Agenda 02-03-09
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
FEBRUARY 3, 2009
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
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBUC PARnCIPAnON AT
CITY OF BOYNTON BEACH COMMISSION MEEnNGS
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 MEEnNGS:
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).
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City of Boynton Beach
REGULAR CITY COMMISSION MEETING
REVISED AGENDA
February 3, 2009 6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross
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 & PRESENTAnONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentations
a. Tribute to Bethesda Memorial Hospital.
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Revised Agenda
Regular City Commission
Boynton Beach, FL February 3, 2009
IV. PUBUC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE UMITED TO 3 MINUTE PRESENTAnONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11
III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (3)
I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
III Rodriguez Cemetery Board Alt 1 yr term to 12/09 Tabled (2)
I Weiland Code Compliance Board Reg 3 yr term to 12/10 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (2)
IV Ross Code Compliance Board Alt 1 yr term to 12/09 Tabled (3)
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09
I Weiland Education & Youth Advisory Board Stu N/V 1 yr term to 12/09
I Weiland Recreation & Parks Board Alt 1 yr term to 12/09
II Hay Senior Advisory Bd Alt 1 yr term to 12/09
III Rodriguez Senior Advisory Bd Alt 1 yr term to 12/09
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - January 20, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Reject the fourteen (14) highest bids received and award Bid #018-2821-
09jJA, "ROLLING GREEN STORMWATER AND WATER MAIN
IMPROVEMENT PROJECT", to GlobeTec Construction, LLC (GlobeTec)
and execute a contract by resolution in the amount of $3,489,346.60
2
Revised Agenda
Regular City Commission
Boynton Beach, FL February 3, 2009
plus an owner's contingency of 10% in the amount of $348,934.66 for a
total project budget appropriation of $3,838,281.26. (Proposed
Resolution No. R09-019)
2. Award RFQ #020-221O-09/JA for "THREE YEAR CONTRACT FOR
MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES
AS PROVIDED BY THE ARE RESCUE EMTS, PARAMEDICS &
LIFEGUARDS" to Dr. Kenneth Scheppke, M.D. of Tequesta, FL in the
amount of $26,568 annually, which includes the allowance of $70 phone
stipend. (Proposed Resolution No. R09-020)
3. Approve the piggyback of Jacksonville Electric Authority (JEA) contract
#82768 Cured in Place Pipe (CIPP) Unit Price Construction with
Insituform Technologies of Jacksonville, FL. to rehabilitate the City's
wastewater gravity main lines for a project cost of $741,784.18 with a
10% contingency of $74,178.42 for a total project cost of $815,962.60.
4. Approve the piggyback of Palm Beach County contract #08-051/MM
Playground/Park Equipment and Parts Term Contract with REP Services,
Inc. of Longwood, FL for playground equipment for Oceanfront, Boat
Club and Palmetto Green Parks in the amount of $122,504.82.
5. Approve the piggyback of the City of Delray Beach contract Bid #2002-37
with Chaz Equipment of Wellington, FL. to rehabilitate the City's
wastewater gravity manholes for a project cost of $1,154,282 with a 5%
contingency of $57,714.10 for a total project cost of $1,211,996.10.
C. Resolutions
1. Proposed Resolution No. R09-02l RE: Approving and
authorizing execution of an Interlocal Agreement (ILA) between Palm
Beach County and the City to continue the lease and to operate four (4)
transit coaches for an additional four (4) year period that will expire on
January 1, 2013.
2. Proposed Resolution No. R09-022 RE: Approving the
reclassification of one (1) position in the Finance Department from
Assistant to the Director of Financial Services, pay grade 32, to Budget
Manager, pay grade 34.
3. Proposed Resolution No. R09-023 RE: Approving and
authorizing execution of a service agreement between the City of
Boynton Beach and Boy Scouts of America, Gulfstream Chapter,
authorizing the City to enter into an agreement to sub-grant funding in
the amount of $15,000 to Boy Scouts of America, Gulfstream Chapter, as
a partner in the continued planning and implementation of the Youth
3
Revised Agenda
Regular City Commission
Boynton Beach, FL February 3, 2009
Violence Prevention Program (YVPP) in the target area in the City of
Boynton Beach.
4. Proposed Resolution No. R09-024 RE: Approving and
authorizing execution of a service agreement between the City of
Boynton Beach and RM Lee, Community Development Center, authorizing
the City to enter into an agreement to sub-grant funding in the amount of
$22,000 to RM Lee, Community Development Center, as a partner in the
continued planning and implementation of the Youth Violence Prevention
Program (YVPP) in the target area in the City of Boynton Beach.
5. Proposed Resolution No. R09-025 RE: Approving and
authorizing execution of a service agreement between the City of
Boynton Beach and Boynton Fishing Academy, Hooked on Fishing Not on
Drugs, authorizing the City to enter into an agreement to sub-grant
funding in the amount of $8,000 to Boynton Fishing Academy, Hooked on
Fishing Not on Drugs, as a partner in the continued planning and
implementation of the Youth Violence Prevention Program (YVPP) in the
target area in the City of Boynton Beach.
6. Proposed Resolution No. R09-026 RE: Approving and
authorizing execution of a service agreement between the City of
Boynton Beach and Unlimited Dance and Art, authorizing the City to enter
into an agreement to sub-grant funding in the amount of $26,000 to
Unlimited Dance and Art, as a partner in the continued planning and
implementation of the Youth Violence Prevention program (YVPP) in the
target area in the City of Boynton Beach.
7. Proposed Resolution No. R09-027 RE: Approving and
authorizing execution of a service agreement between the City of
Boynton Beach and Kids Korner TV, authorizing the City to enter into an
agreement to sub-grant funding in the amount of $26,000 to Kids Korner
TV, as a partner in the continued planning and implementation of the
Youth Violence Prevention program (YVPP) in the target area in the City
of Boynton Beach.
8. Proposed Resolution No. R09-028 RE: Approving and
authorizing execution of an Interlocal Agreement and a Temporary
Construction Easement between the City of Boynton Beach and the South
Central Regional Wastewater Treatment and Disposal Board in support of
the City's construction of the new regional force main.
9. Proposed Resolution No. R09-029 RE: Approving and
designating participation in the Elected Officers Class of the Florida
Retirement System for elected officers of the City of Boynton Beach.
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Revised Agenda
Regular City Commission
Boynton Beach, FL February 3, 2009
D. Approve further reduction of a performance bond for the Gateway Boulevard
widening to six lanes divided, from Renaissance Boulevard eastward to High
Ridge Road by 95%.
E. Re-authorize the use of $700 from Commissioner Ross's Community Investment
Funds to assist students at Galaxy Elementary School with FCAT testing.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
None
IX. CITY MANAGER'S REPORT:
A. Staff report on legal review for vacating NE 1ih Avenue right-of-way (Request
to table to February 17, 2009)
B. Review and approve FY2010 Federal Appropriations submittals
X. FUTURE AGENDA ITEMS:
A. YVPP Report - Feb. 17, 2009
B. Approve the report on disposition of surplus computers. (Tabled on January 6,
2009) -- Feb. 17,2009
C. Report on cost sharing options for take-home vehicles (In conjunction with
continued budget discussions) - Feb. 17, 2009
D. Follow-up report on possible relocation of City Offices - Feb.17, 2009
E. 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) Note: Recommend removal from Future Agenda. No further
word from applicant.
F. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
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Revised Agenda
Regular City Commission
Boynton Beach, FL February 3, 2009
G. Review and consideration of approval of Auburn Master Development Agreement.
(Proposed Resolution No. R09-018) Tabled on January 20, 2009
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-011 RE: Approving an
abandonment of an unimproved portion of Railroad Avenue
approximately 15 feet wide and 45 feet long, located west of the FEC
Railroad right-of-way and approximately 50 feet south of Northeast 12th
Avenue. (Habitat for Humanity - ABAN 09-001)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-012 RE: Amending
Land Development Regulations, Chapter 2, "Zoning", to provide for Pet
Care (Boarding and Day Care) within certain zoning districts within the
City. (Pet Care Boarding & Daycare - CDRV 09-001)
2. Proposed Ordinance No. 09-013 RE: Amending
Land Development Regulations, Chapter 21, Article III, Section 6 "Special
Signs", by amending Sub-section F to increase the maximum time period
for the display of a temporary banner.
3. Proposed Ordinance No. 09-014 RE: Amending
Code of Ordinances Section 2-119, Subsection B "Education and Youth
Advisory Board" to modify the attendance policy.
4. Proposed Ordinance No. 09-015 RE: Amending
Chapter 4 of the Boynton Beach Code of Ordinance titled Animals and
Fowl, Section 4-1 definitions and Section 4-4 Manner of Keeping and
Treating Animals Generally; Abandonment.
a. Proposed Resolution No. 09-030 RE: Adopting a
Planning and Zoning Development Permit Fee for the construction
of animal enclosures in the City of Boynton Beach.
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Revised Agenda
Regular City Commission
Boynton Beach, FL February 3, 2009
C. Ordinances - 1st Reading
1 Proposed Ordinance No. 09-016 RE: Adopting the
Boynton Beach Administrative Amendments to the 2007 Florida Building
Code and Amendments thereto.
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Review policy direction to City staff for City Hall site from December 16, 2008
meeting
B. Discussion and possible action item requested by a member of the City
Commission regarding provision of Master Development Agreement which
requires third party verification.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE 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.
Revised Agenda 1/30/09 3:30 p.m.
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7
lII.-ANNOUNCEMENTS 8r. PRESENTATIONS
Item C.2.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
D December 16, 2008 December 1,2008 (Noon) D February 17, 2009 February 2, 2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) D March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17,2009 March 2, 2009 (Noon)
[gI February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16, 2009 (Noon)
[gI AnnouncementslPresentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Present Tribute
EXPLANA TION: The first, not-for-profit, community hospital to be built in South Palm Beach County, Bethesda Memorial
Hospital will celebrate its 50th Anniversary on February 9,2009. Since the hospital's modest beginnings in 1959, it has grown
from a 70-bed hospital with 32 physicians to a 40 I-bed hospital with a distinguished medical staff of 525 physicians and more
than 2,300 dedicated employees.
PROGRAM IMPACT: This Tribute will help raise public awareness of the hospital's role in providing outstanding quality
healthcare to the community.
FISCAL IMPACT: None
AL TERNA TIVES: Not present Tribute
{{/':1"'-'- J/~~ ~J ~a,",e
Departmen ad's S' ature---
Assistant to City Manager CrM-
Public Affairs
Department Name City Attorney / Finance
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TRIBUTE
For half-a-century, Bethesda Memorial Hospital has provided quality healthcare [Ii the
citizens of Boynton Beach in a caring manner. The first not-for-profit Community Ilospital
to be built in South Palm Beach County, Bethesda Memorial Hospital will celebrate 11:-, 50th
Anniversary on February 9, 2009. Since the Hospital's modest beginnings in 1 Q5Q. \t has
grown from a 70-bed Hospital with 32 physicians to a 40 I-bed Hospital with a distinguished
medical staff of 525 physicians and more than 2,300 dedicated employees.
Today, the Hospital and its affiliates offer a full array of healthcare services. including a
nationally accredited vascular institute, general and specialized surgery. maternity. neonatal
and pediatric intensive care services and the Bethesda Comprehensive Cancer Center. an
affiliate of the H. Lee Moffitt Cancer Center and Research Institute.
In February 2008, Bethesda opened its newest addition. the Bethesda Heart Institute. located
on the campus of Bethesda Memorial Hospital, making Bethesda a truly full service Hospital
to serve the community. This 39-bed. "'Heart Hospital within a Hospital" provides the most
comprehensive level of cardiovascular services including: emergency care, diagnostics.
interventional care, cardiac surgery and rehabilitation. Community support had enabled the
Hospital to continuously invest in the most advanced technology to enhance patient care.
optimize recoveries and help patients return home to their loved ones.
It is fitting and appropriate. therefore. that the City of Boynton Beach recognizes with this
Tribute
Bethesda Memorial Hospital
and the dedicated founders who formed the Gulfstream Hospital Association in 1947: the
Hospital's Board of Trustees who have guided the Hospital through the last 50 years: the
Bethesda Hospital Foundation and Bethesda Auxiliary for all their support; and the dedicated
physicians and healthcare professionals who dedicate each day to providing outstanding
quality healthcare to their patients on the occasion of the Hospital's 50th Anniversary
celebration.
In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton
Beach. Florida, to be affixed at Boynton Beach, Florida. the 3rd day of February. Tv-o
Thousand Nine.
- --.--.---.--- n____.'___.._._,_,___.____
Jerry Taylor. Mayor
ATTEST:
Janet M. Prainito. CMC
City Clerk
(Corporate Seal)
V. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 2/03/09
Last Name First Name 1 st Choice 2nd Choice 3rd Choice
Anton Steve Arts Com
de la Torre III Jose Educ. & Youth Community Employees'
Adv. Bd. Relations Bd. Pension Plan
Tengbergen Sherie Arts Com
1
, VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM B.l.
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 December 16,2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December IS, 2008 (Noon) D March 3, 2009 February 17, 2009 (Noon) (13
D January 20, 2009 D March 17,2009 0 ~~
January 5, 2009 (Noon) March 2, 2009 (Noon) \.D :""'r;f..
c.- -<~
IZI February 3, 2009 January 19,2009 (Noon) D April 7, 2009 :P! CI)
March 16,2009 (Noon) :r: r-.
- f'l'\lOt
(j\ ::::J.....(
~~
D Announcements/Presentations IZI City Manager's Report ~ (fl.
Cil
NATURE OF D Administrative D New Business - i
-
..
AGENDA ITEM [!I Consent Agenda D Legal CJ'\
-
D Code Compliance & Legal Settlements D Unfinished Business :s:
D Public Hearing D
RECOMMENDATION:
(1) Motion to reject the fourteen (14) highest bids the City received in response to the Invitation to
Bidders.
(2) Motion to award Bid #018-2821-09/JA, "ROLLING GREEN STORMWATER AND WATER
MAIN IMPROVEMENT PROJECT", to GlobeTec Construction, LLC (GlobeTec) and execute a
contract by resolution in the amount of $3,489,346.60. Also, approve an owner's contingency of
10% in the amount of $348,934.66 for a total project budget appropriation of $3,838,281.26.
EXPLANATION:
The geographic location of the Rolling Green project is best explained using the attached project
area map, however, in general the project area is bounded by NW 17TH Avenue on the north, 1-95
on the west, NE 4TH Street on the east and NE 14TH Avenue on the south. The infrastructure
improvements include approximately 26,800 linear feet of 8-inch water main installation, valves,
service connections, 38 new fire hydrants; installation of 52 stormwater inlets, approximately
3,000 linear feet of 24-inch exfiltration piping, swale development and 57,000 square yards of
roadway asphalt overlay.
PROGRAM IMPACT:
Seventeen (17) bids were received and opened by Procurement Services on December 18, 2008 and
copies of the bid proposals were submitted to the Utilities Department and Mathews Consulting
for review and evaluation.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
After having performed an initial administrative evaluation of the 17 bids received, the Utilities
Department is recommending, in accordance with the Instruction To Bidders, Section 25 RIGHTS
OF THE CITY, subsection 25.3 that the City Commission reject 14 of the bids based on price.
The 14 bids were received from the following bidders (listed by bid value from low to high):
AKA Services, Inc. Asphalt Consultants, Inc.
