development practices . Proposed ordinance to include green development and building standards in both the Land Development Regulations and the Boynton Beach Amendments to the Florida Building Code . On going in house staff training sessions on green development and sustainable building principles and practices . Participation in local and national conferences and workshops on green building . Active members of the US Green Building Council; Palm Beach County USGBC; and Florida Green Building Coalition . Public education displays in City Hall and West Wing on green building . Website pages devoted to green building, with links to green resources, grants and incentive programs . Planning division promoting green practices via smart growth practices . Building division distributes International Code Council "Building Green - Living Better" literature in West Wing lobby, during Building Safety week and the Hurricane Expo at the Boynton Mall City of Boynton Beach Green Task Force - Boynton Green Practices Page 5 0' S,Green TaSK Force\Staff Reports\Boynton Green Practices 5-2:-:-2008 coc Other: . Both City and CRA offices have paper recycling programs . Both City and CRA offices have plastic and can recycling program . Both City and CRA offices produce two-sided copies and have paper reuse initiatives . Both City and CRA use electronic document transmittal/receipt, including fully automated FAX, e-mail and alternative media, reducing paper waste. . Recycled materials used for Recreation art projects . Recycling of computer equipment and toners . Purchasing of green products utilizing higher quantities of recycled materials; low or no vac cleaning products . Grants Team has eliminated the need for duplicate hard copies of grant applications and award documents by using eCivis Grants Network software, saving on average 250 sheets of paper per grant. Since we have begun using this process we have been awarded 52 grants, saving - 13,000 sheets of paper and ink. Note: departments are currently working on another 26 applications (potentially an additional 6,500 sheets). . The Grants Team has also significantly reduced travel to the city by the grant auditor, by having team members scan original documents into Grants Network which can be accessed via the Internet with a password. The grant audit can be substantially completed at the auditor's office without travel to the City . The CRA sends electronic agenda packets to staff in lieu of printed packets. . Earth 60, Earth Day, Arbor Day, Green Every Day public displays including distribution of free compact fluorescent bulbs, battery-free LED flashlights, tree seedlings, native plants, water conservation, conservation literature/playing cards, kits, etc. to increase public awareness and education of green programs . Utilities distributes free indoor water conservation kits . Utilities sponsors WaterWise student education program . Utilities distributes an annual Water Quality Report to educate our customers on the City's water conservation goals and green initiative and how they can participate at home . Utilities participates in Customer Service Week to educate the public on the City's water conservation programs City of Boynton Beach Green Task Force - Boynton Green Practices Page 6 of 7 S:\Green Task Force\Staff Reports\Boynton Green Practices 5-23-2008 doc Other (continued): . Utilities and Parks Department are developing a conservation garden to demonstrate green landscaping techniques, such as drip irrigation, xeriscaping, and use of native plants . Reduce, reuse, recycle programs for both public and City employees, including central recycling collection of used Compact Fluorescent bulbs . Removal of exotic and invasive species from public areas . The CRA office currently uses 5 gallon containers for drinking water and not small plastic bottles. . The CRA office uses ceramic coffee mugs instead of Styrofoam cups. . The CRA office uses energy efficient light bulbs. . City employees are encouraged to drink tap water over bottled water . Library and Utilities Customer Service departments will soon be deploying Tele-Works to broadcast friendly reminders to overdue account holders/customers. This semi-automated, paperless, postage-less method will help expedite the collection of receivables. . Parks is constructing a bioswale which will allow water to percolate back into the soil rather than become run off . The Links has implemented, and Parks will be Implementing, an integrated pest management program which will allow for the use of more environmentally safe pesticides and fertilizers . The Links has photographed and/or documented 50 different species of birds, fish, reptiles, mammals and insects that call it home . The Links has provided training to staff, along with postings and notices for customers and the public, regarding wildlife conservation and environmental stewardship. City of Boynton Beach Green Task Force - Boynton Green Practices Page 7 S:\Green Task Force\Staff Reoorrs\Bovnlon Green PracT:ces S-2::<?CJOEJ doc The Citl} 01 BoljDt011 Beach. OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Rodda 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: lejeunec@o',boynton-beacn.n.us www.boynton-beach.org To: Mayor Taylor Vice Mayor Rodriguez Commissioner Weifand Commissioner Hay Commissioner Ross Date: March 24, 2008 From: Carisse LeJeune, Assistant to the City Manager Re: City of Boynton Beach Green Task Force Status Report Update Cc: Kurt Bressner, City Manager Jim Cherat, City Attorney Janet Prainito, City Clerk Please find attached to this memorandum, an update on the progress of the Green Task Force. There will be an agenda item appearing on the April 1, 2008 City Commiss;on Agenda requesting that the City Commission delegate a member of the Commission for membership in ICLEI (International Council ot Local Environmentallnitiatlves) - Local Governments for Sustainability. An elected official member is required in order for the city to join this organization. Membership in lCLEI is important for the Green Task Force to implement their working action