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Agenda 11-05-08 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA NOVEMBER 5, 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 PUBUC 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 November 5, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Reverend Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Vice Mayor Rodriguez D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None IV. PUBUC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE UMITED 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 Boynton Beach, FL November 5, 2008 V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 IV Ross Cemetery Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 II Hay Community Relations Board Alt 1 yr term to 12/08 Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (2) II Hay Library Board Reg 3 yr term to 12/09 Tabled (2) II Hay Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Recreation & Parks Advisory Board Reg 3 yr term to 12/09 Tabled (3) III Rodriguez Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) IV Ross Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - October 21, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award Bid #069-2821-08/0D, "Southeast Federal Highway Corridor Infrastructure Improvement Project", to Chaz Equipment, Inc., and execute a contract in the amount of $598,455.45 plus an owner's contingency of 10% in the amount of $59,800 for a total project budget appropriation of $658,255.45. (Proposed Resolution No. R08-125) 2 Agenda Regular City Commission Boynton Beach, FL November 5, 2008 2. Award Bid #059-2821-08/0D for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" to ALLIED UNIVERSAL CORPORATION of Miami, FL. Contract period: November 6, 2008 to November 5, 2009 with an estimated annual expenditure of $230,000. C. Resolutions 1. Proposed Resolution No. R08-126 RE: Approving and adopting a Subordination Policy for use in the City of Boynton Beach Community Improvement Housing Programs. 2. Proposed Resolution No. R08-127 RE: Approving and recognizing the "Building Citizenship in the Community: Back to Basics" initiative of the Florida League of Cities, Inc., and pledging support for the statewide effort. D. Authorize the use of $600 from Commissioner Weiland's Community Investment Fund for the School District of Palm Beach County, The Education Network, T.E.N., to assist students in our community with first quality TV productions to showcase their talents. E. Authorize the use of $500 from Commissioner Ross's Community Investment Fund for the School District of Palm Beach County, The Education Network, T.E.N., to assist students in our community with first quality TV productions to showcase their talents. F. Accept the written report to Commission of purchases over $10,000 for the months of August and September, 2008. G. Approve payment in the amount of $46,302 to Nowlen, Holt & Miner, P.A., Certified Public Accountants, the City's auditors, for excess time incurred in completing the audit for fiscal year ended September 30, 2007. VII. CODE COMPLIANCE & LEGAL SETrLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 3 Agenda Regular City Commission November 5, 2008 Boynton Beach, FL IX. CITY MANAGER'S REPORT: A. Discussion of Neighborhood Stabilization Program (NSP) Options X. FUTURE AGENDA ITEMS: A. S.E. 4th Street Corridor Improvement Project - Review and discussion of project scope and budget - November 18, 2008 B. Report on Tow Contractor Meeting - November 18, 2008 C. Provide City Staff with policy guidance regarding the degree and breadth of "green" elements to be designed into the new Police Facility located at the intersection of High Ridge Road and Gateway Boulevard - November 18, 2008 D. Nautica/Meadows/Quantum Parks - November 18, 2008 E. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 F. Review of NE 1th Avenue Canal - (Tabled on September J8, 2008 to December 2, 2008) G. Report on available mechanisms to save the Old High School - December 2, 2008 H. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - December 2, 2008 1. 2008 Recreation and Parks Strategic Plan Update - January, 2009 J. Report on cost sharing options for take-home vehicles - January 2009 (In conjunction with continued budget discussions) K. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund (Tabled on August 5, 2008) XI. NEW BUSINESS: A. Provide direction regarding continuation or modification of the current CRA Board configuration XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 4 Agenda Regular City Commission November 5, 2008 Boynton Beach, FL None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-031 RE: Amending Part II, Chapter 10, "Refuse and Abandoned Property" by enacting a new Article IV. "Property Maintenance Requirements" to provide for standards for the maintenance of residential and non-residential properties within the City; repealing City of Boynton Beach Code of Ordinances Part III, Chapter 20, Article I, Section 8, "Building Security Code"; Article II, "Electrical Code", Article VIII, "Housing", Section 1, "Generally", Section 2, "Minimum Standards" and Article IX, "Swimming Pools and Spas". (Tabled on October 21, 2008) 2. Proposed Ordinance No. 08-032 RE: Amending Section 10-30 of the City's Code of Ordinances, Garbage, Trash and Offensive Conditions, Article II, Refuse, Garbage and Trash allowing for rate increase. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 10-27-08 4 P.M. S:\CC\ WP\CCAGENDA \AGENDAS\ YEAR 2008\11 0508.DOC 5 V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 11/5/08 Last Name First 1st Choice 2nd Choice 3rc1 Choice Name Dwork Jonathan Planninq & Dev. Bd. Caudell Scott Police Officers' Retirement Trust Fund Grace Joyce Arts Commission Norfus Victor Planninq & Dev Bd. Timm H. Warren Planning & Dev Bd. S:\CC\WP\BOARDS\APPMENTS\Board Year 200B\Applicants Eligible for Appointment 11 5 DB. doc VI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) [gI November 5, 2008 October 20,2008 (Noon) o September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) ~ 0 ..... no, 0) --.( -t 0 AnnouncementslPresentations [gI City Manager's Report <:) -<e ('") NATURE OF 0 Administrative 0 New Business --f C")"" r-"Q) - ""a. AGENDA ITEM Kl Consent Agenda 0 Legal ....... ::0-<: 0 0 Unfinished Business :Do ~Z Code Compliance & Legal Settlements en-1 :w: 00 0 Public Hearing 0 Ci? .,,% ..,,- en (i/11 RECOMMENDATION: UI rrli Motion to award Bid #069-2821-08/CJD, "SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT", to Chaz Equipment, Inc., and execute a contract by resolution in the amount of $598, 455.45. Also, approve an owner's contingency of 10% in the amount of $59,800.00 for a total project budget appropriation of $658,255.45. EXPLANA TION: The Southeast Federal Highway Corridor (SEF) project is geographically located and/or bounded by Greenbriar Drive on the north, US 1 on the west, Intracoastal Waterway on the east, and Riviera Drive on the south. The infrastructure improvements include approximately 4,800 linear feet of 6-inch water main installation, valves, service connections, and fire hydrants; installation of stormwater Type C inlet boxes, approximately 1,000 linear feet of stormwater pipe and swale construction. Originally, the estimated value of the bid was $6.4M, however due to market conditions and the Interlocal Agreement with the CRA, the bulk of the project (SE 12TH Avenue and 4TH Street) was deleted from the bid scope and discussions between the City and the CRA are continuing to re- configure the SE 12TH Avenue and SE 4TH Street components. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Eleven (11) bids were received and opened by Procurement Services on September 23, 2008. Copies of the bid proposals were submitted to the Utilities Department and Post, Buckley, Shue & Jerginan (PBS&J) for review and evaluation. Due diligence and reference checks were performed on the apparent low bidder and favorable responses were received from all parties. Chaz Equipment, Inc. has performed several successful utility infrastructure improvement projects for the City in the past. We concur with PBS&J and recommend awarding this contract to Chaz Equipment, Inc. as the lowest, most responsive, responsible bidder who meets all specifications and whose bid is in the best interest of the City. FISCAL IMPACT: Funds are available as follows: Account Number Project Number 406-5000-590-65-02 WTR124 406-5000-590-65-09 STM030 406-5000-590-65-04 SWR100 Bid Contract Amount $598,455.45 10% Contingency $59,800.00 --....-._.'"~,~~ Total Budget Appropriation $658,255.45 Under the original project scope, which included the SE 4TH Street infrastructure improvements, the Utilities Department applied for and received approval of a $750,000 grant from the Lake Worth Lagoon Partnership Grant Program for storm water improvements funded by the Department of Environmental Resources Management (DERM). The grant agreement was approved by the City Commission on April 1, 2008, R08-040. The City must verify $1,500,000 in construction expenditures for matching funds to receive the full grant funding. This portion of the project at $598,455.45, will require the Utilities Department to work closely with DERM to determine the value of grant funding for the project. S:'SULLETIN\FORMS'AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: The SEF project will provide a better quality of life within the community by providing improvements to existing utilities infrastructure, upgrading the project areas fire fighting elements and prevent further nuisance flooding along several sections within the project area and the installation of pollution control devices to help improve our environment. jL~ ~, Kurt Bressner, City Manager ~ /~~ Utilities Department Department Name Attachments xc: ~eter Mazzella, Deputy Director Utilities Chris Roschek, Engineering Division Manager ~paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Procurement Services PMT File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 I RESOLllTION NO. R08-/~. ;: 2, 3 A RESOLllTION OF THE CITY OF BO\'NTON 4 BEACH, FLORIDA, APPROVING THE A \\lARD AN D Si EXECUTION BY THE CITY MANAGER AND CITY 6 CLERK OF A CONTRACT TO CHAZ EQUIPMENT, 7 INC., FOR BID #069-2821-08/CJD, "SOUTHEAST 8 FEDERAL HIGHWAY CORRIDOR 9 INFRASTRUCTURE IMPROVEMENT PROJECT", 11\ 10 THE AMOUNT OF $598,455.45 WITH AN OWNER'S 11 CONTINGENCY OF 10% IN THE AMOUNT OF 12 $59,800.00 FOR A TOTAL BUDGET APPROPRIATION 13 OF $658,255.45; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 17 WHEREAS, on September 23, 2008, Procurement Services opened and tabulated 18 eleven (11) bids in response to #069-2821-08/CJD for '.Southeast Federal Highway Corridor 19 Infrastructure Improvement Project": and 20 WHEREAS, copies of the bid proposals were submitted to the Utilities I 21 Department and Post Buckley, Shue & Jerginan for review and evaluation. It has heen 22 determined appropriate by statY to recommend award of this contract to Chaz Equipment. 23 Inc., whose proposal was overall responsive and responsible proposer; and 24 WHEREAS, the City Commission of the City of Bovnton Beach upon 25\ recommendation of statY, deems it to be in the best interest of the citizens of the Clt\ of 26 Boynton Beach to award and authorize execution of a contract to Chaz Equipment. Ine . for 27 Bid#069-2821-08/CJD, in the amount of $598,455.45 with an owner's eontingenc) of 28 $59,800.00 for a total budget appropriation of $658,255.45. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I I S ICAIRESOlAgreementslBld AwardslAward Cuntract to Chaz EqUipment doc I i 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution by the City Manager and City Clerk 6 of a contract to Chaz Equipment, Inc., for Bid#069-2821-08/CJD, in the amount of 7 $598,455.45 with an owner's contingency of $59,800.00 for a total budget appropriation of 8 $658,255.45, a copy of which is attached hereto as Exhibit "A". 9 Section 3. This Resolution shall become effective immediately upon passage. 10 PASSED AND ADOPTED this _ day of November, 2008. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor - Jerry Taylor 16 17 18 Vice Mayor - Jose Rodriguez 19 20 21 Commissioner - Ronald Weiland 22 23 24 Commissioner - Woodrow L. Hay 25 26 27 Commissioner - Marlene Ross 28 ATTEST: 29 30 31 Janet M. Prainito, CMC 32 City Clerk 33 34 (Corporate Seal) S:ICAIRESOlAgreementslBid AwardslAward Contract to Chaz Equipment doc PBS' ~ An employee-owned company ,..., Transmitted Via: c.s. Mail/Facsimile R~;:' (,: ,.~","~'~j. '} ~ .~~~~~ September 29,2008 1""'. ("".~r !..)~ \ Paul Fleming Boynton Beach Utilities Department ' . ."t"\\ \~\r:t" .. ~~~~:r; ril, /""~.\ ,~, '" ~ ~ "., ~') 124 E Woolbright Rd nYN"'l".",~~ ,.;,"1-"1 \.;; '~,\', l.",. B\.i . , . \ ur ~n...:'l'~"'" . " Boynton Beach, FL 33435 Re: Southeast Federal Highway Conidor Infrastructure Improvement Project Bid #069-282I-08/CJD File: 140497.00 #11.0 Dear Mr. Fleming On September 23, 2008, the City received eleven bids for the above referenced project. The low bidder was Chaz Equipment (Chaz). The following are the bid prices received in order from lowest to highest: , IlIlIp.lIl.- illU 1. Chaz $ 598,455.45 2. Man Con $ 648,731.50 3. Asphalt Consultants $ 681,781.00 4. Master Excavators $ 714,069.50 5. B&B $ 728,805.00 6. American Engineering $ 744,621.00 7. Centerline $ 748,598.75 8. H&D Construction $ 769,666.75 9. H&J Contracting $ 794,819.00 10. Community Asphalt S 908,171.00 11. Foster Marine $1,011,872.00 Chaz Equipment provided the bid forms required within the Contract Documents. PBS&J contacted the following references for Chaz Equipment based on the projects Chaz Equipment provided: . Mr. Raphael Ballesetero of the City of Del ray Beach. Mr. Balesetero has worked with Chaz Equipment on a number ofprojects and was very positive regarding their work. "Chaz is a good contractor. They start a job with the intent to finish not to look for changes. ., . Mr. Keith Haas of the Seacoast Utility Authority had the same opinion. He worked with 2001 Northwest 107th Avenue. Miami, Florida 33172-2507' Telephone 305.592.7275. Fax 305.597.9446. wwwpbsjcom Ms. Hong Guo Page 2 September 29, 2008 Chaz on a number of critical projects and described Chas as "perfect". Chaz's bid was lower than the Engineer's Estimate of Probable Construction Costs. Based on the above, PBS&J recommends that the City enter contract negotiations with the lowest bidder, Chaz, for $ 598,455.45. If you have any questions, please call me at (305) 514-3325. Very Truly Yours, PBS&J ~~~ Alessandra Delfico, P .E. Senior Engineer PBSI BID TITLE: SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT BID NUMBER: 069-2821-08/CJD PROJECT NUMBER: WTR124, STM030, SWRIOO & REU002 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 5th day of November . 2008, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and Chaz Equipment. Ine, a Florida Corporation (_X _) Check One a Florida General Partnership L-) a Florida Limited Partnership (_) a Sole Proprietor (_) hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project"l identified by the bid title, bid number and project number listed above and commonly referred to as: SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 23rd day of September. 2008. for the total bid amount of $598,455.45; and, WHEREAS, On the 5th day of November, 2008, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 450 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: Utilities Department C-l Revised 07-] ] -08 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6 Special Conditions for City-Furnished Materials 2.2.7 Terms and Conditions for City-Furnished Materials, Attachment B 2.2.8 Construction Contract 2.2.9 Certificate of Insurance 2.2.10 Public Construction Bond 2.2.11 Technical Specifications 2.2.12 Contract Drawings and Plans 2.2.13 Addenda 2.2.14 Written directives or interpretations 2.2.15 Manufacturers warranties Utilities Department C-2 Revised 07-11-08 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools. superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance \>,/ith the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.2.1 Comply with provisions in Special Conditions and Terms and Conditions for City-Furnished Materials. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records te' establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical S peci fi cati ons for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05. Florida Statutes, if applicable. 3.1. 7. Pay promptly, before final settlement, any and all claims or liens b\ subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in cOl1l1ection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Utilities Department ro ~ Revised 07-11-08 \~ --' 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 450 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid Utilities Department C-4 Revised 07-11-08 proposal, and for such others as the Project Engineer may direct. and shali~w employ any that CITY may, within a reasonable time, object to as Illcompetenl ll1 as unfit. 6. LIQUIDATED DAMAGES 6.l. The CONTRACTOR further agrees to pay $1,500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 450 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR \vithin the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CIT'Y', its agents. servants and employees from against any kind and all causes, claims, demands. actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that Utilities Department C-5 Revlsed 07-11-08 the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the msurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. At the City's discretion, the City may make direct purchases of any materials and equipment purchased for, or to be incorporated into the Project, as determined by the City. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS Utilities Department C-6 Revised 07-11-08 All such work shall be executed under the conditions of the onginal Contrac1 Any claim for extension of time caused thereb.y shall be made in writing at time such change is ordered. Changes in the work must be processed as set forth In the General Conditions for Construction GC -46, FIELD CHANCE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, c-maI i. facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any futLlrt' right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the Contractor adds such language. the Project Manager shall secure specific written authorization from the City Manager c; office before executing the Field Change Directive or Change Order 10.2 Al change orders and adjustments shall be in writing and approved by the Project Manager, othetwise, no claim for extras will be allowed. 10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11 PROJECT ENGINEER 11.1 The En2ineer of Record is PBS&J. Alessandra Delfico. P.E. 11.2 Throu2hout the contract documents. all references to the En2ineer of Record shall apply to PBS&J. Alessandra Delfico. P.E. 11.3 The Proiect En2ineer ("En2ineer") is Mathews Consultin2. Inc.. David L. Mathews. P.E. 11.4 The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CIT'{ to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.5 As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. Utilities Department C-7 Revised 07-11-08 11.6 In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 11.7 Throughout the contract documents, all references to the Project Engineer and/or Engineer shall apply to Mathews Consulting, Inc., David L. Mathews, P.E. 12 INSURANCE 12.1 The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13 CONTRACT ,CONTROLS 13.1 This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2 In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the Proj ect Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally b and finally by the balance of the Contract Documents. 14 TIME OF ESSENCE 14.1 Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to 'comp1ete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the proj ect. 15.2 NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. Utilities Department C-8 Revised 07 -11-08 CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 15.3 Failure on the part of CONTRACTOR to timely process a request for all extension of time to complete the work shall constitute a waIver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5 For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16 DISPUTES 16.1 Disputes shall be resolved as set forth in the General Conditions for Construction GC -18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. Utilities Department C-9 ReVIsed 07-] ! -08 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed CONTRACTOR in the presence of: President or Vice President Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this day of , 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: Utilities Department C-lO Revised 07-11-08 r ~ ~ -- ,-- Paul M. Fleming, Manager SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT CliAZ EQUIPMENT COMPANY, INC. - LOWEST, MOST RESPONSIVE, RESPONSIBLE "Offers from the vendors listed herein are the only offersB IDDER WHO MEETS ALL SPEC 1 F 1 - BID DUE DATE: SEPTEMBER 23,2008 received timely as of the above receiving date and time. CATION AND WHOSE BID IS IN THE BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation. BEST INTEREST OF THE CITY. BID # 069-2821-08/CJD if any, are hereby rejected as late" VENDORS American Engineering & Development Corp Asphalt Consultant Inc. B & B Underground Contractors 15075 Corporate Rd., North 880 Northwest 1 st Ave. 6900 Dwight Road Jupiter, FL 33478 Boca Raton, FL 33432 West Palm Beach, FL 33411 Attn: John R. Sunderman Attn: Chris Baczewski Attn: A. O'Neal Bates Telephone: 561-242-9770 Telephone: 561-368-5797 Telephone: 561-682-3310 Fax: 561-242-9680 Fax: 561-750-8596 Fax: 561-682-3004 RECEIPT OF ADDENDUM # 1 Yes Yes Yes RECEIPT OF ADDENDUM #2 Yes Yes Yes ---- ......~~ RECEIPT OF ADDENDUM #3 Yes Yes Yes $728,805.00 - PROPOSAL (REVISED PROPOSAL PAGE) $744,621.00 $681,781.00 (FROM ADDENDUM #3) - Yes --'.."--'-~ ----- Yes '-~~-- "-~-' -, ~ es SUBMITTED Yes es es SUBMITTED 5% BID BOND SUBMITTED Western Surety Company Travelers Casualty & Surety Westfield Insurance Company Company of America "'"'~Q-,"'_-~---' ._-'---'~'-'~'- .--'._-----,-_. ,.. ~~.,. ._~._-_.- ~...~._~__~f_.~~_ _.'~~- -- STATEMENT OF QUALIFICATIONS Yes Yes Yes SUBMITTED I ._-- ..'~" ,,_..._.,^,...._.'""_.__i___.._ _ ~".- -,--~- 1 NON-COLLUSION AFFIDAVIT Yes Yes SUBMITTED ,,-_.,., i ANTI-KICKBACK AFFIDAVIT Yes Yes Yes 1 i SUBMITTED I I M~__'___.-.__---_...-,.,- - -. .. .._~_._---'~ --- ----- ------_.---_.".._.._~ -,._---~~"'- J SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT "Offers from the vendors listed herein are the only offers BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 069-2821-08/CJD if any, are hereby rejected as lale" VENDORS American Engineering & Development Corp Asphalt Consultant Inc. B & B Underground Contractors 15075 Corporate Rd., North 880 Northwest 1 st Ave. 6900 Dwight Road Jupiter, FL 33478 Boca Raton, FL 33432 West Palm Beach, FL 33411 Attn: John R. Sunderman Attn: Chris Baczewski Attn: A. O'Neal Bates Telephone: 561-242-9770 Telephone: 561-368-5797 Telephone: 561-682-3310 Fax: 561-242-9680 Fax: 561-750-8596 Fax: 561-682-3004 CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Yes/Not a minority Owned Yes/Not a Minority Owned BUSINESS Business Business Business CONFIRMATION OF A DRUG FREE Yes Yes Yes WORKPLACE SUBMITTED TRENCH SAFETY ACT SUBMITTED Yes Yes Yes SAFETY PROGRAM COMPLIANCE Yes Yes Yes SUBMITTED SCHEDULE OF SUBCONTRACTORS Yes Yes Yes SUBMITTED SITE INSPECTION FORM Yes Yes Yes SUBMITTED EVIDENCE OF POSSESSION OF REQ'D Yes Yes Yes LICENSES AND/OR BUSINESS PERMITS SUBMITTED COMMENTS SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT "Offers from the vendors listed herein are the only offers BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 069-2821-08/CJD if a e hereby rejected as late" VENDORS Centerline Utilities Chaz Equipment Co. Inc. Community Asphalt Corp. 15159 101 st Terrace N. 3180 Fairlane Farms Rd. Ste 1 7795 Hooper Road Jupiter, FL 33478 Wellington, FL 33414 West Palm Beach, FL 33411 Attn: Frederick H. Chesney Attn: Robert H. Wight AUn: John Norris Telephone: 561-689-3917 Telephone: 561-333-2109 Telephone: 561-790-6467 Fax: 561-689-0017 Fax: 561-333-2180 Fax: 561-790-1073 RECEIPT OF ADDENDUM # 1 Yes Yes Yes RECEIPT OF ADDENDUM #2 Yes Yes Yes ,-=,.,._-~~-- RECEIPT OF ADDENDUM #3 Yes Yes Yes ---~_.~--~- PROPOSAL (REVISED PROPOSAL PAGE) $748,598.75 $598,455.45 $908,171.00 (FROM ADDENDUM #3) es Yes --.------.'" es SUBMITTED es es es SUBMITTED ~---~- '-~'" 5% BID BOND SUBMITTED Western Surety Company Great American Insurance Company Travelers Casualty & Surety of America ,~._.....,.__.__.~ ---~ .- "... .~.."..._..,"~._~-- -~-,~_.,~. ..- ~_._-,. "__~L"~~_ ~_._.--- STATEMENT OF QUALIFICATIONS Yes Yes Yes I SUBMITTED -- ~____.<"_~'_"___~ ____~______._"~.u~.__~_ Yes/Not Signed or notorized ~ NON-COLLUSION AFFIDAVIT Yes Yes SUBMITTED - - ANTI-KICKBACK AFFIDAVIT Yes Yes Yes j SUBMITTED I i -~'"".."-._._- --------,--,+'.--. ,--- ,. -'-...-.'.----."" ',. . "----'-- ._.._~...._.,,'"...---,~"'-_...- .._ .0'_'" j SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT "Offers from the vendors listed herein are the only offers BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # OS9-2821-08/CJD if any~ are hereby rejected as late" .. .....'" VENDORS Centerline Utilities , Chaz Equipment Co. Inc. Community Asphalt Corp. 15159 101st Terrace N. 3180 Fairlane Farms Rd. Ste 1 7795 Hooper Road Jupiter, FL 33478 Wellington, FL 33414 West Palm Beach, FL 33411 Attn: Frederick H. Chesney Attn: Robert H. Wight Attn: John Norris Telephone: 561-689-3917 Telephone: 561-333-2109 Telephone: 561-790-6467 Fax: 561-689-0017 Fax: 561-333-2180 Fax: 561-790-1073 CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Yes/Not a Minority Owned Yes/Not a Minority Owned BUSINESS Business Business Business CONFIRMATION OF A DRUG FREE Yes Yes Yes WORKPLACE SUBMITTED TRENCH SAFETY ACT SUBMITTED Yes Yes Yes SAFETY PROGRAM COMPLIANCE Yes Yes Yes SUBMITTED SCHEDULE OF SUBCONTRACTORS Yes Yes Yes SUBMITTED SITE INSPECTION FORM Yes Yes Yes SUBMITTED EVIDENCE OF POSSESSION OF REQ'D Yes Yes Yes LICENSES AND/OR BUSINESS PERMITS SUBMITTED COMMENTS ! SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT "Offers from the vendors listed herein are the only offers BID DUE DATE: SEPTEMBER 23,2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation. BID # 069-2821-08/CJD if any, are hereby rejected as late" VENDORS Foster Marine Contractors, Inc. H & 0 Construction Company, Inc. H & J Contracting, Inc. 7313 Westport Place 1805 S. 25th Street Ste 2 3160 Fairlane Farms Rd. West Palm Beach, FL 33413 Ft. Pierce, FL 34947 Wellington, FL 33414 Attn: Lary Brennen Attn: Michael Dihiacome Attn: Dino G. Marini II Telephone: 561-683-0034 Telephone: 772-429-1620 Telephone: 561-791-1953 Fax: 561-683-0335 Fax: 772-429-1628 Fax: 561-795-9282 RECEIPT OF ADDENDUM # 1 Yes Yes Yes ...- RECEIPT OF ADDENDUM #2 Yes Yes Yes -~~----- RECEIPT OF ADDENDUM #3 Yes Yes Yes -~ PROPOSAL (REVISED PROPOSAL PAGE) $1,011,872.00 $769,666.75 $794,819.00 (FROM ADDENDUM #3) Corrected: $814,513.75 Yes Yes .._......'.'.~.'"~ ~-" Yes ._.--~- ~ ..~.. UNI (4) vv I'-V SUBMITTED Yes Yes .~ r- I:SAK VI '"'' I yes SUBMITTED . .. 5% BID BOND SUBMITTED Fidelity & Dep. Company of First Sealord Surety Inc. Liberty Mutual Insurance Maryland Company --_,"---'-~'-'~ ...._- _.._._-----~-... .. ----_.- STATEMENT OF QUALIFICATIONS Yes Yes Yes SUBMITTED "~_._'--~ ^..----,...---- "~._-_.,.~.~~.""~---_.- --,~-_._'-~-_.~" .. -'--- --I NON-COLLUSION AFFIDAVIT Yes Yes Yes SUBMITTED -_...- ~._---"--_. ,- _.- t-. .~ ANTI-KICKBACK AFFIDAVIT Yes Yes Yes i SUBMITTED i ... .-.."..-"-"--.'.' . ---.----..- '--.--.-..-- .-.--.. .. ....-- --..------.--... ..-."." - -~~_.._~._._--'"". __A'._~'__"_'_"_".__ ~,_'._____.__. .~..________." ~ J SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT "Offers from the vendors listed herein are the only offers BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 069-2821-08/CJD if any, are hereby rejected as late" VENDORS Foster Marine Contractors, Inc. H & D Construction Company, Inc. H & J Contracting, Inc. 7313 Westport Place 1805 S. 25th Street Ste 2 3160 Fairlane Farms Rd. West Palm Beach, FL 33413 Ft. Pierce. FL 34947 Wellington, FL 33414 Attn: Lary Brennen Attn: Michael Dihiacome Attn: Dino G. Marini II Telephone: 561-683-0034 Telephone: 772-429-1620 Telephone: 561-791-1953 CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Yes/Not a Minority Owned Yes/Not a Minority Owned BUSINESS Business Business Business CONFIRMATION OF A DRUG FREE Yes Yes Yes WORKPLACE SUBMITTED TRENCH SAFETY ACT SUBMITTED Yes Yes Yes SAFETY PROGRAM COMPLIANCE Yes Yes Yes SUBMITTED SCHEDULE OF SUBCONTRACTORS Yes Yes Yes SUBMITTED SITE INSPECTION FORM Yes Yes Yes SUBMITTED EVIDENCE OF POSSESSION OF REQ'D Yes Yes Yes LICENSES AND/OR BUSINESS PERMITS SUBMITTED COMMENTS SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT "Offers from the vendors listed herein are the only offers BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 069-2821-08/CJD if any, are hereby rejected as late" VENDORS Man Con. Inc. Master Excavators, Inc. 3460 SW 11 th Street 9950 SW 168th Terrace Deerfield Beach, FL 33442 Miami, FL 33157 Telephone: 954-427-0230 Telephone: 305-238-0119 Fax: 954-427-8133 Fax: 305-251-8301 Attn: Gu A. Mancini Attn: Marco Garcia-Menocal RECEIPT OF ADDENDUM # 1 Yes Yes RECEIPT OF ADDENDUM #2 Yes Yes _.~""'- RECEIPT OF ADDENDUM #3 Yes Yes ._~-~_.~, --"-"---'-'"-""'-'~' -_.- PROPOSAL (REVISED PROPOSAL PAGE) $648,731.50 $714,069.50 (FROM ADDENDUM #3) -- ....--_.- -_..~------_.",~-~_.-"<~.",------~-' es es SUBMITTED es es SUBMITTED _.~.~_.~,.._-~~--~ ~"~ --- 5% BID BOND SUBMITTED The Hanover Ins. Company Developers Surety & Indemnity Company ----- -- -_._~"_.<~~,_._~,._-_..~.."'-'~ -_. _. ~~=.__U~".____~" STATEMENT OF QUALIFICATIONS Yes Yes SUBMITTED ---~-,~. ._-.- -"._._".~,~ ~~~- --- --,-.--'-.-,-----'-.'.",-. I NON-COLLUSION AFFIDAVIT Yes Yes SUBMITTED I I ---..- -j ANTI-KICKBACK AFFIDAVIT Yes Yes ~ ! ISUBMITTED ! --------,-,_...,..>--,...~"- ---_...._._"_.__._~, - '." ,~..._-_._~,...._,,---,---~_.,-~---,- J SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT "Offers from the vendors listed herein are the only offers BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation. BID # 069-2821-08/CJD if any, are hereby rejected as late" VENDORS Man Con, Inc. Master Excavators, Inc. 3460 SW 11th Street 9950 SW 168th Terrace Deerfield Beach, FL 33442 Miami, FL 33157 Telephone: 954-427-0230 Telephone: 305-238-0119 Fax: 954-427-8133 Fax: 305-251-8301 CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Yes/Not a Minority Owned BUSINESS Business Business CONFIRMATION OF A DRUG FREE Yes Yes WORKPLACE SUBMITTED TRENCH SAFETY ACT SUBMITTED Yes Yes SAFETY PROGRAM COMPLIANCE Yes Yes SUBMITTED SCHEDULE OF SUBCONTRACTORS Yes Yes/None SUBMITTED SITE INSPECTION FORM Yes Yes SUBMITTED EVIDENCE OF POSSESSION OF REQ'D Yes Yes LICENSES AND/OR BUSINESS PERMITS SUBMITTED COMMENTS SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT I 81lJ #069-2821-081c.m RECOMMENDATION - CHAZ EQUIPMENT SE Federal Hwy Corridor American Engineering and Aspbalt Consultants, Ine. a & B Underground Centerline Utilities, IDe. Chaz Equipment Devdonment Corn. Contractors. Ine. ITEM DESCRIPTION EST. UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE oTY SECTION 1 - WATER MAIN DISTRIBUTION SYSTEM IMPROVEMENT 11 F&I 6" DIP waler maio -_. 4.775 LF $ 40.00 $ ]9].000.00 $ 43.00 $ 205.325.00 $ 47.00 $ 224.425.00 $ 44.]5 $ 210.816.25 $ 36.25 $ 173.09375 12 F&I new fire hydrant assemblv 12 EA $ 3.200.00 $ 38,400.00 $ 3.790.00 $ 45.480.00 $ 3.000.00 $ 36,000.00 S 3.600.00 $ 43,200.00 $ 3.00000 $ 36.000.00 1.3 F&16" RWGV 8 EA $ 800.00 $ 6,400.00 S 850.00 S 6,800.00 $ 900.00 $ 7,200.00 S 1.000.00 $ 8,000.00 $ 750.00 $ 6.00000 1.4 F&I 6"X6" tanoinl! saddle & valve 4 EA $ 4.500.00 $ ]8,000.00 $ 3.355.00 $ 13,420.00 $ 3,000.00 S 12,000.00 $ 4,500.00 $ 18,000.00 $ 4.00000 $ 16,000.00 _. 1.5 F&II" water service installation (brass 65 EA $ 550.00 $ 35,750.00 $ 520.00 $ 33,800.00 $ 360.00 $ 23,400.00 $ 800.00 S 52000.00 $ 300.00 $ 19,500.00 1.6 F&I 1..5" water service installation brass 24 EA $ 775.00 S 18.600.00 S 860.00 $ 20,640.00 S 600.00 $ 14,400.00 S 1.300.00 S 31,200.00 $ 575.00 $ 13.800.00 1.7 F&ll" nolI nntablewater service~ 990 LF S 11.00 $ 10.890.00 S 5,00 S 4.950.00 S 22.00 $ 21,780.00 S 3.00 S 2,970.00 $ 3.25 $ 3.217.50 1.8 F&ll.5" palf Dotable water service ninl" 525 LF $ 12.00 S 6,300.00 S 6.00 $ 3,]50.00 $ 18.00 S 9,450.00 $ MO S ].050.00 $ 4.50 $ 2,362.50 1.9 F&ll" cooner ootahle water service niN" 880 LF S 18.00 S 15,840.00 S 12.00 S 10,560.00 S 28.00 $ 24.640.00 S 10.00 $ 8.800.00 $ 1100 S 9.680.00 110 FIB 1.5" conoer notable water service line 280 LF S 30.00 $ 8,400.00 S ]8.00 $ 5,040.00 S 30.00 S 8.400.00 $ 16.00 S 4.480.00 $ 16.00 $ 4.480.00 1.11 F&14" PVC nine sleevellon. side/no1;- 1.000 LF S 8.00 $ 8,000.00 S ]8.00 $ ] 8,000.00 $ ]5.00 S 15,000.00 S 4.00 S 4 000.00 $ 14.00 $ 14.000.00 1.12 F&I In-Davement water service-gate valve box 21 EA $ 225.00 $ 4,725.00 S 155.00 S 3,255.00 S 100.00 $ 2.100.00 S 250.00 S 5,250.00 $ 200.00 $ 4.200.00 1.13 F &1 oerrnanent sample stations 5 EA S ].225.00 S 6,]25.00 S ],300.00 S 6,500.00 S 1,300.00 S 6,500.00 $ 2.000.00 $ 10,000.00 $ 1.45000 $ 7.250.00 1.14 Install & remove 6" line~stcm- 4 EA S 4,275.00 $ ]7,]00.00 S 3.080.00 $ 12.320.00 S 300.00 $ ],200.00 $ 4.000.00 $ ] 6,000.00 $ 3.350.00 $ 13.400.00 SUB-TOTAL SECTION I $ 385.530.00 $ 389,240.00 $ 406,495.00 S 415.766.25 $ 322.983.75 SECTION 2 - STORMW ATER SYSTEM IMPROVEMENTS -- -.- -- I--- -- 2.1 F &1 T vne C inlet oer FDOT 14 EA S 3,350.00 S 46.900.00 S 1.750.00 $ 24,500.00 S 2.400.00 $ 33,600.00 S 1,600.00 $ 22,400.00 $ U5000 $ 18.900.00 2.2 F&112" HDPE 345 LF $ 30.00 $ 10,350.00 S 31.00 $ 10.695.00 S 22.00 S 7.590.00 $ 32.00 $ 1],040.00 $ 3300 $ 11.385.00 r- 2.3 F&115" HOPE -~------ --- 440 Lf S 40.00 $ 17,600.00 $ 34.00 $ ]4,960.00 S 26.00 $ 11,440.00 S 34.00 $ ]4,960.00 $ 36.00 $ 15.840.00 L 2.4 F&112" RCP 95 LF $ 50.00 $ 4,750.00 $ 48.00 S .- 4560.00 $ 60.00 $ 5,700.00 $ 59.00 $ 5,605.00 S 4100 $ 3.895.00 Di F&115" RCP ---- . 35 Lf $ 55.00 S 1,925.00 $ 39.00 S 1.365.00 $ 100.00 S 3.500.00 $ 57.00 S ],995.00 $ 52.00 $ 1.820.00 t 2.6 F&I BMP 18F Snouts (w/o kits 2 EA S 750.00 S 1 500.00 S 615.00 $ 1,230.00 S 1.000.00 S 2,000.00 S 900.00 $ 1.800.00 $ 625,00 $-~ 2.7 F&l BMP 12F Snouts w/o kits 1 EA $ 725,00 $ 725.00 $ 585.00 $ 585.00 S 950.00 $ 950.00 S 875.00 $ 875.00 $ 600.00 $ 600.00 2.8 Construct Swale 506 LF $ 11.00 $ 5,566.00 S 17.00 $ 8.602.00 S 20.00 $ 10,120.00 S 0.25 $ 126.50 $ 525 $ 2,656.50 ~- 29 Connect to existinn draina;:;e - 3 . EA $ 1.675.00 S 5,025.00 $ 1.450.00 $ 4.350.00 $ 1,000.00 $ 3.000.00 $ 2,000.00 $ 6,000.00 $ ...~ et--~ 2.10 Remove existinc drain;:;e structLires"- -.... ..2_ EA $ 400.00 S 800.00 $ 235.00 $ 470.00 $ 500.00 $ ] ,000.00 S 1.500.00 $ 3,000.00 $ ~ SUB-TOTAL SECTION 2 -,---- $ 95.141.00 $ - 71,317.00 .. $ 78.900.00 $ 67.801.50 -- .!.."-~ ISECTION 5 - ROADWAY/SIDEWALK - -- --- - ----- - - --- _. f-- --=t=95:: ._- 5.1 34(' S-III ASDhal1 overlay '- SY $ 7.25 $ 68.875.00 $ 5.60 $ 53,200.00 $ 6.00 S 57.000.00 $ 8.00 $ 76.000.00 700 $ $ 66.500.00 5.2 Asohalt millino 172 SY $ 40.00 $ 6,880.00 S 22.00 $ 3.784.00 S 30.00 $ 5.160.00 $ 23.00 $ 3.956.00 $ 9.10 $ 1.565.20 I..l.!..... Reolace oebble drive -.. ._-~ -' 15 SY $ 85.00 $ 975.00 $ 37.00 $ 555.00 $ 50.00 $ 750.00 $ 17.00 $ 255.00 $ 60.00 $ 900.00 L 5.4 Trench Recair . ._~=- =--_'M_~ ____ ~- CY $ 44.00 $ 66,880.00 $ 56.00 $ 85.120.00 $ 60.00 $ om_ 91.200.00 $ 50.00 $ 76,000.00 $ 4500 $ 68,400.00 ~ 55 Reclace brick drive 30 SY $ 117.00 $ 3,510.00 $ 37.00 S 1.110.00 $ 40.00 $ 1,200.00 S 55.00 $ 1.650.00 $ 85.00 $ 2.550.00 ! 