Man Con, Inc. Ric-Man Construction, Inc.
Felix Associates, Inc. Chaz Equipment Company, Inc.
Palm Beach Grading, Inc. Intercounty Engineering, Inc.
B&B Underground Contractors, Inc. Ocean Bay Construction, Inc.
Sheltra & Son, Inc. Danella Utility Construction, Inc.
Foster Marine Contractors, Inc. Gonzalez & Sons, Inc.
A documented Bid Evaluation - Due Diligence review, based on the Selection Criteria identified in
the Instruction To Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1 through
26.1.10 was performed by the Utilities Department and Mathews Consulting on the three (3)
remaining bidders as follows:
Master Excavators, Inc. $3,408,495.10
GlobeTec Construction, LLC $3,489,346.60
Johnson-Davis, Inc. $3,726,692.00
As a result of the detailed Bid Evaluation - Due Diligence performed on the three (3) low bidders,
it was determined that the lowest bidder, Master Excavators, Inc. did not meet the project
experience qualifications and their bid was less complete.
The Engineer's Cost Opinion for this project is $5,071,701.00. The value of the 17 bids received
for this project ranged from $3,408,495.10 to $6,305,945.70 and the average bid value is
$4,340,790.64. With a bid value of $3,489,346.60, the GlobeTec bid is $1,582,354.40 below the
Engineer's Cost Opinion and $853,882.40 below the average bid value for this project.
Due to the apparent disparity between the GlobeTec bid, the Engineer's Cost Opinion and the
average bid value, the Utilities Department and Mathews Consulting conducted a pre-award
meeting with GlobeTech to review the detailed requirements of the City's bid documents,
technical specifications and project construction drawings. During this meeting, GlobeTec
reconfirmed their understanding of the bid documents, the detailed and specific requirements of
the technical specifications and project construction drawings.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Therefore, as a result of the Bid Evaluation - Due Diligence process and the pre-award meeting
with GlobeTec, the Utilities Department concurs with the Mathews Consulting recommendation to
award the contract to GlobeTec as the lowest, most responsive, responsible bidder who meets all
contract document requirements and whose bid represents the most advantageous bid to the City,
price and other factors considered.
FISCAL IMPACT:
Funds are available as follows:
Account Number Project Number Allocation
406-5000-590-65-02 WTR121 65%
406-5000-590-65-07 STM027 35%
AL TERNA TIVES:
The Rolling Green project will provide a better quality of life within the community by providing
improvements tOM.'!i>>g potable water and stormwater management infrastructure and
neigbbor~rd. .. . ~
\''i' . '-\.l:Z / +-
Kofi Boateng, Kurt Bressner,
e ~<<~ City Manager
'A..A ~ ~
---rdcurem nr Services Assistant to City Manager ~
Utilities De~artment ~f){;,
Department Name City Attorn y / Finance
Attachments
xc:o/ Peter Mazzella, Deputy Utilities Director
lYIIlx Chris Roschek, Engineering Division Manager
'\1l'\JPaul Fleming, Senior Project Manager
Barb Conboy, Utilities Administration Manager
Procurement Services
Project File
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1 RESOLUTION NO. R09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 REJECTING THE FOURTEEN HIGHEST BIDS;
6 ! AWARDING BID #018-2821-09/JA TO GLOBETEC
7 CONSTRUCTION, LLC., FOR ROLLING GREEN
8 STORMWATER AND WATER MAIN
9 IMPROVEMENT PROJECT FOR A TOTAL
10 AMOUNT OF $3,838,281.26; AUTHORIZING THE
11 CITY MANAGER TO EXECUTE CONTRACT
12 DOCUMENTS; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, on December 18,2008 seventeen (17) bids were received by the (,it\
16 in response to Bid #018-2821-09/JA.; and
17 WHEREAS, after performing an initial administrative evaluation of the seventeen
18 bids received, the Utilities Department is recommendation that the City Commission reject
19 fourteen (14) of the bids based on price; and
I
20 , WHEREAS, City staff concurs with the recommendations of Mathews
21 !conSUlting, Inc., to award the bid to GlobeTec Construction, LLC.. as the overall 10\ves1.
i
22 most responsive, and responsible bidder who met all specifications and \vhose bid is in thl:
23 best interest of the City.
I
24 i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
i
25 iOF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I
t
26 i Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
,
27 ias being true and correct and are hereby made a specitic pal1 of this Resolution upon
I
28 ladoption.
29 Section 2. The City Commission of the City of Boynton Beach. Florida.
i
30 Ihereby rejects fourteen (14) of the bids received in response to the City' s Invitation to Bid
6:\CA\RESO\L\greementS\Bid Awards\Award of Bid - Rolling (irccn (CilobeTec I doc
1 ~
,
. I
. .
1 for #018-2821-09/JA. The rejected bids are listed on Exhibit "A".
2 I Section 3. The City Commission of the City of Boynton Beach, Florida,
3 hereby approves the award of Bid #018-2821-09/JA to GlobeTec Construction, LLC., for
4 Rolling Green Stormwater and Water Main Improvement Project.
5 Section 4. The City Manager is authorized to execute a contract in the amount
6 of $3,489,346.00 plus a 10% contingency of $348,934.66 for a total appropriation of
7 $3,838,281.26. The form of contract shall be as approved by the City Attorney.
8 Section 5. That this Resolution shall become effective immediately.
9 PASSED AND ADOPTED this day of February, 2009.
10
11 CITY OF BOYNTON BEACH, FLORIDA
12
13
14 Mayor- Jerry Taylor
15
16
17 Vice Mayor - Jose Rodriguez
18
19
20 Commissioner - Ronald Weiland
21
22
23 Commissioner - Woodrow L. Hay
24
25
26 Commissioner - Marlene Ross
27 ATTEST:
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33 (Corporate Seal)
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Rolling Green (GlobeTec).doc
- 2 -
BID TITLE: ROLLING GREEN STORMWATERAND WATER MAIN
IMPROVEMENT PROJECT
BID NUMBER: 018-2821-09/JA
PROJECT NUMBER: WTR121, STM027, & SWR104
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 18th day of December , 2008, by and between the
CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
"CITY" or "OWNER" and GLOBETEC CONSTRUCTION, LLC
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")
identified by the bid title, bid number and project number listed above and commonly referred to as:
ROLLING GREEN STORMW A TER AND
WATER MAIN IMPROVEMENT PROJECT
WHEREAS, Contractor, in compliance with the bidding requirements aIU10unced by the
City, submitted a bid on the 18th day of December, 2008, for the total bid amount of $3,489,346.60;
and,
WHEREAS, On the 3rd day of February, 2009, 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 560 calendar days, inclusive of Phase 1 and Phase 2, 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-1 Revised 07-11-08
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 Supplemental Conditions for Construction
2.2.7 Special Conditions for City-Furnished Materials
2.2.8 Terms and Conditions for City-Furnished Materials, Attachment B
2.2.9 Construction Contract
2.2.10 Certificate of Insurance
2.2.11 Public Construction Bond
2.2.12 Technical Specifications
2.2.13 Contract Drawings and Plans
2.2.14 Addenda
2.2.15 Written directives or interpretations
2.2.16 Manufacturers warranties
Utilities Department C-2 Revised 07 -11-08
3. OBLIGA TIONS OF CONTRACTOR
3.l. Contractor shall:
3.1.1. Fumish all materials. supplies, machines, equIpment. tooI5,.
superintendents, labor, insurance, and other accessories and servI C l'S
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 fumished 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 te,
comply with every requirement and stipulation therein contained.
3.1.2.1 Comply with provisions in Special Conditions and Temls and
Conditions for City-Fumished Materials.
3.1.3. Fumish 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 fumish each subcontractor or material supplier \,.ith
a copy of his Public Construction Bond wi thin five (5) days 01
subcontractors' work or material supplying and shall maintain records lu
establish that notice. A copy of said notice shall be provided to the Ci ty' ~
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. W ARRANTY. Warrant~
period shall commence with date of final acceptance as set forth in the
Technical Specifications for Construction 01700, EXECUTlO1\
REQUIREMENTS.
3.1.6. Comply with the provisions of Section 255.05. Florida Statutes. 11
applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens hv
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion I:'
completed and ready for use, leaving the same in a neat and presentable
condition.
L'tilities Department ('-3 Revised 07 -] 1-08
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 560
calendar days thereafter, inclusive of Phase 1 and Phase 2.
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 shall I1U
employ any that CITY may, \vithin a reasonable time, object to as incompetent
as unfit.
6. LIQUIDA TED DAMAGES
6.1. 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 560
calendar days from the Commencement Date, inclusive of Phase I and Phase 2, as
indicated in the written "Notice to Proceed". The CITY shall have the right to
deduct said liquidated damages from any amount due, or that may become due the
CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR
or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. 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, ib
agents, servants, and employees from and against any claim, demand, or cause 01
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance or
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harn11ess and defend CITY, its agents.
servants and employees from against any kind and all causes, claims, demands.
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses al
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 ot
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-) ReVIsed 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 limi ts 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.
8A. 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 origmal Contracl
Any claim for extension of time caused thereby shall be made in writing at the'
time such change is ordered. Changes in the work must be processed as set forth
111 the General Conditions for Construction GC -46. FIELD CHANC:;}..
DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Ordei
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 ieHer, e-l11al .
facsimile, or other written document which accompanies the Field Chan~c
Directive or Change Order in which the contractor attempts to reserve any future
right or claim arising out of the work which is the subject of the Fieid Change
Directive or Change Order. If the Contractor adds such language, the Prolec'
Manager shall secure specific written authorization from the City Manager "
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, otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work v, as
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 Proiect Engineer ("Engineer") is Mathews Consulting, Inc., Dave Mathews.
P.E.
11.2 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.
11.3 As the Project Engineer is, in the first instance, the interpreter of the conditions ot
the contract and the judge of its perfonmmce, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful perfomlance by both parties.
llA 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.
Utilities Department C-7 Revised 07-] 1-08
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 Project 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 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 complete 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 project.
15.2 NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
Utilities Department C-8 Revised 07-11-08
15.3 Failure on the pari of CONTRACTOR to timely process a request tar ,.u
extension of time to complete the work shall constitute J waIver "
CONTRACTOR and CONTRACTOR shall be held responsible for completlt1L:
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, EXTENSI01\
OF TIMEINO DAMAGES FOR DELAY.
15.5 For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager
16 DISPUTES
16.1 Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner. either party may request the
appointment of a mediator.
Utilities Department C-9 Revised 07-11-08
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
wri tten.
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
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~ ~ ~o t~ ECT MANAGEF
CAROL DC ER, C f' , PURCHASING AEENT GLOBETEC CONSTRUCTION, LLC IS THE SECOND LOWEST, MOST RESPONSIVE, MOST RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
AND WHOSE BID IS IN THE BEST INTEREST OF THE CITY.
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 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 # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS AKA SERVICES, INC. ASHPAL T CONSULTANTS, INC. B & B UNDERGROUND CONTRACTORS, INC.
13676 HAMLIN BLVD 880 N.W. FIRST AVENUE 6900 DWIGHT ROAD
WEST PALM BEACH, FL 33412 BOCA RATON, FL 33432 WEST PALM BEACH, FL 33411
PH: (561) 791-7561 PH: (561) 750-8596 PH: (561) 682-3310
FAX: (561) 791-7565 FAX:(561) 368-5797 FAX: (561) 682-3304
CONTACT: JOSEPHINE BASILE CONTACT: CHRIS BACZEWSKI CONTACT: A. O'NEAL BATES
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUMBITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED YES YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $3,878,717.00 $4,225,991.00 $4,046,648.25
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES YES
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YES/FIDELITY & DEPOSIT YESITRA VELERS CASUALTY & YESIWESTFIELD
COMPANY OF MARYLAND SURETY COMPANY OF AMERICA INSURANCE COMPANY
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES YES
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
SHEET 1 ROLLING GREEN STORMWATER MAIN IMPROVEMENT PROJECT Page 1
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 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 # 018-2821-mI/JA if any, are hereby rejected as late"
VENDORS AKA SERVICES, INC. ASHPAL T CONSULTANTS, INC. B & B UNDERGROUND CONTRACTORS, INC.
13676 HAMLIN BLVD 880 N.W. FIRST AVENUE 6900 DWIGHT ROAD
WEST PALM BEACH, FL 33412 BOCA RATON, FL 33432 WEST PALM BEACH, FL 33411
PH: (561) 791-7561 PH: (561) 750-8596 PH: (561) 682-3310
FAX: (561) 791-7565 FAX:(561) 368-5797 FAX: (561) 682-3304
CONTACT: JOSEPHINE BASILE CONTACT: CHRIS BACZEWSKI CONTACT: A. O'NEAL BATES
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
_TC'.
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
~----- _.._~. .~..,_.~--_._. ~.._--~.~._.~-_....-
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES YES
<-., - ~--~-~. . '... .. .-- _.... .... . ~.. _m._._.__._._ -... -......._-~_...- .-..--......-
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES
-,.- --.-.----...-"-------.----.,.-.--,,.------.-. ._-".--"._,...,---_.- ~--~~~-"'.' .- ~ .. -----_.~ -- - --..- -...--
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YES YES YES
'---------,---_.~...._.- <.-.,.... ",..- ..., -.. _..__._..._.._-_._-----._--~--_.----. .... _.. - ...._-~..._-_. .,--.,.'..--..--..--..--.....- ...
SHEE ROt! ING GREEN SrORMWATf l\IN IMPROVEMENT PROJECT -.i'Jr
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 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 # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS CHAZ EQUIPMENT CO. INC. DANELLA UTILITY CONSTRUCTION, INC. FELIX ASSOCIATES, LLC
3180 FAIRLANE FARMS RD. STE 1 790 NE 48TH STREET 851 S.W. DARWIN BLVD.
WELLINGTON, FL 33414 POMPANO BEACH, FL 33064 PORT ST. LUCIE, FL 34953
PH: (561) 333-2109 PH: (954) 691-1720 PH: (772) 879-6510
FAX: (561) 333-2180 FAX: (954) 691-1719 FAX: (772) 879-7485
CONTACT: ROBERT H. WIGHT CONTACT: JOHN BASS CONTACT: VINCENT AMATO
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUMBITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED YES YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $4,815,579.25 $5,287,173.30 $3,958,078.60
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES YES
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YES/GREAT AMERICAN YES/SAFECO INSURANCE YES/ARCH INSURANCE
INSURANCE COMPANY COMPANY OF AMERICA COMPANY
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES YES
ROLLING GREEN STORMWATER AND MAIN IMPROVEMENT
SHEET 2 PROJECT Page 1
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18, 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 # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS CHAZ EQUIPMENT CO. INC. DANELLA UTILITY CONSTRUCTION. INC. FELIX ASSOCIATES, LLC
3180 FAIRLANE FARMS RD. STE 1 790 NE 48TH STREET 851 S.W. DARWIN BLVD.
WELLINGTON, FL 33414 POMPANO BEACH, FL 33064 PORT ST. LUCIE, FL 34953
PH: (561) 333-2109 PH: (954) 691-1720 PH: (772) 879-6510
FAX: (561) 333-2180 FAX: (954) 691-1719 FAX: (772) 879-7485
CONTACT: ROBERT H. WIGHT CONTACT: JOHN BASS CONTACT: VINCENT AMATO
NON COLLUSION AFFIDAVIT SUBMITTED
YES -- -- YES YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
-."-- -"~""--'-- -~.~
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
._~~~~~ ~.__. -_.._-~_...----- ---..--- '--- ~--..---.... ......n._ .........__.__ ____~
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES YES
... ---- --.------ _. ---- ~-------_._.._------_.._-_._-
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES
...-.....- ~...- ..----..-- -.-..--. -..---.- 1--- - ..-
SCHEDULE OF SUBCONTRACTORS I
SUBMITTED YES YES YES I
J
-,,~-.-..,,~., _..~-^' "-'-'.~-'.~- - ".~'- _ ._m._ L--..,._...___.~____~ .._.__...._ _....._.___________~~_,___,......._....~ L-..........__.