plan, as outlined in the Status Report. Also attached to this memorandum are the agenda and meeting summaries from the Green Task Force meetings. Please let me know if you have any questions. City of Boynton Beach Green Task Force Status Report March 24, 2008 At the February 19, 2008 City Commission meeting, the City Commission created a Green Task Force by approving Resolution 08-025. The current members of the task force are: Nancy Byrne, Assistant Director of Development Mike Dauta, Warehouse Manager Carisse LeJeune, Assistant to the City Manager Debbie Majors, Grants Coordinator Jody Rivers, Parks Superintendent Christine Roberts, Assistant Director of Public Works Christopher Roschek, Engineering Manager/Utilities Mike Simon, eRA Development Manager As of the date of this report, the Green Task Force has met on March 4, 2008 and March 18, 2008. Agendas and meeting summaries were prepared for both meetings and are attached to this report. Our Vision is to recognize the importance of environmental Stewardship and demonstrate the Integrity to take ownership of environmentat issues ;n our community. We will create partnerships within our Diverse community to promote environmental sustainabiiity and Creatively adapt to the changing environment. Our Mission is to develop a long-term environmental improvement plan and policy and to provide an assessment of our current environmenta\ Situation by: . Researching successful programs implemented by other communities and provide recommendations for ways to improve the environmental sustainabHity of City programs, services, equipment and facilities. . Propose means to enhance water and energy conservation. . Develop incentives for residents, businesses, developers and organizations to practice environmental conservation and sustainable building. . Incorporate green building standards into the City's Land Development Regulations. . Create incentives for sustainable affordable housing deve~opments, The task force members reviewed research including best practices and strategies from counties and municipalities throughout the United States, standards and procedures from industry recognized organizations, and have. participated ;n local and national workshops, conference calis and webinars. Based on this information and the mission of the task force, we have created a working action plan: 1. Create a benchmark of the City's best practices for environmental conservation and sustain ability through an assessment and inventory process. The task force has chosen the Florida Green Building Coalition Standards for Green Local Governments to conduct an inventory of best management practices and to identify those areas that need improvement. The FGBC is endorsed by the Florida League of Cities for establishing a voluntary, statewide standard for green local government designation. Departments city-wide have already begun auditing their services, functions, equipment, facilities and administrative practices. 2. Conduct a baseline emissions inventory and forecast. We must first calculate greenhouse gas emissions for a base year (e.g., 2000) and for a forecast year (e.g., 2015). The calculations capture emissions levels from all municipal operations (e.g., city owned and/or operated buildings, streetlights, transit systems, wastewater treatment facilities) and from aU community-related activitles (e.g., residential and commercial buildings, motor vehicles, waste streams, industry). This inventory and forecast provides a benchmark for planning and monitoring progress. In order to accomplish this task, the members researched various best practices and software, and unanimously chose the Clean Air Climate Protection (CACP) Software provided to members of ICLEI (International Council of Local Environmental 'nitiatives}-Local Governments for Sustainability. CACP IS an important tool that helps local governments create greenhouse gas inventories, quantify the benefits of reduction measures and formulate local climate action plans. The software will enable us to develop harmonized strategies to reduce both greenhouse gas and air pollution em;ssions. It is a one-stop emissions management tool that computes emissions numbers as well as co- benefits related to cost savings and criteria air pollution prevention. \CLEI provides forms for collecting data as well as regular online trainings and on-call technicat support to ICLEI members and members of our partner organizations. Information regarding this software, and city membership, will be coming before the Commission at the April 1 , 2008 Commission meeting. 3. Adopt an emissions reduction target for the forecast year. The task force will create a straight line analysis of the different standards for the reduction of Greenhouse Gas Emissions (GHG), and based on that analysis the Commission can determine a target percentage for reducing GHG emissions. The City Commission would then pass a resolution establishing an emission reduction target for the city. The target is essential. It both fosters political will and creates a framework that guides the planning and implementation of initiatlves. 2 4. Develop a Local Environmental Sustainability Action Plan. The City of Boynton Beach would then develop a local action plan, ideally with robust public input from all stakeholders, by incorporating a citizen advisory panel and/or expanding the Green Task Force to include businesses, dttzens and environmental expert's partidpation. The plan will detail the policies and measures that the city will take to reduce greenhouse gas emissions, achieve its emissions reduction target, and implement other conservation and sustainability initiatlves as stated in Resolution 08-025. The action plan should include a timeline, a description of financing mechanisms, and an assignment of responsibility to city departments and staff, citizen groups, and civic and business organizations. The plan will also incorporate public awareness and education efforts. 