5.6 Tvee 0 Curb r8"X18" with 6" curt;l- ~ LF S 55.00 S 7.975.00 $ 17.00 $ 2,465.00 $ 12.00 $ 1.740.00 $ 28.00 $ 4.060.00 $ .. 20.00 $ 2.900.00 r ---5'7 Concrete driveway apron (6" w/thick e~-~_ 630 -----SY $ 78.00 S 49.140.00 $ 50.00 $ 31.500.00 $ 45.00 $ 28.350.00 $ 70.00 $ 44.100.00 $ 6000 $ 37.800.00 1---=.=_- SUB-TOTAL SECTiON 5 _ __ -.---,- _._-- $ 204.235.00 $ 177.734.00 $ 185,400.00 - $ 206.021.00 $ 180.61520 --- ___.__,_______._.__ _____n___ ---._-- - -- ----- ~~--- '----~ .-...--. .---- ~_.- ---.---- ._~---~ -,_._- ~'aQe 1 of e SOUTHEAST FEDERAL HIGHW A Y CORRIDOR INFRASTRUCTURE IMPROVEMENl r t<.OJECT BID #069-2821-08/CJD RECOMMENDATION CHAZ EQUIPMENT SE hderal Hwy Corridor AmericaD EnglDCt'riDg and Aspbalt Consultants, IDe. B & B Underground Centerline Utilities. loCo Chu Equipment Develoomeat CoI'IL CODtnldon, b.t. ITEM DESCRIPTION EST. UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE OTY SUMMARY SECTION 1,2'" 5 Section ( - Water Main $ 385530.00 $ 389240.00 $ 406.495.00 $ 415,766.25 $ 322.983.75 Section 2 - Stormwater $ 95141.00 $ 71.317.00 $ 78.900.00 $ 67 801.50 $ 60,346.50 lSection S - ROldwav $ 204235.00 $ 177 734.00 $ 185400.00 $ 206 021.00 S 180.615.20 SUB-TOTAL BASE BID- SECTION 1,2'" 5 $ 684906.00 $ 638291.00 $ 670,795.00 $ 689588.75 $ 563.945.45 GC-1 MOBIUZA TION/DEMOBILlA TION 5% 1 LS $ 34 235.00 S 34 235.00 $ 31680.00 $ 31 880.00 $ 30 000.00 $ 30 000.00 $ 30000.00 $ 30 000.00 $ 26000.00 $ 26 000.00 GC-2 NPDES 1.5% 1 LS $ 10 270.00 $ 10 270.00 $ 2 200.00 $ 2 200.00 $ 10 000.00 $ 10000.00 $ 8 000.00 $ 8 000.00 $ 500.00 $ 500.00 GC-3 RECORD DRAWINGS 1 LS $ 12200.00 $ 12200.00 $ 8600.00 $ 6 600.00 $ 15 000.00 $ 15000.00 $ 18 000.00 $ 18 000.00 $ 5000.00 $ 5000.00 1-1 INDEMNIFICATION 1 LS $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 S 10.00 S 10.00 ALLOWANCES A-2 SFWMD DEWATERING PERMIT/FEE 1 LS Is 3000.00 $ 3 000,00 $ 3000.00 $ 3 000.00 $ 3 000.00 GRAND TOTAL - ALL ITEMS $ 744.621.00 $ 681.781.00 $ 728.805.00 $ 748,598.75 $ 598.455.45 Page2of6 SOUTHEAST FEDERAL HIGHW A Y CORRIDOR INFRASTRUCTURE IMPROVEMENT PRO.JECT - I BlIJ #069.2821-08ICJD I I - . ---- - .-.- SE Federal I-IW)' (orridor Community Asphalt Corp. Foster Marine Contractors, lne. H & D Construction Company H & J Contracting. IDe. Man COD. Inc. ITEM DESCRIPTION ;;S~ UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE SECTION I. WATER MAIN DISTRIBUTION SYSTEM IMPROVEMENT e-. II F&16" DIPwatermam 4,775 LF S 59.00 S 281.725.00 S 56.00 S 267,400.00 S 50.00 S 238.750.00 S 52.50 S 250,687.50 S 37.00 S \76,675.00 12 f&lnewfuehvdnmtassemblv 12 EA $ 3,592.00 S 43.104.00 S 4,700.00 S 56,400.00 S 4.150.00 S 49,800.00 S 3.265.00 S 39,180.00 S 3.370.00 S 40,440.00 U F&16" RWGV 8 EA S 1,173.00 S 9.384.00 S 1.200.00 S 9,600.00 S 1.400,00 S 11,200.00 S 950,00 S 7,600.00 S 830,00 S 6,640.00 14 f&16"X6" tauum>saddle & valve 4 EA S 2,275.00 S 9,100,00 S 4.300.00 S 17,200,00 S 4,350.00 S 17,400.00 S 5.530.00 S 22.120.00 S 2.940.00 S 11,760.00 I 1.5 F&J I" water service installation (brasil 65 EA S 395.00 S 25,675.00 $ 800.00 S 52,000.00 S 850.00 $ :55)50.00 $ 630.00 $ 40,950.00 S 552.00 S 35,880,00 1.6 F&\ \.5" watenervice installation (hrass> 24 EA S 910.00 S 21.840.00 S 1.200.00 S 28,800.00 S 1,275.00 S 30.600.00 S 945,00 S 22,680.00 S 950,00 S 22,800,00 1.7 F&II"nolvnotablewaterserviceoioe 990 LF S 2.00 S 1,980.00 S 16.00 S 15.840.00 S 14.75 $ 14,602.50 S 11.00 S 10.890.00 S 10.50 S 10,395.00 1.8 F&11.5"no\vDOlablewaterservicenine 525 LF S 3.00 S 1,575.00 S 17.00 S 8.925.00 S 14.25 S 7,481.25 S 12.00 S 6,300.00 S 11.00 S 5.775.00 1.9 F&II"copperpotablewaterservice ,i~ 880 LF S 16.00 S 14,080.00 S 24.00 S 21120.00 S 21.00 S 18,480.00 S 19,00 S 16.720.00 S 21.00 S 18,480.00 UO FIB U"co=ootablewalerservicenine 280 LF S 30,00 S 8.400.00 S 30.00 $ 8.400.00 S 26.00 S 7280.00 S 24.00 S 6,720.00 S 28.00 S 7.840.00 UI F&14"PVC ,ipesleevellongsideloolv 1.000 LF S 9.00 S 9.000.00 S 19.00 S 19.000,00 S 14.25 S 14,250.00 S 3,00 S 3,000.00 S 15,00 S 15,000.00 U2 F&I in.""vemenl waler servicHate valve box 2\ EA S 269,00 S 5,649.00 S 500.00 S 10,500.00 S 770.00 S 16.170,00 S 395.00 S 8,295.00 S 220.00 S 4,620,00 U3 F&I pennenenl samolestatlOns 5 EA S 1,916,00 S 9,580.00 S 1.700.00 S 8.500.00 S 1,620.00 S 8,100.00 S 1,660.00 S 8.300.00 S 1.470.00 S 7,350.00 114 InstaIl&remove6"ltne.ston 4 EA S 6.586.00 S 26.344.00 S 6.300.00 S 25.200.00 S 2.925,00 S 11700.00 S 3.080,00 S 12.320.00 S 3,490.00 S 13,960,00 SUB.TOTAL SECTION I S 467,436.00 S 548.885.00 S 501.063,75 S 455,762,50 S 377.615.00 SECTION 2 - STORMW ATER SYSTEM IMPROVEMENTS U_ ...- I 2.1 F&ITypeCmletperFUOl-- 14 EA S 2.036,00 S 28.504.00 S 3,800.00 S 53.200.00 S 2.250.00 S 31.500.00 S 2.300.00 S 32,200.00 S '.260.00 S 31.640.00 r 22 F&112" IIDPE ____,~"_.--- '45 LF S 35,00 S 12.075.00 S 60,00 S 20.700.00 S 43.00 S 14.835,00 S 26,00 S 8.970.00 S 36.50 S 12.592.50 1- 2.3 F&Il5" HOPE 440 LF S 37.00 S 16,280.00 S 62.00 S 27.280.00 S 45,00 S 19,800.00 S 27.00 S 11,880.00 S 43.80 S 19,272.00 L 24 F&I\2" RCP _ __ ____',,,'_. 95 - LF S 74.00 S 7,030.00 S 77,00 S 7315,00 S 52.00 S 4,940,00 S 36.00 S 3,420.00 S 71.00 S 6,745.00 I 2.5 F&115" RCP 35 LF S 88.00 S 3.080.00 S 66.00 S 2310.00 S 54.00 S 1,890.00 S 29,00 S 1.015.00 S 64.00 S 2,240.00 2.6 F&I 8MP 18F SnoutSlw,o kits --- 2 EA S 994.00 S 1.988.00 S 3.300.00 S 6.600,00 S \.400.00 S 2,800.00 S 740.00 S 1,480.00 S 700,00 S 1.400.00 LQ F&I BMP 12F Snouts (w/o kits) _"m __ 1 EA $ 922.00 S 922.00 S 3,200.00 S 3,200,00 S 1,875.00 S 1,875.00 S 695.00 S 695.00 S ."..64000 S 640.00 i_ 2.8 Construct Swale _~_~_ LF $ 15.00 S 7,590.00 S 17.00 S 8,602,00 S 9.50 S 4,807.00 S 3.00 S 1.518,00 S 13.00 S 6.578.00 , 29 Connect to existino drainage I 3 I EA $ 659.00 S 1,977.00 S 1.900.00 S 5.700.00 S 1.500.00 S 4,500.00 S 1.800.00 S 5,400.00 S 1.390.00 S 4.170.00 210 Remove exisbno drainane structures + 2 EA $ 958.00 S 1.916.00 S . \.900,00 S 3.800.00 S 3.000,00 S 6,000,00 S 715,00 S 1,430,00 S 700.00 S 1.400.00 SUB.TOTAL SECTION 2 _ _ ---l- $ 81.362.00 ___ ~__138,707,00 $ 92.947.00 $ 68.008,00 . _ $ 86.67750 _ ___ __ _ _ nu _L _ _ _ _' $ 48,100.00 on urooosal _ _ _ ____ SECTIONS.ROADWAY/SIDEWALK '''--r- _- _-,_ ___uu>__~ -' --- - -- --, L 5.1 34f' S-III Asphalt overlav ____ ---.... _,f95OO1"sy $ 7.00 $ 66.500.00 $ 14,00 $ 133.000,00 $ 9.75 $ 92,625,00 $ 5.85 $ 55,575,00 $ 7.25 $ 68.875.00 ~ 5.2 Asnhalt millino I 172 SV $ 13.00 $ 2,236.00 S 5.00 $ 880.00 $ 51.50 $ 8.858.00 $ 20.00 $ 3,440,00 $ 11,00 $ 1,892.00 i 53 Renlace pebble dnve -- ---T' 15 SY $ 132.00 $ 1,980.00 $ 26.00 $ 390.00 $ 250.00 $ 3.750.00 $ 80.00 $ 1.200.00 $ ---- 20.00 $ 300,00 L_..2.L_ Hench Repair. - __" _ :,:.1-"1520 I , CY $ 59.00 $ 89.680.00 $ 48.00 $ --72,960.00 $ _ 10,00 $ , 15.200,00 $ 75.00 $ 114,000,00 $ 27.00 $ -~~ I 5.5 Re lace bnck dnve I 30 I SY $ 84.00 $ 2.520.00 $ 69,00 $ 2,070.00 $ . ~ f+- 2,400,00 $ 45.00 $ 1.350,00 $ 65.00 $ 1,95000 r-' 5.6 Type D Cum (8"XI8" with 6" curbl "'1 -145T-' LF $ 24,00 $ 3,480,00 $ 50.00 $ 7,250.00 $ - 18.00 $ -'" 2.610.00 $ 14,30 $ 2.073.50 $ -'-~ T "'~ l. ' 57 Conelete drivewav aoron 16" w/lhick edge!....1-..._ 63..0. I . ..5..':_ cL- - 46,.00 $ 28.980.,00 $ -.- 48.00 $ 30.2.4.0,00 $ 35.00 $ .. - 22.050.00 $ 40.00 $ 25.200.00 $ 44,00 $ 27.720.00 IL: __~:OTALSECTIO~5 __" --t~. __=--__~ 195.~~~~ _____,__'_ $ 246:77~,00 '__ $ 147,493.00 _~_202,838.50 $ _'44.53200 SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT BID #069-2821-08/CJD SE Federal Hwy Corridor Community Asphalt Corp. Foster Marine CODtracton, Int. H & D Construction Company H & J Contracting, IDe.. Man COD, IDe. ITEM DESCRIPTION EST. UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST on VALUE SUMMARY SECTION I. Z & 5 Section 1- Water Main $ 467,436.00 $ 548.885.00 $ 501,063.75 $ 455.762.50 $ 377 615.00 Section 2. Stormwater $ 81,362.00 $ 138707.00 $ 92.947.00 $ 68008.00 $ 86.677.50 Section 5 - Roadwav $ 195.378.00 $ 246770.00 $ 147.493.00 $ 202.838.50 $ 144 532.00 SUB-TOTAL BASE BID - SECTION I, Z & 5 $ 744 174.00 $ 934.362.00 $ 741.503.75 $ 726 809.00 $ 608.824.50 GC-l MOBIUZA TION/DEMOBIUA TION 5% I LS $ 45000.00 $ 45 000.00 $ 48000.00 $ 48 000.00 I $ 30000.00 $ 30 000.00 $ 36250.00 $ 36 250.00 $ 29000.00 $ 29000.00 GC-2 NPDES 1.5% 1 LS $ 5987.00 $ 5987.00 $ 6 500.00 $ 6 500.00 $ 10000.00 $ 10000.00 $ 10 800.00 $ 10800.00 2 500.00 $ 2 500.00 GC-3 RECORD DRAWINGS I LS $ 110000.00 $ 110000.00 $ 20000.00 $ 20 000.00 $ 30000.00 $ 30000.00 $ 18150.00 $ 18150.00 5397.00 $ 5 397.00 I-I INDEMNIFICATION 1 LS $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 ALLOWANCES A-2 SFWMD DEWATERING PERMIT/FEE 1 LS $ 3 000.00 $ 3 000.00 $ 3 000.00 $ 3 000.00 $ 3 000.00 $ 3 000.00 GRAND TOTAL - ALL ITEMS $ 908.171.00 $ 1.011.872.00 Corrected $ $ 814.513.75 $ 794,819.00 $ 39907.00 $ 948.731.50 Page4of6 SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT BID #069-2821-08/CJIl SE Federal 1Iw)' Conidor Master Excavators,lne. N/A N/A NfA N/A ITEM DESCRIPTION ~~ UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE I SECTION I " WATER MAIN DISTRIBUTION SYSTEM IMPROVEMENT II F&16" DIP water mam 4.775 LF S 61.50 S 293662.50 $ S $ $ S $ $ $ t.2 F&l new fire hvdrant as.semblv 12 EA $ 3,305.00 $ 39,660.00 S $ $ $ S $ $ $ IJ F&16" RWGV 8 EA S 1.020.00 S 8,160.00 $ $ S $ $ $ -.- S $ 1.4 F&I 6"X6" tappin ,addle & valve 4 EA S 2.735.00 S 10,940.00 5 S $ $ -. $ $ $ $ I.5 F&I I" water 'elVlce m,t81latlOn (bras,) 65 EA S 569.00 S 36,985.00 S S $ S S S S S 1.6 F&I1.5"waterserviceinstaUation(brass) 24 EA S 942.00 S 22,608.00 S :) 5> $ $ $ $. $ 1.7 F&II"POlvnotablewaterservicen;De 990 LF S 9.10 S 9,009.00 $ $ $ $ S $ $ S 1.8 F&I 1.5" POlv potable waterservice oioe 525 LF S 11.00 S 5,775.00 S S $ $ S $ S $ 1.9 F&I l"coDDefDotablewaterwv;ce ,toe 880 LF S 10.50 $ 9,240.00 S $ $ S S $ $ $ LiD FIB 1.5" COODer notable water ,ervice mDe 280 LF S 16.00 $ 4,480.00 $ $ $ $ S $ $ S Lil F&14" pve pipesleevellon. ,ide/nolv 1.000 Lf S 8.80 S 8800.00 S S $ $ $ $ $ $ 1.12 F&! in~pavement water service gale valve box 21 EA S 25&.00 S 5,418.00 $ ~ S S $ $ $. S 1.13 F&I nennanent sample stations 5 EA S 990.00 S 4,950.00 $ $. $ $ $. $. $. $ 1.14 Install & remove 6" line-stoD 4 EA S 3,490.00 S \3.%0.00 S $ $ $ $. $. $ $ SUB-TOTAL SECTION I $ 473,647.50 $ S $ $ SECTION 2- STORM WATER SVSTEM IMPROVEMENTS .._~~_ __ .- -- L~- F&I TVDe e inlet Der mOT - . 14 EA $ 2,960.00 S 41.440.00 $ $ $ $ $ $ _ $ $. --.- I 2.2 F&I 12" HOPE 345 Lf S 29.00 $ 10,005.00 $ $ S $ $ $ $ $ . !~. 2.3 F&I 15" HOPE ______~~_~ -- - 440 I.F $ 35.00 $ 15,400.00 $ $ ,,$.. $ . $ $. ..:. ~ .---'- ~------== I 24 F&I 12" RCP ,_._ ._.._ 95 Lf $ 51.00 $ 4,845.00 $ ._-=-~__ __..--:. ~_.---:. ~~~, - $ . $ - $ .-'- ~...-----=- 2.5 F&I IS" RCP. 35 Lf S 48.00 $ 1.680.00 $ ---...:.t-4----- - $ . $ $. $ . $ . $ .-.- - . 2.6 F&I BMP 18F Snoutslwlo~" 2 EA $ 778.00 $ 1,556.00 $ $ . $ . S - S . S . $ - $ ------: ! 27 F&I aMP 12F Snoutslw/o kits 1 EA $ 749.00 $ 749.00 $ ._ -=-t--!.--- . $ . $ . $ . $ . S $--== 28 Construct Swale. __.._ 506 LF $ 10.00 $ 5,060.00 $ . $ ...-:. ~_---'- ~_ _.--:. ~-. -'-~. . $ . $ I 2.9 Connectloexistmodra,naoe _'._ 3 EA $ 1,485.00 $ 4,455.00 $ ~-=-~_ - $ ..:.~~-. . $ ----'-~ . $ $ I 210 Removeexistinadrainaaestructures _ 2 EA $ 913.00 $ 1,826.00 $ .$ --_~ i.~~ .. $.__. _..._ - ~~._-----_-.:.LJ---------=-~-_..- S SUB"TOTAL SECTION 2 _ ____ $ 87.016.00 _ _.!... . .-_~~__~ ...~f--- $. $ .--- 'SECTIONS-ROADWAY/SIDEWALK - -.-.. -..-~- - - -- -.-. ..-._~- ~~I------ -.-. f------- _~_ .._....... .___ _ ____ - - -.---- .---f------ - _....,-- ~ - .-.f----- -~ 51 34f'S-IIIAsphaIloverlay ...-..~---. 9500 SY $ 5.80 $ 55,100.00 $ .-.~.----~-. ~--$.~.-----:-'$-_. - .-~~-. $ $ .--~--- 5.2 ASDhalt milling 172 SY $ S.50 $ 946.00 $ __.._ ~__ $ .:.->-L-- $ $ $ - $ . f-- 5.3 Re lace pebble dnve ___._ 15 SY $ 32.00 $ 480.00 $ . $ $. - $ ,,$ $ .- -.--'- ~-~ $ --=-- ; 5.4 Trencl1 Repalt . _ _.___. 1520 CY $ 17.00 $ 25.840.00 $ -'-_ ~_.. __. _,. ~._~ $ --__ $ .~- ~.----~- -- I 5.5 _ Reolacebnckdnve 30 SY $ 43.00 $ 1.290.00 $ --rL- ..u $ . $ - $ $...~. . 1$ ~_._~ TvPe 0 Curb (B"XI8" wilh 6" curbl . 145 LF $ 11.00 $ 1.595.00 $ . _.c.. ~_ . __~. ..~$ ... _. __ - $ $ .~.!... .-.~- $.== i 57 Concretedrivewavaoron 6"Wlth'IC.kedge). J.-..~-.- SY $ 31.50 $ 19,845.00 $ __~,_ _..-:._~. - $._ - $ $.. . -_._~ - L_..._~~ I SUB"TOTAL SECTION 5 n _..J ._. $ 105.096.00 -. _ ,.!---. - ..-....... $ _.: $ --- ---'-- ~ $ . i . _~. .__ __. _._ ._._ .._._.__ L~_ ...__~L. __ ______ '-- __~__ __L-__.. L-. ~~. ...___ --~-- -. . ~ ._______..L. ':''-,1(, SOUTHEAST FEDERAL HlGHW A Y CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJI',CT BID #069-2821-08/CJD 51!: Fed~nJ Hwy Corridor Muter Excavators.lnc. N/A N/A N/A N/A ITEM DESCRIPTION EST. UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE OTY SUMMARY SECTION 1,2 I/< 5 Sectioa 1 - Water Main $ 473 647.50 $ $ $ $ S<<tioh 1- Stormwater $ 87.016.00 $ $ $ $ Section 5 . Roadwav $ 105096.00 $ $ $ $ SUB-TOTAL BASE BID -SECTION 1.2 &5 $ 665,759.50 $ $ $ $ GC-l MOBllIZA TION/DEMOBllIA TION 5% 1 LS $ 19000.00 $ 19 000.00 $ $ $ $ $ $ $ $ GC-2 NPDES 1.5% 1 LS $ 6200.00 $ 6 200.00 $ $ $ $ $ $ $ $ - GC-3 RECORD DRAWINGS 1 LS $ 20 100.00 $ 20100.00 $ $ $ $ - $ $ $ $ 1-' INDEMNIFICATION 1 LS $ 10.00 $ 10.00 $ $ $ $ $ $ $ $ ALLOWANCES A-2 SFWMD DEWATERING PERMIT/FEE 1 LS $ 3 000.00 $ $ $ - $ $ GRAND TOTAL. ALL ITEMS $ 714.069.50 $ $ $ $ $ - Page6of6 . -. -,-. . . - . ~...................., . ".<~"". ,.' ,"" --~-~ -- ../,. . ,,~~, ~,;,:,~'~';+itf,<;,1J~ .,~ II '~ .~W ."" :,IV.. _r. ." ;:....81'. '. ,~....'. .' --~._,._.. . .. lit I ... ............ ... "-'-" ..........-.... .........'.' .'. ' 1$;!.J }'~~ ' II' ~ ...~, . ~ 't..~.........t. . .w . . - .- . VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetinll: Dates in to City Clerk's Office 0 August 19, 2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18,2008 (Noon) !8J November 5,2008 October 20,2008 (Noon) 0 September 16, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) 0 October 7, 2008 September 15, 2008 (Noon) 0 December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM !8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: A Motion to award Bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA") Bid# 059-2821-08/CJD to ALLIED UNIVERSAL CORPORATION of Miami, Florida. CONTRACT PERIOD: NOVEMBER 6, 2008 TO NOVEMBER 5, 2009 EXPLANATION: On July 22, 2008, Procurement Services received and opened three (3) sealed proposals for the referenced bid. Allied Universal Corporation was the lowest, most responsive, responsible bidder overall and who meets all specifications and has provided satisfactory service in the past. Sodium Hydroxide is used at the West Water Treatment Plant to raise the pH of the product water to prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. The Utilities Department purchases eighty (80) dry tons of 25% and two hundred and seven (207) dry tons of 50% Sodium Hydroxide. Kofi Boateng, P.E., Utilities Director, concurs with this recommendation (see attached memo #08-074. The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid is to secure a source to provide the best quality Sodium Hydroxide (Liquid Caustic Soda) available at the most economical price. FISCAL IMP ACT: BUDGET ACCOUNT#: ESTIMATED ANNUAL EXPENDITURE: 401-2811-536-52-35 $230,000.00 LAST YEAR'S EXPENDITURE: - $99,980.25 down from this fiscal year due to water restrictions. Increase in cost of chemicals for this fiscal year. native as we must keep our water treatment plant operating. .-- e City Manager's Signature C~~~ Pro cur ment e Ices S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.Doc: C: Dave Ailstock -Chief Operator Barb Conboy - Utilities Manager Administration File _" :"""; ,;.;t.i~:, ',~:'!t 'i$! ~r'~1 "~i<~i,: Memorandum ,~\ ?\.\U~ Utilities # 08-074 \ .... f" e;:; c;;;;E1~C~ --,.--- ~--~ ~ -" ~ To: Carol Doppler Purchasing Agent of Financial seas ,~ '9~ . c<,. ~j From: Kofl Boateng, P.E. !~ ~~:~\-- ~ I L /' , Utilities Director ' \ Date: October 10, 2008 Subject: Sodium Hydroxide (Liquid Caustic Soda) Bid Number 059-2821-08/CJD Sodium Hydroxide (NaOH) is used at the West Water Treatment Plant to raise the pH of the product water to prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. The current bid to purchase sodium hydroxide is with Allied Universal Corporation. This bid has expired and cannot be extended. Financial Services accepted bids (Bid # 059-2821-08/CJD) for the purchase of sodium hydroxide on July 22nd, 2008. The bids were reviewed using estimated requirements of 80 dry tons of 25% and 207 dry tons of 50% as critical criteria. From this it was apparent that Allied Universal Corporation was the lowest bidder. We recommend awarding the sodium hydroxide (NaOH) bid to Allied Universal Corporation with the anticipated approximate annual usage of 60 dry tons of 25% ($80,206.80) and 155 dry tons of 50% ($148,877.50) for a total estimated usage of $229,084.30. Due to water restrictions and a reduction in pH the usage for last year was $99,980.25. The price for this product has doubled since our last bid and we are anticipating using more NaOH during the coming year. We have had good service with Allied Universal Corporation and their product has worked as expected. Please place this item on the next city commission agenda to approve the bid for $230,000 dollars for sodium hydroxide to Allied Universal Corporation. These funds are available in account number 401-2811-536-52-35 in the 2008/2009 budget. If you have any questions, please contact Bevis Pigott at 742-6420 or Dave Ailstock at 742-6953. Attachments bc: Dave Ailstock Bevis Pigott xc: Michael Low ~~," p'" M~arbara Conboy lb~ ile -..----1.aUWJ:.~J. ~~run~~v~ D~UU~ wnu ~~~~ ALL ~r~~~~~LA~~Un~AAA ~~~- ~' Carol Dopple!., Kofi ateng, Utilit:es Direct01. ANNUAL SUPPL Y OF SODIUM HYDROXIDE "Offers from the vendors listed herein are the only offers BID DUE DATE: JULY 22,2008 received timely as of the above receiving date and time. BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 059-2821-08/CJD ~~ ~ ~ ~ -*- i?- if any, are hereby rejected as late" VENDORS rnRpORATION BRENNTAG MID-SOUTH, INC. KEY CHEMICAL, INC. 3901 NW 115th AVENUE 250 CENTRAL FLORIDA PARKWAY 9503 DOVEWOOD PLACE MIAMI, FL 33178 ORLANDO, FL 32824 WAXHAW, NC 28173 Phone: (305) 888-2623 Phone: (407) 857-9310 Phone: (704) 843-9873 Fax: (305) 463-8369 Fax: (407) 851-3512 Fax: (704) 973-9281 Contact: Catherine Guillarmod Contact: Joe Funkhouser Contact: Barbara Luffman 25% SOLUTION/UNIT PRICE/DRY TON $1,336.78 $1,539.00 dry delivered $1,959.00 50% SOLUTION/UNIT PRICE/DRY TON $960.50 $1,286.00 dry delivered $1,859.00 SPECIFICATION CHECK OFF SHEETS YES YES YES SUBMITTED 5% BID BOND SUBMITTED LIBERTY MUTUAL NO CERTIFIED CK CITIZEN'S BANK $27,076.65 I CERTIFICATE OF COMPLIANCE/ YES YES YES ANALYSIS SUBMITTED MSOS SUBMITTED YES YES YES CALENDAR DAYS 3 BUSINESS DAYS 3 - 5 BUSINESS DAYS 2 -3 calendar days NUMBER OF BID PROPOSALS ONE ONE ONE SUBMITTED ANTI-KICK BACK AFFIDAVIT YES YES YES SUBMITTED MINORITY OWNED BUSINESS YES/NOT A MINORITY YES/NOT A MINORITY YES/CERTI FlED SUBMITTED OWNED BUSINESS OWNED BUSINESS DRUG FREE WORKPLACE YES YES YES COMMENTS $4000.00 minimum delivery. Prices are quarterly firm only BIDDER ACKNOWLEDGEME~T 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): JUNE 18, 2008 Bid Title: ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) Bid Number: #059-2821-08/CJD Bid Received By: JULY 22,2008, 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: JULY 22, 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: Allied Universal Corp. Federal LD. Number: 59 0776285 A Corporation of the State of: Florida Area Code: 305 Telephone Number: 888-2623 Area Code: 305 F AX Number: 463-8369 Mailing Address: 3901 N.W. 115 Ave. City/State/Zip: Miami, FL 33178 Vendor Mailing Date: July 18, 2008 Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL ~ SPECIFICA TIONS FOR "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" 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 Work: The City of Boynton Beach Utilities Department is seeking a firm price per dry ton for the purchase of Sodium Hydroxide for one (1) year to be used at the West Water Treatment Plant located at: 5469 W. Boynton Beach Blvd., Boynton Beach, Florida. ~1. Acceptable Standard: Rayon Grade - Sodium Hydroxide -1L-2. Sodium Hydroxide will be shipped as liquid caustic soda. X 3. Delivery will be a twenty (20) ton minimum load (3,135 gallons). For 50% - Minimtnn deli very for 25% is 4,000 Gallons X 4. Total Anticipated Annual Volume (not guaranteed) is 50,000 gallons, 638,000 lbs., or 80 dry tons from November 1 st - March 31 st of 25% NaOH and 65,000 gallons, 829,400 lbs. or 207 dry tons from April 1 st - October 31 st of 50% NaOH. ----X- 5. The bidder must submit a certificate of compliance and a certificate analysis, as to the composition of the product with the bid. X 6. The successful bidder's shipper is responsible for matching our receiving tank equipment with their tank discharge system. X 7. The successful bidder must supply M.S.D.S. (Material Safety Data Sheets) on the - product and conduct a one (1) hour safety seminar on site for staff who will handle this material. ---X- 8. The successful bidder will provide a representative to visit the plant a minimum of two (2) times per year to coordinate shipping, safety, unloading and to inspect the results of product on the feed system. 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued: X 9. Coordinate all deliveries between the business hours of7:00 a.m. and 4:00 p.m. - Monday through Friday \vith the exception of holidays. CAUSTIC SODA. LIQUID (SODIUM HYDROXIDE - NaOH) 25% RAYON GRADE REFERENCE LCP SPECIFICATIONS TEST METHODS SODIUM HYDROXIDE 24.0 - 26.0 % BY WT. ACS 1.17 (AS NaOH) SODIUM OXIDE 18.0 - 19.5 % BY WT. ACS 1.1 7 (Na20) SODIUM CARBONATE 0.02% (MAX.) ACS 1.15 (NmC03) SODIUM CHLORIDE 0.004% (MAX.) CCS 1.15 (N aC 1 ) SODIUM SULFATE 0.01% (MAX.) SCS 5.01 (Na2S04) IRON (Fe) 4.0 PPM (MAX.) ICS 2.06 MERCURY (Hg) 0.5 PPM (MAX.) MCS 3.07 CAUSTIC SODA. LIQUID (SODIUM HYDROXIDE - NaOH) 50% RAYON GRADE REFERENCE LCP SPECIFICA TIONS TEST METHODS SODIUM HYDROXIDE 49.0 - 51.0% BY WT. ACS 1.1 7 (AS NaOH) SODIUM OXIDE 38.0 - 39.5% BY WT. ACS 1.1 7 (Na20) -i THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SODIUM CARBONATE 0.02% (MAX.) ACS 1.15 (Na2C03) SODIUM CHLORIDE 0.004% (MAX.) CCS 1.15 (NaCl) SODIUM SULFATE 0.01% (MAX.) SCS 5.01 (Na2S04) IRON (Fe) 4.0 PPM (MAX.) ICS 2.06 MERCURY (Hg) 0.5 PPM (MAX.) MCS 3.07 5 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: Datc: July 18, 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: 25% SOLUTION: $ 1,336.78 or $1.425/Gallon SODIUM HYDROXIDE Unit Price Dry ton (Minimum Deli very 4,000 Gallons) 50% SOLUTION $ 960.50 SODIUM HYDROXIDE: Unit Price Dry ton ALL PRICES F.O.B. BOYNTON BEACH Anticipated Annual Volume is 1,467,400 pounds per year. (638,000 of 250;'0 + 829,400 of 50%) or 287 dry tons (80 of 25% + 207 of 50%). Certificate of Compliance/analysis submitted? Yes Product Brand: Sodium Hydroxide - Rayon Grade - Caustic Soda, Liquid MSDS submitted? Yes Unit Price per Dry Ton shall be firm through the Contract Period. 3 It is further agreed that the product will be delivered within work calendar days from the datc of the Purchase Order from the City. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE It' BID PROPOSAL CONTINUED............. Number of Bid Proposal prices submitted 1 Specification "check-off" sheets (Pages 3-5) submitted Yes Yes/No Allied Universal Corp. ~~~<t COMPANY NAME TURE Catherine Guillannod PRINTED NAME Executive Administrator ( 305) 888-2623 TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. L /, By: ~#~k4 NAME - SIGNA~ ',j Sworn and subscribed before me this 10 day of July ,20 08_ Printed Information: Catherine Guillarmod NAME Executive Administrator \. OOMYMWJ ~1~IL TITLE NOTARY PUBLIC, State of Florida Allied Universal Corp. at Large COMPANY ~r;.Yril;;;; TAWANA HOUSTON I.::I I). MY COMMISSION j/ DO 673865 ~" .~j EXPIRES: June 12, 2011 "'!,'Jf,iff.~~" Bonded Thru Notary Public Underwriters "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 1;..- CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO - - If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 19 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: 1) Publish a statement notifying employees that the unlawful manufacture, distribution. dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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. ~ 0Z7r..-, ~H/~6<~.. Vendo ' ature / THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 . . ~ libertY. Interchange Corporate Center 450 Plymouth Road, Suite 400 Mutual,.. Plymouth Meeting, PA. 19462-1644 Ph. (610) 832-8240 BID BOND Bond Number: N/A KNOW ALL MEN BY THESE PRESENTS, that we Allied Universal Corooration , as principal (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto City of Bovnton Beach , as obligee (the "Obligee"), in the penal sum of Fifiteen thousand Two hundred and eiqhtv-eiqht dollards Dollars ($15.288 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for:Sodium Hvdroxide 50 % NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 11th day of July ,2008 ~ (Principal) By: cather in illannod (Seal) ./ Name: Title: Executive Administrator LIBERTY MUTUAL INSURANCE COMPANY (Surety) 05aca0. By: (Seal) Attorney-in-Fact lMIC-5000 Rev. 03/04 .-.-...-.-..--.. THIS ROWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REO BACKGROUND. 20411 8R This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint FELICE VINARUB, CLAUDIA SACASA, ALL OFTHE CITY OF FT. LAUDERDALE, STATE OF FLORIDA.................".......... ................................................................. ............... .................. ...................... ............................. ............... ............ ............, ,........ ... ........................................................................................................................................................................................................ , each individually if there be more than one named, its true and lawful attorney-In-fact to make, execute, seal, acknowledge and deliver. for and on its behalf as sure~and as its act and deed, al1~ and all undertakings, bonds, recognizances and other$t,irety obli~ations in the penal sum not exceeding ONE MILLlO .. AND 00/1 00******"'******* ,,*,,** . . DOLLARS ($ 1 ,OOO~OOO.OO **** . ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents,shall be as binding upon thE' Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: .- ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the >. chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, ell execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such "tl ...:- attorneys-In-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their If) 'iij If) 0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be ~ g. as binding as if signed by the president and attested by the secretary. .~ "tl '. . .. ~, .liC .~. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact JJ : C cp >-, .8 1:: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby ~ I ...;- € authorized to appoint such attorneys-in'fact as .may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and c: I :s .'gj deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. ~ 0 120) U....I Ucp That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. >-ID ' -3 Cp 0- - ....~ IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal &. ! 16 Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 2nd day of November ....: 0 ~. ~ 2006 <( ('I) ~ ~~ a ~ LIBERTY MUTUAL INSURANCE COMPANY ... "C 0... CPC - ~ell ~.~ BYC2--~ /#. a<.~ ~ ~' c 'tV Garnet W. Elliott, Assistant Secretary .!!! 0 or;: COMMONWEALTH OF PENNSYLVANIA ss ;; c::! ~.~ COUNTY OF MONTGOMERY ~ 0) 0)'" c: 1:: ~ On this ~ day of November , 2006 , before me, a Notary Public, personally came Garnet W. Elliott. to me known, and acknowledged ~.~ 0._ that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :Eo! Ear Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. Cij.8 O~ > :; ;:. ....p..~ unto sLJbscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ~ ~ := u first above written. . .~~~ONt9~ ( . .' - ~ ~g 41 .c~' .(~ ~COMMONWtiALIHOFPENNSYlVANIA . ~ 11 E N - t: {.....t"".... I NolllriaISQaJ I ~ ~ ;('1) o .~ . l i TllUlSltPMtella. Nolil1y P<it11c lB" ". .' C C? z ul Plyr;iouih."f\'IP..M6nll;IomeryCo<omlYj y e . ..... ..' 00 ~ :iP;~'.. : My~E><piresMar.28,~.....J Ter saPastella, Notary Public ~ 10 ~ ~YL";j?. '';''V Momt." I'M.",1I<,oi. "'".""'alle" of N01Zrl% If- "!"I CERTIFICATE '~RY ~V i ' I, the undersigned, Assistan ecretary Of Liberty Mutual Insurance Company, do hereby certify thatthe original power of attorney of which the foregoing L-.J is a full, true and correct copy, is in fJJiHorce and effect on the .date of this certificate; and 1 do further certify thaUheofficer or official who executed the said power of attorney is an AssistantSetretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Artic!e XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutua/Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimiie or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon p certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the compa with the same force and effect as though manually atfixerj. /N TESTIMONY WHEREOF, I have hereunto subscribecl my name and affixed the corporate seal of the said company. this 11 r10 _ day 0' July , 2008 . III\.. · PRObJCT SPECIFICATION Page ! "tIll cii((jk "ALK'Aij 50% Caustic Soda, Rayon Grade 1'1l0f)CCTS For more information contact your Olin Representative, Specification No. Revision No. SAP Material No. Issue Date Supersedes Review Date visit \VW\v.olinchloralkaILcom or call 423-336-4850 CAP.001 12 105016 12/19/2007 7/31/2007 12/19/2012 Chemical Formula SPECIFICA nON lYPICAL ANALYSIS (Note 2) NaOH UNITS Niagara Santa Fe MIN MAX Augusta Becancour Charleston Dalhousie Henderson Mcintosh ~allc !:n~innc St. Gebriel Tacoma Tracy Reported t:haractenstIcs NaOH wt% 49.5 51.5 50.8 - - 50.7 - - - - - - - - - - 50.25 - - - - Na20 wt"l. 38.4 39.9 39.4 - - 39.3 - - - - - - - - - - 389 - - - - NaCl ppm N/A 50 15 - - 50 - - - - - - - - - - 6.5 - - - - Fe ppm N/A 2 0.8 - - 0.4 - - - - - - - - - - 0.5 - - - - Other Characteristics Carbonate, as Na2C03 wt% N/A 0.075 2000 - - 0.030 - - - - - - - - - - - - - - - - Sulfate, as Na2S04 ppm N/A 20 10.0 - - 0.3 - - - - - - - - - - - - - - - - Chlorate, as NaClO3 ppm N/A I 0.5 - - < 0.3 - - - - - - - - - - - - - - - - Nickel, as Ni ppm N/A 0.3 <0.3 - - <0.2 - - - - - - - - - - - - - - - - Copper, as Cu ppm N/A 0.3 <0.2 - - <0.2 - - - - - - - - - - - - - - - - Mercury, as Hg ppm N/A 0.0]0 0.005 - - 0.002 - - - - - - - - - - - - - - - - Mercury, as Hg ppm N/A 0.5 - - - - - - - - - - - - - - - - 0.13 - - - - Physical Properties Density @ 100 of Ib/gal ~ 12.6 Meets Criteria Density @ 38 Oc Kg/Mj ~ 1510 Meets Criteria Freezing Point ~ 5SoF (l3OC) Meets Criteria Appearance: Water-white to hazy liquid Meets Criteria QSR-IIO N/A QSR-125 N/A N/A QSR-IOO QSR-170 N/A FM- N/A N/A ISO Certificate No. 961012 US EPA Registration No. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A US EPA Establishment No. GA-OOI N/A TN-OOI N/A N/A AL-OO 1 NY -00 I N/A LA-OI N/A N/A Canadian PMRA No. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A I f this document is removed {printed, electronically copied, etc.) from Olin's Product Specification Management System it becomes an uncontrolled copy of a controlled document. The product information presented herein, while /lot guarallleed. is true and accurate to the best of our knowledge. No warranty or guarantee, express or implied, is made regarding peljormance. stability or otherwise. This mformation is not intended to he all-inclusive since the manner and conditions of use, handling, storage and other factors may involve other or additional safety or pe'jormance conSiderations. Whtle our technical personnel will be happy to respond to questions regarding safe handlmg and use procedures. the Buyer retains sole responsibility for the safe handl11lg and use of the product. Any cited product uses are for informational purposes only and Buyer should investigate and establish to Buyer's satisfactioll the suitability of each such use for Buyer's own purposes. No suzzestiolls for use are intended as. and nothinz herein shall be construed as. a recommendation to infrinze allv eXlstillZ oatents or to violate anv aoolicable law. Tf'mnl~tf' n~tf" 1 n/1 ,/07 Olin PRODUCT SPECIFICATION Page ~ or~ C111 OR /\I.I(A1 J 50% Caustic Soda, Rayon Grade I) U () n L { 1 "- For more inllJrrnatinn contact your Olin Representative. Specification No. Revision No. SAP Material No. Issue Date Supersedes Review Date visit wW\\.olinchloralkali.com or call 423-336-4&50 CAp-001 12 105016 12/19/2007 7/31/2007 12/19/2012 OTHER INFORMATION: I CONVERSIONS: To convert from ppm to weight % basis, divide ppm by 10,000. ppm - ~tg/ g mg/Kg -, TYPICAL ANALYSIS: - - means the characteristic is not part orthe product from this location: if- - is shown for all the typical analysis rrom a facility. this product is not produced at that f~lCility. N/A Not Applicable. N/E the nlCility produces the product hut no typical data has heen established, typical data will be available approximately (, to 9 months after the start of production or specification issue date. SOL Analytical results for this characteristic were below the minimum detection limit (MOL) of the standard analytical methods used. J Product meets analytical provisions of Food Chemicals Codex, 5th Edition, upon request. 4 Meets the provisions of the American Water Works Association (A WW A) B501-03 Standard. S Certified for the ANSI/NSF-60 Standard at a maximum use limit (MUL) of 100 mg/L. Olin CHLOR ALKAU PRODUCTS Product Name: Sodium Hydroxide Solution (50%) Revision Date: January 27, 2006 Revision No.: 4 OCEAN NETWORK EMERGENCY PHONE 1-888-2891-911 THIS MATERIAL SAFETY DATA SHEET (MSDS) HAS BEEN PREPARED IN COMPLIANCE WITH THE FEDERAL OSHA HAZARD COMMUNICATION STANDARD, 29 CFR 1910.1200. THIS PRODUCT MAY BE CONSIDERED TO BE A HAZARDOUS CHEMICAL UNDER THAT STANDARD. (REFER TO THE OSHA CLASSIFICATION IN SEC.I.) THIS INFORMATION IS REQUIRED TO BE DISCLOSED FOR SAFETY IN THE WORKPLACE. THE EXPOSURE TO THE COMMUNITY, IF ANY, IS QUITE DIFFERENT. I - PRODUCT IDENTIFICATION Product Name: Sodium Hydroxide Solution (SO%) ~ Synonyms: Caustic Soda, Caustic, Alkali, Lye, Caustic Lye Chemical Family: Alkali, Base Formula: NaOH ! Use Description: Neutralizing agent, sodium source Hazard Classification: Corrosive, eye and skin hazard, lung toxin Product Code: 105016, 105017, 105018, 105187, 105188, 105365 File No.: MSDS0200M I I - COMPONENT DATA This Product Composition information presented here describes the major components and their concentrations found in this product and other information as required by OSHA. This is not, and should not be interpreted, or used as, a Product Specification or a detailed chemical analysis. Established Federal OSHA PEL is provided. OSHA Agreement State PEL may be different. Product Composition CAS or Chemical Name: Sodium Hydroxide CAS Number: 1310-73-2 I Percentage Range: 45-50% Hazardous Per 29 CFR 1910.1200: Yes I Exposure Standards: I ! OSHA (PEL) * ACGIH(TLV) 1 I I ppm I mg/M3 ppm \ mg/M3 I ~-~:ihNG -;--i----:~ ~ -tN!ne----~ -- :j}- i __No2ne ---i I STEL: .