ROLLING GREEN STORMWATt::R AND MAIN IMPROVEMENT
SHEF PF CT
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 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 # 018-2821-09/JA if any, are hereby rejected as late"
~~~~4~~~
VENDORS FOSTER MARINE CONTRACTORS, INC. GLOBETEC CONSTRUCTION LLC . GONZALES & SONS EQUIPMENT
7313 WESTPORT PLACE 4774 N. POWERLlNE RD. P.O. BOX 170840
WEST PALM BEACH, FL 33413 DEERFIELD BEACH, FL 33073 HIALEAH, FL 33017
PH: (561) 623-0034 PH: (954) 590-3305 PH: (305) 822-5455
FAX (561) 683-0335 FAX:(954) 590-3307 FAX: (305) 882-1952
CONTACT: LARRY BRENNEN CONTACT: ANTONIO ASSENZA CONTACT: JUAN C. GONZALEZ
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUM BITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED YES YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $4,140,447.75 $3,489,346.60 $6,305,945.70
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES NOT SUBMITTED
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YES/FIDELITY & DEPOSIT YESrrRA VELERS CASUAL TY YES/FIDELITY AND DEPOSIT
COMPANY OF MARYLAND AND SURETY COMP OF AMERICA COMPANY OF MARYLAND
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES YES
SHEET 3 ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT Page 1
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 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 # 018-2821-09/JA if any, are hereby rejected as late"
.----.
VENDORS FOSTER MARINE CONTRACTORS, INC. GLOBETEC CONSTRUCTION LLC GONZALES & SONS EQUIPMENT
7313 WESTPORT PLACE 4774 N. POWERLlNE RD. P.O. BOX 170840
WEST PALM BEACH, FL 33413 DEERFIELD BEACH, FL 33073 HIALEAH, FL 33017
PH: (561) 623-0034 PH: (954) 590-3305 PH: (305) 822-5455
FAX (561) 683-0335 FAX:(954) 590-3307 FAX: (305) 882-1952
CONTACT: LARRY BRENNEN CONTACT: ANTONIO ASSENZA CONTACT: JUAN C. GONZALEZ
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES YES
-,-~ ~~~~-- -----
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
.,~~ . "---'--"--- -"_.~~ ..~., ._. ~~ -~ ~~ .~, .-. -~_._-~_. ~-- -'-"-"-" -"~""'._"~-' ,~^__'.u.,~~_.._M_~'_~_'.'_"" _
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A YESI HISPANIC FL. REGIONAL
MINORITY OWNED BUSINESS MINORITY OWEND BUSINESS MINORITY BUSINESS COUNCIL
-,--_. .,,-- ~_. ~
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES
YES
_V~~~_ ~__~__~_O__"._,o_~_,_____,~~~.~,.__.__.___~. - ... --'-"--"'0'_'_'_'--' _ _.___~__~__ - '. .~- -.-. -- .- ...--..---..-.----.-
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES YES
_._._.._~_~__...~...~~__._._~~,,___~~..~,._.___"_,_.n.~.,.~..._.,..._. ~.._~----"--~--~----,.__._._-..-."._-----_..._-_._._--,,- ,--.-....., -~ ------- PI
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES
-_._._---~--------_._-_._- _..._---~- "~
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YES YES YES I
--.". - -~--_.~ ----~-~..._.._-- ..-....-- !
SHEE ROLLING GREEN STORMWATER AND rER MAIN IMPROVEMENT PROJECT 'v
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 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 # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS INTERCOUNTY ENGINEERING, INC. JOHNSON-DAVIS INC. MAN-CON INC.
1925 N.W. 18TH STREET 604 HILLBRATH DRIVE 3460 S.W. 11TH STREET
POMPANO BEACH, FL 33069 LANTANA, FL 33462 DEERFIELD BEACH, FL 33442
PH: (954) 972-9800 PH: (561) 588-1170 PH: (954) 427-0230
FAX: (954) 974-0042 FAX: (561) 585-5252 FAX: (954) 427-8133
CONTACT: MAURICE A. HYNES CONTACT: SCOTT J. JACKSON CONTACT: GUY A. MANCINI
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUMBITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED NO YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $5,005,098.00 $3,726,692.00 $3,920,673.85
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES YES
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YES/DEVELOPERS YES/SAFECO INSURANCE YES/THE HANOVER
SURETY AND INDEMNITY COMPANY OF AMERICA INSURANCE COMPANY
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES YES
SHEET 4 ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT Page 1
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 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 # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS JOHNSON-DAVIS INC. MAN-CON INC. .--.-
INTERCOUNTY ENGINEERING, INC.
1925 N.W. 18TH STREET 604 HILLBRATH DRIVE 3460 S.W. 11TH STREET
POMPANO BEACH, FL 33069 LANTANA, FL 33462 DEERFIELD BEACH, FL 33442
PH: (954) 972-9800 PH: (561) 588-1170 PH: (954) 427-0230
FAX: (954) 974-0042 FAX: (561) 585-5252 FAX: (954) 427-8133
CONTACT: MAURICE A. HYNES CONTACT: SCOTT J. JACKSON CONTACT: GUY A. MANCINI
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES YES
...._-~_......-
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
"~~ .~ -~~- ..--.-...--
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
. - .- --
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
. . -- f-----. _'_C",,>.,,_~.~".._._ .._~_.. .- ....--..-...-.........---.. .-
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES YES
............- -...............--....-..... -----...--..---....- -...-....--. .- _...,._....,....,..,. ....--..-- --~------~~"."'- -..-.
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES
...'.- ~, ...---......-....-- _......... .........- ....----.....-..---.... .- -. i
SCHEDULE OF SUBCONTRACTORS I
SUBMITTED YES YES YES I
I
. -... j
-,,"-""-,,_.,,~.,.-~ __c_'-.'___",,_ .~" -~.~..".~ -"- .-- - ...... .,
SHEE~ ROLLlN(~ GREEN S lORMWATER AND ER MAIN IMPROVEMENT PROJECT .-1f-'
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
SID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time.
SID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
SID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS MASTER EXCAVATORS, INC. RIC-MAN CONSTRUCITON, INC. OCEAN BAY CONSTRUCTION INC.
9950 S.W. 168 TERRACE 3100 S.W. 15TH STREET 2200 N.W. 16TH ST.
MIAMI, FL 33157 DEERFIELD BEACH, FL 33442 POMPANO BEACH, FL 33069
PH: (305) 238-0119 PH: (954) 426-1221 PH: (954) 960-0130
FAX: (305) 251-8301 FAX: (954) 426-1226 FAX: (954) 960-3312
CONTACT: BERNARD FEEL Y CONTACT: DANIEL MANCINI CONTACT: RONALD E. PENTA
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUMBITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED YES NO YES
TOTAL BID PROPOSAL
(From Page BP-5) $3,408,495.10 $4,439.859.29 $5,084,656.69
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES YES
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YESIDEVELOPERS SURETY YESIWESTERN YESITRAVELERS CASUALTY
AND INDEMNITY COMPANY SURETY COMPANY AND SURETY COMPANY
STATEMENT OF BIDDERS
QUALI FICA TrONS SUBMITTED YES YES YES
SHEET 5 ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT Page 1
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
SID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time.
SID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
SID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS MASTER EXCAVATORS, INC. RIC-MAN CONSTRUCITON, INC. OCEAN BAY CONSTRUCTION INC.
9950 S.W. 168 TERRACE 3100 S.W. 15TH STREET 2200 N.W. 16TH ST.
MIAMI, FL 33157 DEERFIELD BEACH, FL 33442 POMPANO BEACH, FL 33069
PH: (305) 238-0119 PH: (954) 426-1221 PH: (954) 960-0130
FAX: (305) 251-8301 FAX: (954) 426-1226 FAX: (954) 960-3312
CONTACT: BERNARD FEELY CONTACT: DANIEL MANCINI CO NT ACT: RONALD E. PENT A
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES YES
~.._~---_.- . .._.....~.."-_.._. ..-
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
. --.---....-
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORI"'!:2"..OWNED BUSINESS._
.~H '''- -..--. ...- -"'. -- .
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
--.-..-..-.......- f--... ............-...--.-----.............--.--....- _.....-. . ~ -.------.-. ...- - . .. ..".............".-.....".. ..................-.....--
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES YES
-..... ".'--- ~._- ............-- _... . ........_._..._~.._---.__...._..._......-
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES
-.., . .- ~- .- 1--... -I- " ... .-
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YES YES YES
I
_.~~ "- .L ._..._~ ._- I
SHEE ROLLING GREEN STORMWJ\TER AND fER MAIN IMPROVEMENT PROJECT il(
"
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
SID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time.
SID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
SID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS PALM BEACH GRADING, INC. SHEL TRA & SON CONSTRUCTION CO. INC.
1250 GATEWAY ROAD P.O. BOX 336
LAKE PARK, FL 33403 INDIANTOWN, FL 34956
PH: (561) 842-9551 PH: (772) 597-3180
FAX: (561) 842-9824 FAX: (772) 597-4213
CONTACT: LARRY MANNING CONTACT: RICKY SHEL TRA
ADDENDUM #2 SUBMITIED
YES YES
ADDENDUM #1 SUMBITIED
YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITIED YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $3,989,899.60 $4,067,657.25
ORIGINAL AND THREE COPIES OF
BID SUBMITIED YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES
SITE INSPECTION FORM SUBMITIED
YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES
BID BOND SUBMITTED YESIWESTERN YES/GREAT AMERICAN
SURETY COMPANY INSURANCE COMPANY
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES
SHEET 6 ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT Page 1
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
,. ~-~~.~_...
"Offers from the vendors listed herein are the only offers
SID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time.
SID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
SID # 018-2821-Cl9/JA if any, are hereby rejected as late"
~"___o.~~~__~~_~___~._.._..__.__~.~_.__.,,~ .
VENDORS PALM BEACH GRADING, INC. SHEL TRA & SON CONSTRUCTION CO. INC.
1250 GATEWAY ROAD P.O. BOX 336
LAKE PARK, FL 33403 INDIANTOWN, FL 34956
PH: (561) 842-9551 PH: (772) 597-3180
FAX: (561) 842-9824 FAX: (772) 597-4213
CONTACT: LARRY MANNING CONTACT: RICKY SHEL TRA
.-.
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES
_._..~...- ~ --_...~-_. ,_._,--_.._.,~,~-
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES
------,_.,-~._- ...--.- -.... ,-' ---
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS._ I
_. 1
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES
"- --. - -"~~.~.~-,~._"_.._._~---
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES
-.-.. -~. -
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES .~
." '.W' _._ 1--.... ......._..._... ._____..0..._...._...0.. . ----. ..____ ._.. . "0 -'
SCHEDULE OF SUBCONTRACTORS ,
I
SUBMITTED YES YES/NA I
I ___~____"__._____ .,__,_~__.".__~_.____...+ ._..____.......___._.., "'+"'-.- _._..______ .. ._._ r_~_ ~-'-'-"~--" ... J
SHEF ROLUN(~ GREEN ~! ORMWA r ER ANL TER MAIN IMPROVEMENT PROJECT HI' .
City \. ,oynton Beach
Rolling Green Stormwater and Water Main Improvement Project
Bidding Construction Cost Opinion (Dec. 2008)
ITEM DESCRIPTION OF BID ITEM QUAN. UNIT COST TOTAL
Mobilization/Demobilization, Bonds, Maintenance of Traffic, Insurance and General
1 Requirements. Contractor shall be limited to a maximum of eight percent (8%) of the subtotal bid 1 LS $406,000.00 $ 406,000.00
price.
Provide National Pollutant Discharge Elimination System Permit (NPDES) and dewatering permit
from applicable agencies. Contractor shall be limited to a maximum of one (1.5%) of subtotal 1 LS $76,000.00 $ 76,000.00
2 bid price.
Furnish and Install 6-lnch Ductile Iron Pipe Water Main including all Fittings, Thrust Blocks,
Restraining Joints, Air Release Assemblies, Conflict Structures, Site Restoration, Disinfection, 314 LF $35.00 $ 10,990.00
Temporary Sampling Points, and Appurtenances needed to deliver a functioning water
3 distribution system.
Furnish and Install 8-lnch Ductile Iron Pipe Water Main including all Fittings, Thrust Blocks,
Restraining Joints, Air Release Assemblies, Conflict Structures, Site Restoration, Disinfection, 26,534 LF $40.00 $ 1,061,360.00
Temporary Sampling Points, and Appurtenances needed to deliver a functioning water
4 distribution system.
Furnish and install Fire Hydrant Assemblies on proposed water main, including tee, valve and 38 EA $3,200.00 $ 121,600.00
5 appurtenances.
Remove existing Fire Hydrant Assemblies on proposed water main, including tee, valve and 19 EA $750.00 $ 14,250.00
6 appurtenances.
Furnish and install 10" x 8" Tapping Saddle Assembly, including valve, appurtenances and all 5 EA $5,000.00 $ 25,000.00
7 site restoration.
Furnish and install 10" x 6" Tapping Saddle Assembly, including valve, appurtenances and all 2 EA $4,500.00 $ 9,000.00
8 site restoration.
Furnish and install 8" x 8" Tapping Saddle Assembly, including valve, appurtenances and all site 2 EA $3,000.00 $ 6,000.00
9 restoration.
Furnish and install 6" x 6" Tapping Saddle Assembly, including valve, appurtenances and all site 3 EA $2,500.00 $ 7,500.00
10 restoration.
Furnish and install 4" x 4" Tapping Saddle Assembly, including valve, appurtenances and all site 2 EA $1,500.00 $ 3,000.00
11 restoration.
12 Furnish 8-inch Qate valve & appurtenances. 81 EA $1,500.00 $ 121,500.00
13 Furnish 6-inch Qate valve & appurtenances. 8 EA $1,200.00 $ 9,600.00
14 Furnish and install all permanent samplinQ points includinQ all appurtenances. 4 EA $2,000.00 $ 8,000.00
Furnish and install 5/8" x 1" water service including saddle, corporation stop & curb stop, 218 EA $900.00 $ 196,200.00
15 including all appurtenances.
Furnish and install 1-1/2" water service including saddle, corporation stop & curb stop, including 157 EA $1,100.00 $ 172,700.00
16 all appurtenances.
Furnish and install 2" water service including saddle, corporation stop & curb stop, including all 1 EA $1,500.00 $ 1,500.00
17 appurtenances.