5. Implement poUcies and measures. The city then implements the policies and measures contained in our Local Environmental Sustainability Action Plan. Typical policies and measures include, but are not limited to, energy efficiency improvements to municipal buildings and water treatment facilities, streetlight retrofits, public transit improvements, installation of renewable power applications, methane recovery from waste management, sustainable affordable housing initiatives, and incentives for residents, businesses, developers and organizations to practice environmental conservation and sustainable building. 6. Monitor and verify results Monitoring and verifying progress on the implementation of measures is an ongoing process. Monitoring begins once measures are implemented and continues for the life of the measures, providing important feedback that can be used to improve the measures over time. (lCLEJ's software provides a uniform methodology for cities to report on measures). 7. 'ncrease citizen awareness of sustainable environmentai and construction practices through pubUc education programs. Education is deemed to be a huge component to obtaining our objectives, and task force members have been pro-actively taking advantage of local and national environmental events. City departments and staff have been advertising within their departments "Earth Hour" to be held on March 29th, when everyone around the globe is being asked to turn off their lights between 8-9 p.m. This information has also been posted on the BBTV, city website and Message On Hold. Also, the Recreatlon & Parks Department is partnering with the Sand Sifters Earth Day Beach Clean-up at Oceanfront Park on April 5th. And city departments have committed to participating in Earth Day on April 22nd by setting up environmental displays in the City Hall Lobby. Also, another initiative that is in the development stage is a City Green Calendar to be posted on the city website to inform the publiC of green events in the city and cou nty. <" .) - .. 8. Actively track legislation and seek funding opportunities for green initiatives. It is imperative that we track pending legislation related to environmental and climate protection issues, not only to secure funding through grants. state and federallegislaUve allocations for projects within the plan, but also to be prepared to address unfunded mandates that would be pushed down to the local government level. Besides actively tracking legislation and funding opportunities, it is important for the city to participate in activities that educate and give voice to the local governments (Le. joining national advocacy organizations and attending workshops and seminars on alternative funding and grants.) As the city departments conduct their inventories, the Green Task Force will continue to diligently work on the action plan. We can already see "green" enthusiasm spreading throughout the City as we gear up for Earth Day. . 4 I I l RESOLUTION NO. R 08 - ~S- i I 2 I I 3 A RESOLUTION OF THE CITY COMMISSION OF THE I J CITY OF BOYNTON BEACH, FLORIDA, i 4 i 5 ESTABLISHING A GREEN TASK FORCE TO OVERSEE I TIlE PROCESS OF IMPROVING AND SUSTAINING I 6 ! 7 THE ENVIRONMENTAL NEEDS; AND PROVIDING AN ! 8 EFFECTIVE DATE. I I 9 , I 10 I II WHEREAS~ the City Commission of Boynton Beach is increasingly concerned with I 12 environmental issues in our community, recognizing the importance of environmental I 13 stewardship regarding energy, water, air, land, waste and sustainable construction; and I I 14 WHEREAS, the Commission understand the effects of the vast amounts of I 15 resources and energy consumed by our community; and 16 WHEREAS, the Commission believes that OUf C{}mmun~ty should take greater strides \7 oward acting in an environmentally responsible manner; and 18 WHEREAS, There needs to be an increase in citizen awareness of sustainable 19 nvirorunental and construction practices; and 20 "WHEREAS, other communities across the country have established that 21 nvironmentally sound practices will save money, energy and resources over time~ and 22 WHEREAS, environmentai improvement is a critical ,and timely issue that should 23 oster cooperation between the City and the community; and 24 WHEREAS~ the Commission's goal is to involve City employees and citizens in 25 reating policies and programs that will promote environmental sustainability on all areas of 26 his community; and I 27 WHEREAS, Communication with all appropriate Environmental, Staff and Citizen 28 TOUpS is necessary and vital for stimulating green awareness, and - I - -.--. ---- - --.-- I WHEREAS, those groups are eager to work together with the City Commission to 2 make changes possible; therefore, be it; 3 NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section l. The foregoing "WHEREAS11 clauses are true and correct and hereby 6 ratified and confirmed by tbe City Commission. 7 Section 2. A Task Force be created to focus on the areas of Public Education; 8 Water Conservation; Waste Reduction/Recycling; Sustainable Construction; This Task Force 9 will consist of seven (7) City Staff; (City Manager; Development; Utilities; P1Jblic Works; 10 Parks; Finance; Grants) and one (1) eRA Staff, to be named the Green Task Force, to oversee II the process of improving and sustaining the envtronmental needs of Boynton Beach. 12 The duties of the Green Task force \'\oil! be to provide recommendations to the City 13 Commission regarding: 14 Development of a long-term environmental improvement plan and policy Provide an IS assessment of our current environmental situation 16 ] . Research successful programs implemented by other communities and provide 17 recommendations for ways to improve the environmental sustainabmty of City 18 programs, service, equipment and facilities. !9 2. Proposed means to enhance Vo'ater and energy conservation 20 3. Incentives for residents, businesses, developers and organizations to practice 21 environmental conservation and sustainable building. 22 4. Incorporation of green building standards into the City's Land Development 23 Regulations. 