-l... N/A 1 None . N/A ! None I * Federal OSHA PEL. An Agreement State OSHA PEL may be different. 1 of 9 Olin CHLOR ALKAU PRODUCTS Product Name: Sodium Hydroxide Solution (50% : Revision Date: January 27, ~(;O6 ;~e'Jisicn Nc ~~~~====~=~CAS. or-Chemicai" Name: I Water ... u .~_._.~______ __~._',__. _ H.____._ _______"__.__.',,, __ ___~__.'"__._..~...._ ,,'.__....._..... ......"_..__,__.__ CAS Number: i 7732-18-5 I -- ---- ---- --.-----.--- -- .---- -- .---- ~ Hazardous Per ~:r~;~t:;~o ~:~~~: I :~-55%---------------.----------- _"'0' " _'.._______ r-- I, Exposure Standards: I None establlshed. III - PRECAUTIONS FOR SAFE HANDLING AND STORAGE _ 'n .. _.__....__." ~____"________'____'_______~_'___"_________'_____'_'__ .." __._,__.___~____..__.__.____,.. _" ___" DO NOT TAKE ~NTERNALLY. AVOID CONTACT WITH SKIN, EYES AND CLOTHING. UPON CONTACT WITH SKIN OR EYES, WASH OFF WITH WATER. AVOID BREATHING VAPOR OR MIST. ~_.._~.~__._._________.___"_.__",._ ..._____ ____ ___ _~.__"____..__ n' ~___. ._. _ STORAGE CONDITIONS: ......__..___, ______..~._____.________.._._..__._ _....___m___.._..__.,_. ...._.. _ .___ ___~ DO NOT STORE AT TEMPERATURES ABOVE: 1300 C 266" F) PRODUCT STABILITY AND COMPATIBILITY: SHELF LIFE LIMITATIONS: Indefinite if in closed container. ---...- - INCOMPATIBLE MATERIALS FOR Aluminum, zinc, ..' wood, paper ,--In, PACKAGING: ______.________.___ n'~_ ___.__~__.__._____ .____.... INCOMPATIBLE MATERIALS FOR Acids, nitrogen containing organics, phosphorous, STORAGE OR TRANSPORT: explosives, organic peroxides, aluminum, zinc, t i,-, __ hii _~c:J <;I~~ii5:_~_cl_0.Ycl~ ()E.a:["})()Ils IV - PHYSICAL DATA Appearance: I Clear, .____.__________u_ ______..__,. ...,~ ..--.---- viscous liquid_____________ __ ~---_.- Freezing Point: I 10-120 C - . ..., ~-~_..- ,. (50-540 F: -_..__.._--------------."-- I _______..._,.....___....._,.___'.....m.... __ Boiling Point: i 130-1400 C (266-2840 F) --. I ------------------------ -. -- -- --- -.....,-. ~. Decomposi~~::i~~:P~~:~~~~: I ~~~:2-1. 53 ---~=~~~=_=_~=~=~~__ ____ ~..-...- i Bulk Density: ! Not Applicable i------- pH @ 250 C: 113 (0.5% Solution) -------------- ---- ,___ __ _______.___.____._. __________________ ____________~--.---._--..---------_--_-------m--------__.._ ____.___.___ '-__ _ Vapor Pressure @ 250 C: I Approximately equa.~_.:::~__w..':ter___ ________ ,________-;_____~9l ub i ~J:.~ y in Wa teE.:...! M i s_c i b 1. ""__ .. __ _ _ ~ VO~_~!:.2_1es~~rcent by volume:-+. 45~~___ ! Evaporation Rate: ! No Data ~-_._- I -----------.--....-.- -.- Vapor Density: No Data ---- ------- - ---~_. ------ +----~--_._------------_._- _______ __~____ Molecular Weight: I 40.01 (Active agen!:.L___ Coefficient of Oil/~~~:~ I :~n~ate -------------------- -- -- ------- -----..~-~.-.._-" " Distribution: I _. --- -_._~- - - , ___._..._...______________.....~"___._ ..____.,__".__n...____" " of a .. Olin CHLOR ALKAU PRODUCTS Product Name: Sodium Hydroxide Solution (50%) Revision Date: January 27, 2006 Revision No.: 4 V - PERSONAL PROTECTIVE EQUIPMENT REQUIREMENTS Personal Protection for Routine Use of Product: i Respiratory Protection: i If mists, or aerosols are generated and are not I I I controlled below the TLV with ventilation wear a NIOSH ! ! I approved dust/mist respirator. ! Ventilation: Use Local exhaust ventilation to maintain levels to i . below the TLV. I ~-- Skin and Eye Protection: i Wear gloves, boots, face shield with chemical goggles, i [ I apron or impermeable suit to avoid skin and eye ! i ' contact, J L____ __ _____ _________________~- ______________ . Other: i Emergency eye wash and safety showers must be made I L________________________________lY~a ~l~l~__ ~~__ the _ _~_~med~a '=-~~~~.E.~~.:_________________j Equipment Specifications (When Applicable): Respirator Type: I NIOSH N95 filter respirator, or better. ~ Protective Clothing Type: ! GLOVE TYPE: Neoprene I (This includes: gloves, boots, Ii BOOT TYPE: Neoprene I apron, protective suit,) I APRON TYPE: Neoprene ! i PROTECTIVE SUIT: Neoprene 1 VI - FIRE AND EXPLOSION HAZARD INFORMATION Flammability Data: i Explosive: I ! I Flammable: I~ ------------------J f-----.-----.--------- .sombus t ib~~4.t!.~------------ ______________._______________ _____________________ ! 1 Pyrophorlc: I No l . Flash Point: ! Not Applicable I 1 Autoignition Temperature: i Not Applicable i f--- ----------------------------;-------------.----------------------------- ------------------------------------------1 . Flammable Limits at Normal I Not Applicable h . I Atmosp erlC Temperature ! I and Pressure! i L___~_~-'?ent_"'.~_lUllle in Air) : _._________________________.__ _J NFPA Ratings: i Heal th: ! 3 Flammability: 0 --- i i Reactivity: i 1 JI l______________________________ _____________________~________ ....__.______________.___________________________________..__________________ ._m_.._ __________ HMIS Ratings: Health: 3 Flammability: I 0 .. I Reactlvlty: i 1 Extinguishing Media: Not Applicable - Choose extinguishing media suitable for surrounding mate!ialS,___ ; 3 of 9 Olin CHLOR ALKALI PRODUCTS Product Name: Sodium Hydroxide So~ution 50% Revision Date: January 27, 2006 Revlsicn No Fire Fighting Techniques and Comments: Use water to cool containers exposed to fire. Contact with reactlve metals, e.c. aluminum may result in the generation of flammable hydrogen gas. See Section XI fc~ protective equipment for fire fighting. Sodium Hydroxide may react wit~ water. 0ee Section 7). On small fires, use dry chemical, carbon dioxide. water spray, or feam ~E _!~E;J:~!~E.eS'-_l1~.e_ water.~JJ:~o_?:~~9: ql1_Ci.Tlt::~~~""s as a fog. VI I - REACTIVITY INFORMATION Conditions Under Which This Product May Be Unstable: ._---_.~._.."----~~---_._--- ._~._-- . u _____u___._n.Tempera t:.l1re~_ Al::J.C?.':':.e :. _~oEe _!i,=-chaTli: c~!..._s.~().~~r__.lm:J2.a_c_t :__l'!o E.!.,=-~i:.r i c:~~..(~1:~1:_~c:~__IJ~Ec: haE9.~~ 'ul'J~ Other: Contact with carbohydrates, aluminum, zinc, ana tin. __li~ z Ci :r::c:l()11_~..~~! ym~:r::i,~_i:l!-u~~n :_._~g.~Tlot ._()~C:l1J:: _ Incompatible Materials: Acids, nitrogen containing organics, explosives carbohydrates, phosphorous, organic peroxides _ u__ . ___nO ________________u_e.i:l.1 o'L~fla t_,,"<:l...J:1.Lc:i:rC?'<: a :LE.~n_~ Hazardous Decomposition: Contact with carbohydrates can produce carbon monoxide. Contact with aluminum, zinc. or tiG .::an l:1ydroc:len gas. Summary of Reactivity: -~-- - - ~~-~-~-~-----~-- u__._. ._____._. .__~plos:!:..~-'_l'J() Oxidizer: No - ~-_.- -~-_. -. - ---- - ---..----...--.-.--.. ___ __PyroPJ:1()E.~c : _No . ()E9.Ci_Tl_i...<:._:t:..e_r:C?~~.c:l.,,": "0_ N 0 Water Reactive: No Corros Yes VIII - FIRST AID Eyes _ __ _~~.___.___._ _ _... ___ __ __n_ Immediately flush with large amounts of water for at least 15 minutes, occasionajjy lift_ingn theupp_eE_a_nd _l()!:'.E:.r:.~X,,"~ici:3' Seek medical atter~1:ion at once. Skin -.- -- .- ----------------._-._-.--.--- Immediately flush with water for at least 15 minutes. Seek medical attention. - clothing, shoes and/or jewelry come in contact with the product, .::hey s~ould be removed imlTlediat",lyand laundered before re-use. Ingestion ~._-- -- ----------~_._._------_.~----_._._.._~---_...,----,_.-.~--_._-----~ Immediately drink large quantities of water. DO NOT induce vomiting. Seek medica" attention at once. DO NOT give anything by mouth if the person is unconscious _~ convulsions. -1 of 9 Olin CHLOR ALKAU PRODUCTS Product Name: Sodium Hydroxide Solution (50%) Revision Date: January 27, 2006 Revision No.: 4 Inhalation i If person experiences nausea, headache or dizziness, person should stop work ! immediately and move to fresh air until these symptoms disappear. If breathing is ! difficult, administer oxygen, keep the person warm and at rest. Seek medical ! attention. In the event that an individual inhales enough vapors to lose i consciousness, person should be moved to fresh air at once and seek medical i attention immediately. If breathing has stopped, artificial respiration should be i given immediately. In all cases, ensure adequate ventilation and provide : respir~tory protection before the person returns to work. _~____~_____ IX - TOXICOLOGY AND HEALTH INFORMATION Routes of Absorption I Inhalation, skin and eye contact, ingestion l Warning Statements and warning Properties i HARMFUL IF SWALLOWED. CAUSES SKIN, EYE, DIGESTIVE TRACT AND RESPIRATORY TRACT : I BURNS. CAN CAUSE LUNG DAMAGE. I Human Threshold Response Data i Odor Threshold: No data. r i--"--'---"--'-~'------'- Irritation ThreshOi-(f: No data. '---~~'--'-'-'-'--"-'--1 r--'--'---~"'-----'-------- ------.--..----..-.-.--........--.--..__.__.__..._______.1 L Immedi~~lL.!2..an~ous to Life or Health: 10 mg/M3. .__----.-J Signs, Symptoms and Effects of Exposure Inhalation i-A~:;:;:t-e;_rinh.ala.-tfon.-of.-this mater:'ialTs-Irr:rtatIng' to-thenos~mouth, throat and 'I i I lungs. It may also cause burns to the respiratory tract, which can result I in shortness of breath, wheezing, choking, chest pain, and impairment of I I lung function. Inhalation of high concentrations can result in permanent I 11 ung damage. I Chronic: I Chronic (repeated) inhalation exposure may cause impairment of lung . I function and permanent lung damage. ---.i Skin --Acute: I' Dermal-exposure can cause severe irritation and/or burns characterized by I redness, swelling and scab formation. Prolonged skin exposure may cause I permanent damage. I Chronic: i Effects from chronic skin exposure would be similar to those from single : : exrosure except for effects secondary to tissue destructio~__.___.J Eye . .. --.--;--. . ._;------- -----.-------, i Severe lrrltatlon and/or burns can occur followlng eye exposure. Dlrect contact may i I cause impairment of vision and corneal damage. __! 5 of 9 Olin CHLOR ALKALI PRODUCTS Product Name: Sodium Hydroxide Solution 150%1 Revision Date: January 27, 2006 ~eVJS1~n Ingestion Acute: Irritation and/or burns can occur to the entire gastrointestinal tract. including the stomach and intestines, characterized by nausea, ,'omit:ng. diarrhea, abdominal pain, and bleeding and/or tissue u~ceration. Ingestion causes severe damage to the gastrointestinal tract ~ith tne _______ ___.p..9teE..t::.ial to _ caus~_pe~f01:.~tio.~.:___________ _ Chronic: There are no known or reported effects from chronic exposure. Chronic ingestion of significant amounts of this product is unlike~y because -~ its acute corrosive action. ._._-------~_._- Medical Conditions Aggravated by Exposure -- ~- ~-"--~- _. .~~-~------_._---------~._~---- -~ _.._._...._--_._.._..__...--~- Asthma, respiratory and cardiovascular disease - .-".-..-,-..- '.--'--"---" --_.__.._~ ,".-..-. Interactions with Other Chemicals Which Enhance Toxicity _._u._.'u_ +___,.___.___ o'.n_... ... __"n "_____ .._..____ .__ There are no chemicals known to enhance the toxicity of the product. Animal Toxicology Acute Toxicity ----.--- ~-,----_.".,.__._- -. --------..'- Inhalation LC 50: No Data Oral LD 50: Believed to be 300 500 mg/kg. (ratl harmful if swallowed Dermal LD 50: Believed to be > 2 g/kg. (rabbit) _ "J:..r-.ri~ti9_r1.-=-_.S:~~fJes bur~._t:.()_~ye~ .and skin. Acute Target Organ Toxicity .'..__.._______._._n____.___ .... _ ____~__.__._.___..___.___._..__._ .___. _ ____ ___ This product is corrosive to all tissues contacted ana upon inhalation, may cause irritation tOurnllc.9_~rn~1TIbr:.~r1.esh<3._n9: re~:e~EClt()rJ1. tract. Chronic Target Organ Toxicity - --- .~---_._- .__._._--_._....~--~---~-------~--_._~-- - - There are no known or reported effects from repeated exposure except that secondary to burns. Reproductive and Developmental Toxicity There are no known or reported effects on reproductive function or fetal ?:E;::::_eJ_()_E~.lE;_r1.1::.u~r()rl1_""_~E.() s~~.e __to t his p r ()?:ll.C:1::.: Carcinogenicity This product s not known or reported to be carcinogenic by any reference sourCR including IARC, OSHA, NTP, or EPA. Ingestion of massive doses of sodium hydroxide has led to the development of turners of the esophagus. The relevance of these findings to cancer is unknown due to repeated tissue destruction and scar formation as a result of the corrosive natJre o f__s .CJ?:_?:ll!l"._l1Zc:l!:~ ~.c:l~ . ___ _ Mutagenicity Sodium hydroxide has been tested and was found to be non-mutagenic in the Ames assay, a bacterial DNA-repair test and in the Syrian hamster embryo SA7/SHE) .__ 6 cf 9 Olin CHLOR ALKAU PRODUCTS Product Name: Sodium Hydroxide Solution (50%) Revision Date: January 27, 2006 Revision No.: 4 [i:rans-iO!-matT;n--a-ssay~---------------- ----- . ----------.--.---.-..----.---..-.-----... ---- ---------------------------------------- i Aquatic Toxicity j Caustic soda is not lethal to fully developed fish in natural fresh waters until ~ : the pH becomes greater than 9.0: i I Lethal pH for Goldfish: 10.9 I . Lethal pH for Bluegill sunfish: 10.5 ! I I : Gambusia affinis (mosquito fish), 96 hr. LC50: 125 mg/l i i Bluegill, 48 hr. LC50: 99 mg/l . X - TRANSPORTATION INFORMATION THIS MATERIAL IS REGULATED AS A DOT HAZARDOUS MATERIAL. [ DOT Description from tbe Hazardous Materials Table 49 CFR 172.101: I Land (U.S. DOT): SODIUM HYDROXIDE SOLUTION, 8, UN1824, PG II i Water (IMO): SAME AS ABOVE i I Air (IATA/ICAO): SAME AS ABOVE i r-Hazard Label/piacard: I CORROSIVE ---------------.------------[ ,..-------------. ------------------------------------..---------'1 ~~portable ~uantity: 1000 lbs. (Per 49 CFR 172.101, Appendix) [ L___~me_~~ncy'~~ide: 154 _______________ I XI - SPILL AND LEAKAGE PROCEDURES ! FOR ALL TRANSPORTATION ACCIDENTS, CALL CHEMTREC AT 800-424-9300. lB~J?.9~t:_~l:J.~~_g.1l~_~ t ~_t Y : __ 1000 lbs. ( Pe r 40 CFR 3 02 . 4 Spill Mitigation Procedures: i Hazardous concentrations in air may be found in local spill area in the form of a II I mist, which may cause skin irritation and breathing problems. Stop source of spill I as soon as possible, if safe to do so. I Air Release: i Will normally be found in a mist form and evacuation from the mist I area is the only advisable approach. Correction of the source of ! mist is of the utmost importance. I Water Release: This material is heavier than and is soluble in water. This material is subject to emulsification and must be removed via a vacuum system or neutralized and absorbed as necessary, with various commercial absorbents, which are available. Notify all downstream industrial, municipal and public operation of this [ spill and advise them to monitor until otherwise notified. r----~---~------------ - f Land Spill: Dike or divert flow of material to a diked area as soon as possible. If necessary create an excavation large enough to contain the spill and associated neutralization materials. To reduce environmental damage. line the excavated surface with a material to which it is compatible and begin neutralization process or remove by vacuum, or pumping. 7 of 9 Olin CHLOR ALKAU PRODUCTS Product Name: Sodium Hydroxide Sol~tion (50%\ Revision Date: January 27, 2006 :;'eVl S} en !"~c Spill Residues: _._._.__._-_._._-_.__._.._-_.._----~~~--~"--~_.,~--~~~,---- ._---_._-~-~-_. Dispose of per guidelines under Section 12, WASTE DISPOSAL. This material may be neutralized for disposal; you are requested to contact OCEAK at 888-2891-911 be~ore?E!ginning any such operation. - Personal Protection for Emergency Spill and Firefigbting Situations: _."_._-_.~----,----------_._._-----_.~-----_.__.._._---_.._~---------------~-------_._---,---_.."._---_.,.- ---- . --. - ----- In case of fire use normal fire fighting equipment iincJuding self ':contained breathing apparatus: SCBA) . A hazardous ~0ysical characteristic of thisPJ:()d.uct is: corrosive XII - WASTE DISPOSAL ,""--~-------------------------- .---- -- - -... -- -- -- -. ~---- ----.-.-.--..---- If this product becomes a waste, it meets the criteria of a hazardous waste as defined under 40 CFR 261 and would have the following :SPA hazardous waste numbe,' D002. If this product becomes a waste, it will be a hazardous waste, which is subject the Land Disposal Restrictions under 40 CFR 268 and must be managed accordingl~ As a hazardous liquid waste, it must be disposed of in accordance with local, state and federal regulations in a permitted hazardous waste treatment, storage and disposal facility by treatment. CARE MUST BE TAKEN TO PREVENT ENVIRONMENTAL CONTAMINATION FROM THE USE OF THIS MATERIAL. THE USER OF THIS MATERIAL HAS THE RESPONSIBILITY TO DISPOSE OF UNUSED MATERIAL, RESIDUES AND CONTAINERS IN COMPLIANCE WITH ALL RELEVANT LOCAL, STATE k""JD FEDERAL LAWS AND REGULATIONS REGARDING TREATMENT, STORAGE k""JD DISPOSAL FOR HAZARDOUS AND NONHAZARDOUS WASTES. . --....--.-.-...-..-.---.-.-..----.- XIII - ADDITIONAL REGULATORY STATUS INFORMATION ..---.-.----'--.-------.----.---"-------- ~~~----~--~.~--~ - - - . TOXIC SUBSTANCES CONTROL ACT: This substance is listed on the Toxic Substances Control Act invento:c,;" . NSF LIMITS: NSF Maximum Drinking Water Use Concentration - 100 mg/~ d~~::/ nas i E SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT TITLE II=:: HAZARD CATEGORIES, PER 40 CFR 370.2: HEALTH: Immediate (Acute) PHYSICAL: None EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW, PER 40 CFR 355, APP .J.": EXTREMELY HAZARDOUS SUBSTANCE - THRESHOLD PLANNING QUANTITY: None Established SUPPLIER NOTIFICATION REQUIREMENTS, PER 40 CFR 372.45: None Established 8 of Olin CHLOR ALKAU PRODUCTS Product Name: Sodium Hydroxide Solution (50%) Revision Date: January 27, 2006 Revision No. : 4 XIV - ADDITIONAL INFORMATION I Change in Section XIII 1/06 ! XV - MAJOR REFERENCES il. DeFlora, Silvio, et al., Genotoxic Activity and Potency of 135 I ! Compounds in the Ames Reversion Test and in a Bacterial DNA-Repair I 2. Test. Mutation Research, Vol. 133, pp. 161-198, 1984. , ACGIH Documentation of the Threshold Limit Values and Biological I I American Conference of ! i Exposure Indices, Sixth Edition, 1997. i i Governmental Industrial Hygienists, Inc. , Cincinnati, OH. I ! I i 3. Federal Register, Vol. 53, No. 237, Friday, December 8, 1988, ! 49688-49690. 40 CFR Part 372, Sodium Hydroxide: Toxic Chemical I i Release Reporting, Community Right-to-Know. I AQUIRE Database (aquatic toxicity), Chemical Information Systems, ! 4. i Inc. (a division of PSI International, Inc.) , Towson, MD. I I TOXNET Database, U.S. National Library of Medicine, Bethesda, MD i i 5. I I i 6. Forsberg, K. , and S.Z. Mansdorf, Quick Selection Guide to Chemical I ! Protective Clothing, Second Edition, Van Nostrand Reinhold, N.Y., I 1993. i 7. 3M 1995 Respirator Selection Guide. 3M Occupational Health and ! i Environmental Safety Division, St. Paul, MN. , 1995. I Other References are available upon request. I j THE INFORMATION IN THIS MATERIAL SAFETY DATA SHEET SHOULD BE PROVIDED TO ALL WHO WILL USE, HANDLE, STORE, TRANSPORT, OR OTHERWISE BE EXPOSED TO THIS PRODUCT. THIS INFORMATION HAS BEEN PREPARED FOR THE GUIDANCE OF PLANT ENGINEERING, OPERATIONS AND MANAGEMENT AND FOR PERSONS WORKING WITH OR HANDLING THIS PRODUCT. OLIN BELIEVES THIS INFORMATION TO BE RELIABLE AND UP TO DATE AS OF THE DATE OF PUBLICATION, BUT MAKES NO WARRANTY THAT IT IS. ADDITIONALLY, IF THIS MATERIAL SAFETY DATA SHEET IS MORE THAN THREE YEARS OLD, YOU SHOULD CONTACT OLIN AT THE PHONE NUMBER LISTED BELOW TO MAKE CERTAIN THAT THIS SHEET IS CURRENT. ORC MSDS Control Group Olin Chlor Alkali 1186 Lower River Road P. O. Box 248 Charleston, TN 37310 Phone Number: (888)-658-MSDS (6737) 9 of 9 VI.-CONSENT AGENDA . ITEM C.l , CITY OF BOYNTON BEACH .. . ... ...... AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission MeetinQ Tumed in to City Clerk's Commission Meetinq Dates Turned in to City Clerk's Office Dates Office D August 19, 2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) C"') D September 2,2008 August 18, 2008 (Noon) [8] November 5,2008 October 20, 2008 (NO~ ~~ <:) -<0 D September 18, 2008 September 2, 2008 (Noon) D November 18, 2008 November 3, 2008 (N~ n "T\ 'Q.'Ol - P'IO D October 7,2008 September 15, 2008 (Noon) D December 2,2008 November 17, 2008 (I'G:.:Qn) ~-< ~:z :E:IIt U)-l D Announcements/Presentations 0 City Manager's Report :x o~ NATURE OF D Administrative D New Business t.9 :;...E..... N cr~ AGENDA ITEM [8] Consent Agenda D Legal .. ~ Code Compliance & Legal :z: D Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Staff recommends approval of Resolution R08- iJ...& to adopt a Subordination Policy for use in City Of Boynton Beach Community Improvement Housing Programs. EXPLANATION: The Community Improvement Division has had a subordination policy and procedure in place in their programs since March of 2003. However, it has been determined that this policy should be formally adopted by City Commission resolution. PROGRAM IMPACT: No changes to the program. Clients engaging the services of financial assistance through the city's Home Improvement or First Time Homebuyer program would continue to agree to and execute a subordination agreement. FISCAL IMPACT: To maintain availability of recaptured funds to further affordable housing needs. ALTERNATIVES: ~ Depart City Manager's Signature Assistant to City Manager ~ Department of Development Community Improvement Division Department Name City Attorney / Finance S:\Community Improvement\Agenda Requests\2008\CC11-05 SubordinationPolicy.doc 1 RESOLUTION NO. 08-/5-<..' 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ADOPTING /\ 5 SUBORDINA TION POLICY FOR USE IN CITY 6 OF BOYNTON BEACH HOME IMPROVEMENT 7 PROGRAMS; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, the Communit) Improvement Division has used a subordination 11 policy and procedure in their programs since March. 2003: and 12 WHEREAS. upon recommendation of staff the City Commission of the City 01 13 Boynton Beach deems it to be in the best interests of its residents and citizens to approve 14 and adopt the Subordination Policy for use in the City's Community Improvement 15 Housing Programs. 16 NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSIO]\l 17 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 18 Section 1. Each Whereas clause set forth above is hereby ratified as being true 19 and correct and incorporated herein by this reference: 20 Section 2. The City Commission of the City of Boynton Beach. Florida. 21 hereby approves and adopts the Subordination Policy for use in the City's Community 22 Improvement Housing Programs. a copy of which is attached hereto as Exhibit "\ .- 23 Section 3. This Resolution shall take effect immediately upon passage :\CA\RESO\Subordination Policy doc 1 PASSED AND ADOPTED this _ day of November, 2008. 2 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 24 Janet M. Prainito, CMC 25 City Clerk 26 27 28 29 30 (Corporate Seal) 31 :\CA\RESO\Subordination Policy.doc (f) Community Improvement Division Memorandum TO: Jim Cherot, City Attorney FROM: Octavia S. Sherrod, Community Improvement Manager THRU: Quintus Greene, Director of Development DATE: March 19,2003 RE: Subordination Agreement Policy - REVISED The following shall constitute the policy and procedure to be followed by the Community Improvement Division when lenders or citizens are requesting that a City of Boynton Beach mortgage lien be subordinated: 1. The party requesting the subordination must provide the Community Improvement Division the following information and documentation: a. Legal description of the property; b. Copy of an appraisal of the property; c. Copy of the title report conducted by the lending institution requesting the subordination; d. Copy of lenders Good faith estimate e. Copy of lenders 1003 form or equivalent (Uniform Residential Loan Application) 2. The Community Improvement Division shall review the required documentation tu determine if the request is within the guidelines as set forth for subordinating mortgages, and make a determination as to whether to recommend subordination and the amount of compensation, if any, 'A'hich should bo paid to the City in consideration of subordinating its lien. If it is our opinion to do so, a recommendation shall be made to the City Attorney's Office to prepare a Subordination Aareement for signature by the City Manager. Notice will be aiven as to the determination of staff's recommendation. However, the executed subordination aareement will not be delivered until this office has received post closing a COpy of the executed HUD 1 Settlement Statement and recorded new mortgage. Upon receipt and review, the executed subordination aareement will be forwarded to the c10sina agent's office for recordina. 3. All reauests for subordination must be accompanied by a non-refundable check made payable to The City of Boynton Beach in the amount of $50.00. 4. The City Of Boynton Beach will not subordinate their mortgage more than one ( 1 ) time with each property. OSS:dar Revised 3/2003 2ncJ revision 8/2005 3rd revision 12/2005 S:~~~~&~'IiIil'e.'<II'OC Subordination Policy & Procedure Page 2 SUBORDINATION POLICY A homeowner assisted by the SHIP or CDBG program may not refinance his or her first mortgage or take out a second mortgage unless the city agrees to subordinate its second mortgage. The policy used by the City of Boynton Beach regarding a subordination request shall be as follows: . The City does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a City of Boynton Beach Housing Rehabilitation Inspector or Construction Manager, and a contract for the proposed repairs furnished by the homeowner. . The City will not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt, as this would enable them to increase their debt for purposes other than home improvement. The City maintains that: ~ Second mortgages are provided under the SHIP program to assist with homeownership. ~ Grants are provided under the CDBG or SHIP program for the exclusive purpose of rehabilitating, enhancing and/or preserving real estate. . If the owner wants to refinance the first mortgage at a lower rate and/or for a shorter loan term, the City may subordinate if: ~ Additional money isn't being borrowed (unless its purpose is for home repair or reasonable improvements). ~ The resulting housing cost (PITI) does not exceed the housing cost (PITI) calculation of the original loan. ~ The new loan is for a fixed rate. . If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City may subordinate if: ~ The combined payments of the first and second mortgages do not exceed 35% of the gross income. ~ The loan is for a fixed interest rate. Homeowner Date Homeowner Date s:\~~~~too~~~~ . VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2 AGENDA ITEM REQUEST FORIYl 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 August 19,2008 August 4,2008 (Noon) o October 21,2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) [gI November 5, 2008 October 20,2008 (Noon) o September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3,2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve Resolution No. 08-/,;1.7 recognizing the "Building Citizenship in the Community: Back to Basics" initiative of the Florida League of Cities, Inc., and pledging support for the statewide effort. EXPLANATION: The Florida League of Cities has developed several educational programs with the goal of increasing Floridians' understanding of city governments and the services they provide. The focus of the programs to date has been K-12 civics education. However, the League is currently working towards the design, launch and management of a campaign to increase civic awareness and participation of our constituents. PROGRAM IMPACT: The campaign will provide education for our citizens that will increase their awareness of municipal issues and help them become smarter municipal services customers. Educating our citizens on the fundamentals of city services and what it takes to effectively run a city is essential as local government is forced to do more with less and still maintain the level of service demanded by the citizenry. FISCAL IMP ACT: N/ A ALTERNATIVES: Not to approve the resolution. ~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , I II II 1 RESOLUTION NO. R08- /,.:'7 2 ,., A RESOLUTION OF THE CITY COMMISSION OF -' 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RECOGNIZING THE "BUILDING CITIZENSHIP IN 6 THE COMMUNITY: BACK TO BASICS: INITIATIVE 7 OF THE FLORIDA LEAGVE OF CITIES, INC., AND 8 PLEDGING SUPPORT FOR THIS STATEWIDE 9 EFFORT. 10 11 WHEREAS. municipal government is the government closest to most citizens. with 12 tremendous daily impact upon its residents: and 13 WHEREAS, city government is administered for and by its citizens. and is 14 dependent upon public commitment to. and understanding of. its many responsibilities. and 15 city government officials and employees share the responsibility to pass along their 16 understanding of public services and their benefits: and 17 WHEREAS, Florida's citizenry receives public services from state, county. school 18 district and other governmental levels, educating Florida's citizens of all ages as 10 the 19 structure and function of all the levels of government, and how to be wise consumers of such 20 services is therefore critically important: and 21 WHEREAS, the Florida League of Cities and its member cities have joined together 22 to teach students and all citizens about municipal government through a variety of ditTerent 23 projects, resources and information: and 24 WHEREAS, this initiative 'Nil! make resources available to cities and their citizens 25 to utilize in furthering their goals for civic education. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 28 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirn1ed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 1 Section 2. That the City of Boynton Beach does hereby encourage all citizens, 2 city government officials and employees to utilize the opportunities and resources available 3 through this initiative. 4 Section 3. That the City of Boynton Beach does encourage educational 5 partnerships between city government and schools, as well as civic groups and other 6 organizations. 7 Section 4. That the City of Boynton Beach does support and encourage all city 8 governments to actively promote the "Building Citizenship in the Community: Back to 9 Basics" initiative. 10 PASSED AND ADOPTED by the City of Boynton Beach, this Day of 11 November, 2008. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor - Jerry Taylor 16 17 18 Vice Mayor - Jose Rodriguez 19 20 21 Commissioner - Ronald Weiland 22 23 24 Commissioner - Woodrow L. Hay 25 26 27 Commissioner - Marlene Ross 28 ATTEST: 29 30 31 32 Janet M. Prainito, CMC 33 City Clerk 34 35 36 (Corporate Seal) ----_._-~---_. 301 South Bronaugh Street, Suite 300 · Post Office Box 1757 · Tallahassee, FL 32302-1757 (850) 222-9684 · Fax (850) 222-3806 · Web site www flcitiescom October 15,2008 Dear Municipal Official: I am very humbled to serve as your President this year. The Florida League of Cities is very near and dear to my heart. The League's motto states, "Local Self Government is the Keystone of American Democracy" and I believe city government is the closest government to the people of Florida and I believe in Home Rule. I want to stand side-by-side with you to protect the Home Rule power of Florida's cities. It is true that we are facing extremely tough economic times and I believe education of our citizens, and future citizens (students), is of the utmost importance--now more than ever before. Educating our citizens on the fundamentals of city services and what it takes to effectively run a city is going to be essential as we continue to be forced to "tighten our municipal belts", do more with less, and still maintain the level of service demanded by our citizenry. Through my presidential priority: "Building Citizenship in the Community: Back to Basics" the League will design, launch and manage a campaign to increase civic awareness and participation. We will provide education for our constituents to increase their awareness of municipal issues and help them become smarter municipal services consumers. I encourage each municipality to stand with me in support of this initiative. I have attached a resolution for your council's or commission's consideration. There are 411 active municipalities in the Sunshine State it would be wonderful to have 100% participation! I appreciate your consideration of this request. Further, I would appreciate hearing about what you are doing in your municipality. I'd like to hear about your successes in citizen education and about things that didn't work as well. What do they think about city government? How can we strengthen the relationship between elected officials and the average citizen in Florida's cities, towns and villages? I hope you will share your stories with the League. I appreciate your continued dedication to the Florida League of Cities. Together. we can make a difference. . . we already have. . . we will continue to do so! Sincerely, /, c-? / ) /' I, . /' ~ '-1 /__'-~ /' Carmine Priore President. Florida League of Cities Vice Mayor, Wellington President Carmine Priore. Vice Mayor. Wellington First Vice President John Marks, Mayor, Tallahassee + Second Vice President Joy Cooper, Mayor, Hallandale Beach Executive Director Michael Sittig. General Counsel Harry Morrison, Jr. VI.-CONSENT AGENDA ITEM D. 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 August 19,2008 August 4, 2008 (Noon) o October 21,2008 October 6,2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) IZI November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17, 2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM IZI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$600.00 to The School District of Palm Beach County, The Education Network, T.E.N. from Commissioner Weiland's Community Investment Fund. EXPLANATION: Commission approval is requested for allocation of$600.00 to The Education Network, T.E.N. to assist students in our community with first quality TV productions to showcase their talents. PROGRAM IMPACT: Allocation of funds will assist 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 Ci~~ Department Name City S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: October 17, 2008 Requested by Mayor/Commissioner: Commissioner Weiland Amount Requested: $600.00 Recipient/Payee: PBC School District, The Education Network T.E.N. Description of project, program, or activity to be funded: Allocation of funds will assist in funding students in our community with first quality TV productions to showcase their talents. Dated: j :;'/l7l."?' By:/~iv~ 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. $1,000 has been used to date by the requesting Member, leaving a balance of available funds of $9,000. This request would bring the available amount down to $8,400. Accordingly: 0 There are funds available as requested Dated: o There are insufficient funds available ~ IfJ. ',.o"i? By: .., Finance DIrector Part 111- Eligibility Evaluation (to be completed by City Manager) el/ The proposed expenditure of funds will not result in improvement to private ~roperty; The recipient/payee provides services within the City of Boynton Beach; a...."/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 ./ cr'''' Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purplse. Dated:~ v(~~) 80 By: ~.) 1i.. --~~,-...~..~- ...