18 Furnish and install 1 " poly for single services (short side) 1,805 LF $5.00 $ 9,025.00
1 MATHEWS CONSULTING
City of Boynton Beach
Rolling Green Stormwater and Water Main Improvement Project
Bidding Construction Cost Opinion (Dec. 2008)
ITEM DESCRIPTION OF BID ITEM QUAN. UNIT COST TOTAL
19 Furnish and install 1 " poly for single services (long side) 4,285 LF $10.00 $ 42,850.00
20 Furnish and install 1-1/2" poly for double services (short side) 1 ,283 LF $6.00 $ 7,698.00
21 Furnish and install 1-1/2" poly for double services (long side) 2,854 LF $12.00 $ 34,248.00
22 Furnish and install 2" poly for double services (short side) 14 LF $14.00 $ 196.00
23 Furnish and install PVC casing pipe (3-inch) for water service crossings - MOLE. 3,800 LF $13.00 $ 49,400.00
24 Rear Yard Water Services (City Furnishes) 137 EA $0.00 $ -
25 Abandon in-place existinQ 8-inch asbestos cement pipe using grout (f1owable) fill. 1,414 LF $6.00 $ 8,484.00
26 Abandon in-place existinQ 6-inch asbestos cement pipe using grout (f1owable) fill. 13,536 LF $5.00 $ 67,680.00
27 Flush Concrete Header Curb 5,500 LF $20.00 $ 110,000.00
28 4" thick concrete sidewalk replacement and restoration (4' wide) 1,600 LF $18.00 $ 28,800.00
29 4" thick concrete sidewalk replacement and restoration (5' wide) 1,300 LF $15.00 $ 19,500.00
Concrete driveway apron removal/replacement. This bid item shall also include the restoration 15,661 SY $42.00 $ 657,762.00
30 and replacement of all 6" thick concrete sidewalks at the right-of-way.
Furnish, mill and install 1" asphalt overlay to the extent and locations shown on the plans.
Overlay shall be 1" Type S-1I1 asphaltic concrete. This bid item shall include the replacement 57,535 SY $7.00 $ 402,745.00
and restoration of all reflective pavement markers (RPM's) and all temporary and permanent
31 pavement markings.
-.- .--. .- _... .--...- -- ...---.- -. ,,--.-.--- --. .."..----
Furnish, mill and install asphalt overbuild to the extent and locations shown on the plans.
Overbuild shall be Type S-III asphaltic concrete. This bid item shall include the replacement and 5,323 SY $22.00 $ 117.106.00
restoration of all reflective pavement markers (RPM's) and all temporary and permanent
32 pavement markings.
-....-.- ,,--- ------ _._- -
33 Roadway MarkinQs 1 LS $25,000.00 $ 25,000.00
--- - .
Furnish and install 24" HOPE Exfiltration Trenches including fittings, pollutant retardant baffles,
conflict strutures, restoration (including swale areas, driveways, sidewalks and required
pavement restoration), trench shoring and appurtenances associated with the exfiltration trench 3,117 LF $90.00 $ 280,53000
to deliver a functioning stormwater system. Note: All HOPE pipe shall be included as part of this
34 bid item.
---- Open cut asphalt restoration --- ---- .- ---.
35 6,000 LF $35.00 $ 210,000.00
---_.. -- ------
Swale restoration for areas highlighted on the construction plans. This shall include sodding of
swale areas with either Floratam or Bahia sod as required and restoration of the existing 35,359 LF $13.00 $ 459,66700
36 irrigation systems.
-..._-- ..-.- -...-.--- _...._- --
37 Furnish and install FOOT Type "E" inlets including all grates and appurtenances. 52 EA $3,000.00 $ 156,000.00
-..-..- .---.--.- ---.- --.
38 Furnish and install BMP 30F Snouts (w/installation kits) 58 EA $1,400.00 $ 81,200.00
-
39 Adjust Stormwater Catch Basins 52 EA $400.00 $ 20,800.00
-....-.. -- --
40 Adjustment of Utility Valve Boxes/Manhole Covers to match proposed grade for Paving Overlay. 26 EA $300.00 $ 7,800.00
-. -1---- .- _..._-..--- ...-- --.. - - ---.-.--- - - -. -- -. .~-~. ~. ~_._., -- _... ,,-.
I 41 lsa~ita~~~~~~~~:_e~_Rin~~_dju.:.~~nts_ 10 EA $500 00 $ 5.00000
-- -~
2 MATHEWS CONSULTING
City L .Joynton Beach
Rolling Green Stormwater and Water Main Improvement Project
Bidding Construction Cost Opinion (Dec. 2008)
ITEM DESCRIPTION OF BID ITEM QUAN. UNIT COST TOTAL
42 As-Built Record Orawin s. 1 LS $20,000.00 $ 20,000.00
43 Indemnification. 1 LS $10.00 $ 10.00
~'---~~'lr::r~TIry;~ _~.._~~~.____._~_~~~;_.__~_~_~.a '-'~'--~lf'-'" "-'~T--' -'-, .---- - -'-- "'---'-"H~ -r:~~.~
tE:i'.di.i "~ gA,~ t",~ << " ;. ! "' "'~ j. _'H="~" 2;.""", -"'''''ott;?:'-;:"> = ~ t~~ 3!u,,,,,jK~"'~g, -t"""'~;:;1."","~-",. . > r iih" ~~ ~~_ ...... '" Jf" jk6 ,,)it I'- fr~,,~,~f~
~... "r:::tI,ffi'-l~"~;f;m!.'?f'~':~-;r"-' ~-_.. '-=.' :.~_..... n. -:..__..__.._~~. - "H' "- 1r' . :[.~ /l;;;.~::f;f.j:i]:1J!
2i"","_" j[.~ '--....;; ~dm1,,~", 2. ~,~~\;~ "~t a. ~ "~-6.. -\CmI~l<.wt~~.'""&c.l'j,jiji{,,()%'J. '" ,,,i_",", _ _ =~ _~~ioo<!~",m"'ij,..;~~. ~ _ ",. -'"v .." ilIb"~_J'"," ",,"" "- _ _ _ =_ d,_~"", ~ ~"rll~''''' l~~,,6LJ ~ =-( i"",~ Ej
~~ ~~:::;]~~
Note: Since the Engineer has no control over the cost of labor, materials, equipment or services furnished by others,
or over the Contractor's methods of determining prices, or over competitive bidding or market conditions,
Engineer's opinion's of probable Construction Cost provided herein are to be made on the basis of Engineer's
experience and qualifications and represent Engineer's best judgement as an experienced and qualified
Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals,
bids or actual Total Project or Construction Costs will not vary from opinions of probable construction cost
prepared by Engineer.
3 MATHEWS CONSULTING
BIDDER ACKNOWLEDGEMENT
j
Submit Bids To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date:
Bid Title: ROLLING GREEN STORMW A TER AND WATER MAIN
Dv1PROVEMENT PROJECT
Bid Number: #018-2821-09/JA
Bid Received By: DECEM:BER 18,2008, 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: December 18, 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: GlobeTec Construction
Federal LD. Number: 20-0197046
A Corporation of the State of: FL
Area Code: 954 Telephone Number: 590-3305
Area Code: 954 FAX.. Number: 590-3307
Mailing Address: 4774 North powerline Road
City/State/Zip: Deerfield Beach, FL 33073
Vendor Mailing Date: /2. /1 ~ ;Ok
/
Antonio Assenza
Name Typed
,j
/
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
, ADDENDA
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CITY OF BOYNTON BEACH
FLORIDA
BID TInE: ROLLING GREEN STORMWATER AND WATER MAIN
IMPROVEMENT PROJECT
BIDDER: GlobeTec Construction
DATE SUBMITTED: December 17, 2008
We propose and agree, .if this bid is accepted, to contract with the City of Boynton Beach, in the
Contract Form, to furnish ail material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the docmnents prepared by:
Mathews Consulting, Inc., Dave Mathews, P.E.
) (Name of Project Manager/Architect/Consultant)
i
and having examined the project site (when indicated in these specifications to do so), we
propose to perform. the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM NO. DATE ADDENDUM NO. DATE
#1 12/11/2008
~2. { z.-.' (~/ 2-Oofj
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TInS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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12/11/2008 17: 01 1 !"'i-\GF
REVISED BID PROPOSAL
!tolling Green
Addendum #1
Bid #018-2821-09/JA
BID PROPOSAL
The Bidder agrees to accept as full payment for the:
ROLLING GREEN STORMW ATER AND
WATER MAIN IMPROVEMENT PRO.meT
BID #018-2821-09fJA
Scope of Work:
The City of Boynton Beach is seeking the services of a qualified contractor to furnish, install and
provide all Jabor to complete the City's project known as Rolling Green Storrnwater and Water
Main Improvement Project.
Water main improvements include furnishing and installing all fittings, valvesl fire hydrants,
water services, connections to existing systems and all incidentals and appurtenances to install
approximately 300 linear feet of new 6-inch water main and 27,000 linear feet of new 8-inch
water main. Stormwater improvements include furnishing and installing approximately 3,000
linear feet of 24-inch HOPE extiltration tJ:en.ch, 35,300 linear feet of swale construction and
contouring within the project area, and Type C and Type E inlet structures. The scope of work
also includes, but is not limi.ted to pavement milling and resurfacing, and restoration or
replacement of sidewalks and driveways.
The scope of work is more clearly defined in the Contract Documents, Special Conditions and
Tenns and Conditions for City-Furnished Materials, Technical Specifications and project drawings
which are hereby not listed in any order of precedence.
TOTAL BID $ 3 '--/ gel ~ Lf6c bo
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(From Page BP - 5) . J h L fhov Son d
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I h v--e. -e IIVlI Ion IQ \J f (
T~v.e-e ~vv) d reJ ~r7 - <; I/<' Dollars
c....., y'L/ Cents
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I (amount written in words has precedence)
TIDS PAGE TO BE SUBMITl'ED IN ORDER. (tOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEP'rABLE
BP~l
REVISEDBID PROPOSAL
RoDing Green .....
l'V
Bid '0 1 8-2821-69/JA "-
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Addendum #1 .....
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SCHEDULE OF BID ITEMS l'V
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(Sl
ROLLING GREEN STORMW ATER co
AND WATER MAIN IMPROVEMENT PROJECT .....
--..J
TECH (Sl
.ITEM 1ST lINlT .....
NO SPEC DESCRIPTION QTY lJNITS COST VALUE
OUOO .....
SECfION 1- WATERMAlN DISTRIBUTION SYSTEl\ol IMPROVJCMENTS
1.1 1.8 A Furnish & install 6-incb DIP water main 314 LF :s >0 s 1 s: 700....
1.2 1.8 A Furnish & inslalJ i-inch DIP water main 26,534 LF S 2.7 :$ 7/6 '-//8-=
1.3 l.8B Furnish & install 6-incl1 RW v.ate valve &; box 8 EA $0;00 $ 7, z.co-
1.4 1.8B Furnish & install 8-incb. RW pte. valve &. box 81 EA $ t -; 00 $ j O~, ::s co -
1.5 l.8C Fumish" install I-inch water service connection 218 BA $ 500 :Ii i 09, 000
1.6 1.8C Furnish It instaIll-ll2-inch water service connection 157 EA :& 700 :5 /Oq, 900
1.1 I.Se Fl1l11ish &. install Z-inch water'service oonnection 1 EA S ; 900 S 1.900-
1.8 1.8D Furnish water service connection ancilJarv items (i-inch) 213 EA S /<70 $ '32, 700;;-
1.9 1.3D Furnish water service connection ancillary items (1-1/2- 157 EA $ 2&0 $ '-I ~/ '160 -
inch)
1.10 1.3 D Furnish water service co.onection anciUlUY items (2-inch) 1 EA $ 900 $ '100 -:
Furnish & install I-inch poly for single potable water .
1.11 l.8 E 6,090 LF $ /~ $ b, o?O :.'
service pipe
1.12 1.8 E Furnish &; install I-Ill-inch poly fur double potable warer 4,131 LF $ Z-- $ 21,Z7Lj;::
service pipe
1.13 l.IE Furnish & install Unch poly for double potable water 14 LF S / )= S Z,ID~
service pipe
1.14 1.8 F Furnish & h1stalI4-in.ch. Schedule 40 PVC pipe. sleeve for 3,800 LF $, z.5:: $ q 5, oC;V =-
long side and median services
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REVISED BID PROPOSAL
Rolling Green ...'
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Bid #01 &..2S21-<J.9lJA ""-
....,
Addendum#l I-'
""-
SCHEDULE OF BID ITEMS N
CSl
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ROLLING GREEN STORMW ATER OJ
AND WATER MAIN IMPROVEMENT PROJECT ~,
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".~-,
--_.... ------
ITEM '1ICB EST UNIT
SPEC UNITS VALUE I-'
NO 01100 QTY COST
US N/A 131 LF
1.16 1.8H 38 EA $ ~"oro $ /1 Lj, 000::
1.17 N/A to valve w/mecb. <:a 19 EA $ S 00 - $ cl- ~ 00 -
U8 1.8J in saddle, RWG valve & box 2 EA $ '1,200'- $ OO~
1.19 1.8J in saddle RWG valve & box 3 EA :s /'>00; $ I I C; CC;J ~.
1.20 l.8J 2 FA $ S;,zod $ / 0" Yo:::;J.>'-
1.21 1.8 J 2 :BA $ ,700; $ 9 400';;'
._".-
1.22 l.8 J 5 EA $ ,;;rod $ 6 >00
1.23 1.8K 4 EA $ ?, 000' $ S? c700 ~
~.~_.'_._~--
1.24 1.8T 13.540 LF $ I,~o $ 2-1..( 7Z=
1.2S 1.8T 1,414 LF $ '. Yp $ 2... [" S'K
---
-_... .,..~-_.._._~-~ --~--------------, SECTION 1- SUB-TOTAL $ I, L/79, 3/0.60
-_..~ --I ~-L_ m~;l [VALUE I
ITEM TECH UNIT
NO ~;P:BC DESCRIPTION COST
01100
------
SECTlON1- STORM WATER SYSTEMlMPROVEMENTS -_. /96/ 37/ --.-
2.1 l.8N Furnish & instaU 24-inch IIDPE exfiltration trench 3,117 LF s: 63: $
35~60 --~--- .. 77 $ ";:;'1 It)20 -
I- 2.2 UlO Construct Swales LF $
-----.
~ -h8-Q Fumilih &. iaotall Type C la.let per FOOT Index: ~ 1M 3 t
-.--- 1--..... ...- ;----- ----- - ~ ._~- f--'-----
M2.3 l.SQ Furnish & instan FDOT Modified Type E Ditch Bottom utS2 EA $ZwJ -$ f 3'5. 20cr
Inlet .
-------- Fumish & install BMP JOF 24F Snouts (wjjnstaUati{)n kits) ~SII- BA $ 750. $'7'3> SObCC~
M2.4 Nt1\.
~25 L8R Atljust Stonnwate.r Catch Basins #52 EA $ 2-00 ~ $-:; &;.. t; CJO;
...--.-'-. --- .__..__.SECTlON 2 - SUB-TOTAL $f.:;_~.~ r ~L/.~.
I ._-,._,-- ---~_._.-_--~~- .U
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REVISED BID PROPOSAL .
RoIfmg Green ~
I...:l
Bid f#Ol8-2S21-09JJA ......
~
Addendmn II ~
......