24 5. [ncentives for sustainable affordable housing developments 25 Section 3. The Green Task Force shall conduct their review and provide a report 26 f recommendations to the City Commission and shaH sunset six (6) months from the date of 27 he initial organizational meeting of the Task Force unless extended by the City Commission. .2. 1 The Task Force shaH consider the cost to implement their ideas as the recommendations are 2 fonnulated. 3 Section 4. That this Resolution will become effective immediately upon passage. 4 PASSED AND ADOPTED this A day of February~2008. 5 I 6 7 8 I 9 10 I 1\ I 12 13 I 14 15 CommiS&ioner - Ronald l6 .' ,. /,/ i - . \ .,' 17 /0/P-/~r I 18 ~~,r,er rOWL .y, 19 20 . " /' (/':"-z,.. -z..- / ~~.~ 2J "Commissioner - Marlene Ross 22 ATTEST: 23 24 ~ 25 . 26 an M. Prainito, CMC 27 Y Clerk 28 29 30 3l 32 33 .., ' - 3 - --- - . AGENDA City of Boynton Beach Green Task Force March 4, 2008 @ 10:00 a.m. Finance Conf. Room I. Welcome and Distribution of Materials ll. Review of Resolution III. Discussion of Vision and Mission IV. Draft a plan of action outline V. Establish a meeting schedule Meeting Summary of the City of Boynton Beach Green Task Force MeeUng held in the Finance Department Conference Room, City Hall, Boynton Beach, F'orida on March 4, 2007 @ 10:00 a.m. Present: Nancy Byrne, Asst. Dir. Development Debbie Majors. Grants Administrator Jody Rivers, Parks Superintendant Mike Dauta, Warehouse Manager Chris Roschek, Engineering Mgr/Utilities Christine Roberts, Asst. Dir. Public Works Carisse Lejeune, Asst. to the City Mgr. Absent: Mike Simon, eRA (unavoidable scheduling conflict) I. Welcome and Distribution of Materials Carisse Lejeune opened the meeting by welcoming everyone and thanking them for their participation. Several documents were d;stributed to the members: . Copy of City of Boynton Beach Green Task Force Resolution No. 08-025 . Copy of the U.S. Mayors Climate Protection Agreement . Copy of the City of Lake Worth Resolution No. 34-2007 (US Cont of Mayors) . Summary of the Kyoto Protocol . FL Green Building Coalition Standards for Green Local Government . Climate Protection Strategies and Best Practices Guide (2007 Mayors Climate Protection Summit Edition) . Energy and Environment Best Practices Guide (2007 US Cont. of Mayors) . Proposed Green Task Force Mission Statement . Green Task Force Recommendations (draft template) II. Review of Resolution eBB Resolution No. 08-025 was reviewed and the duties of the Green Task force, as listed on page 2 of the resolutlon, were discussed. While formulating an action plan, all elements of the resolution need to be included. It is the intent of the Task Force to have recommendaUons to the City Commission coincide with the CBS budget process for the FY 2008/2009. The first order of the action plan should be to provide an assessment of the city's current environmental situatijon. -- III. Discussion of V;sion and Mission Nancy Byrne distributed an example of a Green Task Force Mission Statement and all members were asked to bring back to the next meeting proposed Vision and Mission Statements to be considered for the CBB Green Task Force. It is important to have both of these in place in order to inform and educate regarding the purpose of the Task Force, and to keep the process on tract with the intent of the resolution. IV. Draft a plan of actlon outline Several different standards and best practices were discussed including the Flor[da Green Building Coalition Designation Standard for CiUes and Counties, the U.S. Conference of Mayors Best Practices Guide, Florida Governor Charlie Crist's Leadership by Example: Immediate Actions to Reduce Greenhouse Gas Emissions from Florida State Government and the City of St. Petersburg, FL I n establishing a plan of action. it was agreed upon that the first order of business is to create a benchmark of the CBB's best practices for environmental conservation and sustainability through an assessment and inventory process. Members will review the FLGBC Designation Standard for Cities and Countles to begin the audit process. Nancy and Carisse will begin researching for available best practices andlor software to measure carbon footprints. Another important element of the action plan is to create a straight line analysis of the different standards for the reductIon of Greenhouse Gas Emissions (GHG). Based on that analysis, a recommendation for a target percentage for reducing GHG emissions can be made to the Commission. For example, the U.S. Mayors Climate Protection Agreement calls for reducIng global warming pollution levels to 7% below 1990 levels by 2012. Governor Crist in Executive Order 07-126 celts for a 10% reduction by 2012. The GHG reduction percentage will weigh heavily in determining which initiatives the CBB will implement. Once CBB's best practices and carbon footprints l1ave been established, the Task Force will begin to identify those areas that need improvement to meet standards. Implementatton recommendations for those improvements wlll be brought to the Commission for policy decision. Other elements discussed as part of the proposed action plan were education initiatives, cost analysis for identified implementation recommendations and identify potential funding sources to offset increased costs, such as available grant opportunities. rebates, free market driven competitor donations, etc. Team members will collectively track pending and existing legislation for "green" initiatives and unfunded mandates. Members then spent some time brainstorming potenUal recommendations including recycled office supplies, electronic documents, waterless urlnais, hybrid fleet vehicles and the expans~on of grey water reuse. v. Establish a meeting schedule It was decided that until further notice, meetings of the Green Task Force will be held every two weeks. The next meeting is scheduled for Tuesday, March 18th at 2:30 in the City Hall Conference Room B. - - --..--.