-><---- -~._'~'- City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc THE SCHOOL DISTRICT ARTHUR C. JOHNSON, Ph.D. OF PALM BEACH COUNTY, FLORIDA SUPERINTENDENT The Education Network 505 SOUTH CONGRESS AVENUE BOYNTON BEACH, FL 33426 TELEPHONE: (561) 738-2902 FAX: (561) 738-2901 October 16, 2008 . Dear Mr. Weiland; On Saturday, November 8, 2008, Donald Trump's beautiful and exclusive Mar-a-Lago Club in Palm Beach will play host to a very special breakfast for The Education Network's (T.E.N.) very first fundraiser. If you have not been to Mar-a-Lago this is an opportunity to see this spectacular setting from the inside. T.E.N. is the TV production service for the School District of Palm Beach County located in Boynton Beach. In order to continue showcasing the accomplishments and talents of our students, and to provide educational television to the schools and to the community, there are three ways you can support us; 1) Purchase an individual ticket for Mar-a- Lago that includes breakfast, raffle and entertainment for $150.00 or purchase a table for $1500.00 that will accommodate 12 guests. 2) Donate a gift certificate or door prize for the special raffle and your name and lor business will be published in our program and all promotional materials and will also be prominently displayed for everyone to see at the event. 3) Make a donation to T.E.N. to assist students in our community with first quality TV productions to showcase their talents. All donations are tax deductible. If you have any questions please contact me at 561-738- 2972 or cell phone 561-315-4873 or by email kuppermanj@palmbeach.kJ2.ft.us Thank you for your consideration of this request and whatever support you can provide to our students. Sincerely, ,-J Jayn~rman, Community Relations Coordinator, T.E.N. Palm Beach County Schools - Rated 'A' by the Florida Department of Education 2005 www.palmbeach.k12.f1.us - . _. - - ,..""..... '. , SAVE THE DATE AND BOOK Now! r;/ahudO;?, .910;~~mbe;K 8 200c'Y TO ENJOY BREAKFAST, ENTERTAINMENT AND A SPECIAL RAFFLE AT ~ 9l&vi .. q;: o. q;\, " {lb{}" CL/Cl/JC- C!/- =::1~ C1ritO u , TO SUPPORT THE PRODUCTION OF HIGH QU.t\ EDUCATIONAL PROGRAMMING FOR OUR C~t:'" ,;~;"'}~'::::'~}i:f;'" . ",,1' $150 PER PERSON $1,500 TABLE OF 12 MORE INFORMATION TO FOLLOW QUESTIONS, PLEASE CALL: (561) 738-2972 ~~.. UNIVERSAL CREDIT CARD AUTHORIZATION Check One: VISA' D -'-'- CREDIT CARD NUMBER EXPIRATION DATE . D NAME AS IT APPEARS ON YOUR CARD CARD SECURITY CODE .11 <-> D MAILING ADDRESS - STREET DAYTIME PHONE CITY STATE I PROVINCE I COUNTRY POSTAL CODE D$ 150.00 Ticket For: E3: Education Everywhere for Everyone Breakfast D$ 1500.00 Table of 12, Names: ............................................................................................................. .a........................................................................................................................................ .......................................................................................................................................... D$ For: additional 'tax deductible' donation for Children's Educational Television Programming $_ Science ..... .......... ...................................... ..... ..... ................ ....... ..... ............ $_ Mathematics.................................................................................... .......... ... $_ Language Arts..... ................................. ....................... ..... ............... ......... ..... $_ Multicultural.................... .............................. ...................................... .......... $_ Other (please specify) ..... ................. ............... ........... ............ .......... ............... D$ For: Unrestricted Gift (Donation): $ TOTAL CHARGE AMOUNT X YOUR SIGNATURE DATE All money generated for this program is subject to the rules and regulations of the Palm Beach County School District PLEASE MAKE CHECKS PAYABLE TO: THE EDUCATION FOUNDATION OF PALM BEACH COUNTY PLEASE FAX ALL CREDIT CARD AUTHORIZATIONS TO KAY SAMSON AT (561) 738-2901 PLEASE KEEP A COpy OF THIS CREDIT CARD AUTHORIZATION FOR YOUR RECORDS A portion of your ticket price is tax deductible 1 ~ ~ ... iEN. THE EDUCATION NETWORK o. TBI! ScllOOL DJSnucr O. PAUl BUCII CoUNTI' ENGAGING, INFORMATIVE, "EDUTAINMENT" TELEVISION... VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E. AGENDA ITEM REQUEST FORIVl 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 August 19,2008 August 4, 2008 (Noon) o October 2],2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) [gJ November 5, 2008 October 20,2008 (Noon) 0 September 18,2008 September 2, 2008 (Noon) o November] 8, 2008 November 3,2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November ]7,2008 (Noon) 0 Announcements/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: Authorize the use of$500.00 to The School District of Palm Beach County, The Education Network, T.E.N. from Commissioner Ross's Community Investment Fund. EXPLANATION: Commission approval is requested for allocation of$500.00 to The Education Network, T.E.N. to assist students in our community with first quality TV productions to showcase their talents. PROGRAM IMP ACT: Allocation of funds will assist the above program. FISCAL IMP ACT: (Include Account Number where funds will come from) 00 I -111 0-51 1-95-47 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 ~signaM' Assistant to City Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: October 20,2008 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $500.00 Recipient/Payee: PBC School District. The Education Network T .E.N. Description of project. program, or activity to be funded: Allocation of funds will assist in funding students in our community with first quality TV productions to showcase their talents. Dated: )c/-:;,o/04; By: d~ {.,j ..td 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. $1,500 has been used to date by the requesting Member, leaving a balance of available funds of $8,500. This request would bring the available amount down to $8,000. Accordingly: o There are funds available as requested ::J There are insufficient funds available a Dated: I b .)..U. l'~ By: Part 111- Eligibility Evaluation (to be completed by City Manager) er"/ The proposed expenditure of funds will not result in improvement to private property; ~ 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 . pf 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: \ O-(;J.C: C" oCV Bv: ~~_._-'L__ City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc . .. . THE SCHOOL DISTRICT ARTIiUR C. JOHNSON, Ph.D. OF PALM BEACH COUNTY, FLORIDA SUPERINTENDENT The Education NetworK ~ q 505 SOUTIi CONGRESS AVENUE ~BEACH ~ BOYNTON BEACH, FL 33426 TELEPHONE: (561) 738-2902 FAX: (561) 738-2901 October 16,2008 Dear Mr. Weiland: On Saturday, November 8, 2008, Donald Trump's beautiful and exclusive Mar-a-Lago Club in Palm Beach will play host to a very special breakfast for The Education Network's (T.E.N.) very first fundraiser. If you have not been to Mar-a-Lago this is an opportunity to see this spectacular setting from the inside. T.E.N. is the TV production service for the School District of Palm Beach County located in Boynton Beach. In order to continue showcasing the accomplishments and talents of our students, and to provide educational television to the schools and to the community, there are three ways you can support us: 1) Purchase an individual ticket for Mar-a- Lago that includes breakfast, raffie and entertainment for $150.00 or purchase a table for $1500.00 that will accommodate 12 guests. 2) Donate a gift certificate or door prize for the special raflle and your name and lor business will be published in our program and all promotional materials and will also be prominently displayed for everyone to see at the event. 3) Make a donation to T.E.N. to assist students in our community with first quality TV productions to showcase their talents. All donations are tax deductible. If you have any questions please contact me at 561-738- 2972 or cell phone 561-315-4873 or by email kuppermanj@palmbeach.k12.fl.us Thank you for your consideration of this request and whatever support you can provide to our students. Sincerely, ~ Jayn~erm.an, Community Relations Coordinator, T.E.N. Palm Beach County Schools - Rated 'A' by the Rorida Department of Education 2005 www.paImbe8ch.k12.ft.us - - . -. . - . - .. .. , -~ " \ -All Champions for Children's Educatioll- SAVE THE DATE AND BOOK Now! (j&~, StV'~ c5: 2008 TO ENJOY BREAKFAST, ENTERTAINMENT AND A SPECIAL RAFFLE AT m;; 9K;; ~ ~ ife -/... <' !/Jt-a-~ vUW TO SUPPORT THE PRODUCTION OF HIGH QU EDUCATIONAL PROGRAMMING FOR OUR $150 PER PERSON $1,500 TABLE OF 12 MORE INFORMATION TO FOLLOW QUESTIONS, PLEASE CALL: (561) 738-2972 ...........'" UNIVERSAL CREDIT CARD AUTHORIZATION Check One: VISA' 0 _I- I CREDIT CARD NUMBER EXPIRATION DATE .. 0 NAME AS IT APPEARS ON YOUR CARD CARD SECURITY CODE .11I <-> 0 MAILING ADDRESS - STREET DAYTIME PHONE CITY STATE I PROVINCE I COUNTRY POSTAL CODE 0$ 150.00 Ticket For: E3: Education Everywhere for Everyone Breakfast 0$ 1500.00 Table of 12, Names: ......... .... ...................................... ........ .... ........... ... ................. .... ........ '" ................................................................................................................................................ ............................................................................................................................................ 0$ For: additional 'tax deductible' donation for Children's Educational Television Programming $_ Science ....................................................................................................... $_ Mathematics.. ...... ........ ..... ........................ ...... ........ ......... ..... ...... ............. ..... $~ Language Arts................................. ....... ........................................... ............ $_ Multicultural................................................. .................................... ............. $_ Other (please specify) .......... .......... .......... ............ .................. ......... ................ 0$ For: Unrestricted Gift (Donation): $ TOTAL CHARGE AMOUNT X YOUR SIGNATURE DATE All money generated for this program is subject to the rules and regulations of the Palm Beach County School District PLEASE MAKE CHECKS PAYABLE TO: THE EDUCATION FOUNDATION OF PALM BEACH COUNTY PLEASE FAX ALL CREDIT CARD AUTHORIZATIONS TO KAY SAMSON AT (561) 738-2901 PLEASE KEEP A COPY OF THIS CREDIT CARD AUTHORIZATION FOR YOUR RECORDS A portion of your ticket price Is tax deductible 1 ~i~N. "~A THE EDUCATION NETWORK 0.1111I SaIooL Dtsnucr 01' PAUl Buca Co1lII'IT ENGAGING, INFORMATIVE, "EDUTAINMENT" TELEVISION... 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 Citv Clerk's Office D August 19, 2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) rgJ November 5, 2008 October 20, 2008 (Noon) D September 16,2008 September 2, 2008 (Noon) D November 18,2008 November 3, 2008 (Noon) D October7,2008 September 15,2008 (Noon) D December2,2008 November 17,2008 (Noon) D AnnouncementslPresentations D City Manager's Report 0 n::; NATURE OF D Administrative D New Business g ~;; AGENDA ITEM rgJ Consent Agenda D Legal -t ("') .". I\.) z-_ D Code Compliance & Legal Settlements D Unfinished Business 0 ~~ D Public Hearing D ~ ~~ ~ 0% RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,0~ fOrii.. . months of August & September 2008. UD , EXPLANATION: : Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTE~~Y! ~g~ ~ ~ A"i'tanttOCity~, .~ Pm,,,, , . t ~'" City A""m'~" S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR AUGUST & SEPTEMBER 2008 1. Vendor: S & F Construction Purchase Amount: $30,021 4c1' Requesting Department: Engineering Contact Person: George Mantell Date: 8/1/08 Brief Description of Purchase: Sidewalk Installation South Atlantic Drive, Ocean Parkway & Grove Rd. Source for Purchase: School Board Bid #03-C-75PA Fund Source: 302-4905-580-63-24 2 Vendor: Boyle Engineering Corp Purchase Amount: $19,995.00 ! Requesting Department: Facilities Contact Person: Paula LeBlanc Date: 8/18/08 Brief Description of Purchase: Consulting Services to install an underground Storage Tank at Fire Station #3 I Source for Purchase: RFQ #017-2821-07/CJD Fund Source: 302-4199-580.64-02 i 3 Vendor: S & F Construction Purchase Amount: $14,489.00 I Requesting Department: Engineering Contact Person: George Mantell Date: 8/22/08 Brief Description of Purchase: Sidewalk Repairs Ocean Ave. SW 18th and 22nd Street Source for Purchase: School Board Bid #03-C-75PA Fund Source: 302-4905-580.63-24 4 Vendor: Insight Public Sector Purchase Amount: $15,055.65 Requesting Department: Fire Rescue Contact Person: Amy McDeavitt Date: 8/29/08 Brief Description of Purchase: (5) Panasonic Tough Books, power adapter for vehicles and warranty Source for Purchase: City of Tucson/ IPA Contract Fund Source: 001-2210-522.64-15 5 Vendor: Madsen Barr Purchase Amount: $18,413.00 ! Requesting Department: Utilities Contact Person: Tony Lombardi Date: 9/29/08 Brief Description of Purchase: Emergency Repair of wastewater gravity main line at 815 Canal Drive in Chapel Hill Source for Purchase: Bid# 065-2821-07/JA Fund Source: 401-2815-536-46.42 Page 1 6 Vendor: Driveway Maintenance, Inc. Purchase Amount: $20,887.00 equesting Department: Engineering Contact Person: George Mantell Date: 8/29/08 Brief Description of Purchase: Replace Asphalt Sidewalk on SW 3rd Street Source for Purchase: Piggy Back FAU Bid#05A-451 Fund Source: 302-4905-580.63-24 7 Vendor: Driveway Maintenance, Inc. Purchase Amount: $18,442.00 Requesting Department: Engineering Contact Person: George Mantell Date: 8/29/08 Brief Description of Purchase: Asphalt Sidewalks in the Meadows on Congress Ave. Source for Purchase: Piggy Back FAU Bid#5A-451 Fund Source: 302-4905-580.63-24 8 Vendor: Driveway Maintenance, Inc. Purchase Amount: $16,914.00 Requesting Department: Engineering Contact Person: George Mantell Date: 8/29/08 Brief Description of Purchase: Repairs to Asphalt Sidewalk on SW 10th Ave. Source for Purchase: Piggy Back FAU Bid#05A-451 Fund Source: 302-4905-580.63-24 9 Vendor: Driveway Maintenance, Inc. Purchase Amount: $17,404.00 ~equesting Department: Engineering Contact Person: George Mantell Date: 9/3/08 Brief Description of Purchase: Replacement of Asphalt Sidewalk in Boynton Lakes Source for Purchase: Piggy Back FAU Bid#05A-451 Fund Source: 302-4111-580.62-01 10 Vendor: Vermont Systems Purchase Amount: $15,432.00 Requesting Department: Contact Person: Dan Hager Date: 9/4/2008 Brief Description of Purchase: Replacement of the Links POS software system Source for Purchase: Sole Source to integrate with HTE Fund Source: 411-2910-572.64-14 Page 2 11 Vendor: NDI Technologies, Inc. Purchase Amount: S39.625 DC; Requesting Department: Police Contact Person: Doug Solomon Date: 9/4/08 Brief Description of Purchase: Veriplate 4 camera Pod (camera). Ready automated download of NCIC/FCIC hot list management software Source for Purchase: Piggy Back City of North Miami Fund Source: 105-3034-513.64-15 Beach Bid#2008-002 12 Vendor: COW Government Inc. Purchase Amount: $21,37599i Requesting Department: ITS Contact Person: Cathy McDeavilt Date: 9/4/08 Brief Description of Purchase: Software with Training Source for Purchase: GSA Schedule GS-35F-0195J Fund Source: 001-2220-525.64-20 13 Vendor: Concept Seating, Inc. Purchase Amount: $10,048.00 Requesting Department: Police Contact Person: Lt. Lanier Date: 9/8/08 Brief Description of Purchase: 8-Concept Seating 3150 Synchronicity II Chairs for Dispatch Personnel Source for Purchase: Quotes Fund Source: 001-1810-519.64-20 14 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 15 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: Page 3 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA - - PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081456 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/01/08 VENDOR 6836 SHIP TO: TO: S & F CONSTRUCTION INC. City of Boynton Beach 2180 SE 1ST STREET ENGINEERING DEPARTMENT BOYNTON BEACH, FL 33435 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 46857 ORDERING DEPARTMENT: PW/ENGINEERING INQUIRIES REGARDING I COMMISSION APPROVED: PURCH/\SE ORDER CAll DATE NEEDED: BID NO: (5Gl)742 G310 I EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 30021.40 DL SIDEWALK INSTALLTION S ATLANTIC, 1.0000 30021.40 OCEAN & GROVE RD REMARKS: Per attached$chea,ule of Values dated Ju~~<la,~()Og. PROCUREMENT SERVICES: P.O. TOTAL: 30021.40 ACCOUNT NO. 302-4905-580.63-24 30021.40 PI JR~HA!;JN('; DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION / MEMORANDUM NO. 08-077 TO: Carol Doppler [~ECEIVED Procurement JUL. 2 9 2008 Financial Services Department @) ~I~~" PF:OC ", . .ji~l~ i '. ~~~ FROM: George Mantell Project Manager Public Works Department- Engineering Division DATE: 07/28/2008 SUBJECT: South Atlantic Dr, Ocean Parkway & Grove Rd installation of Sidewalks Account# 302-4905-580-63-24 Project# CP0264 Please find the attached documentation for the installation of sidewalks on S Atlantic Dr, Ocean Parkway and Grove Rd. As you will notice, I have secured three quotes for this project. The prices were $30,021.40 from S & F Construction, Inc, $48,987.00 from Driveway Maintenance, Inc. and Talley Walker respectfully declined to bid. their letter is attached. After reviewing these quotes I would appreciate you department completing the necessary paperwork to issue a Purchase Order to S & F Construction, Inc. for the amount of $30,021.40. In regard to the account number noted above please allow for a 10% contingency to cover any unforeseen expenditures with the installation of the sidewalks. If you have any questions regarding this matter, please call me at 742-6990. Thank you for your help. Cc: Jeff Livergood, Director of Public Works H. David Kelley, City Engineer PE/PSM PURCHASE ORDER ~ CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.o. #: 081483 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/18/08 VENDOR 1775 SHIP TO: TO: BOYLE ENGINEERING CORPORATION City of Boynton Beach 2090 PALM BEACH LAKES BLV FACILITY MANAGEMENT SUITE 600 222 NE 9TH AVENUE WEST PALM BEACH, FL 33409 BOYNTON BEACH, FL 33435 REQUISITION NO. 46924 ORDERING DEPARTMENT: FACILITIES/RC INQUIRIES REGARDING PURCHASE ORDER CALL DATE NEEDED: BID NO: I COMMISSION APPROVED: (551 )7425310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA FIRE STATION #3- UNDERGROUND FUEL 19995.0000 19995.00 STORAGE TANK FS#3 10catectat350t~QJd:;.h ;~~~r#:wit~it~~ ... piu.p . tas~Ptd$rfbrpr.dtessi6nal.... .. a~~~~#$:p.qe:ix;.the i;$W9y<:iiancftahk clo sure .a:EJ~~$$ment of the $x$@tlngsingle~wall underground $t;gt:age t.ank . ... a1:;FS #3 per Flbridars D. E .J>. . p.~~gulations Contract ~l(FQ#017;-2821-07/CJD ~:$I>'lARKS:. . p~~ Proposal dated July 11, 2008. , PROCUREMENT SERVICES: P.O. TOTAL: 19995.00 ACCOUNT NO. 302-4199-580.64-02 19995.00 PURCHASING ,ut"'\l..nf-\'::>c UrlLJcn CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD :1+ P.O. BOX 310 __;. '.'1"~ BOYNTON BEACH, FLORIDA 33425-0310 ~-:,ATE : ~ 'I ::.: VENDOR 6836 SHIP TO: TO: S & F CONSTRUCTION INC. 2ity of Boynton Beach 2180 SE 1ST STREET ENGINEERING DEPARTMENT BOYNTON BEACH, FL 33435 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, F~ 33435 REQUISITION NO. 47005 ORDERING DEPARTMENT: PW/ENGINEERING r,,'l I J f I, DA TE NEEDED: BID NO: I COMMISSION APPROVED: I EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA SIDEWALK REPAIRS OCEAN AVE SW 14489.4500 14489.45 18TH AND 22ND ST REMARKS: piggy..:pack PBe SChQOlpistriot Bid #03C-75PA (expiration 9~9-20C8). PROCUREMENT SERVICES: P.O. TOTAL: 14489.45 .-.-----' ACCOUNT NO. PROJECT 302-4905-580.63-24 CP0263 14489.45 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P 0 #. 081510 P.O. BOX 310 .. . BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/29/08 .JDOR 5067 SHIP TO: TO: INSIGHT PUBLIC SECTOR City of Boynton Beach 218 E. ORANGE AVENUE FIRE STATION #1 LAKE WALES, FL 33853 100 E. BOYNTON BCH BLVD BOYNTON BEACH, FL 33435 REQUISITION NO. 47042 ORDERING DEPARTMENT: FIRE RESCUE INQUIRIES REGARDING PURCHASE ORDER CALL DATE NEEDED: BID ~O: I COMMISSION APPROVED: (f,G1)742-631O EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 5.00 EA CF74 C2D/2.4 13.3TCH-160GB 1GB 2660.0000 13300.00 DVDR XP .. ... . ., . VENDOR .IJt~HiQ;-CF-T4;lpagpN1 2 5.00 EA LINDf1~15g0-~7~5-~R~J{< . 101.1300 505.65 ADAE't~~ "",C~(EXTERN'ALr. ; .. 11 .1~- . ' ,,;:;';-"'\??::': :v:"~';.::.:: . VENPO:R.:r:TEM NO."' PA1580-1745 3 5.00 EA P~$ONIq PROTECTION PLUS- 250.0000 1250.00 IN$IJRANCE. . . P... :ARTS AND LABOR 3 YEARS. .-... ":-, '; ,." '. j~FOR ITEM NO.- C:&~SVCLTNF3Y ...... . . REMARKS: ... . ........... ." ... ." . N$;tional :r:;E>.APanasonic Contract #073103o;;;tbh the . C$t:yof Tusdbn. " " " PROCUREMENT SERVICES: P.O. TOTAL: 15055.65 ACCOUNT NO. PROJECT 001-2210-522.64-15 15055.65 PURCHASING PURCHASE ORDER .,..------' CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD "''', r~ #: 8158C P.O. BOX 310 -' , BOYNTON BEACH. FLORIDA 33425-0310 L)ATE: -. "I q , f VENDOR 0458 SHIP TO: TO: MADSEN/BARR CORPORATION City of Boynton Beach 12113 INDIAN MOUND RD EAST UTILITY ADMIN LAKE WORTH, FL 33467 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 47243 ORDERING DEPARTMENT: UTILITIES ADMIN HS DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COS'::' 1 1. 00 EA GRAVITY MAIN REPAIR 18413.0000 184:..,:.0 REMARKS: Emergency Repair of wastewater gravity main line at 815 Canal Drive in Chapel Hill. Confirming Purchase Order - Invoice 06-64-09 dated September 9. 2008 is attached. PROCUREMENT SERVICES: P.O. TOTAL: 18413.r ACCOUNT NO. PROJECT 401-2815-536.46-42 18413.00 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: September 15,2008 Requesting Department: Utilities Contact Person: Tony Lombardi Explanation for Purchase: The Utility Department would like to utilize their repair contract # 065-2821-07/JA with Madsen/Barr for the wastewater gravity main line repair at 815 Canal Drive in the Chapel Hill community. On August 26,2008 a section of the gravity main was placed on by-pass while we made arrangements for the necessary repairs. Madsen/Barr submitted a proposal based on unit prices from the City's repair contract. The proposal was $16,517.00. Urgent repairs were needed and the Utility Department was seeking approval ASAP to proceed. Repairs are complete and the system has restored back to normal operating conditions. Attached is the proposal, map of the area and an invoice for $18,413.00. The difference from the proposal is due to a larger section of pipe line replacement and restoration. I Recommended Vendor Madsen/Barr I I Dollar Amount of Purchase $18,413.00 I Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA 0 State Contract 0 PRIDE 0 SNAPS 0 RESPECT D Piggy-Back 0 Sole Source D Emergency Purchase 0 Other EJ Contract Number: City contract #065-2821-07/JA NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. ~c- un ource or urchase: 9/~ 401-2815-536-46.42 Gravity Sewer Main Repair tj ~ Approvals: --:= </)- q- \9-~DD ey.:~ Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Xc: Pete Mazzella Barb Conboy Tony Lombardi Dan Spooner PURCHASE ORDER ",,--- CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 1 00 EAST BOYNTON BEACH BOULEVARD it: )d~.5~. ) P.O. BOX 310 ' - . BOYNTON BEACH. FLORIDA 33425-0310 ~ATE: DB '2Q/OE VENDOR 874 SHIP TO: TO: DRIVEWAY MAINTENANCE INC. City of Boynton Beach PO BOX 10328 ENGINEERING DEPARTMENT RIVIERA BEACH, , FL 33419 100 E. BOYNTON BCH. BLvr. BOYNTON BEACH, FL 33435 REQUISITION NO. 46962 ORDERING DEPARTMENT: PW/ENGINEERING iNOl)", ' 1; I I ~ I , DATE NEEDED: BID NO: I COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 20887.00 JOB REPLACE ASPHALT SIDEWALK ON SW 1.0000 20887.00 3RD STREET Refer to Proposal 09~OB1229 for Scope ofWbrk.. REMARKS: Piggypack Florida Atlantic Uhivers:itYI3id 05A-451. .- PROCUREMENT SERVICES: P.O. TOTAL: 20887 C'C ._------ ACCOUNT NO. PROJECT 302-4905-580.63-24 CP0263 20887.00 ",..,.-~""..,---,_.,_._.."_._,- PURCHASING PURCHASE ORDER ~ CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.o. #: 081511 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/29/08 , .~DOR 874 SHIP TO: TO: DRIVEWAY MAINTENANCE INC. City of Boynton Beach PO BOX 10328 ENGINEERING DEPARTMENT RIVIERA BEACH, , FL 33419 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 46947 ORDERING DEPARTMENT: PW/ENGINEERING INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CALL DATE NEEDED: BID NO: (561)742-G310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 18442.00 JOB THE MEADOWS - ASPHALT SIDEWALKS 1.0000 18442.00 Refer to P;t:'opqSa:J; .09j()af~:2~~or scope of:w'ork.. .... . . ..> ... ... . . . .. . REMA:R~:: ' ., ...:. . ,.. :'.... PiS9Y*~Cl<:Flo:r:id.a. Atlantic titd.veJ::'$~#Y.l3id 05A-451. ":.. PROCUREMENT SERVICES: P.O. TOTAL: 18442.00 ACCOUNT NO. PROJECT 302-4905-580.63-24 CP0263 18442.00 I PURCHASING ,...._------- PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD # c:;-, P.O. BOX 310 BOYNTON BEACH FLORIDA 33425-0310 DJ\.TE: 2 ~ VENDOR 874 SHIP TO: TO: DRIVEWAY MAINTENANCE INC. 2ity of Boynton Beach PO BOX 10328 ENGINEERING DEPARTMENT RIVIERA BEACH, , FL 33419 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 47034 ORDERING DEPARTMENT: PW/ENGINEERING DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 16914.00 JOB REPAIRS TO ASPHALT SIDEWALK ON SW 1.0000 16914 00 10TH AVENUE Refer to Proposal 09-081230 for Scope of Work. REMARKS: Piggyback Florida Atlantic University Bid 05A-451 PROCUREMENT SERVICES: P.O. TOTAL: 16914.0l' ACCOUNT NO. 302-4905-580.63-24 16914.00 -----' PURCHASING PURCHASE ORDER ..--- CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.o. #: 081525 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/03/08 \ OOR 874 SHIP TO: TO: DRIVEWAY MAINTENANCE INC. City of Boynton Beach PO BOX 10328 ENGINEERING DEPARTMENT RIVIERA BEACH, , FL 33419 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 47097 ORDERING DEPARTMENT: PW/ENGINEERING INQUIRIES REGARDING PURCHASE ORDER CALL DA TE NEEDED: BID NO: I COMMISSION APPROVED: (551}742531O I EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA REPLACEMENT OF ASPHALT SIDEWALK 17404.0000 17404.00 IN BOYNTON LAKES REMARKS: Scope of Work per Driveway Maintenance Proposal 09-081237 dated August 27, 2008. Piggyback Flbrida Atlantic University RFP 05a-451 PROCUREMENT SERVICES: P.O. TOTAL: 17404.00 ACCOUNT NO. PROJECT 102-4111-580.62-01 CP0263 17404.00 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA "._--.i=--.~'- , PROCUREMENT SERVICES DEPARTMENT 1 00 EAST BOYNTON BEACH BOULEVARD ,.., . P.O. BOX 310 iT, BOYNTON BEACH FLORIDA 33425-0310 i-\2.. ~t;~~ : VENDOR 8629 .3HI:? TO: TO: VERMONT SYSTEMS City of Boynton Beach 12 MARKET PLACE ~HE LINKS AT BOYNTON BCH ESSEX JUNCTION, VT 05452 8020 JOG ROAD BOYNTON BEACH, F~ 33437 REQUISITION NO. 47100 ORDERING DEPARTMENT: GOLF COURSE DA TE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA APPLICATION SOFTWARE 4250.0000 4250.C'J 2 1. 00 EA PROGRESS OPENEDGE SOFTWARE 700.0000 70e. 0 3 1. 00 EA ID HARDWARE 3595.0000 3595 0 4 1.00 EA MAGSTRIPE READER 98.0000 (~8 , (\ 5 1. 00 EA SUPPORT SERVICES-TRAINING/TRAVEL 4800.0000 4800.0C EXPENSES 6 1. 00 EA OTHER SOFTWARE AND SUPPORT 95.0000 9:: , C) 0 SERVICES 7 1. 00 EA APPLICATION SOFTWARE - 1570.0000 1 5 '7 :~! , 0 C: MAINTENANCE 8 1. 00 EA PROGRESS OPENEDGE SOFTWARE - 254.0000 ~.54.0C! MAINTENANCE 9 1. 0 0 EA SHIPPING ID CARD HARDWARD 60.0000 .:' =: C'I [1 10 1. 0 0 EA SHIPPING - MAGSTRIPE READER 10.0000 ,00 REMARKS: GolfTrac is currently SunGard's only Approved Solution Provider providing this type of service. PROCUREMENT SERVICES: P.O. TOTAL: 15432.00 -i ACCOUNT NO. system. 411-2910-572.64-14 15432.00 --------..-.----_-! PURCHASING PURCHASE ORDER . CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081533 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/04/08 ,\j DOR 1883 SHIP TO: TO: NDI TECHNOLOGIES INC. City of Boynton Beach 725 WEST SR 434 POLICE DEPARTMENT LONGWOOD, FL 32750 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 47134 ORDERING DEPARTMENT: POLICE INQUIRIES REGARDING PURCHASE ORDER CALL DA TE NEEDED: BID NO: I COMMISSION APPROVED: (5G1)742 G310 , EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA VERI PLATE 4 CAMERA POD (8 25500.0000 25500.00 CAMERA) in-car ALPR system Including 4 P362 dual TR/Col cameras, custom cables, VP-2S0 LPR processor with recognition and database modules; Verip).ate pro Client software forexistin.g Laptop; Ethernet cables (VP-250 Processor to laptop) NDI technologies 725 West SR 434, Longwood, FL 32750 (1) 321 441 1800 www.nditech.net Approved on 09-02-08 agenda consent agenda B6 (pg 3) approve piggyback of City of North Miami Beach Bid #2008-002. 2 1. 00 EA VERI PLATE VISCE (BACK OFFICE 3250.0000 3250.00 SOFTWARE) complete with advances search and mapping capabilities. Full statistical and management reporting capability. FDLE/NCIC PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. ready (automated 105-3034-513.64-15 download of NCIC/FCIC hot-list I PURCHASING PURCHASE OKlJtK CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 i1 BOYNTON BEACH. FLORIDA 33425-0310 ':.p.TF VENDOR 1883 SHIP Iro: TO: NDI TECHNOLOGIES INC. ::i t)' of Boynton Beach 725 WEST SR 434 POLICE DEPARTMENT LONGWOOD, FL 32750 '00 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REOUISITION NO. 47134 ORDERING DEPARTMENT: POLICE DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST every 3 hours) . Hot-list management software. 3 1. 00 EA VERI PLATE PREDATOR 5000.0000 5000.00 pack includes OSSI mobile CAD integration module. Single click "live check" to verify the alert with FCIC?NCIC in real time. V-Comm communications gateway with push/pull messaging technology. Dispatch and investor client software. Advanced mapping and location applications. 4 1.00 EA ON-SITE NEXT DAY SUPPORT @ 3375.0000 33/'5.00 10% (FIX/REPLACE) YEAR 1 5 1. 00 EA INSTALL, COMMISION, TRNG 2DAYS 2500.0000 2500.00 REMARKS: Deduct $500.00 if payment is made within 7 days of delivery. Deduct $300.00 if payment is made within 14 days of delivery. .- ---~ PROCUREMENT SERVICES: P.O. TOTAL: ----..--..-.. ACCOUNT NO. 105-3034-513.64-15 39625.00 ~_.._---~-~,....~... PURCHASING PURCHASE ORDER - - CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081526 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/04/08 JDOR 4598 SHIP TO: TO: CDW GOVERNMENT INC. City of Boynton Beach 230 NORTH MILWAUKEE AVE ITS DEPARTMENT VERNON HILLS, IL 60061 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 REQUISITION NO. 47099 ORDERING DEPARTMENT: ITS INQUIRIES REGARDING T COMMISSION APPROVED: PURCHASE ORDER CALL DATE NEEDED: BID NO: 1561)7426310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA F4W PAS-25 BGAN BUNDLE 17760.0000 17760.00 VENDOR ITEM NO.~ 1529648 2 1. 00 EA F4W PSI VOIP EXPANSION KIT 2615.9900 2615.99 VENDOR ITEM NO.'"' 1554491 3 1. 00 EA ONSITE DEPLOYMENT TRAINING- 8 1000.0000 1000.00 HOURS VENDOR ITEM NO.- 1459064 REMARKS: Refer to CDW-G quote LRD2189 pricing Per GSA Schedule GS-35F-0195J PROCUREMENT SERVICES: P.O. TOTAL: 21375.99 ACCOUNT NO. 001-2220-525.64-20 21375.99 PURCHASING PURCHASE ORDER --- CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 ' - - BOYNTON BEACH FLORIDA 33425.0310 .1;0:, 'l'E : r ' C~ - VENDOR 1899 SHIP TO: TO: CONCEPT SEATING INC. :::lty of Boynton Beach W226 N825 EASTMOUND DRIVE POLICE DEPARTMENT WAUKESHA, WI 53186-1690 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 47144 ORDERING DEPARTMENT: POLICE DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 8.00 EA 8-CONCEPT SEATING 3150 1199.0000 9592 00 SYNCHRONICITY II CHAIRS ***BEST OF THREE QUOTES ATTACHED**** CONCEPT SEATING INC. W226 N825 EASTMOUND DRIVE, SUITE B WAUKESHA, WI 53186-1690 1-800-892-5563 1-800-550-2298 (FAX) ****PLEASE RETURN PO TO PD***** QUOTE ATTACHED - 080808-08 DATED 8l8/08 2 1. 00 EA FREIGHT 456.0000 456.00 PROCUREMENT SERVICES: P.O. TOTAL: 10048.0: ACCOUNT NO. 001-1810-519.64-20 10048.00 I ! __u,__~..._ PURCHASING VI.-CONSENT AGENDA ITEM G. 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 Meetinl! Dates in to City Clerk's Office o August 19,2008 August 4, 2008 (Noon) o October 21,2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) (gI November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 o November 18, 2008 0 September 2, 2008 (Noon) November 3, 2008 (Noo.z:, ~::; CO ~-< o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (N~ -<<a -c n"" N ;-m 1"'1.0 - ~-< 0 Announcements/Presentations 0 City Manager's Report ;z::. ='5z:: ~-l NATURE OF 0 Administrative 0 New Business :x 0 6 0% AGENDA ITEM .." rxI Consent Agenda 0 Legal .. '"'I;l- - -M'I 01> 0 Code Compliance & Legal Settlements 0 Unfinished Business - I"IlQ 0 0 ::r: Public Hearing RECOMMENDATION: Approve a payment in the amount of $46,302 to Nowlen, Holt & Miner, P.A., Certified Public Accountants, the City's auditors, for excess time incurred in completing the audit for fiscal year ended September 30, 2007. EXPLANATION: With the departure of the three accounting positions in Financial Services in September 2007, many year-end closing and reconciliation tasks were not undertaken until we were fully staffed earlier this year. In addition, there were a number of errors made by the City in two major areas that resulted in the excess audit time incurred by the auditors. These two areas were fIXed assets in 2006 and 2007 and grants primarily related to reimbursement for Hurricane Wilma costs in 2005. Staff verified the reasonableness of the excess time incurred. PROGRAM IMPACT: We believe the circumstances causing the excess audit time is now behind us and this should not reoccur. FISCAL IMP ACT: The additional audit fee is a significant 52% increase beyond the $89,000 contract amount. ALTERNATIVES: None. o:({; ~ Department Head's Signature City Manager's Signature Assistant to City Manager ~ Financial Services IfNI Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ ~ N H NOWLEN, HOLT & MINER, P.A. -- -~~,.--.,..., --~~~~~~_._" It, M CERTIFIED PUBLIC ACCOUNTANTS EVERETT B NOWEL~~~b~~9~+ g~ WILLIAM B, MINER, CPA ROBERT W fiENDRIX, JR, CPA JANET R. BAAICEVICH CPt WEST PALM BEACH OFFICE 115 FIFTH STREET. SUITE 200 POST OFFICE BOX 347 WEST PALM BEACH. FLORIDA 33402-0347 TELEPHONE (561) 659-3060 KATHLEEN A. MINER, CPA FAX 1561; 835-0628 ROBERT W HELMREICH, CPA TERRY L. MORTON, JR" CPA N. RONALD BENNETT, CPA J. MICHAEL STEVENS, CPA DANIEL A KIRCHMAN, CPA ALEXIA G. VARGA, CPA BRIAN J, BRESCIA. PFS, CPA DONALD D. RINZEL, CPA October 14,2008 ---_.' BELLE GLADE OFFICE 333 S, E. 2nd STREET POST OFFICE BOX 338 BELLE GLADE. FLORIDA 33430-0338 TELEPHONE (561) 996-5612 City of Boynton Beach FAX (5611 996-6248 100 East Boynton Beach Blvd. 49 I' Boynton Beach, FL 33425 Due Date: 10/24/08 Invoice #: 24607 For professional services rendered through October 14,2008 regarding: - Accounting Services for excess time incurred for grants and fixed assets through October 14, 2008 (see schedule attached) Hours 85.35 Rate (average rate discounted at 30%) 127.85 TOTAL AMOUNT DUE $10.912.00 THANK YOU FOR THE OPPORTUNITY TO SERVE YOU! ---- A finance charge on past due accounts will be calculated at a rate of I ',,% per month for an annual percentage rale of 150/[ I NfJoi . NOWLEN, HOLT & MINER, P.A. Ii M -~._~-~ ~-""'~~-'-'--"''-'-'''''''''''''''''''''-''''''~r CERTIFIED PUBLIC ACCOUNTANTS EVERIITfa.~~g: WlUWol B. MINER, CPA R08ERT W. HENDI\Il(. JR., CPA JI<NEr R._CEYlCH. c"'" WEST PALM BEACH OPFIce 215 fJF'I'H ST1WlT. sum 200 POST OFFICS BOX 347 ~ WEST PALM BEACH, FtOlUDA 33402-0347 TELEPHONE (561) 6S9-3060 KATHl.EEN II. MINER. CPA FAX (561) 83S.062S ROBEllT W. HEI.MR&ICII. CPA TERRY l.. MOR1tlN. JR.. C"", H.AOIW.DBENNElT,C"'" J. MICJWIl. STEVENS. C"'" OANIEl.II. ~ CPA AI.EXIO. G. ~ CPA BRIAN J. BllESCIA, PFS. CPA 00NAlJ) 0. RINZEl, CPA October 17, 2008 -~ BEllE GlADE OFFICE 333 S. E. 2nd STREET POST OFFICE IlOK 338 City of Boynton Beach BELLE GLADE, FlORlOA:J3430.0338 TELEPHONE (6ll1) lIll8-S612 100 East Boynton Beach Blvd. FAX (58t) 1llI&-6248 14915 Boynton Beach, FL 33425 Due Date: 10/27/08 -------------------------------------------------------------------------------------------------------------------- For professional services rendered through August 31,2008 regarding: - Accounting services for excess time incurred for grants and fixed assets thru August 31, 2008 Hours 326 Rate (average fate discounted at 30%) 108.56 TOTAL AMOUNT DUE $35.390.00 THANK YOU FOR THE OPPORTUNITY TO SERVE YOU! - .........