SCHEDULE OF BID ITEMS I...:l
(Sl
(Sl
ROLLING GREEN STORMW ATER lD
AND WATER MAIN IMPROVEMENT PROJECf ~
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~
SECTION 3- ROADWAYISIDE.WALK ~
3.1 1.8 X Fumish;-MiJI & mstsUI-inch S-lli asphalt overlay 51.535 SY S "7= $ -C;02 7'-/S"
3.2 1.3X Fumisb~ Mill &. lnstaJl s-m asphalt overbuild - NW 1"" 5,323 SY $ 15 == $ 71/ J?CfS --
Avenge
3.3 1.8W Asphalt pateh (trench repair) ~ ~ S 25== $ / S 0/ c;:r:X)-
6,008 LF
3.4 1.8Z Roadway marJdnas I LS $ z,71lo: $ Z, 8J (F
3.5 1.8BB Conc.rete driveway apron (6-inch w/thickened edge). inellldiBg 15,661 SY $ 35= :5 5 L-I k; /55--
6-inch thick sidewalk
3.6 ].8 CC Sidewalk- 4-inch thick (4-ft wide) ~ S3J $ 20::' $ '"3 "2" ODD:::
1,600 LF
3.7 I.See Sidewalk. - ....inch tbick (S-ft wide) 1,308 LF S -zt;=- S ~Z,,5Cl::?
;.;1- 3.8 NlA Sanitary Sewer MH Castine Adiustmenl- riser nnR actiustment 10 EA $ S 00 - $ ,?,OCO
3.9 1.8 DD 'lush eonerete header eurb 5,589 LF $/2=- S b~ ooo~
SECflON 3 -SUB-TOTAL $ I, '3/Cf" 03S-
SUMMARY FOR SECTIONS 1 TBRU 3
VALUE
Section 1 Water Main $ I, '-I 7q -:S1{:J~ 60
SedlOR :1 Stormwater $ 6'72 .qq I, (:)0
Section 3 Roadway/Sidewalk S i ~ J i1 O~?' 00
SUB-TOTAL BASE BID - SECTIONS 1 THRU 3 $ 3, <-t 3 j ~ "3 '3 6 - (,0
"1J
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BP4 A
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REVISED BID PROPOSAL
Rolling Green r-,
Bid N018-2&21-09/JA N
--.....
Addendum 1#1 I--'
I--'
SCHEDULE OF BID ITEMS "-
N
CSJ
ROLLING GREEN STORMWATER CSJ
ro
AND WATER MAIN IMPROVEMENT PROJECT f-'
'--.1
..
CSJ
f-'
ITEM TECH EST ..~
NO SPEC DESCRIPTION QTY UNITS VALUE
012410 ---
MobjlizationlDemobilizatjon, Bonds, Insutaooe, and General
GC-I I.SEE Requirements. Contractor shall be limited to a maximum of 1 LS $ LfGI/ 000-
ejght percent (8%) of the Sub-Total Base Bid Section 1 thru
-"'...--.-- -- S~ction 3.
.-- ~~..._..
NPDES - Contractor shall be limited to a maximum of one
GC-2 1.8FF and one-baJfpercent (1.5%) of the Sub-Total Base Bid Section 1 LS $ J, 000 0:-
I thru Section 3. ---~---
GC-3 1.8 Record DrawinAA 1 LS $ . 5/ ooc;-
-~._.._,- .,.~-
-.- -- ...._--'--. $ 3:, L(Y/, 3~b. -.---
TOTAL BASE BID (IKhuling Sll~ Total Base Bid,- Section 1 tllru ~tion 3) bo
... _"'u'_'" .~-~-"-- ___'.u_
1-1 Indemnification I N/A $ 10.00
_..-~-.....-~.-......__._-.
---. ----.---.-.. --~---
ALLOWANCES 1---- '_u.. . _u_"'_.._.~____u ___~
-~ -~- -"~"~-'.-'-- - -
ITEM TECH EST
NO SPEC DESCRIPTION QTY UNITS V ALlJE
01200
..- ..- r--"-' .'-.. ~.~-- --.
A-I 1.4B SFWMD - DewalQ1~ u(;lluit fee, if required I LS $ 3.000.00 ___~~ .___ u.. _____.__
--_._-~-~._- --_._~---
A-2 lAB BellSouth - Manhole adiustments, if required t LS $ 5,000.00 ... -. .---
- --
TOTAL BID $ 3 Li ~91 s<--/6 - 6D
(TOTAL BASE BID. INDEMNIFICATION, ALLOWANCES)
(enter this amount on Page BP- 1) (fu Numbers)
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12/11/2008 17:01 1 PAGE 16/25
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REVISED PROPOSED MATERIAlIEQUIPMENT LIST
Btd #ffi18-2821R09/JA
Addend.mn # 1
PROPOSED MATERIALlEQUlPMENT LIST FOR
DIRECT OWNER PURCHASES
ROLLING GREEN STORMWATERAND WATER MAIN
IMPROVEMENT FROJECf
The City u exempt from paying sales ad use taxes on materials and equipment purchll$ed
by the City for, and incorporated into ROLLING GREEN STORMW ATER AND
WATER MAIN IMPROVE:MENTS, ("Projeet~). At the City's dtseretion, the City may
make direct purchases of any materials and equipment purehased for, or to be
incorporated in the Project, as determined by tbe City.
The following bid items may be reviewed for direct pu.rchase by the City for incorporation
in the Project; additional materials and equipment may also be reviewed.
BID ITEM NO. ITEM DESCRIPTION QUANTITY UNIT
1.1 6-INCH DIP WATER MAIN 314 LF
1.2 8-INCH DIP WATERMAlN 26.534 LF
1.3 6RINCH RW GATE VAL VB & BOX 8 EA
1.4 8-INCHRW GATE VALVE & BOX 81 EA
1.11 I-INCH POLY PIPE 6,090 LF
1.12 1 RIi2-INCH POLY PIPE 4,137 LF
1.16 NEW FIRE HYDRANT ASSEl\1BLIES 38 EA
1.18 4" BY 4" TAPPING SADDLE. RWO VALVE 2 EA
AND BOX
1.19 6t' BY 6" TAPPING SADDLEs RWG VALVE 3 EA
& BOX
1.20 8" BY 8" TAPPING SADDLE, RWG V At VB 2 EA
& BOX
1.21 10" BY 6u TAPPING SADDLE. RWG 2 EA
VALVE & BOX
1.22 10" BY 8" TAPPING SADDLE, RWG 5 EA
VALVE & BOX
2.1 24-INCH HDPE EXFIL TRATION PIPE 3,117 LF
~ ....,,.,...,., ,,,,, ""rr 'MT "''eft ~ BA
2,.,42.3 TYPE ~E' INLET. PER FDOT INDEX ~5Z EA
gZ.4 BMP;MF 30F SNOUTS (W/INSTALLATION $-1 58 EA
KITS)
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TO DE CONSIDERED COMPLETE AND ACCEPTABLE
BP-6
12/11/2008 :'.7: 01 1 :J?\3E: ""7 'i
REVISED BID PROPOSAL
Bid #Ol8-2821-09/JA
Addlimdum # 1
The undersigned bidder agrees to comm.ence work within ten (10) calendar days after the date of
the t'Notice to Proceed" and shall achieve Substantial Completion without interruption within
560 calendar days thereafter, inclusive of Phase 1 and Phase 2.
Bidder will indicate submittal of the following documents with bid proposal:
x Original and three (3) copies of bid submitted.
X Attached is a computer generated horizontal bar chart showing proposed scbedule of
work.
X Schedule of Subcontractors submitted.
X Site Inspection Form subtni:Lted.
X Evidence of possession of required lioenses and/or business permits submitted.
The undersigned bidder hereby represents that he has carefully examined the drawings and the
Contract including all Contract documents and will execute the Contract and perform all its
items, covenants and conditions, all in exact compliance with the requirements of the
specifioations and drawings.
The bidder, by and through the submission of his Bid, agrees that he has examined and that he
shall be held responsible for having theretofore examined himself as to the character of the route,
the location, surface and underground obstructions, the nature of the ground water table,
conditions and all other physical characteristics of the work, in order that he may thereby provide
for the satisfactory completion thereo~ including the removal, relocation or replacement of any
objects or obstructions which will be encountered in doing the proposed work.
The bidder, by submission of this Bi.d acknowledges that the bidder has been advised that in the
event bidd.er contests the award. of this project to another bidder, that the bidder damages, ifany,
are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for
other damages coming from the City's failure to awatd the project bidder.
TIUS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPT ABL.'&
BP.7
GlobeheConluudlon Prel PreHeat Scheel' 1V181100a
oI1701N.~rlineRoed .,
D_.ffield Budl,Fl JJ07J
Project........... Rollin,:! Green SlorlnWlll... & Weier Mein Ifl"lPl"ovemenl Project"
Owrr.r Cltr of BoI'RtDn &Kh
Enol"..r Melhews Conlultihp. lnt..
BldO_le Decll812008 BAR CHART COMPUTe:R GEN@RATEO SCHeDULE
MONTH 1 MONTH 2 MONTH 3 MONTH 01 MONl1i5 MONTHS MONTH 7 MONTH a MOfITM . MONTH to MONTH 11 MONTH 12 MOHTH 13 MONTH 14 MONTH 1S MONTH 1$ MONTH 17 MONTH 1B MONTH f'
4CTlVITY 1 , 3 , 1 , 3 , 1 , 3 , , , 3 , 1 , 3 , , , 3 , , , 3 . , , 3 , , , 3 , 1 , 3 , I , 3 , I , 3 , 1 , 3 , , , 3 . , , 3 . , , 3 , , , 3 , 1 , 3 , , , 3 ,
:e to Proceed I
.e1 Work
,e 1 Substantial Completion .
;e 2 Work
;e 2 Substantial Completion .
lCt Substantial Completion .
I Close-out documents m
!Ct Fin..t Comoletion
Page 1 of' Conflden..1
Rolling Green
Date: December 17, 2008
GlobeTec Construction
(Name of bidder, Corporation, Finn or Individual)
By: '-~~~-)
$itiiature /'./"-7
"
Antonio Assenza
Printed Name
President
Title
.'
(954) 590-3305
Telephone Number
Florida Contractor's License Number: CUC057203
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THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
Bp.8
I t
BID BOND
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
KNOW ALL:MEN BY THESE PRESENTS, that GlobeTec Construction, LLC
Travelers Casualty and Surety
as Principal, and Company of America , as Surety, authorized to do
business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach
in the penal sum of Five Percent of Amount Bid
Dollars ($ --5%-- ) lawful money of the United States, for the payment of which sum will
and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDmON OF THIS OBLIGATION IS SUCH, that whereas the Principal lias
submitted the accompanying bid, dated December 18 , 20~ for:
ROLLING GREEN STORMWATERAND
WATER MAIN IMPROVEMENT PROJECT
NOW TIIEREFORE,
A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening
of the same, and shall within ten (10) days after the prescribed forms are presented to
him for sigllature, enter into a written Contract with the Owner in accordance with the
Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be
required, for the faithful performance and proper fulfillment of such Contract, then the
above obligations shall be void and of no effect, otherwise to remain in full force and
effect.
BIB - 1
~..v 1 ().? 1.()'i
B. In the event of the withdrawal of said Bid within the period specified, or the failure to
enter into such Contract and give such bonds within the time specified, if the principal
shall pay the Owner the difference between the amount specified in said Bid and the
amount for which the Owner may procure the required work and supplies, if the latter
amount be in excess of the former then the above obligations shall be void and of no
effect, otherwise to remain in full force and effect.
C. This bond is given to comply with Section 255.05 Florida Statutes, and any action
instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05 (2), Florida Statutes.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
Wlder their several seals, this ~ day of December , 2008, being hereto affixed
and these presents duly signed by its undersigned representative, pursuant to authority of is
governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation., Secretary only will attest and affix seal).
PRINCIPAL:
GlobeTec Construction, LLC
Name of Firm
WITNESS:
-tiu..II",A/'v ~
~~k 5wve,fa~J- ~~
Si~eof ~ (affixed seal)
( -
Title p cre~ ~ rJ eA-'\ i:
4774 N Power line Rd.
Business Address
Deerfield Beach, FL 33073
City and State
BIB - 2
" I
SURETY:
Travelers Casualty and Surety
Company of America
Corporate Surety
WITNESS:
'/b~('k<u1A A~Qs1(
Charles J. Nielson
8000 Governors Square Blvd., Ste 101
Business Address
Miami Lakes. FL 33016
City and State
Nielson, Alter & Associates
Name ofI-ocal Insurance Age?-~y
BIB - 3
Rev. 10-21-05
I WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT TYE RED BORDER
..... POWER OF ATTORNE'i
TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company S1. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Ine. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of Amenc"
St. Paul Fire and Marine Insurance Company 1 inited States Fidelity and Guaranty' Compam
Attorney-In Fact No. 219740 Certificate No. 0 0 2 4 813 4 0
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the law, ,1 the State 01 Ne\\ Y"rk ':oat St. Pau
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organIZed UllLler the I"",
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company -\illeneJ :l!-'
corporations duly organized under the laws of the State of Connecticut. that Umted States Fidelity and Guaranty Company" a corporation dul\' urg'1I11/,'C under U'"
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of tbe State of Iowa, and llldl Fluelity anu
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of tbe State of Wisconsin (herem collecl1\'el) calied tbe "Compamc" and Ih,'
the Companies do hereby make, constitute and appoint .
Charles D. Nielson, Charles J, Nielson, Mary C, Aceves, Warren M. Alter, David R. Hoover, Gicelle Pajon, Olga Iglesias, and Gloria McClurr;
of the City of Miami Lakes , State of Florida , their true and lawful AttorneYI' Hn Fe,c' I
each in their separate capacity if more than one is named above, to sign, execute. seal and acknowledge any and all bonds, recognizances. conditional undertakll1gs ~1I1(1
other writings obligatory in the nature thereof on behalf of the Companies in tb~il>bus.iness ~guaranteeing the fidelity of persons, guaranteeing the pe;'Tl1rmance ,':
contracts and executlng or guaranteeing bonds and undertakings required or p~~~a':-jn aro ,ons Oi:'1i)ceedings allowed by law I
:'(<0<':" 'i:' /\\.. "\ ,"'. .
"'}\,,,' ~ -;,;.~' ). ,:.. ~~ OJ, _'"
'il...._ _ ~:"~~,~~~ ~,. \. _ "_,:. ~<;;,)
, . . " '~"-',. ",S:, ..~,~" 11th i
IN WITNFM~,%'~REOF, the Comp~~1ave caused tl1lS m:tr~to,be~~~ne\)j~\\;\~rflorate seals to be heretu affixed, thI> __,,__
day of " ."~,, . '''''~'\:, , ..... ~ I
'I
. ~ ~",\~>.' .''1 - ".......'*',,: #
. ('''t' '/. "">,,,~ ,.";~' ". . ,
Farmmgton Casualty C;Sf\.lY r~\~'" ." "\t,\Y St. Paul Guardian Insurance Company i
Fidelity and GuarantY\!h r~<\,~ pa;f(~J '" St. Paul Mercury Insurance Company t
Fidelity and Guaranty InsuN 'e Underw, ers, Ine. Travelers Casualty and Surety Company Ii
Seaboard Surety Company Travelers Casualty and Surety Company of /\merica g
,
St. Paul Fire and Marine Insurance Company lJnited States Fidelity and Guaranty Compall\ I
~ r-~~ !:f::::;~~\
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'f,~;'- ,".' :; \ -t,\SE: ilL /",; :z; -...- :n;
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J'II",,,,,,,",,, '-.., s.. J,,~.r~ ~S""'~""...~/
.,,,,..---- ........~
State of Connecticut By:
City of Hartford ss, ice Presidcl1'
11th March 2008
On this the day of , before me personally appeared George W. Thompson. wbo acknm"iedged hlm,ei
to be the Senior Vlce l:'resldent of ~arrnington Casuaity Company. FidelilY aud Guaranty Insurance Company, Fidelity and GIJ~lranty' lnsurance L;H,!erwritcrs.