-. . . AGENDA City of Boynton Beach Green Task Force March 11, 2008 @ 2:30 p.m. Conference Room B I. Open Meeti ng & Approvat of 3/04/08 Meeting Summary II. Vision/Mission Statement III. Jnformaf report from Chris RoscheklChris Roberts of Chamber Luncheon IV. Discussion of joining organizations lCLEI & Ctimate Communities (to include discussion of Carbon Footprint software) V. Update on departmental inventories (% complete) VI. Education Component VII. New Business Meeting Summary of the City of Boynton Beach Green Tast( Force Meeting held in the Conference Room B, City Hall, Boynton Beach, Florida on March 18,2007 @ 2:30 p.m. Present: Nancy Byrne, Asst. Dir. Development Debbie Majors, Grants Administrator Jody Rivers, Parks Superintendant Mike Simon, CRA Development Mgr. Chris Roschek, Engineering Mgr/Utilities Christine Roberts, Asst. Oir. Pub\ic Works Carisse LeJeune, Asst. to the City Mgr. Absent: Mike Dauta, Warehouse (unavoidable scheduling conflict) I. Open Meeting & Approval of 3104/08 Meeting Summary The meeting came to order and team members were asked if there were any revisions, deletions or corrections that needed to be made to the meeting summary of March 4,2008. Having none, everyone agreed to accept the minutes as presented. II. Vision/Mission Statement There was a brief discussion about the need for a vision and mission statement. The statements are important In order to keep the team on tract with the tasks and directives set forth by the City Commission resolution no. 08-025 which created the Green Task Force. Several members brought forth statements for consideration. It was decided that we would take these to review and come to consensus via e-mail correspondence so that we could go forward with the meeting agenda. 111. Discussion of joining organizations ICLEI & CUmate Communities {to include discussion of Carbon Footprint software} An e-mail with website links had previously been sent out to all team members to review two organizations that would be beneficial for the city to join. The first organization to be discussed was IClEI (International Council on Local Environmental ~nitfatives) -local Governments for SustalnabUity. Three team members had the opportunity to view a presentation by ICLEI at the CDM sponsored Cllmate Protection and Greenhouse Gas Reductlon for Local Governments workshop in West Palm Beach on February 21 ,2008. Other team members were also familiar w~th the organization. The benefits of becoming an --------.-- -- ---.--.-- ~.._. ICLEI member were discussed, with specific emphasis on the quantifiable analysis tools that would be available to us in order to conduct baseline emission inventories and emission forecasts. Also mentioned was ICLEf's local, national and international network that can be tapped into for case studies and best practices, and their local government representation at the United Nations Framework Convention on Climate Change and the United Nations Commission on Sustainable Development. Team members were very enthusiastic and it was agreed unanimously that the city should 'join. In order to join ICLEI and take advantage of their wealth of resources, a member of the Commission must join as an Elected Official Liaison. This must go before the City Commission as an agenda item. Carisse will create the agenda item and have it placed on the April 1 , 2008 City Commission agenda. The Development Department will pay for the membership fee of $1 ,200 which is based on the city's population. The other organization discussed for possible membership was Climate Communities, a national advocacy organization seeking new federal laws, policies, and resources to support local government action to combat climate change. The focus of the coalition includes increased federal investment in clean transportation, green public building/housing, green energy, and sustainable water initiatives. As a member of Climate Communities, our city will shape the agenda for Climate Communities, obtain national visibility and attention, receive timely information on emerging climate policies in Washington, and build relationships with key federal decision makers on climate issues. It wili also position our city to get additional resources through pilot initiatives and demonstration projects that will be implemented throughout the nation. The membership fee for our city, based on population, is $2,400. At the time of this meetlng, total funding was not avaHable. Members were going to check their departmental budgets to see what was available. No definitive decision was made as to whether or not we would join Climate Communities. Several team members would be participating ir'L a conference call with Climate Communities on March 20, 2008. This discussion will be coming back to the next meeting. IV. Update on departmental inventories At the March 4, 2008 meeting, members were asked to review the FLGBC Designation Standard for Citles and Counties in order to begin the audit process. Some members came back with questions which were discussed and clarified, and the audit process is beginning. As of this meeting, the Warehouse is 10% into the audit process and Development Department is 25% complete. Members will continue to share progress updates with the rest of the team. Other departments which are not represented by the Green Task Force will be contacted by the City Manager's Office for participation in the audit process. V. Education Component As discussed at the previous meeting, education inibaUves will be an important element of the action ptan. As part of this action plan, the Green Task Force will be proposing partnerships and collaborations between the city and other business, non-profit and residential organizations ;n order to educate and motivate the commun'ty regarding environmental conservation and sustainability priorities and actIvities. In the meantime, team members have agreed to take advantage of current and pending environmental events to begin the education process. The city is already participating in the Sand Sifters Earth Day Beach Clean-Up event at Oceanfront Park. The Development and Utilities Departments have been publicizing Earth Hour to be held on March 29111, where everyone around the globe is being asked to turn off their tights between 8-9 p.m. Displays are in their lobbies and they have been giving away "green" items