~....;.ou. A finance chaJge on past due accounts will be calculated at a rale of I~& per month fur an annual percentage rate of (5% IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A 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 August 19,2008 August 4, 2008 ~oon) o October 21, 2008 October 6, 2008 ~oon) o September 2, 2008 August 18,2008 (Noon) I:8J November 5, 2008 October 20, 2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3,2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 ~oon) 0 Announcements/Presentations I:8J City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Discussion of Neighborhood Stabilization Program (NSP) Options EXPLANA TION: The City of Boynton Beach as a Community Development Block Grant Entitlement (CDBG) community received notification from the Federal Housing and Urban Development Department (HUD) of an allocation of $2,963,311. The NSP program is considered an adjunct of the CDBG program in that the CDBG program reporting requirements must be met and the proposal for the use ofNSP funds is considered as an amendment to the City's CDBG program. The eligible activities of the NSP program are summarized as follows: NSP funds may be used for activities which include, but are not limited to: . Establishing financing mechanisms for purchase and redevelopment offoreclosed homes and residential properties; . Purchasing and rehabilitating homes and residential properties abandoned or foreclosed; . Establishing land banks for foreclosed homes; . Demolishing blighted structures; or . Redeveloping demolished or vacant properties Attached is a summary document from HUD that details the basic program goals and objectives. The City must submit its program proposal to HUD by December 1, 2008. This report is a summary of the recommended program elements for the Boynton Beach NSP application. HUD will review and comment on the City's application. If approved, the funds must be encumbered within eighteen (18) months of the program approval and all funds spent within four (4) years of program approval by HUD. PROGRAM IMPACT: Preliminarily, the City is proposing the following areas of program activity: I. Down payment Assistance for the Ocean Breeze Project (administered by the CRA) $400,000 (note: the CRA and Developer must comply with all applicable Federal regulations) 2. Scattered site deteriorated structure purchases in Heart of Boynton Area $400,000. 3. Foreclosed Property Purchase and Rehabilitation City Wide $1,873,311 (there are currently 153 known foreclosed residential properties in the corporate limits) 4. Administrative Costs (10% allowed) -- $290,000 for staff support on rehab and program administration S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMP ACT: The funds are new funds per the Federal Legislation and are available to the City provided that the NSP program objectives are met. ALTERNATIVES: Decline to authorize a program and allow the City's allocation to be placed in a state-wide pool. } 4b ---" Department Head's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC I!IRY~e~ eRA iI East Side~West Side-Seaside Renaissance MEMO DATE: October 24, 2008 TO: Quintus Greene, Development Director CC: Kurt Bressner, City Manager Octavia Sherrod, Community Improvement Manager Lisa A. Bright, Executive Director, CRA Lori La Verriere, Assistant City Manager RE: Request for Allocation from Neighborhood Stabilization Program Funds for Ocean Breeze West The CRA purchased the Boynton Terrace Section 8 apartment complex in 2007 after it was condemned by the City for structural damage caused by Hurricane Wilma. The CRA paid for the demolition of the buildings on the approximately eight acre site. Currently the site is vacant. The site is located within the Heart of Boynton neighborhood, the Community Redevelopment Area and is within a Qualified Census Tract. The site has been identified in the Heart of Boynton Community Redevelopment Plan as a priority site for redevelopment. Through an RFP process, the CRA selected American Realty to redevelop the site. American Realty proposes approximately 30 single-family homes on the west side and approximately 84 rental units on the east side of the site. The CRA and the developer, American Realty is currently focusing on the development of the for-sale single family portion of the project (the west side). Recently, the CRA voted to reduce the price of the land to the developer from $1.68M to $600,000 in order to ensure the affordability of the homes to buyers. Additionally, the CRA will provide $20,000 per lot of down payment assistance to the buyers. The total project cost is approximately $6.28M exclusive ofthe land value of$3.5M. The homes will sell for $177,250 - $199,750 and will utilize Energy Star appliances and other energy efficient technologies. The homes will be sold to families earning between 50-120% ofMHI. Even with the CRA's large reduction in the price of the land, there is still a gap to the buyer. Therefore, the CRA in partnership with American Realty is requesting an allocation of funds from the $2.9M the City was awarded from the Neighborhood Stabilization Program. We are requesting $13,333 per home or $400,000 to be used for down payment assistance. This amount represents 5% ofthe total project cost including the CRA contributions. American Realty states that they will abide by the Davis-Bacon and Related Acts'with regard to reporting on wages paid to contractors and their employees working on the project. Due to the projects location and visibility, the redevelopment of this site has the potential to catalyze future redevelopment in the neighborhood and therefore is deserving of funding to assist buyers. Property Purchases on N.W. 10th Avenue. There are currently five (5) privately owned duplex type residential properties, adjacent to the existing cemetery along the south side of N.W. 10th Ave. (M.L. King Blvd.) between Seacrest and N.W. 1st Street. All of these are rental properties in poor condition. Of these, the two easternmost properties at 112 and 118 N.W. 10th Ave are vacant and boarded. The other three properties at 124, 128, and 134 N.W. 10lh Ave. respectively, appear to be occupied. Given the blighted condition of these five properties, their highly visible location in the Heart of Boynton community, and the fact that four of the five are owned by absentee landlords with no other interest in the community, their removal has long been considered desirable by community residents. The elimination of these properties and the conversion of the site to public use as passive open space would be consistent with the adopted Heart of Boynton Plan. Approximately three years ago initial steps were taken by City staff to pursue an opportunity purchase of the three properties owned by Andrew Luchey at 118, 124 and 128 N.W. 10lh Ave. Unfortunately, the inflated property values at the time were such that the initial appraised value of these parcels far exceeded the ability of the City to go forward with the purchase. Today, however, market conditions have changed considerably and these properties appear to be valued at a more reasonable level. Although three of the properties (112, 118, and 124 N.W. 10lh Ave.) have outstanding liens, none appears to be in foreclosure. Should the City pursue the purchase of any of the three occupied properties, it will be necessesary to relocate the existing residents. The extent of relocation assistance will be determined by the status of the residents and the funding source used to purchase the property. Use of Federal funds, for example, (Le. from the Community Development Block Grant or Neighborhood Stabilization Program) will require the application of the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (URA). Compliance with this act will necessitate the expenditure of considerable staff time to survey and document the status of existing tenants to determine eligibility for rental assistance. Under the act tenant occupants may be eligible for a rental assistance payment to supplement the costs of leasing a comparable replacement dwelling, or downpayment assistance to purchase a replacement dwelling. The rental assistance payment is based on the difference, if any, between the cost of the monthly rent and utilities of the displacement dwelling and a comparable decent, safe, and sanitary replacement dwelling. The URA establishes a 42 month period for supplementing this payment difference, for a total amount up to $5,250. Staff would recommend, at a minimum, pursuing the acquisition of the two vacant properties. 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" (CIO) - NEIGH80RHOOD STA8IUZAnON:PROGRAM : ':. m busmessowners, home- 'NonCE OF PUBLIC MEETING ers and landlords. th '~J --..--' bl' . "I've metI"eSidents who On July 30, 2~08, e Unl""" ~s Congress approveo Pu ICLaW 11MB9 -.Tlile , had~..d--n. ;tuati" lIIl)f.the HOUSing and Econo~lIc ~ery Ar.!, .2008(H,~I. The Ac:t,appropnates ~, . ~u.,~me 51 . O~. fonchJ\B ror' emergency asslslance for ,the ~lopmenl' of a'bOndoned and , ' liens on f!1.eli' Properti~,foreCIQsed, homes and residential properties. ,The Neighllorhood Stabilization ,Suza:tiD.e Mulvehill, Program' fUnds were awarded to CPBG enlftt$inen! cominuni~es based' on, eadJ J "didate for the District communif}ls,t~I,forecloll,l/'ll,pnd abandOl1irianl~. The Cily Of'Boynfontleach : commission seat "Th.athas ~.n aWar~ $~,963,3~ 1. .~ funa~ wi\l',.beaccessed by way, cif an 'ole sense of helplessness apphC(rii.on.SlIbmltted by the Clly Of Boyn~nBeaclt to.~ Federal Deportmellt!lf ::, " . helmirig" , ' th" 'm' 'Housing and1Jrban DlW&lopment (HUD) bnor'before DeCember 1 , 2008. . , , (', ' ~rw m,eco -, '" , uriity.", . Nei9"borbood Stabil~n Program. .. . " . :' In cO ' ' io er ' To-Ann The purpose of the Neighborhood Stablhzation ~rogram ~s.!o asSist In the ..,. '. , ~ss n: ' J' reclevelop~t of pbandonecl and'-:Iosed properties. All actiVIties funded under oldens VIew, ~e answer the pl"9gram mU$t be used to prwide laenefitsto :iRtlividuals and families whose , Ould pea co11;1bmed. effort incomisdO.noI exceed 120% oftl:te median inc:ome. At lease 25%6~ the gran' . code enforcers, police of. must he expended on the purchase and recIeveIopme!lt o.f abandoned orforec::losecl.. '1 cersbankofficials Realtors resii;lentiolpioperfies that will'be used to hou_ persons or fa",ilies Whose inccirne' i. , a: rbieve1.opment ~taffets to is ~ ~r beI~ ~ of !he a~ median ~ inc~. Activities meeting other CD8G ,p, . ".th' ~+-..... 'al n,_. ~~qb~ ore not eligible for illls.fundmg. ".\' . e. eC~'ySSOCl. lWS'., ~~....~:' 'H ,'While~~ty OffiCIals say. PriiriliJryand/orSecondary Mor1g.~Assisltrnce Yf eyre. tp::llrmg. p.ro~s, they..' .' PurehCse....:.... ,RehaliililatiOn a. n, dSciIe.Of.~d0n8d.. and Faredosed J.'i..'.'.:., , nottn$ing many frien;ds, H~.GIit,;r Residential P.roperti~ . {jf~ ; "You're ; not getting .' .~mento~landBaI),ks . ' ':,' d, " Assistant City · Demolition of BhghtedSlrudures. I' l , . Hanna ays' UV:ou' 're .. ~men' of Demolished or,~nt Properties . ., er,.. S " xc . Notice ~ Putilic MeetiRg '. . . mg'ootso~here because lhetmyOf'Boyriton Beoch'sCommunily Improvement Division will be sponsq\iigg ,ere's. liometWng. wrong" So ' Q pu~i~.meetin91e discuss. the Nei!1'h~~ SiQbilizcilion ~rogrom ond '? io1iCit ;s very tough. on our staff. publIC IApIIl. All tlon-profits, pUblic agencies, and other IOlerestedpcirtiesar& " ,the coi'npltinity." 'il1'Med to allend. The ~ng iJ to. ~ held:. " . tonysorls@Pbp6st.com . Place: City CdmmlSSlon chambers , - , 100 E. Boynton Beaddloulevard Boynton Beach; Florida 33435 TIme: 6:30 p.m. . . " .' ~ 'Monday, October '0, 2008 'IN ACcoRDANCE WJlH 1'HfO PIlOVlSIONS OF THE ,p.()A( 1'H1S MJ CAN lIE'ilEauEsmJ IN AlTERNA1Eo .', . ;,,, " . _~T. AuJatJAAy AIDS Of SERVICES WIll BE~UPON REGiuEsT WITlHT lEAST THREE nAy Suriday'.inCOMlCS ~ICowTAaCIDATt5611742-6066};-" " ", '~r ,.t; Wh.a-l'sabout to :b.ecome . ." . . , . f Florid'a. hi-story? AU the ,followingScratch-off Games :ottlhe Florida lotteI)'. '" I, '....,...i:5,.....'.. ~'. OJ'., :r.- '.''': " ." ~: ~" XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 19, 2008 August 4, 2008 (Noon) o October 21. 2008 October 6, 2008 (Noon) o September 2, 2008 August] 8, 2008 (Noon) ~November 5. 2008 October 20, 2008 (Noon) 0 September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 o December 2, 2008 sa September 15, 2008 (Noon) November] 7, 2008~) ~ -< <::) ". ("") ~. -c C"') .." 0 A nnoun cem ents/Presentati on s ~ity Manager's Report ~ I-tiU 1'1'10. ~-< NA TURE OF 0 Administrative . New Business " ~z: CI) ..., AGENDA ITEM 0 Consent Agenda o Legal X 00 0 .z:- jj Code Compliance & Legal Settlements o Unfinished Business .. Co.) 0 Public Hearing 0 O"t ' , Q :z: RECOMMENDA TION: Provide Commission direction regarding continuation or modification of the current CRA Board configuration. EXPLANATION: Commissioner Marlene Ross has requested Commission discussion and/or action regarding configuration of the Community Redevelopment Agency Board. The CRA Board was last reconfigured in June 2007 when the City Commission, by Resolution 07-065, designated itself as the Community Redevelopment Agency Board. Florida law provides several options for the configuration of the CRA Board: Option 1- A CRA Board of not less than five or more than nine individuals appointed by the City Commission Option2- The members of the City Commission. Option 3- The members of the City Commission plus two additional persons appointed by the City Commission. Option 2 is the current configuration of the CRA Board. Florida law does not use the terminology "citizen board" nor is the term "citizen" used to describe who is qualified for appointment to a CRA Board. The criteria for an individual to be appointed to a Community Redevelopment Agency Board are as set forth in section 163.356, Florida Statutes as follows: Any person may be appointed as commissioner if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the agency, which shall be cotel1Tlinous with the area of operation of the county or municipality. and is otherwise eligible for such appointment under this part. Appointment is based on City boundaries, not CRA boundaries. SIBULLETINlFORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Under the tenninology of the Statute, the owner of a business in the City is qualified to be appointed to the CRA Board e\en though the owner does not reside in the CRA area or the City, and the City Commission is without authority t(l IIllP",c: ,I residency requirement Neither a municipality nor the Community Redevelopment Agency which it establishes possesse;, authority to Impose residence requirements for appointed commissioners of the agency in contlict with those residence requirements set l()]1h in this section. Op.Atty.Gen. 90-19, March 9, 1990. An officer or director of a not-for-profit corporation is a person engaged in business if the corporation perfonns sen Ices for compensation within the area of a community redevelopment agency's operation. Op.Atty.Gen" 99-49. August 1::', 1999 Residence requirements for commissioners of a community redevelopment agency are established by this section and mandate that appointed commissioners must reside in or be engaged in business "within the area of operation of the agency. which shall be cotenninous with the area of operation of the ... municipali~ ...." Op.Atty.Gen. 9019, March 9, 199(1 PROGRAM IMPACT: Undetennined. FISCAL IMPACT: Undetennined increase in operational costs is likely with an increase the number of Board members. ALTERNATlV The legal options for configuration of the Board are as set forth above. I / J j" .f" ,'~~~~,.~.~.__. City Manager's Signature Assistant to City Manager W< City Attornev r' .- ~._~--_._--~-'- .- -..-- Department Name Ci~ Attorney Finance S \l3L'LLFTIMFORMS'AUFND., ITEM RU)1 lEST H.IRM f)( II . XII. - LEGAL - 1st Read" ITEM C.1 m9 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 August 19,2008 August 4,2008 (Noon) D October 21 , 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) [8J November 5, 2008 October 20,2008 (Noon) D September 18, 2008 September 2,2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) D December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda [8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Please place this tabled request on the November 5,2008 City Commission Agenda under Legal: Ordinances - 1 st Reading. The City Commission on October 21, 2008 tabled the proposed ordinance to allow additional time for staff to evaluate and assess the extent of new regulations and associated costs. For further details pertaining to this request, see attached memorandum No. 08-077. EXPLANATION: PROJECT: Land Development Regulation (LDR) Rewrite Deliverable and Project Update A portion of Group 6 - Property Maintenance Requirements AGENT: City-initiated DESCRIPTION: A portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article IV, newly drafted Property Maintenance Requirements, to be codified within existing Part II of the City's Code of Ordinances. This proposed section will replace a portion of Chapter 20 (Building, Housing and Construction General) of the LDR, and relocate it to Chapter 10 of Part II. This valuable code section establishes new property maintenance requirements that would provide minimum standards for the upkeep of all vacant and developed property in the city. Unlike most portions of the LDR, which are interrelated and associated with new construction or redevelopment, this section is independent from the LDR, targets existing vacant and built properties, and would have immediate affect upon adoption. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A 0/: ALTERNATIVES: N/~i' 1], ,~) V [jiiu,j "...,,Jf ~ City Manager's Signature Developmen1LPepartme~t Director Assistant to City Manager ~ Planning and Zonin rrector City Attorney / Finance S:\P1anning\Zoning Code Update\LDR ewrite\Agenda Requests\Agenda Item Request LDR Group 6 Pt II Cpt 10 CDRV 07-004 11-5-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 08- (;.i / J " AN ORDINANCE OF THE CITY COMMISSION OF THE .J 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE 5 CITY OF BOYNTON BEACH CODE OF ORDINANCES BY 6 AMENDING PART II, CHAPTER 10, "REFUSE, AND 7 ABANDONED PROPERTY" BY ENACTING A :\fEW 8 ARTICLE IV, "PROPERTY MAINTENANCE 9 REQUIREMENTS" TO PROVIDE FOR ST ANDARDS FOR 10 THE MAINTENANCE OF RESIDENTIAL AND NON- 11 RESIDENTIAL PROPERTIES WITHIN THE CITY; 12 REPEALING CITY OF BOYNTON BEACH CODE OF 13 ORDINANCES PART III, CHAPTER 20, ARTICLE 1, 14 SECTION 8, "BUILDING SECURITY CODE; ARTICLE II, 15 "ELECTRICAL CODE", ARTICLE V "ENERGY , 16 EFFICIENCY CODE", ARTICLE VIII, "HOUSING", 17 SECTION 1, "GENERALLY", SECTION 2, "MINIMUM 18 ST ANDARDS", AND ARTICLE IX, "SWIMMING POOLS 19 AND SP AS"; PROVIDING FOR CONFLICTS, 20 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 21 DATE. J'/ ')'"l WHEREAS. the City Commission desires to amend the City's Property Maintenance .:-_1 24 ode in order to provide a mechanism for the continued enforcement of property maintenance )- tandards throughout the City: and -) 26 WHEREAS. the application of specific property maintenance standards will al1m\. the 27 'ity to insure that residential and commercial structures are maintained in a safe. sanitar:. and 28 tructurally sound manner; and 29 WHEREAS, the adoption ofa new property maintenance code will be in the best interest 30 f the health. safety. and welfare of the residents. citizens. and business within the City of 31 oynton Beach. 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE "" ITY OF BOYNTON BEACH, FLORIDA, THAT: _1.J J 1 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 2 confirmed by the City Commission. 3 Section 2. That the following provisions of the City of Boynton Beach Code of 4 Ordinances are hereby repealed in their entirety: Part III, "Land Development Regulations", Chapter 5 20, Article I, Section 8, "Building Security Code; Article II, "Electrical Code", Article V, "Energy 6 Efficiency Code", Article VIII, "Housing", Section 1, "Generally", Section 2, "Minimum 7 Standards", and Article IX, "Swimming Pools and Spas", and shall be of no further force or effect. 8 Section 3. That Part II, Chapter 1 0, "Refuse and Abandoned Property", of the City of 9 Boynton Beach Code of Ordinances is hereby amended by enacting a new Article IV, "Property 10 Maintenance Requirements", to read as follows: 11 I hapter 10. Refuse, Abandoned Property, and Prooerty Maintenance Requirements 12 * * * 13 RTICLE IV. PROPERTY MAINTENANCE RE UIREMENTS 14 Sec. 10-54. Rules. 15 Unless otherwise expressly stated, the following terms shall, for the purposes of 16 this code have the meanings shown in this section. 17 (1) Interchangeability. Words stated in the present tense include the future; 18 words stated in the masculine gender include the feminine and neuter; the 19 singular number includes the plural and the plural, the singular. 20 (2) Terms not defined. Where terms are not defined through the methods 21 authorized by this section, such terms shall have ordinarily accepted 22 meanings such as the context implies. 23 (3) Parts. Whenever the words "dwelling unit," "dwelling," "premises," 24 "building," "rooming house," "rooming unit" "housekeeping unit" or 25 "story" are stated in this code, they shall be construed as though they were 26 followed by the words "or any part thereof." 27 Sec. 10-55. Definitions. 28 As used in this article: 29 Approved: Approved by the City Manager or designee. 2 , , , I 1 Basement.fhat portion of a building which is partly or completeh belo\~ grade, ') Bathroom: A room containing plumbing fixtures including a bathtub or shower, - " Bedroom: Any room or space used or intended to be used for sleeping purposes in ,) 4 either a dwelling or sleeping unit. 5 Condemn: To adiudge unfit for occupancy. 6 Dwelling Unit: A single unit providing complete. independent living facilities for 7 one or more persons. including permanent provisions for living. sleeping. eating. cooking. 8 and sanitation. 9 Easement: That portion ofland or property reserved for present or future use by a 10 person or agencv other than the legal fee owner(s) of the propertv. The easement shall be 11 permitted to be for use under, on. or above a said lot or lots. 12 Exterior Prooertv: The open space of the premises and on adioining propertv 13 under the control of owners or operators of such premises. 14 Extermination: The control and elimination of insects. rats or other pests bv 15 eliminating their harborage places: bv removing or making inaccessible materials that 16 serves as their food: by poison spraving, fumigating. and trapping or by any other 17 approved pest elimination methods. 18 Garbage: The animal or vegetable waste resulting from the handling. preparation. 19 cooking. and consumption of food. 20 Guard: A building component or a svstem of building components located at or 21 near the open sides of elevated walking surfaces that minimizes the possibilitv of a fall '1'1 from the walking surface to a lower level. '1" Habitable Soace: Space in a structure for living. sleeping, eating, or cooking. ~,) 24 Bathrooms. toilet rooms, closets. halls. storage or utility spaces. and similar areas are not 25 considered habitable spaces. 26 Housekeeping Unit: A room or group of rooms forming a single habitable space 27 equipped and intended to be used for living, sleeping, cooking, and eating which does not 28 contain, within such a unit. a toilet. lavatory and bathtub or shower. 29 Imminent Danger. A condition which could cause serious or life-threatening 30 iniurv or death at any time. 31 Infestation: The presence. within or contiguous to. a structure or premises of ,,') insects. rats. vermin or other pests. ,)~ "" Inooerable Motur J 'ehicle: A vehicle which cannot be driven upon the public -' ,) 34 streets for reason including but not limited to being unlicensed, wrecked. abandoned. in a 35 state of disrepair. or incapable of being moved under its own power. I "' I Labeled: Devices, equipment, appliances, or materials to which has been affixed a 2 label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, 3 inspection agency or other organization concerned with product evaluation that maintains 4 periodic inspection of the production ofthe above-labeled items and by whose label the 5 manufacturer attests to compliance with applicable nationally recognized standards. 6 Let for Occu/Jancv or Let: To permit, provide, or offer possession or occupancy of 7 a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is 8 or is not the legal owner of record thereof, pursuant to a written or unwritten lease, 9 agreement or license, or pursuant to a recorded or unrecorded agreement of contract for 10 the sale of land. 11 Occupancv: The purpose for which a building or portion thereof is utilized or 12 occupied. 13 Occupant: Any individual living or sleeping in a building, or having possession of 14 a space within a building. 15 Openable Area: That part of a window, skylight or door which is available for 16 unobstructed ventilation and which opens directly to the outdoors. 17 Operator: Any person who has charge, care, or control of a structure or premises 18 which is let or offered for occupancy. 19 Owner: Any person, agent, operator, firm or corporation having a legal or 20 equitable interest in the property; or recorded in the official records of the state. county or 21 municipality as holding title to the property; or otherwise having control of the property, 22 including the guardian of the estate of any such person. and the executor or administrator 23 of the estate of such person if ordered to take possession of real property by a court. 24 Person: An individual, corporation, partnership or any other group acting as a 25 unit. 26 Premises: A lot, plot, or parcel ofland, easement, or public way, including any 27 structures thereon. 28 Public Wav: Any street, alley, or similar parcel of land essentially unobstructed 29 from the ground to the sky, which is deeded, dedicated, or otherwise permanently 30 appropriated to the public for public use. 31 Roominf.! House: A building arranged or occupied for lodging, with or without 32 meals, for compensation and not occupied as a one- or two-family dwelling. 33 Roominf.! Unit: Any room or group of rooms forming a single habitable unit 34 occupied or intended to be occupied for sleeping or living, but not for cooking purposes. 35 Rubbish: Combustible and noncombustible waste materials, except garbage. The 36 term shall include the residue from the burning of wood, coal, coke and other combustible 37 materials, paper, rags. cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard 4 1 trimmings. tin cans, metals, mineral matter. glass. crockery and dust and other,';E11llaX I materials. 3 Sleeoinf[ Unit: A room or space in which people sleep. which can also include 4 permanent provisions for living, eating and either sanitation or kitchen facilities, but not 5 both. Such rooms and spaces that are also part of a dwelling: unit are not sleeping units. 6 Srructure: That which is built or constructed or a portion thereof. 7 Tenant: A person, corporation, partnership or group. whether or not the legal 8 owner of record. occupying a building or portion thereof as a unit. 9 Toilet Room: A room containing a water closet or urinal but not a bathtub or 10 shower. 11 T 'entilation: The natural or mechanical process of supplying conditioned or 1:2 unconditioned air to. or removing such air from. any space. 13 Workmanlike: Executed in a skilled manner; e.g., generally plumb. level. square. 14 in line. undamaged and without marring adjacent work. ]5 Yard: An open space on the same lot with a structure. ]6 Sec. 10-56. General requirements. 17 (a) General. 18 (1) Applicability. The provisions of this section shall govern the minimum 19 conditions and the responsibilities of persons for maintenance of structures. 20 equipment and exterior property located within the City. 21 (2) Responsibilitv. The owner of the premises shall maintain the structures II and exterior property in compliance with these requirements. A person shall not .:-.:::... ,.... OCCUPy as owner-occupant or permit another person to occupy premises which are ..;.j 24 not in a sanitary and safe condition and which do not comply with the 25 requirements of this section. Occupants of a dwelling unit rooming unit or 26 housekeeping unit are responsible for keeping in a clean. sanitary and safe 27 condition that part of the dwelling unit rooming unit housekeeping unit or 28 premises. which they occupv and control. 29 (3) Vacant structures and land. All vacant structures and premises thereof or 30 vacant land shall be maintained in a clean, safe. secure and sanitary condition as 31 provided herein so as not to cause a blighting problem or adversely affect the 32 public health or safetv. 1" (b) Exterior oroperty' areas. -j 34 (1) Sanitation. All exterior property and premises shall be maintained in a 35 clean, safe, and sanitary condition. The occupant shall keep that part of the 36 exterior property. which such occupant occupies or controls in a clean and sanitary 37 condition. ) 1 (2) Grading and drainage. All premises shall be graded and maintained to 2 prevent the erosion of soil and to prevent the accumulation of stagnant water 3 thereon, except in approved retention areas and reservoirs, or within any structure 4 located thereon. 5 (3) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, 6 parking spaces, and similar areas shall be kept in a proper state of repair, and 7 maintained free from hazardous conditions. 8 (4) Weeds. All premises and exterior property shall be maintained free from 9 weeds or plant growth in excess of twelve inches (12"). All noxious weeds shall 10 be prohibited. Weeds shall be defined as all grasses, plants, and vegetation, other 11 than trees or shrubs provided; however, this term shall not include cultivated 12 flowers, gardens, and yards certified by the Florida Yards and Neighborhoods 13 program. 14 (5) Rodent harborage. All structures and exterior property shall be kept free 15 from rodent harborage and infestation. Where rodents are found, they shall be 16 promptly exterminated by approved processes which will not be iniurious to 17 human health. After extermination, proper precautions shall be taken to eliminate 18 rodent harborage and prevent re-infestation. 19 (6) Exhaust vents. Pipes, ducts, conductors, fans, or blowers shall not 20 discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or 21 particulate wastes directly upon abutting or adiacent public or private property or 22 that of another tenant. 23 (7) Accessory structures. All accessory structures, including detached 24 garages, fences and walls, shall be maintained structurally sound and in good 25 repaIr. 26 (8) Defacement of property. No person shall willfully or wantonly damage, 27 mutilate or deface any exterior surface of any structure or building on any private 28 or public property by placing thereon any marking, carving or graffiti. It shall be 29 the responsibility of the owner to restore said surface to an approved state of 30 maintenance and repair. 31 (c) Swimming oools, soas, and hot tubs. 32 (1) Swimming pools. Swimming pools shall be maintained in a clean and 33 sanitary condition, and in good repair. 34 (2) Enclosures. Private swimming pools, hot tubs, and spas, containing water 35 more than 24 inches (610 mm) in depth shall be completely surrounded by a fence 36 or barrier at least 48 inches ( 1219 mm) in height above the finished ground level 37 measured on the side of the barrier away from the pool. Gates and doors in such 38 barriers shall be self-closing and self-latching. Where the self-latching device is 39 less than 54 inches ( 1372 mm) above the bottom of the gate, the release 40 mechanism shall be located on the poolside of the gate. Self-closing and self- 6 1 latching gates shall be maintained such that the gate will positivelY close and latch 2 when released from an open position of 6 inches ( 152 mm) from the gatepost. Nu ..., existing pool enclosure shall be removed. replaced. or chan~ed in a mannerJhat _1 4 reduces its effectiveness as a safetv barrier. Spas or hot tubs with a safet\ cover 5 that complies with ASTM F 1346 shall be exempt from the pro\'isions-,,)Llhi~ 6 section. 7 (d) l:.xterior structure. 8 (1) General. The exterior of a structure shall be maintained in good repair. 9 structurally sound and sanitary so as not to pose a threat to the public health. 10 safety. or welfare. 11 (2) Protective treatment. All exterior surfaces. including. but not limited to. 12 doors. door and window frames. cornices, porches, trim. balconies, decks and 13 fences shall be maintained in good condition. Exterior wood surfaces. other than 14 decav resistant woods. shall be protected from the elements and decay bv painting 15 or other protective covering or treatment. Peeling. flaking and chipped paint shall 16 be eliminated and surfaces repainted. All siding and masonry joints as well as 17 those between the building envelope and the perimeter of windows, doors. and 18 skylights shall be maintained weather resistant and watertight. All metal smfaces 19 subiect to rust or corrosion shall be coated to inhibit such rust and corrosion and 20 all surfaces with rust or corrosion shall be stabilized and coated to inhibit futme 21 rust and corrosion. Oxidation stains shall be removed from exterior smfaces. 22 Smfaces designed for stabilization by oxidation are exempt from this requirement. 23 (3 ) Premises identiiication. Buildings shall have approved address numbers 24 placed in a position to be plainly legible and visible from the street or road 25 fronting the property. These numbers shall contrast with their background. 26 Address numbers shall be Arabic numerals or alphabet letters. Numbers shall 27 have a minimum stroke width of 0.5 inch ( 12.7 mm) and shall be a minimum of4 28 inches ( 1 02 mm) high for single family units. 4 inches ( 1 02 mm) high at front and 29 rear entrances for multi - family units. and 6 inches ( 153 mm) for commercial units. 30 (4 ) Structural members. All structural members shall be maintained free from 31 deterioration. and shall be capable of safely supporting the imposed dead and live ..." loads. J~ 33 (5) Foundation walls. All foundation walls shall be maintained plumb and 34 free from open cracks and breaks and shall be kept in such condition so as to 35 prevent the entry of rodents and other pests. 36 (6) Exterior walls. All exterior walls shall be free from holes. breaks. and 37 loose or rotting materials. and maintained weatherproof and properlv smface 38 coated where required to prevent deterioration. 39 (7) Roofs and drainage. The roof and flashing shall be sound. tight and not 40 have defects that admit rain. Roof drainage shall be adequate to prevent dampness 41 or deterioration in the walls or interior portion of the structure. Roof drains. -, 1 gutters, and downspouts shall be maintained in good repair and free from 2 obstructions. Roof water shall not be discharged in a manner that creates a public 3 nuisance. 