Seaboard Surety Company, St Paul Fire and Marine Insurance Company. SL Paul Guardian Insurance Company, St. Paul Mercury lnsuranc~ L'nlllflany, Travel:':,
Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he .is such, hem:,
authorized so to do. executed the foregoing instrument for the purposes therein contained by Signing on behalf of the corporations oy himself as a dul\' diltilonzen "Ii
In Witness Whereof, I hereunto set my hand and official seaL ,__ ____,,\f\a.W ~, j~
My Commission expires the 30th day of June, 2011 "- Marie r Tetreault. NOlaf\' Pu;'!,
.'
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,
CERTIFICATE AS TO CORPORATE PRINCIPAL
I,~Ka~ /)f\nY\ I ~ 0 , certifY that I am ~ltary of the Corporation named
.
as Principal in the within bond; that Prv.t-cJvt ~O ~~C\WhO signed the said Bid Bond
on behalf of the Principal, was then ~ of said Corporation; that I know his
signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by authority of its governing
~ .Secre ~,
STATE OF FLORIDA )
, .
COUNTY OF PALM BEACH )
Before me, a Notary Public duly cormi:1i.ssioned, qualified and acting, personally-appeared
Charles J. 'Nielson to me well known, who being by me first duly sworn upon oath, says
Travelers Casualty and Surety
that he is the Attorney-in-Fact, for the Company of America and that he has been
authorized by them, to execute the foregoing bond on behalf of the
Contractor named therein in favor for the Owner, the City of Boynton Beach.
~~ /JL~ ?/~OO?
~~ .~ Notary Public State of Florida
i'~ Mary C Aceves
; , ",'; My Commission 0080848:2
~1- r-o~ Expires 08/05/2012
0'
BIB - 4
Rev. 10-21-05
WARNING: THIS POWER OF ATTORNEY is INVALID WiTHOUT THE RED BORDER
This Power of Attorney is granted under and by the authonty of the following reSO!UllOns adopted by the Boards of Dtrecrors of F:mmngton \,:asualty Cumpas" hdcI1t
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, 111C" Seaboard Surety Company. SI Paul Fire and !\Iarine InsUtdl1v" 'Jmpan\
SL Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelecs C aSllalt\ and Su,e', " 'rnpan "
America, and United States Fidelity and Guaranty Company, which resolml"", are nn'}, in full force and effect readin~ a, follo'}"
~
RESOLVED, that the Chairman, the President, any Vice Chairman. an) execulJve Vice President. any Senior Vlee President any Vice President, an:. 't:'me \he I
President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any ASSIstant Secretary may appoint Attorneys-m-Fact :nci Agen;s to act Tor ane! un hehal f :
uf the Company and may give such appomtee such authonty as hlS or her certIficate of authonty may prescnbe to sIgn wJth the Company 5 name anc ,,", ,vJth the i
Company s seal bonds, recogmzances, contracts of indemnity. and other "THings obligatory in the nature of a bond, recognizance, or condltJonal undertaktii':. cmd ,\r! I
of said officers or the Board of Dlfectors at any time may remove any such appointee and revoke the power given him ur her: and 11 i !
FURTHER RESOLVED. that the Chairman, the President, any Vice Chairman. any Executj,'e Vice President, any Senior Vice President or any VIce PreSident rna:. I
delegate alJ or any part of the foregoing authority to one or more officers or employees of this Company. provided that each such delegation is in wnting end a l'<'P\ ,
thereof is filed in the office of the Secretary; and it is !
I
i:
FURTHER RESOLVED, that any bond, recognizance, contract of indemmty, or writing obligatory III the nature of a bond. recognizance, or conditional undertaking I
shaH be valid and binding upon the Company when (a) signed by the President, any Vice Chairman. any Executive Vice President, any Senior Vice Presidenlor any Vie!' I
PreSIdent, any Second Vice PreSIdent, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed WIth the I
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power i
prescribed in his or her cenificate or their certificates of authority or bv one or more Compam officers pursuant to a written delegation of authontv. and 11 I' 1
j
FURTHER RESOLVED, that the signature of each of the following offIcers: President, any Executive Vice President, any Senior Vice President, any VIce President. I
any ASSIstant Vlce PreSident, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsmule to any power of attorney or to an) certificate ,I
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds ane
undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St Paul Mercury Insurance
Company. Travelers Casualty and Surety Company, Travelers Casualty and sure~~pany,~meriC~~d United States Fidelity and Guaranty Company do here'
certify that the above and foregoing is a true and correct copy of the Powe:~,\l:i:OhieJ-IJe&uldb)l'!)s~i:6mpanies, which is in full force and effect and has not be
revoked. '~l:_\ ~ ~, ~OII.)' ,,\~' '~,l:...,\. .
,,~""'I;~"- ~, k \. "
8th day of._ December ,__, 20 DB
Kori M, Johans
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~/.fiPO '..;)'" ..t,; ~,~.~.....,f"-9 .~~'i"""""'?~;"
Q8~ INCIlIPOIIA ~'." -'- T~ ~";t~"'O';~;"~ I!/"~'ORA~"-S:'\
~ 19n TED , . ~ ifff - il;i l~!e. ___ l'1oi
~,g 1951 . --\SEALj{iJ \;\SEAL/IjO
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To verify the authenticity of this Power of Attorney, call ]-800-42]-3880 or contact us at www,travelersbond.com Please refer tn the Anomey-ln-Factl1umbeL the I
above-named individuals and the details of the bond to which the power is attached i
,
STATEMENT OF BIDDER'S QUALIFICATIONS
Each Contractor bidding on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each bid document. Failure to comply with this
instruction may be regarded as justification for rejecting the Contractor's proposal.
* attach additional sheets giving the information
1. Name of Bidder: GlobeTec Construction, LLC
2. Business Address: 4774 North powerline Road
Deerfield Beach, Florida 33073
3. When Organized: November 2003
4. Where Incorporated: November 2003
5. How many years have you been engaged in the contracting business under the present
firm name? Since inception
6. General character of work performed by your company. See Attachment A
Water and Wastewater Treatment and Distribution Contractor
specializing in underground construction, mechanical construction,
site work construction and design-build construction.
7. Enclose evidence of possession of required licenses and/or business permits. See Attachment B
8 Number of Employees: 170
9. Background and experience of principal members of your personnel, including officers. *
See Attachment C
10. Bonding capacity. In excess of $100 Million
11. Have you ever defaulted on a contract? If so, where and why?* Never defaulted.
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ ~ 1
STATEMENT OF BIDDER'S QUALIFICATIONS continued......
12. Experience in performance:
Project $ Value Contract Name Phone #
See Attachment D
-~-
13. Contracts on hand. * See Attachment E
14. Largest completed projects (include final cost).
1) Lake Region Transmission Main - $14.8M (see Attachment Dj
2) Little Venice Advanced WWTP - $11.0M (see Attachment D)
3) Melrose Manors Basin B - $5.8M (see Attachment D)
->-.
15. List all lawsuits (design and/or construction related) or arbitrations to which you
have been a part and which:* No lawsuits
1) Arose from construction projects:* None
2) Occurred within the last 4 years:* None
3) Provide case number and style:* None
Dated at:
This 1'7 n-- Day of Dt-~ 20 O~
By; /~)
(vvritten signa~
Name: Antonio Assenza
(printed or typed)
Title President
__~e
Rev. 05130/03 TIllS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
C'Of"\ ")
, BIDDER'S SITE INSPECTION CONFIRMATION
i
BID TITLE: ROLLING GREEN STORMWATERAND WATER MAIN
IMPROVEMENT PROJECT
BID NUMBER: o 18-2821-09/JA DATE: '])Q~'~ II / '}..vu ~
{3 r / ct II\. \IV' tJ.. t ~_ ~ r as an authorized representative of:
(print Name an TItle of Representative)
\
G~kLkc Cc\IL~1YvC~ (hereinafter called the bidder) located at
(Print Name of Company)
~ ~ ~ g3o'1~
4/'14 ~, (bwex l \t'VL . ( . AJ ('Pt, confirms that said
Company Address .'
bidder has visited the site ofllie work and has carefully examined the plans and specifications for
.; said proj ect and checked them in detail before submitting his bid or proposal.
~#~- I 2- ! [-) 2/f} JJ
SIGNATURE OF COMPANY DATE OF INSPECTION
REPRESENTATIVE NAMED ABOVE
. ~---/~-1
OWNER' P F.~MT y;e:
SIGNA FORMANDATORYO.raV
~.
;
TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
BSI - I
Utilities Depa.:rtrnent Revised 04/04/08
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
r
State of -R 01', cJ' '" )
County of '"E:, ~ vYo nA )
, being first duly sworn, deposes and says that:
1) Heis]>('eS'td~ of blokX'ec Gnyh-vGh~~ ,
(Title) (Name of Corporation or Firm)
the bidder that has submitted the attached bid:
2) He is fully infonned respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4) Further, the said bidder nor any of its officers, partners, ovmers, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference with
any other bidder, firm or person to fix the price or prices in the attached bid or of any other
bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any
other bidder, or to secure through an~ collusion, conspiracy, connivance or unlawful agreement
any advantage against the ~D PJO'1t1.~ ~i{V1A.. (Local Public Agency) or any
person interested in the proposed onttaet; and
5) The price or prices quoted in the attached bid axe fair and proper and are not tainted by any
collusion, conspiracy, cormivance or unlavvful agreement on the part of the bidder or any of its
agents, representatives, ovmers, employees, or parties in interest, including this affiant.
\(CVv"'^- ~ ~ (Sign~~~~
(TItle) V~ \.~
Subscribed and sworn to before me
This \/ day of D-e-c ~~/ .20U-
My commission expires NOTARY PUBLIC-STATE OF FY>RlDA
",.. .... Ken ell MOIl1co
{_'~Commission #DD729168
.\ i Expires: OCT. 25, 2011
"1,"\", ING co INe
BONDED <:'HRU ATLANTIC BOND <, <
THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
"1 ANTI-KICKBACK AFFIDAVIT
;
STATE OF FLORIDA )
: S8
COUNTY OF PALM BEACH )
I) the undersigned hereby duly swom~ 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 finn or by an officer of the corporation.
~~
_ ME~IGNATURE
Sworn and subscribed before me
this -1/ day of j).e ~'/1/vk<41 ) 200 V
\ Printed Information:
1 ~{)
~~z:,.
NAME
{> (e. ~'-~ t-
. TITLE
G(ro~Te.-c ~\YV~
COMP ;\.Ny
NOTARY PUBUC-STATE OF ~R1DA
........."" Karen MOniCO
f.} Co~mission # DD729168
~" .,~ ExpJIes: OCT. 25,2011
,.,".... BONDING CO INe.
Lc.,lDJW THRU ATLANTIC 'J
"OFFICIAL NOTARY SEAL" STAMP
\
~
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED CO:MPLETE AND ACCEPTABLE
AKA - 1
CONFIRMATION OF MINORITY OWNED BUSINESS
This requested form to be made a part of our files for future use and infonnation. 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? j.'
Yes No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERlCAN mDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
i ( ) OTHER
!
(specify)
( ) NOT APPUCABLE
,
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
CONFIRMATION OF DRUG-FREE WORKPLACE
)
IDENTICAL TIE BIDS
Preference shall be given to businesses with drug-free workplace programs. Whenever tvvo 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
servicesJ 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 counselingJ 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).
i
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
5 days after such conviction.
5) Impose a sanction o~ 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.
~-)
/ Yen s S' ~
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THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
DFW - 1
TRENCH SAFETY ACT
, AFFIDA V1T
On October 1, 1990, House Bill 3183, knOVffi as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Proposer, by virtue of his signature below, mums that he is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shan be legally binding on all
persons employed by the Contractor and his subcontractors.
The proposer is also obligated to identify his anticipated method and cost of compliance with the
applicable trench safety standards.
PROPOSER ACKNO\VLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPL YIN'G \VITH THE
FLORIDA TRENCH SAFETY ACT (90-96 LA WS OF FLORIDA). THESE ITEMS ARE A
BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT
BE PAID SEP ARATEL Y. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE
SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE*
THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SrGN
AND SUBMIT IT \VITH THEIR BID DOCU!vfENTS.
~l~kc ~t1vv~~
Name of Proposer
;/~;?"'-~ .
Au~zed~CP~ r
*COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS
UNDER THE FOLLOWING HEADINGS:
Description Unit Quantity Unit Price Extended Price Metho
e,or-/ :; ol.-e f.....-S ( ,. ~ e?Oc..) ;:;- baY- ~:;; D'C<'
/ ,/
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
1 SAFETY PROGRAM COMPLIANCE
Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference
shall be given to contractors with an established safety program following a.S.H.A. guidelinesJ
and documented results establishing a safe working environment.
1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the
Contract (attach to the back of this form).
2. The City reserves the right to conduct periodic safety inspections of the contractor,
subcontractor, employees, agents, etc. throughout the duration of the Contract.
3. The City reserves the right to terminate the Contract where it is determined that the contractor
or subcontractor is in non-compliance of the safety terms, regulations or requirements
established by a.S.H.A. or the State.
. .
As the person authorized to sign the statement, I certify that this firm complies fully with
". the above requirements.
;,
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/UTH~ ATURE
'1
.1
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSALlN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SPC - 1
......,....:.--' '.. ..~"r.
~._."" SCHEDULE OF SUBCO.NTRACTINGI.MINORITY BUSINESS ENTERPRISE (MllElWBE) PARTICIPATION
.IDDERS ARE TO SlJBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS
ROJECT FOR ANY REASON.
aD TITLE: ROLLING GREEN STORMW A TER AND WATER MAIN IMPROVEMENT PROJECT
lID: #018~2821-09/ JA
-...-.....------.------ ~- --~~~~---
MINOlUTY
NAlvIE/ADDRESS/ PHONE OF TYPE OF WORK STATUS TYPE CERTIFIED DOLLAR %01'
SUBCONTRACTOR TOBE 4 4 *(see key 4 4 AMOUNT TOTAL
PERFORMED Yes No above) Yes No
BCtv>~~~r--C:;:;M .;t~V\ j-, ~-.- .....-- ._---_.~--- _.. ,.,~..._--~.... ..- ~ - ---- ..-.,- ...~._.~-
Asp ~t:1 1-\ / -/
IOf S - '^ s 10 v t?t[ L-ch.Jt 7' LfOO/OOO- f/ X
,..uPp,,/ FL ~ .~u i/
% I) 793-- 9 L-{ W .. ~-"_. ~ -~~~ I
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_._..._._..,~".~.". .. -_'_,--. ,"'''--~~
THIS PAGE TO BE SUBMITTED ALONG WITH PROI'OSAL LN ORDER
FOn lllD PACKAGE TO DE CONSIDERED COMPLETE AND ACCIWTAULE
SSCflvlBE-l
<3
G lobeTec
CONSTRUCTION
Attachment A
General Character of Work Performed
BID # 018-2821-09/JA
The City of Boynton Beach Utilities Department
December 18, 2008
---------- ~.._--
4774 North Powerline Rood · Deerfield Beoch, FL 33073 · (954) 590-3305 · (954) 590-3307 Fax · wwwglobetecconstructioncom
- .-.....-
~
GlobeTec
- 0 N : T rl I;' (1 n f1
GlobeTec Construction has performed the following types of contracting since its
inception and offers a combined management experience of greater than sixty years in
each - attached as evidence of that experience is a summary of projects performed.