such as energy efficient light bulbs and battery-less ffash lights. April 2200 is Earth Day and team members made the commitment to display "greenft information relevant to their departments in the lobby that day. Carisse will be bringing this to CML T and AST on Monday to encourage clty-wide participation. VI. New Business A suggestion was made to create a "green calendar" that can be posted on the web-site that will notify and pubHcize events \;ke Earth Day and the Sand Sifters events. Carisse will work with ITS on this idea and bring it back to the next meeting. The next scheduled meeting for the Green Task Force wiH be on Tuesday, April 1, 2008 at 10:00 a.m., location to be announced. AGENDA City of Boynton Beach Green Task Force April 1, 2008 @ 10:00 a.m. Utilities Administration Conference Room I. Open Meeting & Approval of 3/11/08 Meeting Summary II. Incentive Program III. Youth in Government IV. ICLEI & Climate Communities V. Earth Day VI. Department Audits VII. Education Component VIII. New Business Meeting Summary of the City of Boynton Beach Green Task Force Meeting held in the Second Floor Conference Room, Utilities Administration Building, Boynton Beach, Florida on April 1, 2008 @ 2:30 p.m. Present: Nancy Byrne, Asst. Dir. Development Debbie Majors, Grants Administrator Jody Rivers, Parks Superintendant Mike Simon, CRA Development Mgr. Chris Roschek, Engineering Mgr/Utilities Christine Roberts, Asst. Dir. Public Works Carisse Lejeune, Asst. to the City Mgr. Mike Dauta, Warehouse I. Open Meeting & Approval of 3/18/08 Meeting Summary The meeting came to order and team members were asked if there were any revisions, deletions or corrections that needed to be made to the meeting summary of March 18, 2008. Having none, everyone agreed to accept the minutes as presented. II. Incentive Program One of the recommendations that the team would like to bring forward to Commission is incentives for affordable green housing. The Development department has been having staff discussions on this topic and have identified some options such as increased density, potential monetary incentives (from the CRA), possible reduction or waiver of City fees and changes to the Land Development Regulations (LOR) that would either encourage or make mandatory LEEDS, or similar standards, for building construction. The Development department is currently expediting plan reviews for "green" construction, and has recently added language in the LOR's to encourage (but not mandate) green construction III. Youth in Government Day Youth in Government Day will be held on May 7,2008. Most city departments are asked to participate by hosting a high school student for the day. In the evening, students hold a mock Commission meeting with agenda items created by city staff. It was discussed at the City Manager's Leadership Team (CML T) meeting, and approved by the City Manager, that this year there needs to be an agenda item that will reflect the type of budgeting decisions our own City Commission will be confronted with. Nancy Byrne and Chris Roschek will coordinate to create an agenda item where the students will need to decide on whether to approve a "green" initiative that will require the allocation of additional budget dollars, or to make the budget cuts necessary due to our decreasing revenues. This will make an excellent educational component item. IV. Earth Day Earth Day is April 22,2008 and the Green Task Force has agreed to sponsor an educational event to commemorate the day. City departments will be creating educational displays relevant to their respective areas/disciplines that will be set up in the lobby of City Hall. So far the departments that have committed to displays are Development, Public Works, Utilities, Recreation & Parks, Warehouse (Finance Dept.), and the Boynton Beach Links (Golf Course). All departments have been invited to participate. V. Education Component In addition to Youth in Government Day and Earth Day, the task force brainstormed other educational ideas. Currently there is a project being expedited through the Development department for a Day Care Center that will be building "green" and utilizing many energy saving and sustainable building techniques. The owner has offered his building as an Education Demonstration Project that can be used to educate the public. Tours could be scheduled for local business owners, contractors and builders to emphasize the benefits of building and/or renovating "green." The task force will be touring the Lake Worth Living Building to get a first hand look at a local green built design. Chris Roschek will be coordinating that trip. VI. ICLEI & Climate Communities The recommendation to join ICLEI and request a member of the Commission be designated as the Elected Official Liaison will be on the April 1 st Commission agenda this evening. If approved, Nancy Byrne will take care of the necessary registration. Upon discussion of the software to measure emissions, it was determined that Chris Roschek was the most qualified team member to utilize the software, given his science and engineering background. Information and data will be provided to Chris as requested, by the task force members. Task force members will also facilitate gathering relevant data from other departments as needed. There was also further discussion regarding joining Climate Communities, the Washington lobbyist organization which advocates and tracks climate protection and environmental conservation legislation. The team was undecided as to whether or not the benefit outweighed the registration fee of $2,400 annually. It was agreed that more research was needed. Carisse Lejeune will contact other Florida communities belonging to the organization. Also, in relation to best practices, Carisse will contact Jamie Titcomb regarding any local municipalities that have received FGBC certification. VII. Department Audits The majority of task force members have completed the FGBC audits for their respective departments. Carisse Lejeune, Mike Dauta and Nancy Byrne have agreed to work with the rest of the city departments