4 (8) Decorative features. All cornices, belt courses, corbels, terra cotta trim, 5 wall facings, and similar decorative features shall be maintained in good repair 6 with proper anchorage and in a safe condition. 7 (9) Overhang extensions. All overhang extensions including, but not limited 8 to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust 9 ducts shall be maintained in good repair and be properly anchored so as to be kept 10 in a sound condition. When required, all exposed surfaces of metal or wood shall 11 be protected from the elements and against decay or rust by periodic application of 12 weather-coating materials, such as paint or similar surface treatment. 13 (0) Stairways, decks, porches and balconies. Every exterior stairway, deck. 14 porch and balcony, and all appearances attached thereto, shall be maintained 15 structurally sound, in good repair, with proper anchorage and capable of 16 supporting the imposed loads. 17 (11) Chimneys and towers. All chimneys, cooling towers. smoke stacks, and 18 similar appurtenances shall be maintained structurally safe and sound, and in good 19 repaIr. All exposed surfaces of metal or wood shall be protected from the 20 elements and against decay or rust by periodic application of weather coating 21 materials, such as paint or similar surface treatment. 22 (2) Handrails and guards. Every handrail and guard shall be firmly fastened 23 and capable of supporting normally imposed loads and shall be maintained in 24 good condition. 25 (13) Window, skvlight and door frames. Every window, skylight, door, and 26 frame shall be kept in sound condition, good repair, and weather tight. 27 a. Glazing. All glazing materials shall be maintained free from cracks 28 and holes. 29 b. Openable windows. Every window, other than a fixed window, 30 shall be easily openable and capable of being held in position by window 31 hardware. 32 (14) Insect screens. Every door, window and other outside opening required for 33 ventilation of habitable rooms, food preparation areas, food service areas or any 34 areas where products to be included or utilized in food for human consumption are 35 processed, manufactured, packaged or stored shall be supplied with approved 36 tightly fitting screens of not less than 16 mesh per inch ( 16 mesh per 25 mm ), and 37 every screen door used for insect control shall have a self-closing device in good 38 working condition. 39 ExcePtion: Screens shall not be required where other approved means, such as air 40 curtains or insect repellent fans. are employed. 8 I I I (15) Doors. All exterior doors, door assemblies, and hardware shall be ') maintained in good condition. Locks at all entrances tQ_ dwelling units and -, sleeping units shall tightly secure the door. Locks on means\)f egress dOOL~ shall -' 4 be in accordance with Section I 0-60(b )( 3 I: 5 (16) Basement and crawl space hatchwavs. Everv basement hatchwa\ shall be 6 maintained to prevent the entrance of rodents, rain. and surface draina2e\\ater..:. 7 (17) Guards for basement and crawl space windows and vents. Everv basement 8 window that is openable shall be supplied with rodent shields, storm windows or 9 other approved protection against the entry of rodents. 10 (18) Building security. Doors, windows, or hatchways for dwelling units. room II units, or housekeeping units shall be provided with devices designed to provide 12 security for the occupants and property within. 13 a. Doors. Doors providing access to a dwelling unit, rooming unit, or 14 housekeeping unit that is rented, leased, or let shall be equipped with a 15 deadbolt lock designed to be readily openable from the side from which 16 egress is to be made without the need for keys, special knowledge. or 17 effort and shall have a lock throw of not less than 1 inch (25 mm). Such 18 deadbolt locks shall be installed according to the manufacturer's 19 specifications and maintained in good working order. For the purpose of 20 this section. a sliding bolt shall not be considered an acceptable deadbolt 21 lock. 22 b. Windows. Operable windows located in whole or in part within 6 23 feet ( 1828 mm) above ground level or a walking surface below that 24 provide access to a dwelling unit, rooming unit or housekeeping unit that 'l- is rented. leased or let shall be equipped with a window sash locking -) 26 device. 27 28 29 (e) interior struclure_ 30 (1) General. The interior of a structure and equipment therein shall be 31 maintained in good repair, structurally sound, and in a sanitary condition. ,,') Occupants shall keep that part of the structure which they occupv or control in a -'~ 33 clean and sanitary condition. Every owner of a structure containing a rooming 34 house, housekeeping unit, a hotel, a dormitory, two or more dwelling units or two 35 or more nonresidential occupancies, shall maintain, in a clean and sanitarv 36 condition, the shared or public areas of the structure and exterior propertv. 37 (2) Structural members. All structural members shall be maintained 38 structurally sound. and be capable of supporting the imposed loads. l) I (3) Interior surfaces. All interior surfaces, including windows and doors, shall 2 be maintained in good, clean, and sanitary condition. Peeling, chipping, flaking, 3 or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, 4 decayed wood, and other defective surface conditions shall be corrected. 5 (4) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, 6 deck, or other walking surface shall be maintained in sound condition and good 7 repaIr. 8 (5 ) Handrails and guards. Every handrail and guard shall be firmly fastened 9 and capable of supporting normally imposed loads and shall be maintained in 10 good condition. 11 (6) Interior doors. Every interior door shall fit reasonably well within its 12 frame and shall be capable of being opened and closed by being properly and 13 securely attached to jambs, headers, or tracks as intended by the manufacturer of 14 the attachment hardware. 15 (f) Handrails and guardrails. 16 (1) General. Every exterior and interior flight of stairs having more than four 17 risers shall have a handrail on one side of the stair and every open portion of a 18 stair, landing, balcony, porch, deck, ramp or other walking surface which is more 19 than 30 inches (762 mm) above the floor or grade below shall have guards. 20 Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches 21 ( 1 067 mm) high measured vertically above the nosing of the tread or above the 22 finished floor of the landing or walking surfaces. Guards shall not be less than 30 23 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or 24 ramp or other walking surface. 25 Guards shall not be required where exempted by the Florida Building code. 26 (g) Rubbish and garbage. 27 (1) Accumulation of rubbish or garbage. All exterior property and premises, 28 and the interior of every structure, shall be free from any accumulation of rubbish 29 or garbage. 30 (2) Disposal of rubbish. Every occupant of a structure shall dispose of all 31 rubbish in a clean and sanitary manner by placing such rubbish in approved 32 containers. 33 a. Refrigerators. Refrigerators and similar equipment not in 34 operation shall not be discarded, abandoned, or stored on premises without 35 first removing the doors. 36 (3 ) Disposal of garbage. Every occupant of a structure shall dispose of 37 garbage in a clean and sanitary manner by placing such garbage in an approved 38 garbage disposal facility or approved garbage containers. 10 1 a. Garbage facilities. The owner of ever v dwelling shall supp!\' one J of the following: an approved mechanical food vvaste grinder in each 3 dwelling unit: an approved incinerator unit in the structure available to the 4 occupants in each dwelling unit: or an approved leak-proof~Q~l.::!~_d~ 5 outside garbage container. 6 b. Containers. The operator of everv establishment producing 7 garbage shall provide, and at all times cause to be utilized, approved leak- 8 proof containers provided with cJose- fitting covers for the storage of such 9 materials until removed from the premises for disposal. 10 (h) Extermination. 11 (1) Infestation. All structures shall be kept free from insect and rodent 12 infestation. All structures in which insects or rodents are found shall be promptly 13 exterminated by approved processes that will not be iniurious to human health. 14 After extermination. proper precautions shall be taken to prevent re-infestation. 15 (2) Owner. The owner of any structure shall be responsible for extermination 16 within the structure prior to renting or leasing the structure. 17 (3) Single occupant. The occupant of a one-familv dwelling or of a single- 18 tenant nonresidential structure shall be responsible for extermination on the 19 premIses. 20 (4 ) Multiple occupancy. The owner of a structure containing two or more 21 dwelling units, a multiple occupancy, a rooming house or a nonresidential 22 structure shall be responsible for extermination in the public or shared areas of the 23 structure and exterior property. If infestation is caused by failure of an occupant 24 to prevent such infestation in the area occupied, the occupant shall be responsible 25 for extermination. 26 (5) Occupant. The occupant of any structure shall be responsible for the 27 continued rodent and pest-free condition of the structure. Where the infestations 28 are caused by defects in the structure, the owner shall be responsible Jor 29 extermination. 30 Sec. 10-57. Lieht, ventilation and occupancy limitations. 31 '1") (a) General. ,)~ 'l'l _1_1 34 (1) Scope. The provIsIOns of this section shall govern the mInImUm 35 conditions and standards for light, ventilation, and space for occupying a structure. 36 37 (2) Responsi bilitv. The owner of the structure shall provide and maintain 38 light. ventilation and space conditions in compliance with these requirements. A 39 person shall not occuPY as owner-occupant, or permit another person to occupv, 40 any premises that do not comply with the requirements of this section. 41 ] J I I r I 1 (3 ) Alternative devices. In lieu of the means for natural light and ventilation 2 herein prescribed, artificial light or mechanical ventilation complying with the 3 Florida Building Code shall be permitted. 4 5 (b) Lif?ht. 6 7 (1) Habitable spaces. Every habitable space shall have at least one window of 8 approved size facing directly to the outdoors or to a court. The minimum total 9 glazed area for every habitable space shall be 8 percent of the floor area of such 10 room. Wherever walls or other portions of a structure face a window of any room 11 and such obstructions are located less than 3 feet (914 mm) from the window and 12 extend to a level above that of the ceiling of the room, such window shall not be 13 deemed to face directly to the outdoors nor to a court and shall not be included as 14 contributing to the required minimum total window area for the room. Where 15 natural light for rooms or spaces without exterior glazing areas is provided 16 through an adioining room, the unobstructed opening to the adioining room shall 17 be at least 8 percent of the floor area of the interior room or space, but not less 18 than 25 square feet (2.33 mm). The exterior glazing area shall be based on the 19 total floor area being served. 20 21 (2) Common halls and stairways. Every common hall and stairway in 22 residential occupancies, other than in one- and two-family dwellings, shall be 23 lighted at all times with at least a 60-watt standard incandescent light bulb for 24 each 200 square feet 09 m2) of floor area or equivalent illumination, provided 25 that the spacing between lights shall not be greater than 30 feet (9144 mm). In 26 other than residential occupancies, means of egress, including exterior means of 27 egress, stairways shall be illuminated at all times the building space served by the 28 means of egress is occupied with a minimum of 1 footcandle 01 lux) at floors, 29 landings and treads. 30 31 (3) Other spaces. All other spaces shall be provided with natural or artificial 32 light sufficient to permit the maintenance of sanitary conditions, and the safe 33 occupancy ofthe space and utilization of the appliances, equipment, and fixtures. 34 35 (c) Ventilation. 36 37 (1) Habitable spaces. Every habitable space shall have at least one openable 38 window. The total openable area ofthe window in every room shall be equal to at 39 least 45 percent of the minimum glazed area required in Section 1 0-57(b)(1 ). 40 Where rooms and spaces without openings to the outdoors are ventilated throulSh 41 an adioining room, the unobstructed opening to the adioining room shall be at 42 least 8 percent of the floor area of the interior room or space, but not less than 25 43 square feet (2.33 mm). The ventilation openings to the outdoors shall be based on 44 a total floor area being ventilated. 45 46 (2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply 47 with the ventilation requirements for habitable spaces as required above, except 12 1 that a window shall not be required in such spaces equipped \vith a ml,;chamciiJ ) ventilation system. Ajr exhausted bv a mechanical ventilation system Jl:Q]Jl~t 3 bathroom or toilet room shall discharge to the outdoors and shall nOJ.b~ LC:- 4 circulated. 5 6 (3 ) Cooking facilities. Unless approved through the certificate of occupanC\. 7 cooking shall not be permitted in any rooming unit or dormitory unh. and <! 8 cooking facility or appliance shall not be permitted to be present in the rooming 9 unit or dormitory unit. Cooking facilities may be located in a room otherwise 10 prohibited by this section where the Building Official specifically approves such a 11 location in writing. Devices such as coffee pots and microwave ovens shall n.Q! be 12 considered cooking appliances. 13 14 (4) Process ventilation. Where injurious. toxic. irritating. or noxious fumes. 15 gases, dusts or mists are generated. a local exhaust ventilation system shall be 16 provided to remove the contaminating agent at the source. Air shall be exhausted 17 to the exterior and not be re-circulated to any space. 18 19 (5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent 20 of all other systems and shall be exhausted in accordance with the manufacturer's 21 instructions. 22 )" (d) Occuoanq' limitations. ....,) 24 25 (1) Privacy. Dwelling units, hotel units. housekeeping units. rooming units 26 and dormitory units shall be arranged to provide privacv and be separate from 27 other adjoining spaces. 28 29 (2) Minimum room widths. A habitable room. other than a kitchen, shall not 30 be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear 31 passagewav of not less than 3 feet (914 mm) between counter-fronts and 32 appliances or counter-fronts and walls. 33 34 (3) Minimum ceiling heights. Habitable spaces. hallways. corridors. laundry 35 areas, bathrooms, toilet rooms and habitable basement areas shall have a clear 36 ceiling height of not less than 7 feet (2134 mm). 37 38 Exceptions: 39 40 a. In one and two-family dwellings, beams. or girders spaced not 41 less than 4 feet ( 1219 mm) on center and proiecting not more than 6 42 inches (152 mm) below the reg uired ceiling height. 43 44 b. Basement rooms in one and two-family dwellings occupied 45 exclusivelv for laundrv. study or recreation purposes. having a ceiling 46 height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 1 ) I I 1 4 inches ( 1932 mm) of clear height under beams, girders, ducts and similar 2 obstructions. 3 4 c. Rooms occupied exclusively for sleeping, study or similar 5 purposes and having a sloped ceiling over all or part of the roon 6 with a clear ceiling height of at least 7 feet (2134 mm) over not 7 less than one-third of the required minimum floor area. In 8 calculating the floor area of such rooms, only those portions ofthe 9 floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be 10 included. 11 12 (4) Bedroom and living room requirements. Every bedroom and living room 13 shall comply with the following requirements: 14 15 a. Room area. Every living room shall contain at least 120 square 16 feet (1 1.2 m2) and every bedroom shall contain at least 70 square feet (6.5 17 m2). 18 19 b. Access from bedrooms. Bedrooms shall not constitute the only 20 means of access to other bedrooms or habitable spaces and shall not serve 21 as the only means of egress from other habitable spaces. This provision 22 shall not apply to units that contain fewer than two bedrooms. 23 24 c. Water closet accessibility. Every bedroom shall have access to at 25 least one water closet and one lavatory without passing through another 26 bedroom. Every bedroom in a dwelling unit shall have access to at least 27 one water closet and lavatory located in the same story as the bedroom or 28 an adiacent story. 29 30 d. Prohibited occupancy. Kitchens and non-habitable spaces shall not 31 be used for sleeping purposes. 32 33 e. Other requirements. Bedrooms shall comply with the applicable 34 provisions of this code including, but not limited to, the light, ventilation, 35 room area, ceiling height and room width requirements of this section; the 36 plumbing facilities and water-heating facilities requirements of Section 4; 37 the heating facilities and electrical receptacle requirements of Section 5; 38 and the smoke detector and emergency escape requirements of Section 6. 39 40 (5) Overcrowding. The number of persons occupying a dwelling unit shall not 41 create conditions that. in the opinion of the Chief Building OfficiaL endanger the 42 life, health, safety, or welfare of the occupants. 43 44 (6) Efficiency unit. Nothing in this section shall prohibit an efficiencv living 45 unit from meeting the following requirements: 46 14 1 a. A unit occupied by not more than two occupants shall hav~_,! clear 2 floor area of not less than 220 square feet 120A m21 A unit occupied b\ 3 three occupants shall have a clear Door area of not less than 3 2(J~quare 4 feet (29. 7m2 ). These required areas shall be ~~clusj_~e ottb~ Jr~~~S 5 required bv Items 2 and 3. 6 7 b. The unit shall be provided with a kitchen sink, cooking appliance 8 and refrigeration facilities. each having a clear working space of not less 9 than 30 inches (762 mm) in front. Light and ventilation conforming to 10 this code shall be provided. 11 12 c. The unit shall be provided with a separate bathroom containing a 13 water closet. Javatorv, and bathtub or shower. 14 15 d. The maximum number of occupants shall be three. 16 17 (7) Food preparation. All spaces to be occupied for food preparation purposes 18 shall contain suitable space and equipment to store. prepare. and serve foods in a 19 sanitary manner. There shall be adequate facilities and services for the sanitarv 20 disposal of food wastes and refuse, including facilities for temporary storage. 21 22 Sec. 10-58. Plumbing facilities and fixture requirements. -''' ~-) 24 (a) General. 'Y -) 26 (1) Scope. The provisions ofthis section shall govern the minimum plumbing 27 svstems. facilities. and plumbing fixtures to be provided. 28 29 (2) Responsibility. The owner of the structure shall provide and maintain 30 such plumbing facilities and plumbing fixtures in compliance with these 31 requirements. A person shall not occuPY as owner-occupant or permit another 32 person to OCCUPy any structure or premises which does not campi v with the 33 requirements of this section. 34 35 (b) Required (acilities. 36 37 (1) Dwelling units. Every dwelling unit shall contain its own bathtub or 38 shower, lavatory. water closet, and kitchen sink which shall be maintained in a 39 sanitary, safe working condition. The lavatory shall be placed in the same room as 40 the water closet or located in close proximity to the door leading directly into the 41 room in which such water closet is located. A kitchen sink sha11 not be used as a 42 substitute for the required lavatorv. 43 44 (2) Rooming houses. At least one water closet, lavatorY' and bathtub or 45 shower shall be supplied for each four rooming units. 46 15 1 (3) Hotels. Where private water closets, lavatories and baths are not provided, 2 one water closet, one lavatory and one bathtub or shower having access from a 3 public hallway shall be provided for each ten occupants. 4 5 (4) Employees' facilities. A minimum of one water closet, one lavatory. and 6 one drinking facility shall be available to emplovees. 7 8 a. Drinking facilities. Drinking facilities shall be a drinking fountain, 9 water cooler, bottled water cooler, or disposable cups next to a sink or 10 water dispenser. Drinking facilities shall not be located in toilet rooms or 11 bathrooms. 12 13 (c) Toilet rooms. 14 15 (1) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not 16 constitute the only passageway to a hall or other space, or to the exterior. A door 17 and interior locking device shall be provided for all common or shared bathrooms 18 and toilet rooms in a multiple dwelling. 19 20 (2) Location. Toilet rooms and bathrooms serving hotel units, rooming units 21 or dormitory units or housekeeping units, shall have access by traversing not more 22 than one flight of stairs and shall have access from a common hall or passageway. 23 24 (3) Location of employee toilet facilities. Toilet facilities shall have access 25 from within the employees' working area. The required toilet facilities shall be 26 located not more than one stOry above or below the employees' working area and 27 the path of travel to such facilities shall not exceed a distance of500 feet (152 m). 28 Employee facilities shall either be separate facilities or combined employee and 29 public facilities. Facilities that are required for employees in storage structures or 30 kiosks, which are located in adiacent structures under the same ownership, lease 31 or control, shall not exceed a travel distance of 500 feet ( 152 m) from the 32 employees' regular working area to the facilities. 33 34 (4) Floor surface. In other than dwelling units, every toilet room floor shall be 35 maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be 36 easily kept in a clean and sanitary condition. 37 38 (d) Plumbing svstems and fixtures. 39 40 (1) General. All plumbing fixtures shall be properly installed and maintained 41 in working order, and shall be kept free from obstructions, leaks and defects and 42 be capable of performing the function for which such plumbing fixtures are 43 designed. All plumbing fixtures shall be maintained in a safe, sanitary, and 44 functional condition. 45 46 (2) Fixture clearances. Plumbing fixtures shall have adequate clearances for 47 usage and cleaning. 16 1 '1 (3 ) Plumbing system hazards. 'W'here it is found that a plumbing svstem 111 a - 3 structure constitutes a hazard to the occupants or the structure bv reason of 4 inadequate service. inadequate venting, cross connection. back-siphonage. 5 improper installation, deterioration. or damage or for similar reasons. the Buildinf2, 6 Official shall require the defects to be corrected to eliminate the hazard 7 8 (e) Water svstem. 9 10 (1) General. Every sink. lavatory , bathtub or shower, drinking fountain. water 11 closet. or other plumbing fixture shall be pro perl v connected to either. a public 12 water system or to an approved private water system. All kitchen sinks. lavatories. 13 laundry facilities. bathtubs and showers shall be supplied with hot or tempered 14 and cold running water in accordance with the Florida Building Code, Plumbing. 15 16 (2) Contamination. The water supply shall be maintained free from 17 contamination, and all water inlets for plumbing fixtures shall be located above 18 the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and 19 other hose bibs or faucets to which hoses are attached and left in place, shall be 20 protected by an approved atmospheric-type vacuum breaker or an approved 21 permanently attached hose connection yacuum breaker. /'1 ...,,, (3 ) Supplv. The water supply system shall be installed and maintained to -'- .1 24 provide a supply of water to plumbing fixtures, devices, and appurtenances in ...,- sufficient volume and at pressures adequate to enable the fixtures to function ~) 26 properly. safely. and free from defects and leaks. 27 28 (4 ) Water heating facilities. Water heating facilities shall be properly 29 installed, maintained and capable of providing an adequate amount of water to be 30 drawn at every required sink. lavatory, bathtub, shower, and laundry facility at a 31 temperature of not less than 1 lOaF ( 43 aC). A gas-burning water heater shall not "/ be located in anv bathroom, toilet room. bedroom or other occupied room .1- 33 normallv kept closed. unless adequate combustion air is provided. An approved 34 combination temperature and pressure-relief valve and relief valve discharge pipe 35 shall be properly installed and maintained on water heaters. 36 37 (n Sanilar}' drainage svstem. 38 39 (1) General. All plumbing fixtures shall be properly connected to either a 40 public sewer system or to an approved private sewage disposal svstem. 41 42 (2) Maintenance. Every plumbing stack, vent, waste and sewer line shall 43 function properly and be kept free from obstructions. leaks and defects. 44 45 (g) Storm drainaxe. 46 17 1 (1) General. Drainage of roofs and paved areas, yards and courts, and other 2 open areas on the premises shall not be discharged in a manner that creates a 3 public nuisance. 4 5 Sec. 10-59. Mechanical and electrical requirements. 6 7 (a) General. 8 9 (1) Scope. The provisions of this section shall govern the minimum 10 mechanical and electrical facilities and equipment to be provided. 11 12 (2) Responsibility. The owner of the structure shall provide and maintain 13 mechanical and electrical facilities and equipment in compliance with these 14 requirements. A person shall not occupy as owner-occupant or permit another 15 person to OCCUPy any premises which does not comply with the requirements of 16 this section. 17 18 (b) Reserved. 19 20 (c) Mechanical equipment. 21 22 (1) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel- 23 burning appliances, cooking appliances and water heating appliances shall be 24 properly installed and maintained in a safe working condition, and shall be 25 capable of performing the intended function. 26 27 (2) Removal of combustion products. All fuel-burning equipment and 28 appliances shall be connected to an approved chimney or vent. This provision 29 shall not apply to fuel-burning equipment and appliances which are labeled for 30 unvented operation. 31 32 (3) Clearances. All required clearances to combustible materials shall be 33 maintained. 34 35 (4) Safety controls. All safety controls for fuel-burning equipment shall be 36 maintained in effective operation. 37 38 (5) Combustion air. A supply of air for complete combustion of the fuel and 39 for ventilation of the space containing the fuel-burning equipment shall be 40 provided for the fuel-burning equipment. 41 42 (6) Energy conservation devices. Devices intended to reduce fuel 43 consumption by attachment to a fuel-burning appliance, to the fuel supply line 44 thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless 45 labeled for such purpose and the installation is specifically approved. 46 47 (d) Electrical facilities. 18 1 2 (1) Facilities required. Every occupied building shall be provided with an " electrical system in compliance with the requirements of this section. -' 4 5 (2) Service. The size and usa~e of appliances and equipment shall serve as a 6 basis for determining the need for additional facilities in accordance with the 7 NFP A 70 - National Electrical Code. Dwelling units shall be served bv a three- 8 wire. 120/240 volt. single-phase electrical service having a rating of not less than 9 60 amperes. 10 11 (3) Electrical system hazards. Where it is found that the electrical svstem in a 12 structure constitutes a hazard to the occupants or the structure by reason of 13 inadequate service. improper fusing. insufficient receptacle and lighting outlets, 14 improper wiring or installation. deterioration or damage, or for similar reasons. the 15 Building Official shall require the defects to be corrected to eliminate the hazard. 16 17 (e) Electrical equipment 18 19 (1) Installation. All electrical equipment. wiring, and appliances shall be 20 properly installed and maintained in a safe and approved manner. 2] 22 (2) Receptacles. Everv habitable space in a dwelling shall contain at least two 23 separate and remote receptacle outlets. Every laundrv area shall contain at least 24 one grounded-type receptacle or a receptacle with a ground fault circuit ,~ interrupter. Every bathroom shall contain at least one receptacle. Am new -) 26 bathroom receptacle outlet shall have ground fault circuit interrupter protection. 27 28 (3) Luminaries. Every public hall, interior stairway. toilet room. kitchen. 29 bathroom, laundry room, boiler room. and furnace room shall contain at least one 30 electric luminaire. 31 "') (f) Elevators. escalators and dumbwaiters. -'- "" -'-' 34 (1) General. Elevators. dumbwaiters. and escalators shall be maintained in 35 compliance with Florida statutes and ASME AI7 .1. The most current certification 36 of inspection shall be on displav at all times within the elevator or attached to the 37 escalator or dumbwaiter. or the certificate shall be available for public inspection 38 in the office of the building operator. The inspection and tests shall be performed 39 at not less than the periodical intervals listed in ASME AI7.I. Appendix N. 40 except where otherwise specified by the authority having iurisdiction. 41 42 (2) Elevators. In buildings equipped with passenger elevators, at least one 43 elevator shall be maintained in operation at all times when the building is 44 occupied. Buildings equipped with only one elevator shall be permitted to have 45 the elevator temporarily out of service for testing or servicing. 46 47 (g) Duct systems. ]9 1 2 (1) General. Duct systems shall be maintained free of obstructions and shall 3 be capable of performing the required function. 4 5 Sec. 10-60 Fire safety requirements. 6 7 (a) General. 8 9 (1) Scope. The provisions of this section shall govern the minimum 10 conditions and standards for fire safety relating to structures and exterior 11 premises, including fire safety facilities and equipment to be provided. 12 13 (2) Responsibility. The owner of the premises shall provide and maintain 14 such fire safety facilities and equipment in compliance with these requirements. 15 A person shall not occupy as owner-occupant or permit another person to occupy 16 any premises that do not comply with the requirements of this section. 17 18 (b) Means of eftress. 19 20 (1) General. A safe, continuous, and unobstructed path of travel shall be 21 provided from any point in a building or structure to the public way. Means of 22 egress shall comply with the Florida Fire Prevention Code. 23 24 (2) Aisles. The required width of aisles in accordance with the Florida Fire 25 Prevention Code shall be unobstructed. 26 27 (3) Locked doors. All means of egress doors shall be readily openable from 28 the side from which egress is to be made without the need for keys, special 29 knowledge, or effort, except where the door hardware conforms to that permitted 30 by the Florida Building Code. 31 32 (4) Emergency escape openings. Required emergency escape openings shall 33 be maintained in accordance with the code in effect at the time of construction, 34 and the following. Required emergency escape and rescue openings shall be 35 operational from the inside of the room without the use of keys or tools. Bars, 36 grilles, grates or similar devices are permitted to be placed over emergency escape 37 and rescue openings provided the minimum net clear opening size complies with 38 the code that was in effect at the time of construction and such devices shall be 39 releasable or removable from the inside without the use of a key, tool or force 40 greater than that which is required for normal operation of the escape and rescue 41 opemng. 42 43 (c) Fire-resistance ratings. 44 45 (1) Fire-resistance rated assemblies. The required fire-resistance rating of 46 fire-resistance-rated walls, fire stops, shaft enclosures, partitions, and floors shall 47 be maintained. 20 ] ! (2) Opening protectives. Required opening protectives shall be maintained in 3 an operative condition. All fire and smoke-stop doors shall be maintained iJ} 4 operable condition. Fire doors and smoke barrier doors shall not be blocked or 5 obstructed or otherwise made inoperable. 6 7 (d) Fire protection svstems. 8 9 (1) General. All systems, devices and equipment to detect a fire, actuate an 10 alarm, or suppress or control a fire or any combination thereof shall be maintained 11 in an operable condition at all times in accordance with the Florida Fire 12 Prevention Code. 13 14 (2) Smoke alarms. Single or multiple-station smoke alarms shall be installed 15 and maintained in all multi-unit dwellings regardless of occupant load at all of the 16 following locations: 17 18 a. On the ceiling or wall outside of each separate sleeping area in the 19 immediate vicinity of bedrooms. 20 21 b. In each room used for sleeping purposes. !! !^' C. In each story within a dwelling unit, induding basements and ~-) 24 cellars but not including ( crawl spaces and uninhabitable attics. In 25 dwellings or dwelling units with split-levels and without an intervening 26 door between the adjacent levels. a smoke alarm installed on the upper 27 level shall suffice for the adiacent lower level provided that the lower level 28 is less than one full story below the upper level. 29 30 Single or multiple-station smoke alarms shall be installed in other groups 31 in accordance with the Florida Fire Prevention Code. 32 33 (3) Power source. In all multi-unit dwellings. single-station smoke alarms 34 shall receive their primarv power from the building wiring provided that such 35 wiring is served from a commercial source and shall be equipped with a battery 36 backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall 37 be permanent and without a disconnecting switch other than as required for over- 38 current protection. Smoke alarms are permitted to be solely battery operated in 39 buildings where no construction is taking place, buildings that are not served from 40 a commercial power source and in existing areas of buildings undergoing 4] alterations or repairs that do not result in the removal of interior wall or ceiling 42 finishes exposing the structure. unless there is an attic. crawl space or basement 4^' available which could provide access for building wiring without the removal of J 44 interior finishes. 45 46 (4) Interconnection. Where more than one smoke alarm is required to be 47 installed within an individual dwelling unit in Group R-2. R-3. R-4 and in 21 1 dwellings not regulated as Group R occupancies, the smoke alarms shall be 2 interconnected in such a manner that the activation of one alarm will activate all 3 of the alarms in the individual unit. The alarm shall be clearly audible in all 4 bedrooms over background noise levels with all intervening doors closed. 5 Interconnection is not required in buildings. which are not undergoing alterations, 6 repairs, or construction of any kind. Smoke alarms in existing areas are not 7 required to be interconnected where alterations or repairs do not result in the 8 removal of interior wall or ceiling finishes exposing the structure. unless there is 9 an attic, crawl space or basement available which could provide access for inter- 10 connection without the removal of interior finishes. 11 12 Sec. 10-61. Penalties. 