Underground Construction
. Water Transmission Mains up to 1 08" in diameter
. Gravity, Low Pressure and Vacuum Sewer Mains
. Re-Use Transmission Lines
. Directional, Jack & Bore and Micro-tunnel Trenchless Installs
. Storm Drainage Systems
Mechanical Construction
. Sewer Treatment Plants
. Water Treatment Plants
. Desalination Water Supply Plants
. Storm Sewer Pump Stations
. Potable Water Pump Stations
. Sewer Lift Stations
. Vacuum Pump Stations
Site Work Construction
. Mass Earth Movement Construction
. Blasting and Excavating of Drainage Canals
. Developing Site and Roadwork
. Waste Landfill Construction
Design-Build Services
. Complete Design and Construct Services for Storm, Water and Sewer Treatment
and Distribution Systems
Emergency Recovery Services
. Vegetative, Construction & Demolition Debris Removal
. Storm Debris Reduction
. Environmental Clean-up
. Recovery Management
. Levee and Canal Erosion Repair
4774 IJO'th Pow8rlrne Pn'ld . Dee!fI8k:i be'J:r F!i ,(i .'C, . 'l"-: 1 -,';IC-: ' . ":,,e' :':::C,)(, :~, .
($
G lobeTec
CONSTRUCTION
Attachment B
Copies of all Required Licensure
Certification from Secretary of State
Surety Company Letter
BID # 018-2821-09/JA
The City of Boynton Beach Utilities Department
December 18, 2008
~~ -- -~
4774 North Powerline Road · Deerfield Beach, Fl 33073 · 1954) 590-3305 · (954) 590-3307 Fax · wwwglobetecconstructioncom
&,c# 3~5'S3;~5 --.--,.-.-.."..,.--,-.". -,-"-,--_.,~-
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State of Florida
Department of State
I certify from the records of this office that GLOBETEC
CONSTRUCTION, LLC is a limited liability company organized under
the laws of the State of Florida, filed on September 3, 2003.
The document number of this limited liability company IS
L03000033243.
I further certify that said limited liability company has paid all fees due
this office through December 31, 2008, that its most recent annual report
was filed on February 6, 2008, and its status is active.
I further certify that said limited liability company has not filed Articles
of Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the
Seventh day of February, 2008
G)M--a
Secretary of State III
Authentication ID: 300117550523-020708-L03000033243
To authenticate this certificate,visit the following site, enter this I
ID, and then follow the instructions displayed.
www.sunbiz.org/auth.html i
NIELSON, ALTER & ASSOCIATES NCI
NIELSON !l: COMPANY, INC.
THERE IS A DIFFERENCE...
September 29,2008
RE: Principal: GlobeTec Construction, LLC
To Whom It May Concern:
Please be advised that we are the bonding agents for GlobeTec Construction, LLC.
They are currently bonded by an AM. Best's A+:XV rated carrier, with a United
States Treasury listing of $129,065,00.
We provided Bid, Performance and Payment bonds for GlobeTec Construction,
LLC, and they have a an aggregate program in excess of $100,000,000.
We would not anticipate any difficulty in providing the necessary performance and
payment bonds for our principal; however. it must be understood that our ability
to provide any surety credit is based upon normal and standard underwriting
criteria at the time of their request. This would include, but not limited to, a
review of the contract documents. bond forms and appropriate construction
funding, if applicable.
This letter is not an assumption of liability, nor is it a bid or performance and
payment bond. It is issued only as a bonding reference requested by our client.
Please do not hesitate to contact this office if you have any questions.
Very truly yours,
~1:?n~Sldent
jmca
'''! .
PROVIDING BONDS FOR THE CONSTRUCTION INDUSTRY
8000 GOVERNORS SQUARE BLVD. . SUITE 101 . MIAMI LAKES, FL 33016' DADE: 1800-557-2663 (BOND)
PHONE: (305) 722-2663 (BOND) . FAX: (305) 558-9650
- ~____..___ __ 0- __________.______,_~.._~__ ..______~_,__
AGOROT>' CERTIFICATE OF LIABILITY LN~_Y_I3.~~CE __. i~)li200~ _ c:~~r.~~.~l:J~~i:;
-. -
'RODUCER LOCK-ON' COMPANIES lie 1 KANS"'" r'~y THIS CERTIFICATE IS ISSUED AS A MAHER OF INFORMATION
: . ~- " ,"0 vi, ONl Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
444 W. 47th Street. SUite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Kansas City Mo 64112.1906 . ALTER THE COVERAGE AFFORDED BY THE POLlCIES.BELOW,
1816)960-9000
INSURERS AFFORDING COVERAGE
NSURED GLOBETEC CONSTRUCT/ON. LLC .'NSURER A :\CE i\!VUcRICA!'\ Il"SURANCE CO\IP A ,,'I'
081284 ATTN. KAREN MONICO .INS\JRE.R_.Bc;6 TL U-iIO'i FIRE OF f'A
4774 NORTH POWERlINE RD ,INSl!R!;R.C INDEi\INJTY I'-.'S CO OF N. .-\\-IERJC,\
DEERFIELD BEACH FL 33073 ! INSURER D
________._ ._._..__.._._. ________ _ i/NSURERE _..... __ ..
, , THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
;OVERAGES MASTEC 0 I SE INSURERI51. AUTHORIZED REPRESENTA TlVE OR PROQl.!gB ANQ THE CERTIFICATE HOLDER,
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ISR i I POLICY EFFECTIVE i POuCY'ExPIAATION--- -~--
TR! TYPE OF INSURANCE POUCYNUMBER OATEIMMlOD1YYl ' DATEIMMlODIYYI __'''__ .__..U~/TS_____ _..._.
~~ERAL LIABILITY EACH OCC1JBRENCE 2,000,000
A. i-)( ,C()MMERClAl GENE~L LIABILITY I HDOC;21722443 12(,12007 12/31/2008 .FIREJ?AM6Gf.lAnLOf"'..fireL ..~ 500,000
CLAIMS MADE; X J OCCUR I ,M~DExr'lllr.'Y"".e""r~J. _ 25JlOU
__ ___._____ PERSONA.h.&"Q'I'.toJ,JuFl.Y 2",().()OJLOO..
~ _ u~______'__'_'_' .QE.~ER,,!-AG.9REGAT, .. IO,()()O,Q{JO.
, GEN'L AGGREGATE LIMIT APPLIES PER! PRODUCTS.. COMPIOP AGG 0 ~,f)OO.OOO
, ,_ -, ...._._........... n...__' '.
POLICY I ; flBf ! LDC i
AUTOMOBILE LIABILITY ! ..-----.~~- .-.---- .. ..
-"- COMBINED SINGL~ L IMI , ; OliO lion
,\ ,....X ,ANYAUTO ISAlI08237396 12/31/2007 12'31/2008 IEaacodenl)
, ALL OWNED AUTOS aODtl Y INJURY :\ X A ^ .\ \ .\
SCHEDULED "UTOS {Per oe<sonl
i:~ HIRED AUTOS 300'1. Y 'NJUR" . . " '. " '.
X NON.OVvNEO AUTOS IPe< awoenl) ".\.\ ,'.', ,
;pR..O~.;,.RJe~(fAMAGE :\ X X X \ .\ \
~~~---~- _.""-'--~.'---'------~ --_.,,--~-_..._--_.
GARAGE LIABILITY AUT(jO~L~.:. Ef. A(Q[JENT l.'.. . ;X:XXXX,\,\
, ANY AUTO NOT APPLICABLE on'ER THAN EA.;\t::~..~.'__.XX~XXx.X
.___,__.~___~ _____~ AUTO.ON~___.__..AGG~.x1XXXX___.
EXCESS LIABILITY EACH OCCURRENCE 5.000.000
- ~ ' . - " ' , ' .-.-.- .-- _.-
I X i OCCUR CLAIMS MADE I BE 72.'>1)05 12.'112007 12/.,1;2008 ~GGREGATE 5.UOO,ilUO
. .. - I . ----- -- ... .. ... ,,--
XXXXXXX
WUMBRELLA -. ;--':"v'~--,
.~ DEDUCTIBl.E FORM " X:';X X 'ex.:;;
i RETENTION $ $ XXXX.\X.\
, I . VVC STATU. . OTf-'-~"-'--'-'-"""""
-\ ,WORKERS COMPENSATION AND WLRC439&339& ! 2/31 /2007 12/31/2008 .x...ro.RY..UMlI.S__ ...ER..._
, EMPLOYERS' LIABILITY , . _, ,
\ SCFC43983441 (\\1) 12/3li2001 1 2::3 1 !2008 EL EACr<-,~C;CI[)~:;' l,Oil\J,()()()
WLRC4447136A (CtV AI) 12/31/2007 1213 I ::~008 E L. QlS!",SE: E"J=.~l'LOYEE:..>.._ UJOj),OO(}
__ .__ __.. __ E l DISEASE. POLICY ~~'-'-_._s..__. I, Qq~!!IJ.(J
OTHER
--.~_._.~-----_. ',_,"-"""--~~---'---~.'_.---- -..-----
,ESCRIPTlON OF OPERATIONS/LOCATIONSIVEHICLESlEXCLUSIOillS ADDED BY ENOORSEMENT'SPECIAL PROVISIONS
~~-_.,-_.._-~-~--~._.__.- ..-------- _._-.--"-
:ERTIFICATE HOLDER ! ADDITlOillALlNSURED; INSURER LETTER: _ CANCELLATION.___. _____._
3011818 ! SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRA TION
FOR INFORMA TION ONLY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOnCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS DR
REPRESENTATIVES.
G;.UTHORlZED REPRESENTATIVE
~CO RO 25-5 (7/97) For ql.les"on.. "'9il1rdm'il U1i, c::er1i'fIl:<1'.,It;Ont,a.-=t the numb4l'r Ilst.G in lI1e 'ProdUce-r' 5~tion aboy, and '1pec-fty ttu' client cooe 'MASTEC01'
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM 8.2.
AGENDA ITEM REQUEST FOfun
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 December 16, 2008 December I, 2008 (Noon) o February 17, 2009 February 2,2009 (Noon)
o January 6. 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
~ February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to award RFQ for "THREE YEAR CONTRACT FOR MEDICAL DIRECTOR TO
OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY THE FIRE RESCUE EMTS,
PARAMEDICS & LIFEGUARDS", RFQ# 020-2210-09/JA, to Dr. Kenneth Scheppke, M.D., of Tequesta, Florida, in
the amount of $26,568.00 annually, which includes the allowance of $70.00 phone stipend allowance.
EXPLANATION: On January 14, 2009, the Procurement Services received and opened one RFQ. The sole
respondent, Dr. Scheppke, has been our Fire Rescue Department's Medical Director for the past five (5) years and
Michael Landress, EMS Coordinator has been pleased with his professionalism. The total annual contract amount is
for $26,568.00 ($2,214.00 x12 = $26,568.00).
CONTRACT PERIOD: FEBRUARY 03, 2009 to FEBRUARY 02, 2012
PROGRAM IMP ACT: The Medical Director will oversee the emergency medical services as provided by Fire Rescue,
Paramedics, and Lifeguards, as well as other departmental administrative functions. The Medical Director will be an
independent contractor supervising and accepting responsibility for the medical performance of Emergency Medical
Technicians (EMTs), Paramedics and first responders, and Lifeguards functioning in the Fire and Emergency
Medical Services Department and the Recreation and Parks Department complying with the provisions of Florida
Statutes.
The provisions of this bid award will allow for two (2) additional one (1) year extensions 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.
FISCAL IMP ACT: ACCOUNT NUMBER: BUDGETED AMOUNT:
OTHER CONTRACTURAL SERVICES $26,568.00
#001-2210-522-34-51
ALTERNATIVES: There are no alternatives, as this is state mandated.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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. .' . r~ J" AJ~'"
J' ,. 1:...,,/ /' """"""".
City Manager's Signature
~ ~111U
Procurement Services
S:\BULLETIN\FORMS\MjENDA ITEM REQUEST FORM.DOC
II
1 RESOLUTION NO. R09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE AWARD OF
5 RFQ #020-2210-09/JA FOR A "THREE YEAR
6 CONTRACT FOR MEDICAL DIRECTOR TO
7 OVERSEE THE EMERGENCY MEDICAL
8 SERVICES AS PROVIDED BY FIRE RESCUE/EMTS,
9 PARAMEDICS AND LIFEGUARDS TO DR.
10 KENNETH SCHEPPKE, M.D.; AND PROVIDING AN
11 EFFECTIVE DATE
12
13 WHEREAS, on January 14,2009, Procurement Services received and opened one
14 (1) RFQ, The sole applicant, Dr. Scheppke, has been our Fire Rescue Department's
15 Medical Director for the past five years and it is the recommendation of staff that the RFQ
16 be awarded to Kenneth A. Scheppke, M.D.; and
17 WHEREAS, the City Commission, upon recommendation of staff, deems it to be
18 in the best interests of the citizens and residents of the City of Boynton Beach to award
19 this RFQ (#020-2210-09/JA), to Kenneth A. Scheppke, M.D., providing for overseeing the
20 Emergency Medical Services as provided by Fire Rescue/EMTS, Paramedics and
21 Lifeguards, and to enter into an agreement between the City of Boynton Beach and
22 Kenneth A. Scheppke, M.D., in the amount of $26,568.00, a copy of which is attached
23 hereto.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 ereof.
29 Section 2. The City Commission of the City of Boynton Beach, Florida, upon
:\CA\RESO\Agreements\Bid Awards\RFQ - Medical Director (2009).doc
1 recommendation of statI. hereby approves the award or RFQ (#0:20-2210-()9'JAI. and II
,
I
2 II enter into an agreement between the City of Boynton Beach and Kenneth A. Scheppkl'.
II
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3 I M.D.. in the amount of $26.568.00~ authorizing the City Manager to execute a contract. d
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4 I copy of which is attached hereto.
5 I Section 3. That this Resolution shall become efJective immediateh.
1
6 I PASSED AND ADOPTED THIS day of February. 2009.
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7 I
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8 CITY OF BOYNTON BEACH, FLORIDA
9 I
10
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11 Mayor - Jerry Taylor
12
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14 Vice Mayor - Jose Rodriguez
15 II
16
17 Commissioner - Ronald Weiland
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19
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20 Commissioner - Woodrow L. Hay
21 I
22 I
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23 I Commissioner - Marlene Ross
24 I ATTEST:
25
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26 I
27 I
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28 / Janet M. Prainito. CMC
29 / City Clerk
30 I
31 I
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32 I
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33 I
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!S:\CA\RESO\AgreementS\Bid Awards\RFQ - Medical Director (2009) doc
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i
t**** SOLE RESPONDENT WHO MEETS ALL REQUIREMENTS***** WjC:>;?=~
L~.~k~
MICHAEL LANDRESS, EMS COORDINATOR
RFQ: THREE YEAR CONTRACT FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES
AS PROVIDED BY EMS, FIRE RESCUE, EMTS, PARAMEDICS AND LIFEGUARDS
"Offers from the vendors listed herein are the only offers
RFQ: DUE DATE: JANUARY 14, 2009 received timely as of the above receiving date and time.