on their audits. Carisse is sending out their specific department sections to the department heads asking that they designate a "green" coordinator within their department. Once all the audits are complete, the task force can begin compiling the information into report form, enter data into the ICLEI software and start working on the recommendations to Commission. VIII. New Business In discussing green practices for administration and clerical offices, the question came up about preferred product lists for green products and green cost estimates for vendor bids. These are two areas that warrant further discussion and research as a possible recommendation to Commission. The next scheduled meeting for the Green Task Force will be on Thursday, April 17,2008 at 1 :30 p.m. in the Planning & Zoning Conference Room, 2nd floor, West Wing. AGENDA City of Boynton Beach Green Task Force April 17, 2008 @ 1:30 p.m. Planning & Zoning Conference Room I. Open Meeting & Approval of 4/01/08 Meeting Summary II. Youth in Government Update III. IClEI & Climate Communities Update IV. Earth Day Update V. Department Audits Update VI. Education Component Update VII. New Business Meeting Summary of the City of Boynton Beach Green Task Force Meeting held in the Planning & Zoning Conference Room, City Hall, Boynton Beach, Florida on April 17, 2008 @ 1 :30 p.m. Present: Nancy Byrne, Asst. Dir. Development Debbie Majors, Grants Administrator Jody Rivers, Parks Superintendant Mike Simon, CRA Development Mgr. Chris Roschek, Engineering Mgr/Utilities Christine Roberts, Asst. Dir. Public Works Carisse Lejeune, Asst. to the City Mgr. Mike Dauta, Warehouse I. Open Meeting & Approval of 4/01/08 Meeting Summary The meeting came to order and team members were asked if there were any revisions, deletions or corrections that needed to be made to the meeting summary of April 1 , 2008. Having none, everyone agreed to accept the minutes as presented. II. Youth in Government Day Youth in Government Day will be held on May 7,2008. As discussed at the previous meeting, there will be a mock Commission meeting and the students will be reviewing mock agenda items. Both the Public Works department and the Water Utilities department will be submitting agenda items which deal with conservation and greening efforts that have associated costs attached to the proposed programs. The student Commission will have to decide and vote whether the programs merit the increased budget expenses. We hope this will make a lasting impression on the student participants. III. ICLEI & Climate Communities At the April 1, 2008 City Commission meeting, the Commission voted to allow the City of Boynton Beach to join ICLEI and appointed Commissioner Marlene Ross to be the Elected Official Liaison. Nancy Byrne will register the City for membership and the $1,200 membership fee will come out of the Development Department budget. Once we are a registered member city we can the access the CACP (Clean Air and Climate Protection) software to create our emissions inventory and model emissions reductions scenarios. The city will also gain access to a wealth of other climate protection resources and tools. There was additional discussion regarding joining Climate Communities, a national coalition of cities and counties that is educating federal policy makers about the essential role of local governments in addressing climate change. They have been advocating for significant new federal resources to support local actions to reduce greenhouse gas emissions. Membership for Climate Communities is approximately $2,400 and the team has decided not to commit at this time, however this may be brought back again at a future meeting. IV. Earth Day Earth Day is April 22, 2008 and the Green Task Force has agreed to sponsor an educational event to commemorate the day. We have received confirmation of participation from the Parks department, Utilities, Development, Public Works, ITS, Golf Course and the Customer Service department. The tables and setup have been requested through Parks & Rec and will be placed in the lobby Monday afternoon. Departments have the option of setting up their tables after 3:00 p.m. on Monday or before 8:00 a.m. on Tuesday. Debbie Majors has volunteered to coordinate setup. V. Department Audits The department audits are 90% complete. Carisse LeJeune is working with ITS, Human Resources and the Police Department to complete the last of the departmental audits. VI. Education Component Members of the task force toured the Lake Worth Living Building to get a first hand look at a local green built design. The team discussed other ideas to promote green throughout the city. Alan Karjalainen will create a Green webpage on the city's webpage and also create a Green Calendar where all local, national and international events having to do with conservation and climate protection can be posted. All team members are asked to keep Alan updated on all events to be posted, including seminars, conferences and webinars. VII. New Business Other discussion items included expanding the Development Department's efforts and posting conservation tips on the inside of all restroom stall doors throughout all of City Hall and city facilities. We discussed the upcoming Arbor Day and the recycling efforts of Tom Balfe in the Parks Division. Jody Rivers will provide a listing of those activities. For internal paper conservation, we discussed proposing that all city departments utilize "Right Fax" for faxing and receiving documents, as well as other options, including Teleworks, which will require employee training city-wide. There was some discussion to creating a Green Team Mascot that can be posted on the website and all distributed ancillaries. The idea of having a contest was introduced. This warrants further discussion at a future meeting. Also, Human Resources have been asked to provide some incentives for employees to carpool and bicycle to work. One idea from the team was to offer free access to the gym locker rooms for cyclists and to install bike racks on city property where they would be accessible