13 14 Any person convicted of the violation of any of the terms or provisions of this article or 15 any code, requirements. or standards adopted hereby shall be subject to penalties as 16 provided in Chapter 1 , Section 1-6 of the City of Boynton Beach Code of Ordinances. In 17 addition, the City may use any equitable or legal remedy available at law to enforce any 18 violation of the terms or provisions of the City's Code of Ordinances. If any person 19 commences any work on a building, structure, plumbing, mechanical, or gas system 20 before obtaining the necessary permit, he shall be subiect to a penalty offoUT (4) times the 21 established permit fee. The Director of Development may allow a waiver of the penalty 22 fee, in whole or in part, when such waiver is supported by the circumstances that apply to 23 the specific instance of imposing a penalty fee, and does not violate the best interests of 24 the city. 25 26 Sec. 10-62. Referenced standards. 27 28 This section lists the standards that are referenced in various section of this article. The 29 standards are listed herein by the promulgating agency of the standard, the standard 30 identification, the effective date. title, and the section( s) of this document that reference 31 the standards. 32 33 ASME American Society of Mechanical Engineers 34 Three Park A venue 35 New York, NY 10016-5990 36 37 Standard Reference Title 38 39 A17.1-2000 Safety Code for Elevators and Escalators with A17.1a 200d 40 Addend 41 42 ASTM ASTM International 43 100 Barr Harbour Drive 44 West Conshohocken, P A 19428-2959 45 46 Standard Reference Title 47 22 1 F 1346-91 (2003) Performance Specification for Safety Covers andL,!belm~ 2 Requirements for all Covers for Swimming. Pools. Spa~oJ1A1_qJ::h)J .., Tubs ,) 4 5 Florida Codes Florida Building Commission 6 c/o Florida Department of Communi tv Affairs 7 Building Codes and Standards 8 2555 Shumard Oak Boulevard 9 Tallahassee. Florida 32399-2100 10 ] 1 Standard Reference Title ]2 13 Florida Building Code. Building ]4 Florida Building Code. Residential 15 Florida Building Code. Plumbing 16 Florida Building Code. Mechanical 17 Florida Building Code. Fuel Gas 18 Florida Building Code. Existing Building 19 Florida Fire Prevention Code 20 21 NFPA National Fire Protection Association '1, Batterymarch Park ..,.., Quincv. MA 02269 ....,) 24 , - Standard Reference Title ~) 26 27 70-05 National Electric Code 28 29 Section 4. Each and every other provision of the City of Boynton Beach Code of 30 rdinances not herein specifically amended. shall remain in full force and eHect as originally 31 32 Section 5. All laws and ordinances applying to the City of Boynton Beach in conf1iet 33 ith any provisions of this ordinance are hereby repealed. 34 Section 6. Should any section or provision of this Ordinance or any portion thereof be ..,~ eclared by a court of competent jurisdiction to be invalid. such decision shall not affect the .)) 36 emainder of this Ordinance. 37 Section 7. Authority is hereby given to codify this Ordinance. 38 Section 8. This Ordinance shall become eHective immediately. ..,.., --' 1 FIRST READING this day of ,2008. 2 SECOND, FINAL READING AND PASSAGE this _ day of ,2008. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor- Jerry Taylor 8 9 10 Vice Mayor - Jose Rodriguez 11 12 13 Commissioner - Ronald Weiland 14 15 16 Commissioner - Woodrow L. Hay 17 18 ATTEST: 19 Commissioner- Marlene Ross 20 21 Janet M. Prainito, CMC 22 ity Clerk 23 24 Corporate Seal) 25 24 DEPARTMENT OF DEVELOPMENT Memorandum PZ 08-077 TO: Chairman and Members, Planning and ~ent Board THRU: Michael Rumpf . ' Director of Plan 9 and Zoning FROM: Eric Lee Johnson, Alep ~ Planner II . DATE: September 17, 2008 RE: LDR Rewrite Project A portion of Group 6 Part II, Chapter 10, Article IV Property Maintenance Requirements Introduction A task of rewriting the Land Development Regulations is to update the entire Part III (Land Development Code) of the City's Code of Ordinances. In April of 2007, staff presented the Boards and Commission with a progress report and proposed work schedule of the LDR Rewrite project. Staff determined that it would be best to break down the entire project into eight (8) different groups. At this time, staff is delivering a portion ofthe sixth component of the eight-phase project (see attached). Group 1 and Group 2 emphasized matters relating to zoning districts and allowable uses. The third and forth deliverables emphasized site development standards, such as off- street parking calculations, off-street parking lots and other vehicular use areas, exterior lighting, rights-of-way and infrastructure, environmental protection, landscape design and buffering, and exterior building and site design. Group 5 consisted of the Supplemental (zoning) Regulations that included, in part, topics such as walls and fences, sidewalk cafes, accessory structures, the sale of used merchandise, outdoor storage, temporary sales events, and nonconforming uses. The entire Group 6 includes proposed amendments to two (2) existing chapters of the LDR, namely 1) Chapter 20 - Buildings, Housing and Construction General, and 2) Chapter 21 - Signs. Initially, the proposed changes and formatting effort resulted in the creation of four (4) separate articles, all of which are earmarked for insertion into the fourth chapter of the new LDR (see Memorandum P&Z 08-076 dated August 2 L 2008). One of these articles (flood prevention requirements) was presented to the Planning & Development Board in August and is scheduled for review by the City Commission in September. However, unlike most other articles drafted to date, the newly \vritten property maintenance requirements (see attached) should be inserted into Part II of the Code of Ordinances rather than Part III (LDR), due to its subject matter and application to existing conditions rather than new construction. The name of each new article which comprises Group 6 is proposed as follows (in bold italics): GROUP 6 Part III (proposed reorganization) Chapter 4. Site Development Standards Article I. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Article IV. Sign Standards (future) Article V. Minimum Off-Street Parking Requirements Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Article VII. Lighting Standards Article VIII. Utility and Infrastructure Design Standards Article IX Building, Construction, and Historic Preservation (future) Article X Flood Prevention Requirements (under review) PART II (existing City Code of Ordinances) Chapter 10. Refuse, Abandoned Property , and Property Maintenance Requirements Article IV. Property Maintenance Requirements (see attached) Only the property maintenance requirements of this group are being presented at this time, and the remaining two (2) articles of Group 6 are scheduled for completion for the next deliverable. Summary I Recommendation Chapter 20 of the existing LDR (Housing, Building, and Construction General) is currently comprised of the following topics: building security code, electrical code, energy efficiency, flood prevention, housing, swimming pools and spas, workforce housing program, and historic perseveration. This portion of Group 6 contains newly drafted property maintenance requirements, which are based on the 2006 International Property Maintenance Code (IPMC), published by the International Code Council (ICC). The new property maintenance requirements are regulations that would provide minimum standards for the upkeep of all vacant and developed property in the city. Local jurisdictions that currently utilize at least a portion of the IPMC include Boca Raton and Wellington, and Lake Worth anticipates adopting similar code amendments in the near future. "While much of the existing Chapter 20 is proposed to be eliminated (as it is superseded by recent updates to the Florida Building Code), these revisions are intended to place greater emphasis on non-residential and 2 vacant properties, as well as generally increase the acceptable quality standards of all existing lighting, ventilation, plumbing, mechanical. and electrical improvements. These proposed enhancements will also establish new and updated regulations ror life safet\ matters including minimum requirements for emergency escape openings. means OJ egress, and fire protection systems. It should be noted that all new developments and renovations to existing buildings must still comply with the Florida Building Code. which these regulations would compliment. The summary of changes is as follow: . Chapter 20, Article I, Section 2. Certificate of treatment of termites, is noV\ covered by Chapter 1 of the FBC, Building; . Chapter 20, Article I, Section 5. Accessibility by handicapped, is now covered in depth by Chapter 11 of the FBC, Building: . Chapter 20, Article I, Section 7. Soil tests, is now covered by Chapter ] 8 of the FBC, Building and Chapter 4 of the FBC, Residential; . Chapter 20, Article V. Energy Efficiency Code, is now replaced by Chapter 13 of the FBC and will soon be additionally covered when Florida adopts the International Energy Conservation Code; . Chapter 20, Article IX. Swimming Pools and Spas, is now covered by Section 424 of the FBC, Building and Chapter 41 of the FBC, Residential: and . Chapter 20, Article I, Section 8. Building security code and Chapter 20, i<\rticle VIII. Housing, is superseded by the attached (property maintenance requirements). The remaining existing sections of Chapter 20 (i.e. workforce housing, historic preservation, State Housing Initiative Program (SHIP) will be reviewed as part of a future deliverable and incorporated within separate articles in the proposed LDR. The attached work product reflects a collaborative effort on the part of the Department of Development (both the Planning & Zoning Division and the Building Division), Code Compliance, Public Works, and the City Attorney's office. Staff recommends that the Board and Commission approve this draft portion of Group 6; however, any changes recommended by the Board and the Commission will be incorporated into the document or scheduled for ultimate consideration at time of adoption. S:\PlanninglZoning Code Update\LDR Rewrite\StaffReports\Group 6 (Ch 4, Art 11 Ldoc 3 ARTICLE IV. PROPERTY MAINTENANCE REOUlREMENTS RESERVED* *Editor's Rote Orrl. .Va. 9C 16, J f 1, 2, flS:o ptcd.k!)' 3, 199C, s'aelishcd the n:uisflncc S.afltemcnt eo(;'mi a.nd re]9ctlles Drd. Ns. 90 2; ,lWl'lCC, Art. !T~ pert&ining lS such subject 1'IZ3tter ha:; aeen deleted. Prier te dcletisn, Art. n~ Sf 10 55 10 61, deri-.:edfr61'11 O1'd. .vB. 87 39, J 1, s.deptcd Oct. 2C, 1987; as amended by Ord. .Vs. 902, Sf 1 1, as:ept-crl,Is,11.. 16, 1990. Sees. 10 54 10 81. Resen'cd. Sec. 10-54. Rules. Unless otherwise expressly stated. the following terms shall. for the purposes of this code have the meaninlZs shown in this section. (1) InterchanlZeabilitv. W oreis stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter: the sinlZUlar number includes the plural and the plural. the sinrular. (2) T ermsnot defined. VVhere terms are not defined through the methods authorized bv this section. such terms shall have ordinariI v accepted meanings such as the context implies. (3) Parts. \Vhenever the words "dwelling unit." "dwelling." "premises." ''building.'' "rooming house." "rooming: unit" "housekeeping unit" or "stOry" are stated in this code. they shall be construed as though they were followed bv the words "or any part thereof." Sec. 10-55. DefInitions. As used in this article: Approved: Approved bv the City Manager or designee. Basement: That portion of a building which is partly or completely below grade. Bathroom: A room containing plumbing fixtures including a bathtub or shower. Bedroom: Anv room or space used or intended to be used for sleepinlZ purposes in either a dwelling or sleeping unit. Condemn: To ad;udge unfit for occupancy. Dwellinf! Unit: A sinlZle unit providin2: complete. independent livin2: facilities for one or more ne!'sons.. inc-lud;n(Tne!'!!lm.entnrc'l/isicn~-for li""rin-" slee-in-. catin-. cuokin- and sanitation. Easement: That portion ofland or property reserved for present or future use bv a person or alZencv other than the le2:al fee owner( s) of the property. The easement shall be permitted to be for use under. on. or above a said lot or lots. Exterior Propertv: The open space of the premises and on ad;oining propertvunder the control of owners or operators of such premises. 1 September 17, 2008 Extermination: The control and elimination of insects. rats or other D::::stS (1\ eliminatin~ their harbora~e places: bv removin~ or making inaccessible materials thai serves as their food: bvpoison spravin2:. fumi~atinQ. and trappin~ or bv any other approved pest elimination methods. Garbage: The animal or ve!letable waste resultin!l from the handling. preparation.: cooking. and consumption of food. Guard: A building component or a system ofbuildin!l components located at or near the open sides of elevated walkin!! surfaces that minimizes the possibiEtv of a fall from the walking surface to a lower level. Habitable Soace: Space in a structure for living. sleeping. eatin~. or cookim!. Bathrooms. toilet rooms. closets. halls, storage or utilitv spaces. and similar areas are not considered habitable spaces. Housekeepinf! Unit: A room or group of rooms fonning a sin~le habitable space eauipped and intended to be used for living. sleeping, cooking. and eatinQ which does not contain. within such a unit. a toilet. lavatorv and bathtub or shower. Imminent Danf!er: A condition which could cause serious or life-threatenin~ injurv or death at any time. Infestation: The presence. within or conti2Uous to. a structure or premises of insects. rats. vennin or other pests. Inoperable Motor Vehicle: A vehicle which cannot be driven upon the public streets for reason includin2: but not limited to being unlicensed. wrecked. abandoned. in a state of disrepair. or incapable ofbein2: moved under its own power. Labeled: Devices. equipment. appliances. or materials to which has been affixed a label. seal. svmbol or other identifving mark of a nationally recomized testing laboratoT\'. inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recmmized standards. Let (or Occuoancv or Let: To pennit. provide. or offer possession or occupancv of a dwelling. dwellin!l unit. rooming unit. building. premise or structure bv a person who is or is not the legal owner of record thereof. pursuant to a written or unwritten lease. alITeement or license. or pursuant to a recorded or unrecorded agreement of contract for the sale ofland. Occuoancv: The purpose for which a bi1ildihQ: or portion thereof is utilized or occupied. Occuoant: Anv individual living or sleepinQ: in a buildinlZ. or havinlZ possession of a space within a buildin!l. Ooenable Area: That part of a window. sk'VlilZht or door which is available for unobstructed ventilation and which opens directly to the outdoors. ! - September 17. 2008 Operator: Anv person who has char!!e. care. or control of a structure or premises which is let or offered for occupancy. Owner: Anv person. a!!ent. operator. finn or corporation havin!! a le!!al or equitable interest in the propertY: or recorded in the official records of the state. county or municipality as holding title to the propertY: or otherwise having control of the propertY. including the guardian of the estate of any such person. and the executor or administrator of the estate of such person if ordered to take possession of real propertY by a court. Person: An individuaL corporation.. partnership or any other grOUP acting as a unit. Premises: A lot. plot.. or parcel of land. easement, or public way. includin2: any structures thereon. Public Wav: Any street. alley. or similar parcel of land essentially unobstructed from the ground to the skv. which is deeded, dedicated. or otherwise permanently appropriated to the public for public use. Roomintz House: A building arranged or occupied for lodging. with or without meals. for compensation and not occupied as a one- or two-family dwelling. Roomintz Unit: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living. but not for cooking purposes. Rubbish: Combustible and noncombustible waste materials. except !!arbal!e. The term shall include the residue from the buming of wood. coaL coke and other combustible materials. paper. ra!!s. cartons. boxes. wood. excelsior. rubber. leather. tree branches. yard trimmin!!s. tin cans. metals. mineral matter. glass. crockery and dust and other similar materials. Sleepintz Unit: A room or space in which people sleep. which can also include permanent provisions for living, eatin!! and either sanitation or kitchen facilities. but not both. Such rooms and spaces that are also part of a dwellin!! unit are not sleeping units. Structure: That which is built or constructed or a portion thereof. Tenant: A person. corporation. partnership or grouP. whether or not the legal owner of record. occupying a buildinl;! or portion thereof as a unit. Toilet Room: A room containing a water closet or urinal but not a bathtub or shower. Ventilation: The natural or mechanical process of supplvin!! conditioned or UiiconillfioneaaITto:or-ieii1oViii~'suc1i-arr-from. anvspace:. .... . Workmanlike: Executed in a skilled manner: e.g.. !!enerallvplumb.leveL square. in line. undamaged and without marrin!! adiacent work. Yard: An open space on the same lot with a structure. Sec. 10-56. General reQuirements. (a) General. ..., ;) September 17, 2008 (1) Applicabilitv. The provisions of this section shall !!overn the mmlmurr~ conditions and the responsibilities of persons for maintenance of structur~~-" equipment and exterior propertv located v.rithin the Citv. (2) Responsibilitv. The owner of the premises shall maintain the structures and exterior propertv in compliance with these reauirements. A person shall not OCCUP\' as owner-occupant or permit another person to occupv premises which are not in a sanitary and safe condition and which do not complv v.rith the requirements of this section. Occupants of a dwellin!! unit. roomin!! unit or housekeepin!! unit are responsible for keepin!! in a clean. sanitarv and safe condition that part of the dwellin2: unit. roomin2: unit. housekeepin2: unit or premises. which thev occupv and control. (3) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean. safe. secure and sanitary condition as provided herein so as not to cause a bli2:htin2: problem or adverse1v affect the public health or safetv. (b) Exterior 'f)rooertv areas. (1) Sanitation. All exterior property and premises shall be maintained in a clean. safe. and sanitary condition. The occupant shall keep that part of the exterior property. which such occupant occupies or controls in a clean and sanitary condition. (2) Gradin2: and draina~e. All premises shall be {!Taded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon. except in approved retention areas and reservoirs. or within anv structure located thereon. (3) Sidewalks and drivewavs. All sidewalks. walkways. stairs. drivewavs. parkin2: spaces. and similar areas shall be kept in a proper state of repair. and maintained free from hazardous conditions. (4) Weeds. All premises and exterior property shall be maintained free from weeds or plant {!Towth in excess of twelve inches (12"), All noxious weeds shall be prohibited. Weeds shall be defined as all {!Tasses. plants. and ve2:etation. otherthan trees or shrubs provided: however. this term shall not include cultivated flowers. 2:ardens. and vards certified bv the Florida Yards and Nei2:hborhoods pro2:Iam. (5) Rodent harbora2:e. All structures and exterior propertY shall be keot free .;::,..,.,.,." rnrlPnt 1, <:Ir'h"'l"'HTP <:Inrl in f'PC!t<=lti "n Where rode!!.ts are- foD.!ld._ they sh.~ll be .........._....L.L ....___......... .......__...._...___ _..._ .................______............... promptlv exterminated bv approved processes which will not be iniurious to human health. After extermination. proper precautions shall be taken to eliminate rodent harbora2:e and prevent re-infestation. (6) Exhaust vents. Pipes. ducts. conductors. fans. or blowers shall not dischar!!e !!ases. steam. vapor. hot air. ~ease. smoke. odors. or other 2:aseous or particulate wastes directlv upon abuttim! or adiacent public or private proPertv or that of another tenant. 4 September 17. 2008 (7) Accessory structures. All accessory structures. includinQ: detached garages. fences and walls. shall be maintained structurally sound and in r!Ood repair. (8) Defacement ofpropertv. No person shall willfully or wantonly damage. mutilate or deface any exterior surface of any structure or building on any private or public property bv placing thereon anv marking. carving or !!I'affiti. It shall be the responsibility of the owner. to restore said surface to an approved state of maintenance and repair. (c) Swimminf! pools. spas. and hot tubs. (1) Swimming pools. SwimminQ: pools shall be maintained in a clean and sanitary condition. and in l!ood repair. (2) Enclosures. Private swimming pools. hot tubs. and spas. containinl! water more than 24 inches (610 mm) in depth shall be completely surrounded bv a fence or barrier at least 48 inches (1219 mm) in height above the finished QI'ound level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latchinl!. Where the self-latchinl! device is less than 54 inches (1372 mm) above the bottom of the l!ate. the release mechanism shall be located on the poolside of the l!ate. Self-closing and self-latchinl! gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the ~atepost. No existing pool enclosure shall be removed. replaced. or changed in a manner that reduces its effectiveness as a safety barrier. Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. (d) Exterior structure. (1) General. The exterior of a structure shall be maintained in l!ood repair. structurally sound and sanitary so as not to pose a threat to the public health. safety. or welfare. (2) Protective treatment. All exterior surfaces. including but not limited to. doors. door and window frames. cornices. porches. trim. balconies. decks and fences shall be maintained in good condition. Exterior wood surfaces. other than decay resistant woods. shall be protected from the elements and decay by paintin~ or other protective covering or treatment. Peelinl!. flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry ioints as well as those between the building: envelope and the perimeter of windows. doors. and skvliehts shall be maintained weather resistant and watertight. All metal surfaces subiect to _ rust or corrosion shall be coated to inhibitsucbnlsLand_corro~i(l!) and_all surfa('~s with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization bv oxidation are exempt from this requirement. (3) Premises identification. Buildings shall have approved address numbers placed in a position to be plain! v le!.!ible and visible from the street or road fronting the propertY. These numbers shall contrast with their bacbrround. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall have a 5 September 17, 2008 minimum stroke width of 0.5 inch (12.7 mm) and shall be a illlffimum 01 4 Inches (102 mm) m2"h for sin2"le family units. 4 inches (102 mm) hi2:h at front and rea; entrances for multi-familv units. and 6 inches (153 mm) for commercial un1t~c, (4) Structural members. All structural members shall be mamtained free from deterioration. and shall be capable of safelv supportln2: the imposed dead andlive loads. (5) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (6) Exterior walls. All exterior walls shall be free from holes. breaks. and loose or rotting materials. and maintained weatherproof and properlv surface coated where required to prevent deterioration. (7) Roofs and drainage. The roof and flashing shall be sound. tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains. 2Utters. and downspouts shall be maintained in 2"ood repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. (8) Decorative features. All cornices. belt courses. corbels. terra cotta trim. wall facings. and similar decorative features shall be maintained in Q:ood repair with proper anchora2"e and in a safe condition. (9) OverhanQ: extensions. All overhanQ: extensions including, but not limited to canopies. marquees. siQ:l1s. metal awnin2"s. fire escapes. standpipes. and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. \Vben required. all exposed surfaces of metal or wood shall be protected from the elements and aQ:ainst decav or rust bv periodic application of weather-coatin2" materials. such as paint or similar surface treatment. (0) Stairways. decks. porches and balconies. Everv exterior stairwav. deck. porch and balcony. and all appearances attached thereto. shall be maintained structurally sound. in Q:ood repair. with proper anchoraQ:e and capable of supporting the imposed loads. 01 ) Chimneys and towers. All chimneys. cooling towers. smoke stacks. and similar appurtenances shall be maintained structurally safe and sound. and in ~!:Ood repair. All exposed surfaces of metal or wood shall be protected from the elements anda!!ainst decay ormst bvneriodic apnlication ofweather coarin!! materials. such as paint or similar surface treatment. (12) Handrails and 2"Uards. Everv handrail and !!Uard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (13) Vlindow. skvli!!b.t and door frames. Every window. skvli2"ht. door. and frame shall be kept in sound condition. Q:ood reoair. and weather ti2"ht. 6 September 17. 2008 a. Glazin!!. All !!lazin!! materials shall be maintained free from cracks and holes. b. Openable windows. Every window. other than a fixed window, shall be easilv openable and capable of be in!! held in position bv window hardware. (14) Insect screens. Every door. window and other outside openin!! required for ventilation of habitable rooms. food preparation areas. food service areas or any areas where products to be included or utilized in food for human consumption are processed. manufactured. packaged or stored shall be supplied with approved titilitlv fittin!! screens of not less than 16 mesh per inch (16 mesh per 25 mm ). and every screen door used for insect control shall have a self-closin!! device in good working condition. Exception: Screens shall not be required where other approved means. such as air curtains or insect repellent fans. are emploved. (15) Doors. All exterior doors. door assemblies. and hardware shall be maintained in !!ood condition. Locks at all entrances to dwellin!! units and sleeping units shall tightly secure the door. Locks on means of elITess doors shall be in accordance with Section 1 0-60(b )(3). (16) Basement and crawl sPace hatchwavs. Everv basement hatchwav shall be maintained to prevent the entrance of rodents. rain. and surface drainage water. (17) Guards for basement and crawl space windows and vents. Everv basement window that is openable shall be supplied with rodent shields. storm windows or other approved protection al!ainst the entry of rodents. (18) Buildinl! security. Doors. windows. or hatchwavs for dwellin!! units. room units. or housekeepin!! units shall be provided with devices designed to provide security for the occupants and property within. a. Doors. Doors providinl! access to a dwellinl! unit. roominl! unit, or housekeeping unit that is rented. leased. or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys. special knowledge. or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section. a sliding bolt shall not be considered an acceptable deadbolt lock. _,__, _.__ .."__ .._.__._"__'~' ....,.'___"___.' ____.____._.__. _._" _._ ,,_,.."'..~.~.~.n~.. b. Windows. Ooerable windows located in whole or in part within 6 feet (1828 mm) above ~ound level or a walkinl! surface below that provide access to a dwelling 1in.it. rooming unit or housekeeping unit that is rented. leased or let shall be equipped with a window sash locking device. 7 September 17, 2008 (e) Interior structure. (1) General. The interior of a structure and equipment therein shall he maintained in good repair. structurallv sound. and in a sanitary condition. Occupants shall keep that part of the structure which thev OCCUPy or contra] in a clean and sanitary condition. Everv owner of a structure containing a rooming house, housekeeping unit. a hotel. a dormitorv. two or more dwellimr units or two or more nonresidential occupancies. shall maintain. in a :::lean and sanitan condition. the shared or public areas of the structure and exterior Dropem.. (2) Structural members. ..0\11 structural members shall be maintained structurally sound. and be capable of supporting the imposed loads. (3) Interior surfaces. All interior surfaces. including windows and doors. shall be maintained in good. clean, and sanitary condition. Peeling. chipping. flaking. or abraded paint shall be repaired. removed. or covered. Cracked or loose olaster. decaved wood. and other defective surface conditions shall be corrected. (4) Stairs and walking surfaces. Every stair. ramp. landing. balcom'. porch. deck. or other walking surface shall be maintained in sound condition and f!ood repaIr. (5) Handrails and l!Uards. Everv handrail and QUard shall be firmly fastened and capable of supportinf! normally imposed loads and shall be maintained in good condition. (6) Interior doors. Every interior door shall fit reasonablv well within its frame and shall be capable of being opened and closed bv being properly and securelv attached to iambs, headers. or tracks as intended bv the manufacturer of the attachment hardware. (fl Handrails and f!Uardrails. (1) General. Every exterior and interior flight of stairs havinf! more than four risers shall have a handrail on one side of the stair and every open portion of a stair. landin!!. balconv. porch. deck. ramp or other walkinf! surface which is more than 30 inches (762 mm) above the floor or lITade below shall have l!Uards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured verticallv above the nosinQ: of the tread or above the finished floor ofthe landing or walkinQ: surfaces. Guards shall not be less than 30 inches (762 mm l high above the floor of the landing. balconv. porch, deck. or ramo or other walkinf! SlJrf~ r-e. Guards shall not be required where exempted bv the Florida BuildinQ: code. r Q:) Rubbish and rzarbarze. (1) Accumulation of rubbish or f!arbage. All exterior ProDertv and premises. and the interior of every structure. shall be free from anv accumulation of rubbish or Q:arbage. 8 September 17. 2008 (2) Disposal of rubbish. Everv occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in aporoved containers. a. Refril!erators. Refrigerators and similar eauipment not in operation shall not be discarded. abandoned. or stored on premises without first removing the doors. (3) Disposal of garbage. Everv occupant of a structure shall dispose of [arbage in a clean and sanitary manner by placing such garbage in an approved [arba[e disposal facility or approved garbal!e containers. a. Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit: an approved incinerator unit in the structure available to the occupants in each dwelling unit: or an approved leak-oroof. covered. outside garbage container . b. Containers. The operator of every establishment producing garbage shall provide. and at all times cause to be utilized. approved leak-proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. (h) Extermination. (1) Infestation. All structures shall be keot free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be iniurious to human health. After extermination. proper precautions shall be taken to prevent re-infestation. (2) Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. (3) Single occupant. The occupant of a one-family dwelling or of a single- tenant nonresidential structure shall be responsible for extermination on the premIses. (4) Multiple occupancv. The owner of a structure containing two or more dwelling units. a multiple occupancy. a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused bv failure of an occupant to prevent such infestation in the area occupied. the occupant shall be responsible for exterm.ination:- . (5) Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Where the infestations are caused by defects in the structure. the owner shall be responsible for extermination. Sec. 10-57. Li.2ht. ventilation and occupancv limitations. (a) General. 9 September 17, 2008 (1) Scope. The provisions ofthis section shall {!overn the minimum conditIOns and standards for li{!ht. ventilation. and space for OCCUPvill!2 a structure. (2) Responsibilitv. The owner of the structure shall provide and maintain li{!ht. ventilation and space conditions in compliance with these requirements. A person shall not occupv as owner-occupant. or permit another person to occUP\'. an\' premises that do not comply with the reauirements of this section. (3) Alternative devices. In lieu of the means for naturalli{!ht and ventilation herein prescribed. anificial liQht or mechanical ventilation complvimr with the Florida Buildin{! Code shall be permitted. (b) Light. (1) Habitable spaces. Everv habitable space shall have at least one window of approved size facin{! directlv to the outdoors or to a court. The minimum total {dazed area for every habitable space shall be 8 percent of the floor area of such room. 'Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 rom) from the window and extend to a level above that of the ceilin~ of the room. such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Where naturalli!!ht for rooms or spaces without exterior Q:lazinQ: areas is provided throu!!h an adioininQ: room. the unobstructed openinQ: to the adioinin{! room shall be at least 8 percent of the floor area of the interior room or space. but not less than 25 square feet (2.33 mm ). The exterior Q:lazinQ: area shall be based on the total floor area beinQ: served. (2) Common halls and stairwavs. Everv common hall and stairwav in residential occupancies, other than in one- and two-family dwellings. shall be liQ:hted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet 09 m2) of floor area or equivalent illumination. provided that the spacinQ: between liQ:hts shall not be 2Teater than 30 feet (9144 mm). In other than residential occupancies. means of e~ess. includinQ: exterior means of e!ITess, stairways shall be illuminated at all times the buildinQ: space served by the means of e2Tessis occupied with a minimum of 1 footcandle (11 lux) at floors. landinQ:s and treads. (3) Other spaces. All other spaces shaH be provided with natural or artIficial licl1t sufficient to permit the maintenance of sanitary conditions. and the safe occupancy of the space and utilization ofthe appliances. equipment. and fixtures. ( c) Ventilation. (1) Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in evervroom shall be equal to at least 45 percent of the minimum !rlazed area reauired in Section 1 0-57(b )(1), 10 September 17. 2008 "Where rooms and spaces without openinf!s to the outdoors are ventilated throuQb. an adioininQ: room. the unobstructed openinQ: to the adioininQ: room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 mm). The ventilation openinQ:s to the outdoors shall be based on a total floor area beinQ: ventilated. (2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required above. except that a window shall not be required in such spaces equipped with a mechanical ventilation svstem. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be re- circulated. (3) CookinQ: facilities. Unless approved throu~ the certificate of occupancy. cookinQ: shall not be permitted in any roominQ: unit or donnitorvunit. and a cookin~ facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. CookinQ: facilities may be located in a room otherwise prohibited by this section where the Building: Official specifically approves such a location in writinQ:. Devices such as coffee pots and microwave ovens shall not be considered cookinQ: appliances. (4) Process ventilation. Where iniurious. toxic. irritating:. or noxious fumes, Q:ases. dusts or mists are Q:eneratoo. a local exhaust ventilation svstem shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be re-circulated to any space. (5) Clothes drver exhaust. Clothes drver exhaust svstems shall be independent of all other svstems and shall be exhausted in accordance with the manufacturer's instructions. (d) Occupancv limitations. (1) Privacv. DwellinQ: units. hotel units. housekeeping units. rooming units and dormitory units shall be aITanQed to provide privacy and be separate from other adioining spaces. (2) Minimum room widths. A habitable room. other than a kitchen. shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counter-fronts and appliances J)r counter-fronts and walls. (3) Minimum ceilinQ: heimts. Habitable spaces. hallwavs. corridors. laundry areas. bathrooms. toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mrn} Exceptions: 11 September 17, 2008 a. In one and two-familv dwel1illl'!s. beams. or LTlrders spacea. ,99tless than 4 reet (1219 mm') on center and proiectinQ: not more than tL.lllches (152 mm') below the required ceilin!2: hei!2:ht. b. Basement rooms in one and two-ramilv dwellin!ls occuPIed exclusively ror laundrv. study or recreation purposes. havin!l a ceiling hei!lht ornot less than 6 reet 8 inches (2033 mm) with not less than 6 reet 4 inches (1932 mm) or clear heiQ:ht under beams. cirders. ducts and similar obstructions. c. Rooms occupied exclusivelv ror sleeping. study or similar ~ and havinQ: a sloped ceiling over all or part or the room. with a clear ceilin!2: heiQ:ht or at least 7 feet (2134 mm) over not less than one-third or the required minimum floor area. In calculating the floor area of such rooms. onlv those portions of the floor area with a clear ceiling heimt or 5 feet (1524 mm) or more shall be included. (4) Bedroom and living room requirements. Everv bedroom and livim: room shall complv with the rollowin!l requirements: a. Room area. Everv livinQ: room shall contain at least 120 square feet (1 1.2 ml) and evervbedroom shall contain at least 70 square feeU6.5 m2). b. Access from bedrooms. Bedrooms shall not constitute the onlv means of access to other bedrooms or habitable spaces and shall not serve as the onlv means of em-ess from other habitable spaces. This provision shall not apply to units that contain fewer than two bedrooms. c. Water closet accessibility. Everv bedroom shall have access to at least one water closet and one lavatory without passing throu!lh another bedroom. E Very bedroom in a dwelling unit shall have access to at least one water closet and lavatoTV located in the same stOry as the bedrooID or an adiacent stOry. d. Prohibited occupancy. Kitchens and non-habitable spaces shall not be used ror sleeping purposes. e. Other requirements. Bedrooms shall comply with the applicable provisions of this code including. but not limited to. the li!lh1. ventilation. . _ ~.___ ,_____ __~'.:4__'__~_.,_.L _..._-'._______ ___~...J..L.,___~_____.~_________.L_, _..c..L'_.~_ __._...~___. ....1__ IVV1l1 i:UC;a.., l'C;1l1l1~ IlC;I~Ul i:UIU IVV1l1 WIUUlIC;YUIlC;IIlC;lll:> VI llll:> :>C;-':;llVll. lHe; plumbing facilities and water-heatin~ facilities requirements or Section 4: the heating facilities and electrical receptacle requirements of Section 5: and the smoke detector and emerQ:encv escape requirements of Section 6. (5) Overcrowdin!!. The number or persons occupvin!2: a dwellin!l unit shall not create conditions that. in the opinion or the ChiefBuildin!2: Official. endan!!:er the life. health. safety. or welfare orthe occupants. 12 September 17. 2008 (6) Efficiency unit. Nothine: in this section shall prohibit an efficiency living unit from meeting the followine: requirements: a. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied bv three occupants shall have a clear floor area of not less than 320 square feet (29. 7m2). These required areas shall be exclusive of the areas required by Items 2 and 3. b. The unit shall be provided with a kitchen sink. cooking: appliance and refrigeration facilities. each havme: a clear working space of not less than 30 inches (762 mm) in front. Lie:h.t and ventilation confonning to this code shall be provided. c. The unit shall be provided with a separate bathroom containing a water closet lavatory. and bathtub or shower. d. The maximum number of occupants shall be three. (7) Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store. prepare. and serve foods in a sanitarY manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse. including facilities for temporary storage. Sec.. 10-58. Plumbin!!: facilities and fiXture requirements. (a) General. (1) Scope. The provisions of this section shall govern the minimum plumbing systems. facilities. and plumbine: fixtures to be provided. (2) Responsibilitv. The owner of the structure shall provide and maintain such plumbine: facilities and plumbing fixtures in compliance with these requirements. A person shall not occupv as owner-occupant or permit another person to occupy any structure or premises which does not comply with the reauirements of this section. (b) Required facilities. (]) Dwellin~ unit~.. Fverv dwelllng unit snl'lll cDntain its 0'.x!!1 batht'.lb or shower. lavatory. water closet. and kitchen sink which shall be maintained in a sanitary. safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the noor leadin!! directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the reouired lavatory. (2) Roomine: houses. At least one water closet. lavatory and bathtub or shower shall be supplied for each four rooming: units. 13 September 17, 2008 (3 ) Hotels. 'Where orivate water closets. lavatories and baths are not OWVlded. one water closet. one la\'atorv and one bathtub or shower havin2: access from a public hallwav shall be provided for each ten occupants. (4) Emolovees' facilities. A minimum of one water closeL one lavatorv. and one drinkin!r facility shall be available to employees. a. Drinkin!! facilities. Drinkin!! facilities shall be a drinkin2: fountain. water cooler. bottled water cooler. or disoosable cups next to a sink or water dispenser. Drinkin!! facilities shall not be located in toilet rooms or bathrooms. ( c) Toilet rooms. (1) Privacv. Toilet rooms and bathrooms shall provide orivacv and shall not constitute the onlv passa!!ewav to a hall or other space. or to the exterior. A door and interior lockin!! device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwellin2:. (2) Location. Toilet rooms and bathrooms servin~ hotel units. roominl! units or dormitory units or housekeeping: units. shall have access bv traversinl! not more than one fli2:ht of stairs and shall have access from a common hall or passa!!ewav. (3) Location of employee toilet facilities. Toilet facilities shall have access from within the employees' workin!! area. The required toilet facilities shall be located not more than one storv above or below the employees' workin!! area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Emplovee facilities shall either be separate facilities or combined employee and public facilities. Facilities that are required for emplovees in storage structures or kiosks. which are located in adjacent structures under the same ownership. lease or controL shall not exceed a travel distance of 500 feet (152 m) from the employees' rewar workin!! area to the facilities. (4) Floor surface. In other than dwellin!! units. everv toilet room floor shall be maintained to be a smooth. hard. nonabsorbent surface to pennit such floor to be easilv kept in a clean and sanitarY condition. (d) Plumbinf!: svstems and fixtures. (1) General. All plumbin!! fixtures shall be properly installed and maintained in workin!! order. and shall be kept free from obstructions. leaks and defects and be capable ofperforminl! the function for which such plumbing fixtures are desi!ffied. All plumbin!! fixtures shall be maintained in a safe. sanitar\'. and functional condition. (2) Fixture clearances. Plumbin!! fixtures shall have adeauate clearances for usa!!e and cleanin2:. 14 September 17. 2008 (3) Plumbinlr system hazards. Where it is found that a plumbing sYStem in a structure constitutes a hazard to the occupants or the structure bv reason of inadequate service. inadeauate venting. cross connection. back -siphonalre. improper installation. deterioration. or damage or for similar reasons. the Building Official shall require the defects to be corrected to eliminate the hazard. (e) Water svstem. (1) General. Every sink. lavatory. bathtub or shower. drinking fountain. water closet. or other plumbing fixture shall be properly connected to either. a public water system or to an approved private water system. All kitchen sinks. lavatories. laundry facilities. bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Florida Building Code. Plumbinl!. (2) Contamination. The water supply shall be maintained free from contamination. and all water inlets for plumbing: fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets. ianitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place. shall be protected by an approved a1mospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. (3) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures. devices. and appurtenances in sufficient volume and at pressures adeauate to enable the fixtures to function properly. safely. and free from defects and leaks. (4) Water heating facilities. Water heating facilities shall be properly installed. maintained and capable of providing an adequate amount of water to be drawn at every required sink. lavatory. bathtub. shower. and laundry facility at a temperature of not less than 11 OOF (43 OC). A gas-burning water heater shall not be located in any bathroom. toilet room. bedroom or other occupied. room normally kept closed. unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. (f) Sanitarv drainaf!e svstem. (1) General. All plumbing fixtures shall be properlv connected to either a public sewer svstem or to an aUPToved mivate ~ewaQ"e disno~al ~v~tem." (2) Maintenance. Every plumbing stack. vent. waste and sewer line shall function properly and be kept free from obstructions. leaks and defects. ( f?;) Storm drainaf;!e. 15 September 17, 2008 (1) General. Draina!!e of roofs and paved areas. vards and couns. ane other open areas on the nremises shall not be dischar!!ed in a mann er that creates _ a n..ub1 i c: nmsance. Sec. 10-59. Mechanical and electrical requirements. la) General. (1) Scope. The provisions of this section shall !:!overn the minimum mechanical and electrical facilities and equipment to be provided. (2) Responsibilitv. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance \vith these requirements. A person shall not OCCUPy as owner-occupant or permit another person to OCCUPy anvpremises which does not complvwith the requirements of this section. (b) Reserved. ( c) Mechanical equipment. (1) Mechanical appliances. All mechanical appliances. fireplaces. solid fuel- burning appliances. cookin!! appliances and water heating: appliances shall be properly installed and maintained in a safe working condition. and shall be capable of performing the intended function. (2) Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. This provision shall not applvto fuel-burning eauipment and appliances which are labeled forunvented operation. (3) Clearances. All required clearances to combustible materials shaD be maintained. (4) Safety controls. All safety controls for fuel-bumin!! equipment shall be maintained in effective operation. (5) Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning eauipment shall be provided for the fuel-burning equipment. (6) Energv conservation devices. Devices intended to reduce fuel consumption bv attachment to a fuel-burning appliance. to the fuel supply line thereto. or to the vent outlet or vent piping therefrom. shall not be installed unless labeled for such purpose and the installation is specificall'v approved. (d) Electrical faciliries. 16 September 17. 2008 (1) Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section. (2) Service. The size and usal!e of appliances and equipment shall serve as a basis for determininl! the need for additional facilities in accordance with the NFP A 70 - National Electrical Code. Dwelling units shall be served bv a three-wire, 120/240 volt sin!!le-phase electrical service havin!! a ratin!! of not less than 60 amperes. (3) Electrical svstem hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure bv reason of inadeauate service, improper fusing, insufficient receptacle and lightin!! outlets, improper wiring or installation. deterioration or dama!!e, or for similar reasons. the Building Official shall require the defects to be corrected to eliminate the hazard. (e) Electrical eauivment. (1) Installation. All electrical equipment. wiring, and appliances shall be properly installed and maintained in a safe and approved manner. (2) Receptacles. Everv habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one !!rounded-type receptacle or a receptacle with a !!round fault circuit interrupter. Everv bathroom shall contain at least one receptacle. Anv new bathroom receptacle outlet shall have ~ound fault circuit interrupter protection. (3) Luminaries. Every public halL interior stairway. toilet room. kitchen, bathroom, laundry room, boiler room, and furnace room shall contain at least one electric luminaire. (f) Elevators. escalators and dumbwaiters. (1) General. Elevators. dumbwaiters. and escalators shall be maintained in compliance with Florida statutes and ASME AI7.l. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in ASME AI7.l. Appendix N. except where otherwise specified bv the authority havinlr jurisdiction. _'0_'___._.._ - -- (2) Elevators. In buildinl!s equipped with passenl!er elevators. at least one elevator shall be maintained in operation at all times when the buildinl! is occupied. Buildinl!s equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testinl! or servicing. (g) Duct svstems. 17 September 17, 2008 (1) General. Duct systems shall be maintained free or obstrUcTIons ane shalJDe capable ofperformin2: the required function. Sec. 10-60 Fire safetv requirements. (a) General. (11 Scope. The provisions of this section shall !!overn the minimum conditions and standards for fire safety relatin!! to structures and exterior premises. including fire safety facilities and equipment to be provided. (2) Responsibilitv. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupv as owner-occupant or permit another person to OCCUPy anv premises that do not complv with the requirements of this section. (b) Means of ef!ress. (1) General. A safe. continuous. and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of elrress shall complv with the Florida Fire Prevention Code. (2) Aisles. The required width of aisles in accordance with the Florida Fire Prevention Code shall be unobstructed. (3) Locked doors. All means of e!!Tess doors shall be readilv openable from the side from which e!!Tess is to be made without the need for kevs. special knowled2:e. or effort. except where the door hardware conforms to that permitted by the Florida Building: Code. (4) Emerl!encv escape openinl!s. Required emerl!encv escape openin!!S shall be maintained in accordance with the code in effect at the time of construction. and the following. Required emergency escape and rescue openin!!s shan be operational from the inside of the room without the use of keys or tools. Bars. !!rilles. !!Tates or similar devices are permitted to be placed over emen!encv escape and rescue openinl!S provided the minimum net clear openin~ size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a kev. tool or force !!Teater than that which is required for normal operation of the escape and rescue openim:. (c) Fire-resistance ratin!!s. (1) Fire-resistance rated assemblies. The required fire-resistance rating: of fue- resistance-rated walls. fire stops. shaft enclosures. partitions. and floors shall be maintained. (2) Ooening: protectives. Required opening: protectives shall be maintained in an operative condition. All fire and smoke-stop doors shall be maintained in 18 September 1 -:'. 2008 operable condition. Fire doors and smoke barrier doors shall not be blocked or . obstructed or otherwise made inoperable. (d) Fire protection svstems. (1) General. An svstems, devices and equipment to detect a fire. actuate an alarm.. or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Florida Fire Prevention Code. (2) Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in all multi~unit dwellings regardless of occupant load at all of the following locations: a. On the ceilin~ or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. b. In each room used for sleeping purposes. c. In each story wi thin a dwelling unit including basements and cellars but not including (crawl spaces and uninhabitable attics. In dwellings or dwelling units with split-levels and without an intervening door between the ad.iacent levels. a smoke alarm installed on the upper level shall suffice for the adiacent lower level provided that the lower level is less than one full stOry below the upper level. Single or multiple-station smoke alarms shall be installed in other QI'OUPS in accordance with the Florida Fire Prevention Code. (3) Power source. In all multi-unit dwellings. sinele-station smoke alanns shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be eauipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wirine shall be permanent and without a disconnecting switch other than as required for over- current protection. Smoke alarms are permitted to be solely battery operated in buildines where no construction is taking place. buildings that are not served from a commercial power source and in existing areas of buildings undergoine alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure. unless there is an attic. crawl space or basement available which could nrovide acce~~ fnrhlliJding wiring: without the !,f'!TT\I)'V::ll of interior finishes. (4) Interconnection. 'Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2. R-3. R-4 and in dwellings not regulated as Group R occupancies. the smoke alarms shall be interconnected in such a manner that the activation of one alarm. will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over backlrround noise levels with all intervenin!! doors closed. Interconnection is 19 Sept~ber17,2008 not reauired in buildin2:s. which are not under2:oing: alterations. reparrs. \I: construction of any kind. Smoke alarms in existing: areas are not required to h~ interconnected where alterations or repairs do not result in the removal of interior wall or ceiling: finishes exposing: the structure. unless there is an attic. craw: snace or basement available which could provide access for inter-connection withomJh~ removal of interior finishes. Sec. 10-61. Penalties. Anvperson convicted of the violation ofanv of the terms or provisions of this article or any code. requirements. or standards adopted herebv shall be subiect to penalties as provided in Chapter 1. Section 1-6 of the Citv ofBovnton Beach Code of Ordinances. In addition. the City mav use any eauitable or le2:al remedv available at law to enforce anv violation of the terms or provisions of the Citv's Code of Ordinances. Ifanyperson commences anvwork on a building. structure. plumbing. mechanical. or gas svstem before obtaining: the necessarY permit. he shall be subiect to a penalty of four (4) times the established permit fee. The Director of Development may allow a waiver of the penalty fee. in whole or in part. when such waiver is supported by the circumstances that applvto the specific instance of imposing a penalty fee. and does not violate the best interests of the cit\'. Sec. 10-62. Referenced standards. This section lists the standards that are referenced in various section of this article. The standards are listed herein by the promulgatinl!: ag:encv of the standard. the standard identification. the effective date. title. and the section( s) of this document that reference the standards. ASME American Society of Mechanical Encineers Three Park Avenue New York. J\1Y 10016-5990 Standard Reference Title A17.I-2000 Safety Code for Elevators and Escalators with A17.1 a 200d Addend ASTM ASTM International 100 Barr Harbour Drive West Conshohocken. P A 19428-2959 Standard Reference Title F1346-91 (2003) Performance Specification for Safety Covers and Labeling Requirements for all Covers for Swimming Pools. Spas. and Hot Tubs Florida Codes Florida Buildin2: Commission c/o Florida Department of Communi tv Affairs Building Codes and Standards 20 September 17. 2008 2555 Shumard Oak Boulevard Tallahassee. Florida 32399-2100 Standard Reference Title Florida Buildin!! Code, Buildin!! Florida Buildin!! Code. Residential Florida Buildin!! Code. Plumbing Florida Building Code. Mechanical Florida Building Code, Fuel Gas Florida Buildin!! Code, Existin!! Building Florida Fire Prevention Code NFPA National Fire Protection Association Battervmarch Park QuinCY, MA 02269 Standard Reference Title 70-05 National Electric Code S:\Planning\Zoning Code Update\lDR Rewrite\Part Il\Ex.isting Chapters\Ch 10 Garbage, Trash & Offensive\Art IV Property Maintenance Requirements\Property Maintenance Requirements.doc 21 September 17, 2008 XII. - LEGAL - 1st Read" ITEM C.2 m9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office D August 19,2008 August 4, 2008 (Noon) October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) X November 5, 2008 October 20,2008 (Noon) G 0 - (;)-'\ 0) =i-< D D November 18, 2008 0 September 18,2008 September 2, 2008 (Noon) November 3, 2008 (Noon) C"') -<:'~ -f n"'f'! D October 7, 2008 D December 2, 2008 November 17, 2008 (Noo~ r-QJ September 15, 2008 (Noon) fTlO ;:13. -< > ~z: D D <n-f Announcements/Presentations City Manager's Report :z: 00 NATURE OF D Administrative D New Business '!? .,,:z: -n.Q;l AGENDA ITEM Consent Agenda Legal .s:- aim x C8 rrr" (") D Code Compliance & Legal Settlements D Unfmished Business :z: D Public Hearing D RECOMMENDATION: Motion to approve Ordinance #{J)'-C,.-;L that will enact a Solid Waste Commercial rate increase and revise the Code of Ordinance, Chapter 10, Garbage, Trash and Offensive Conditions to allow for increase and language change. EXPLANATION: As a result of increased labor and fuel costs the operational expenses for Solid Waste Commercial service is expected to rise to 14% for FY2008/09. Attached is memorandum #08-081 from Larry Quinn, Solid Waste Manager comparing labor and operational expenses from FY 07/08 and FY 08/09 showing the 14% increase. In addition he also has a comparison of our rate increase with the City of Delray Beach and the County (District 5) indicating that our proposed rate is well below what is being charged elsewhere. A proposed rate increase commercial refuse chart is attached. Also attached is a draft revision of our current Solid Waste Code allowing the Director of Public Works to annually adjust the container rental fee based upon changing purchase prices of new containers. Staff is requesting to adjust the Operating Charge for FY08/09 from $3.51 per cubic yard to $4.00 per cubic yard with a request that the Director have the authority to raise the operating charge annually thereafter based on new container pricing. PROGRAM IMPACT: N/A FISCAL IMP ACT: Loss of potential revenue of approximately $379,000. AL TERNA TIVES: Keep current rates with no increase. ~ r~~l;Jif;./ ""'\ Department Head's Signature City Manager's Signature Assistant to City Manager ~ ~b}~c- LJD~ t<..s Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ] ORDINANCE NO. 08-(::;,;.2.... ! AN ORDINANCE OF THE CITY COMMISSION OF THE - " CITY OF BOYNTON BEACH, FLORIDA, AMENDING _1 4 SECTION 10-30 OF THE CITY'S CODE O"F 5 ORDINANCES, GARBAGE, TRASH AND OFFENSIVE 6 CONDITIONS, ARTICLE II, REFUSE, GARBAGE A~D 7 TRASH ALLOWING FOR RATE INCREASE; 8 PROVIDING FOR CONFLICTS, SEVERABILITY. 9 CODIFICA TION AND AN EFFECTIVE DATE. 10 WHEREAS, as a result of increased labor and fuel costs the operational expenses for 11 the Solid Waste Commercial service is expected to rise for fiscal year 2008/09: and 12 WHEREAS, the City Commission finds the adoption of an ordinance allowing the 13 Public Works Director to annually adjust the container rental fee based upon changing 14 purchase prices of new containers and adjusting the Operating Charge for fiscal year 2008/09 15 from $3.51 per cubic yard to $4.00 per cubic yard is in the best interest of the health. safet)'. 16 and welfare of the citizens and residents of the City of Boynton Beach. 17 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 18 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 19 Section 1. Each "Whereas" clause set forth above is true and correct and 20 incorporated herein by this reference. 2] Section 2. Section] 0-30. Rates and charges for City service of Part II. Chapter] O. 22 Garbage, Trash and Offensive Conditions. Article II. Refuse, Garbage and Trash, is amended I" s follows: ~.) 24 ARTICLE II. REFUSE, GARBAGE AND TRASH I~ ~) .. . 26 ec. 10-30. Rates and charges for City service. 27 The rates and charges for refuse collection service provided by the City shall be as follows: 28 (a) Commercial containerized. excluding multifamily residential units 29 ( 1 ) Monthly commercial charges shall consist of a total of the following three (3) 30 terns: "Ie ;\'Unhnances\Refuse, Garbage and Trashl rate increase) doc . l- I I 1 a. Container rental charge ,t\. monthly flat fee to cover the cost of the container by 2 size as follo'.vs: 3 2003/200'1 Rates 4 2 c....l. yd. container $20.00 per month 5 3 Cll yd. container 25.00 per month 6 'I cu. yd. container 30.00 per month 7 6 cu. yd. container 35. 00 per month 8 8 cu. yd. container 40.00 per month 9 a. Rental charge - The charge assessed to account for expenses related to 10 the provision of commercial refuse containers. The Public Works Director shall 11 annually adjust these feesthe container rental fee based upon changing purehasemarket 12 prices of new containers. 13 b. Disposal charge-A fixed disposal charge as set and modified from time to 14 time by the Palm Beaeh County Solid Waste Authority. This price shall be passed on 15 to the customer directly. 16 c. Operating charge-A fixed charge per cubic yard to cover all other labor 17 and equipment hauling expenses and charges of the Solid Waste Department. The rate 18 in ~2008-09 will be fixed at tfireefour dollars ($3.00)($4.00) per cubic yard and 19 willshall be increased four percent (1%) annually thereafter based upon changes to 20 operating expenses at the discretion of the Public Works Director at the beginning of 21 each fiscal year, or as otherwise provided by the City Commission. 22 (2) Partial monthly service will be charged on a prorated basis, based on the rates in 23 subsection (1 a.) above. 24 (3) Mechanical compressed or compactor refuse shall have the disposal rate computed 25 1t a three-to-one (3: l) ratio of the disposal rates set forth in subsection (1 b.) above. Containers 26 with compactors shall be furnished by the owner, therefore, no rental cost shall be charged. 27 28 Section 3. Each and every other provision of Chapter 10, not herein specifically 29 1mended shall remain in full force and effect as previously enacted. 30 Section 4. All ordinances or parts of ordinances in conflict herewith be and the .\CA \Ordinances\Refuse, Garbage and Trash(rate increase).doc - 2- ~ I I 1 I same are hereby repealed. I I I Section 5. Should any section or provision of this ordinance or portion herellL any - I " paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid. --' 4 such decision shall not affect the remainder of this ordinance. 5 Section 6. Authority is hereby granted to codify said ordinance. 6 Section 7. This ordinance shall become effective immediately upon its passage 7 and adoption. 8 FIRST READING this day of .2008. ~ --~-~~ _..._,---------~--~ 9 10 SECOND, FINAL READING AND PASSAGE this ua\ llf - .-_.~~~_._~._- 11 .2008. 12 CITY OF BOYNTON BEACH. FLORID,-\ 13 14 ~~- _____m_.__~ 15 Mayor - Jerry Taylor 16 17 ~~~--_._- ------------- 18 Vice Mayor - Jose Rodriguez 19 20 ~",._-- --~-- 21 Commissioner - Ronald Weiland II I" ~--' --~------~----------~----~ 24 Commissioner - Woodrow L. Hay 25 26 27 Commissioner - Marlene Ross 28 TTEST: 29 30 31 "I anet M. Prainito. CMC --'- "" ity Clerk -~ j 34 35 36 CORPORA TE SEAL) 37 "\CA\Ordmances\Refuse, Garbage and Trash(rale mcrease) doc -, - DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 08-081 TO: Jeffrey Livergood, Director Public Works THRU: Christine Roberts, Assistant Director of Public Works CAZ. FROM: Larry Quinn, Solid Waste Manag@ DATE: October 15, 2008 SUBJECT: Operational Increase - Commercial Service/Commercial Recycling The Solid Waste Division provides commercial service to the City of Boynton Beach. Our commercial rate is composed of three primary elements as listed below: 1. Rental - We provide garbage containers to commercial businesses therefore the rental fee covers the cost for replacement containers 2. Disposal - This is the tipping fee that is charged by the Solid Waste Authority when the container is emptied 3. Operating _ This fee covers labor & benefits, maintenance and fuel. It is this portion of commercial revenue that is the subject of this proposed rate increase Increased labor and fuel costs have caused our operational expenses to rise 14% for budget year 2008-09. Code currently allows us to increase our front load commercial and commercial recycling operating revenues by 4% annually. A 4% increase this year is not sufficient to cover our increasing costs and I am requesting that the operational portion of our current rates be increased by 14% to cover our cost of doing business. I have attached charts showing our current 2008-09 operational charges compared to that of Delray Beach and District 5 of the Palm Beach County rates which is the district west of Boynton Beach. When you compare our proposed rates vs. the new 2008-09 rates for the aforementioned, you will see that our rates are still well below what is being charged elsewhere. We attribute this to our efforts towards efficient use of fleet and staff. A chart of the proposed commercial rates is attached. Chart One 2007-08 2008-09 Labor and Benefits $3,145,767 Labor and Benefits $3,520,091 Operating Expenses - Operating Expenses - DisDosal 1,616,304 DisDOsal 1,908,716 $4,762,071 $5,428,807 14% Chart Two Operating CostIYd 2008- 09 Del ray 5.50 District 5 (Countv) 5.69 Boynton Beach 4.00 LQ:jam copy: PW Files . Public Works Department PROPOSED FY~008-2009 Solid Wa.ste Rates COMMERCIAL DUMPSTERS Effective: CU YO Per Month 8.66 17.32 25.98 34.64 43.33 51.96 60.62 Rental $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 Disposal $28.36 $56.72 $85.21 $113.44 $141.90 $170.17 $198.53 Operating $34.64 $69.28 $103.92 $138.56 $173.32 $207.84 $242.48 CU YD Per Month 12.99 25.98 38.97 51.96 64.95 77.94 90.93 Rental $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 Disposal $42.54 $85.21 $127.62 $170.17 $212.71 $255.25 $297.79 Operating $51.96 $103.92 $155.88 $207.84 $259.80 $311.76 $363.72 CU YO Per Month 17.32 34.64 51.96 69.28 86.60 103.92 121.24 Rental $41.00 $41.00 $41 .00 $41.00 $41.00 $41.00 $41 .00 Disposal $56.72 $113.44 $170.17 $226.89 $283.61 $340.34 $397.06 Operating $69.28 $138.56 $207.84 $277.12 $346.40 $415.68 $484.96 ..."'... 25.98 51.96 77.94 1 03.92 129.90 155.88 181 .86 $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 $85.21 $170.17 $255.25 $340.34 $425.42 $510.50 $595.59 $103.92 $207.84 $311.76 $415.68 $519.60 $623.52 $727.44 103.92 173.20 207.84 242.48 $ 55.00 $ $ 55.00 $ 55.00 $ 55.00 $ 340.34 $ $ 567.23 $ 680.67 $ 794.12 831.36 $ 969.92 '~'$58\~20'~' ,,:if~~,~'_ ,,:, ."_<~;";' ,,)XP( " T'W\S aste\Solid Waste Rate" rY2008200Q Garbage, Trash and Offensive Conditions 13 I (k) Non-inteiference. It shall be unlawful .. _ _ _ _ _ _ J _ _ _ _ _ _ _"- _ _ _ _ _ .Y _ _ _ _ _ ~ . Deleted: 8 cu. yd. container- 40.00 per for any person to interfere with any employee of ~.(:, month .he City while in the performance of their duties .. - - - - - - - - - - - - - - - - - - - - - - - - - - - - I':, Deleted: 2 cu. yd. container-$20.00 per . . \,' month as authonzed by thls chapter. a. Rental charge - The charge assesses to., ',' . . \ ", Deleted: 3 cu yd. container- 25.00 per account for expenses related to the prOVISIOn of \ '. \ month (Ord. No. 82-29, ~ 1, 9-21-82; Ord. No. 04- commercial refuse containers. The Public Works '. '.' Deleted: 4 cu. yd. container- 30.00 per 030, ~ 2, 5-18-04) Director shall annually adjust..the container '. .. month rental fee based upon changingJr!a!~~t :p~~es= q( =-. '. Deleted: 6 cu. yd. container- 35.00 per Editor's note-Subsection 10-26(h), relative to new containers. ',' \ month the dis:posal 01' construction or industrial wastes ',\ Formatted: Indent: Arst line: OS 'J, \ \ had been deleted as being duplicative of ~ 10-30. b. Disposal charge-A fixed disposal \ Deleted: these fees charge as set and modified from time to time by Deleted: purchase Sec. 10-28. Reserved. the Palm Beach County Solid Waste Authority. This price shall be passed on to the customer Editor's note-Provisions designated ~ 10-28, directly. and enumerating certain violations, have been deleted by the editor as being duplicative of ~ c. Operating charge-A fixed charge 10-31. per cubic yard to cover all other labor and equipment hauling expenses and charges of the Sec. 10-29. Purpose of rates and charges. Solid Waste Department. The rate in. 200~-09 _ _ _ _ - Deleted: 2004 will be fixed at. f~uI .99Ul!T~..J$~.OQ) Qe! .s:!lQi~ _ _ _ _ _ - Deleted: three The rates and charges herein set forth are yard and.. shilLI_b~ j~C!~~~'.!..Ji!1l1t!~lly_tb~r~'!f!e! _ _ - - - Deleted: ($3.00) imposed to provide revenue for the purpose of based upon changes to operating expenses at the \~,-\- Deleted: will paying the costs of the operation and discretion of the Public Works Director at the \' Deleted: Co maintenance of the refuse collection and disposal beginning of each fiscal year, or as otherwise ' our f h C. d . h f d 'd d b h C' C .. Deleted: percent(4%) system 0 t e Ity an extensIOns t ereo an prov! e y t e !ty ommlSSlOn. replacements thereto and for any other lawful purpose as so determined by the City (2) Partial monthly service will be Commission. charged on a prorated basis, based on the rates in subsection (Ia.) above. (Ord. No. 82-29, ~ 1,9-21-82; Ord. No. 94-28, ~ 3,9-9-94; Ord. No. 04-030, ~ 2, 5-18-04) (3) Mechanical compressed or compactor refuse shall have the disposal rate Sec. 10-30. Rates and charges for City computed at a three-to-one (3:1) ratio of the service. disposal rates set forth in subsection (1 b.) above. Containers with compactors shall be furnished The rates and charges for refuse collection by the owner, therefore, no rental cost shall be service provided by the City shall be as follows: charged. (a) Commercial containerized, excluding multifamiZv residential units: (1) Monthly commercial charges shall consist of a total of the following three (3) items: Deleted: a. Container rental charge- A monthly flat fee to cover the cost of the I container by size as follows:'11 ,. ~ - - - -,,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -/- Deleted: 200312004 Rates 2005 5-23