and secure. The next scheduled meeting for the Green Task Force will be on Monday, May 5, 2008 at 3:00 p.m. in Conference Room B, 2nd floor of City Hall. AGENDA City of Boynton Beach Green Task Force May 5, 2008 @ 3:00 p.m. Conference Room B I. Open Meeting & Approval of 4/17/08 Meeting Summary II. ICLEI & Climate Communities Update III. Department Audits Update IV. Education Component Update V. New Business Meeting Summary of the City of Boynton Beach Green Task Force Meeting held in Conference Room B, 2nd floor City Hall, Boynton Beach, Florida on May 05, 2008 @ 3:00 p.m. Present: Debbie Majors, Grants Administrator Jody Rivers, Parks Superintendant Mike Simon, CRA Development Mgr. Chris Roschek, Engineering Mgr/Utilities Christine Roberts, Asst. Dir. Public Works Carisse LeJeune, Asst. to the City Mgr. Absent: Nancy Byrne, Asst. Dir. Development (vacation) Mike Dauta, Warehouse Mgr. (scheduling conflict) I. Open Meeting & Approval of 4/17/08 Meeting Summary The meeting came to order and team members were asked if there were any revisions, deletions or corrections that needed to be made to the meeting summary of April 17, 2008. Having none, everyone agreed to accept the minutes as presented. II. ICLEI Update On April 30, 2008 Carisse LeJeune received confirmation of membership from ICLEI. We are now able to access the CACP software, available training and all other tools and resources. Carisse will contact ICLEI to designate Chris Roschek as the software user, per consensus of the team. Chris Roschek has agreed to do the data entry for the emissions inventory. Carisse reviewed with the team the Five Milestones Methodology for setting and meeting our climate mitigation goals: 1. Conduct a baseline emissions inventory and forecast. 2. Adopt an emissions reduction target for the forecast year. 3. Develop a Local Climate Action Plan. 4. Implement policies and measures. 5. Monitor and verify results. Steps two and three will be in the proposal brought before Commission in September, per Resolution # 08-25. Also, ICLEI recommends that we identify a media liaison from our jurisdiction to serve as the main point of contact for ICLEI Communications staff, who may also direct local and national media to our liaison. The team voted to invite Wayne Segal, Director of Public Affairs for the City of Boynton Beach to be the ICLEI liaison. Mr. Segal has agreed to fill that position and will be attending Green Task Force meetings beginning in June 2008. III. Earth Day Earth Day was April 22,2008 and the Green Task Force sponsored interdepartmental displays in the lobby of City Hall. The event was very successful as an educational outreach to residents. A wealth of conservation tips for homeowners and the community were shared and "green freebies" were distributed, such as staple-less staplers, water conservation playing cards, energy efficient light bulbs and flashlights, and baby trees for planting. There was also continuous conservation/environmental PSA's (public service announcements) playing and the Customer Service department provided coffee for our visitors. Everyone involved deserves recognition and thanks for their efforts. IV. Department Audits The CRA and ITS department are finalizing their audits and we will be able to start entering data into our new Climate Protection software. Also, based on the FGBS (Florida Green Building Standards) audit, we can start identifying some potential programs and initiatives to bring before Commission in our final report in September, per Resolution # 08-25. V. Education Component Currently the city web-page is advertising several green initiatives (see below) and the green webpage and calendar are currently under construction. The Public Works Solid Waste Division is offering residential Vegetation Amnesty Cleanup Week and Tire Amnesty Week. During the week of Monday, June 2nd through Friday, June 6th, 2008, residents may put unlimited amounts of trimmed vegetation and up to eight (8) car/passenger truck tires at the curb for pickup. Under Modified Phase 1/ restrictions, an up to two-day-a-week landscape irrigation restriction will go into effect April 18. The mOdified mandatory restrictions apply to all water from traditional resources, including water fram public utilities, private wells, canals, ponds and lakes. Users of 100 percent reclaimed water are exempt from the restrictions but are encouraged to conserve water voluntarily. Alan Karjalainen has investigated the printing of conservation tips posters and determined that we have the capability through the GIS document printing equipment. At the next meeting we will finalize a process for creating, distributing and posting the posters throughout City Hall and city facilities. Paper and printing costs need to be identified. The idea of the green mascot needs further discussion and contest criteria need to be identified. If planned and executed properly, this could be an excellent education tool. VI. New Business During our brainstorming session, the city greenways plan was mentioned. Jody Rivers will revisit the plan and bring back to the team for further discussion. This might be a program to be added to our final recommendations to the Commission. The team discussed other options such as telecommuting and reduced working days, such as 4-10's (four, 10-hour work days per week instead of five, 8-hour work days). Allowing some employees to work at home when feasible, and reducing the number of days that City Hall would be open would greatly reduce the amount of utilities used in the buildings as well as reduce the gas usage and carbon emissions stemming from the daily commute to work. Increasing the available public transportation offered along main city arteries should also be considered, especially with Palm Tran's anticipated cuts in bus routes. All these ideas are items for consideration during the final stages for creating the recommendations to Commission. The next scheduled meeting for the Green Task Force will be on Monday, May 20, 2008 at 3:30 p.m. in the Engineering Conference Room, 2nd floor of West Wing City Hall.