RFQ: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation.
RFQ # 020-2210-09/JA if any, are hereby rejected as late"
VENDORS KENNETH A SCHEPPKE, MD PA
4480 RIVER PINES CT.
TEQUEST A, FL 33469
PH:(561) 436-2291
FAX:(561) 741-1002
CONTACT: KENNETH A SCHEPPKE
COPIES OF LICENSES AND
CERTIFICATIONS SUBMITTED YES
DOCUMENTATION OF PRIVILEGES AND
AFFILIATIONS SUBMITTED YES
SIGNED ACKNOWLEDGEMENT OF
REQUEST FOR QUALIFICATIONS YES
ORIGINAL AND FIVE (5) COPIES
SUBMITTED YES
ANTI-KICKBACK AFFIDAVIT
FORM SUBMITTED YES
NON-COLLUSION AFFIDAVIT
SUBMITTED YES
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A
MINORITY OWNED BUSINESS
DRUG FREE WORKPLACE SUBMITTED
YES
COMMENTS:
RFQ: MEDICAL DIRECTOR 2009
BBFRD EMS DIVISION MEMORANDUM 09-0001
TO: CAROL DOPPLER
FROM: MlCHAEL LANDlmSS, EMS C< )C)RIDNi\TOR
" . ,. ~f
SUBJECT: MEDICAL DIRECTOR -. R}'Q NO. 020-2210-09/1/\ . ~~: '".' /'
DATE: 1/16/2009 p
\ '. .
CC: WILLIAM L BINGHAM, FIRE CIIIEfo "
".
ON JANUARY 14TH THE SEALED RFQ FOR FIRE RESCUE EMERGENCY MEDICAL SERVICES
MEDICAL DIRECTOR WAS OPENED. UPON REVIEW OF THE APPLICATION BY STAFF IT IS OUR
RECOMMENDATION THAT DR. KENNETH SCHEPPKE BE OFFERED THE MEDICAL DIRECTOR'S
CONTRACT AS PRESENTED IN THE RFQ.
FUNDING FOR THIS POSTION WAS APPROVED BY COMMISSION THIS PAST SEPTEMBER
(ACCOUNT NO. 001-2210-522-34-51) IN THE AMOUNT OF $2144jMONTH PLUS A $70 PHONE STIPEND
ALLOWANCE.
YOUR ASSISTANCE IN THIS MATTER IS GREATLY APPRECIATED
UJ~ ;--'------~2G <c::=:
MICHAEL LANDRESS
EMERGENCY MEDICAL SERVICE DIRECTOR
CONTRACT
THIS CONTRACT, entered into this 3rd day of Februarv. 2009, between the City of
Boynton Beach, a political subdivision of the State of Florida, hereinafter referred to as the
"CITY", and Dr. Kenneth Scheppke. M.D, a MEDICAL DIRECTOR, authorized to do
business in the State of Florida, hereinafter referred to as the "MEDICAL DIRECTOR" for
Emergency Medical Services is entered into subject to the following terms and conditions.
The City Of Boynton Beach and Dr. Kenneth Scheppke. M.D. hereby agree that the
terms of this Contract provide an outline of the working relationships and responsibilities of the
CITY and the MEDICAL for the City's Emergency Medical Services Program (EMS), which is
part of the CITY'S Municipal Fire Department. The items in this Contract in the following
Sections are aimed at identifying the MEDICAL DIRECTOR'S general relationship with the
CITY, his responsibility for supervising the direct medical related activities of the EMS
Program, and the MEDICAL DIRECTOR'S responsibility for local training and certification of
the Paramedics. The Contract further supports the principle that the MEDICAL DIRECTOR
will receive support from the Fire Department Administration and will direct his requests for
equipment and equipment assignments; manpower and manpower assignments; and supplies of
the Fire Department Administration and recognizes that assignments to the Paramedic Program
will be made by the Fire Chief in accordance with the overall resources and needs of the Fire
Department.
1. The CITY hereby contracts with the MEDICAL DIRECTOR and the MEDICAL
DIRECTOR accepts this contract as MEDICAL DIRECTOR for the City Of Boynton
Beach Emergency Medical Services Program under the provisions of Section 401.46,
Florida Statutes, and the applicable rules of any governmental agency implementing said
Chapter or other established duties required to be performed by said MEDICAL
DIRECTOR, or upon notice from the CITY that such additional duties have been
established by the Florida Department of Health and Rehabilitative Services. It is
recognized that the MEDICAL DIRECTOR'S contract with the CITY preserves the
MEDICAL DIRECTOR'S right to practice as an independent physician at all times.
2. The MEDICAL DIRECTOR shall accept responsibility for the medical performance of
the Emergency Medical Technicians, Paramedics, Lifeguards and Certified Emergency
Medical Dispatchers employed by the CITY and serving in the Emergency Medical
Services Program of the City Fire Department, herein referred to as EMS. The
MEDICAL DIRECTOR shall be responsible directly to the City Manager. However,
nothing herein shall in any way authorize any limitations or restrictions by the City
Manager on the professional acts or advice of the MEDICAL DIRECTOR.
3. The Fire Chief, through the Department staff and operation procedure, will establish
Department policy for equipment and equipment assignment, and for supply purchase
and use. The MEDICAL DIRECTOR, in conjunction with the Fire Chief, shall establish
dispatch procedures and priorities. The Fire Chief will establish Department policy for
manpower assignment in conjunction with recommendations made by the MEDICAL
DIRECTOR.
C-I
, The MEDICAL DIRECTOR shall perform all serVIces reqUIred pursuant \0 Flond~1
~
Statutes Chapter 401, Section 401.46, Chapter 64E-2, Florida AdmlIlistrallve Cndc'
duties and regulations promulgated by the Florida Department of Health dIlll
Rehabilitative Services; and all present rules and regulations of any govemmental
agencies implementing said Chapter or other established duties required to be perfol1lled
by said MEDICAL DIRECTOR.
5. The MEDICAL DIRECTOR shall serve as the Fire Department's physician for purposes
of advising the Fire Chief on matters pertaining to occupational safety and health.
MEDIC AL DIRECTOR shall serve as the MEDICAL DIRECTOR for the ('it\.'.
Lifeguards, who may be certified as Emergency Medical Technicians.
6. The MEDICAL DIRECTOR agrees to both directly and indirectly supervise and accept
responsibility for the medical performance of Emergency Medical Technicians, Certified
Emergency Medical Dispatchers, and Paramedic functioning for the EMS and shall have
full authority to direct and supervise the medical activities in the field, in training and for
certifications. Such supervision shall be accomplished by, but not limited to:
a. Actual accompaniment of Paramedics and EMT's on rescue calls.
b. Monitoring of radio transmissions to and from hospital emergency departments and
related facilities.
c. Review of incident reports and associated documentation.
d. Conference and/or meeting in both individual and group situations.
e. Review of standard operating procedures and protocols involving multi-agency
responses to medical emergencies.
These duties will be performed by the MEDICAL DIRECTOR at his/her convenience as
often as is necessary to insure that proper medical standards and procedures are being
followed. Cost for supplying necessary in-service instruction material will be assumed
by the CITY and the material will become the property of the CITY. Furthermore. the
EMS Coordinator shall be the MEDICAL DIRECTOR'S agent for purpose of qualit\
assurance pursuant to Florida State Statute.
7. The MEDICAL DIRECTOR shall have the services of the Departmental trammg
program, facility and staff to assist in carrying out training- requirements for the EMS,
MEDICAL DIRECTOR shall participate in daily in-service training scheduled by the
Fire Department.
8. The MEDICAL DIRECTOR shall be eligible as a member as defined under Section IV:
Members of the Agreement between the City of Boynton Beach and Florida as Municipal
Liability Self Insurance Program. Coverage under this Agreement shall be limited to the
scope of duties as MEDICAL DIRECTOR for the City Of Boynton Beach Fire
Department as outlined in Florida Statute, Section 401.46, and Florida Administrative
Code, Chapter 64E-2, as set forth in Exhibit "A" to this Agreement. The MEDIC AI..
DIRECTOR shall provide the Fire Chief with written reports as required by the Fire
Chief regarding efficiency, effectiveness, and general performance of the CIT'!"S
Emergency Medical Services System.
9, The provider shall indemnify and save harmless the MEDICAL DIRECTOR from any
and all liability for acts or omiSSIOns commItted by the MEDICAL DIRECTOR \vhilc
( '- -,
acting in the capacity of MEDICAL DIRECTOR of the Boynton Beach Fire Department,
but said indemnification shall be to the extent only of any amount due and owing from
the MEDICAL DIRECTOR which exceed applicable insurance coverage maintained
either by the MEDICAL DIRECTOR or by the CITY on behalf of the MEDICAL
DIRECTOR.
10. The provider shall indemnify and save harmless the MEDICAL DIRECTOR from any
and all liability incurred as a result of acts or omission of employees of the City Of
Boynton Beach Fire Department.
11. The CITY will pay the MEDICAL DIRECTOR the sum of $26.568.00. with the monthly
rate being ($2.214.00) per month for twelve (12) months, which includes the $70.00
monthly phone stipend allowance, payable at the end of each month for services outlined
in this contract.
12. The CITY will provide portable radio communication for use of the MEDICAL
DIRECTOR.
13. In matters of employee relations and concern, the MEDICAL DIRECTOR, under the
terms of this contract is considered to be a member of the administration and supervisory
division of the Fire Chief as the Fire Chief carries out grievance procedures, discipline,
interviewing paramedics, paramedic school assignments, and umon contract
administrative requirements.
a. T]1e MEDICAL DIRECTOR will be expected to report to the Fire Chief hislher
decisions relating to any employees for the Emergency Medical Services System
such as discipline, de-certification or promotion in which the MEDICAL
DIRECTOR is involved.
b. The MEDICAL DIRECTOR agrees to participate as required at personnel hearing
boards such as grievance procedures of the union contract, etc. as part of his
Department administrative responsibilities of the Department without additional
compensation.
c. The MEDICAL DIRECTOR agrees to participate in the oral interview and skills
test administered to all new firefighter applicants who have a paramedic
certificate prior to their employment. The MEDICAL DIRECTOR retains the
right to prevent the hiring of any such individual for the purpose of employment
as a paramedic if he or she does not perform satisfactorily during the interview
and/or skills test. The content of the skills test will be in accordance with current
standardized criteria set up by the American Heart Association and American
College of Emergency Physicians.
d. The MEDICAL DIRECTOR agrees that anytime a firefighter employed by the
City of Boynton Beach wants to attend paramedic classes for purposes of
becoming a licensed paramedic, they must have written approval by the
MEDICAL DIRECTOR prior to attending and/or enrolling in such classes.
C-3
14. From time to time the MEDICAL DIRECTOR \vill be expected to attend Depat1nll'i'
Administrative staff meetings so that he can give input to the Administrative staff on
needs and status of the EMS Program so that he can become involved and infoTIl1ed di
Departmental Standard Operating Procedures relating to:
a. Response procedures
b. Equipment and personnel allocations
c. Department priorities
d. Departmental procedures for handling emergencies
e. Working with other departments
f. Emergency medical dispatching
u Infectious Disease procedures
::>.
15. Any staffing changes that result in modifying the Department's current EMS response
protocols must be cleared through the MEDICAL DIRECTOR.
16. Either party to this contract may, upon giving thirty (30) days written notice to the other
party, may terminate this contract for any reason whatsoever, and after the effective date
of such notice all parties will be relieved of any further obligations under this contract.
17. The MEDICAL DIRECTOR will assure the continuous availability of at least one
qualified physician as Director who shall serve as ACTING MEDICAL DIRECTOR in
the absence of the MEDICAL DIRECTOR. In addition, the MEDICAL DIRECTOR will
notify the Boynton Beach Fire Rescue Department whenever he/she will be unavailable
for whatever reason, and will attempt to provide twenty- four (24) hour prior notification
of such unavailability except under emergency circumstances. The notification shall be
given to the Office of the Fire Chief, and shall include the name and telephone numbers
of the ACTING MEDICAL DIRECTOR.
18. Upon request, the MEDICAL DIRECTOR will advise the Department on appropriate
procedures to address incidents in which an employee of the Fire Department has been or
may have been exposed to infectious diseases or hazardous materials.
19. The MEDICAL DIRECTOR hereby agrees to perform those duties set forth in Exhibit
"A" and in the Specifications for the position set forth Exhibit "B", Exhibit "A" and "8"
are attached hereto and incorporated herein by reference.
20. The term of this agreement shall be for three (3) years from the execution, with CITY
having the option to renew on a yearly basis for two additional one year tenns b:
providing written notice to the MEDICAL DIRECTOR at least twenty (20) days prior to
the expiration of the term that the CITY intends to renew the contract for an additional
year. The MEDICAL DIRECTOR shall indicate whether he or she wishes to remain a
party to the Agreement prior to the expiration of the ten11.
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IN WITNESS WHEREOF, the parties hereto have caused these present to be signed by
their duly authorized officers and by the MEDICAL DIRECTOR on this day of
2009.
CITY OF BOYNTON BEACH
City Manager Medical Director
Attest! Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form: Attest! Authenticated:
City Attorney
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EXHIBIT "A"
! Be Responsible for advising the ALS provider as to his assessment of the competence Id
each of the provider's paramedics and for making recommendations regarding the
medical procedures which each paramedic should be authorized to perfOl1l1. Such
assessment should be made by utilizmg responsible evaluative processes and techniqu,;"
and should include at least one assessment of each paramedic s abihty to
a. Appropriatel y evaluate emergency m edi cal patients and determine proper
priorities for emergency medical care.
b. Communicate the findings of such evaluations to a physician who has agreed, in
writing, to provide responsible supervision of that paramedic.
c. Receive and understand proper orders from a physician providing direct
supervision of the paramedic.
d. Understand and properly apply any standing orders authorized by the Medica!
Director.
e. Understand legal relationship between the paramedic, Medical Director.
physician(s) under agreement to provide responsible supervlslOn of the
paramedic, and any other physician.
f. Insure that any ALS performed by the paramedic is done with responsible
physician supervision.
v PerfOlTI1 the specific medical procedure(s) which the paramedic is specifically
"".
authorized by the Medical Director and by the ALS provider to perfoml.
1 Continually evaluate the medical capability of the paramedics and the ALS provider and
-.
advise ALS provider regarding the appropriate level and standard of care which the AL~
provider should seek to achieve.
.., Assist in identifying the specific medical skills and knowledge which paramedics must
j.
possess to achieve the desired level and standard of care.
4. Assist in identifying the training and experience necessary for the paramedics to acquire
the desired skills and knowledge and, in cooperation with approved educations programs.
in assuring that each paramedic receives such training and experience as required.
5. Develop and implement an appropriate process for periodic audit and review of medical
procedures performed by paramedics. Such audit and review process must comply with
such standards and requirements as may be set forth by the department from time to time.
6. Develop and authorize or review and authorize for use standing riders which allow the
paramedics to properly manage certain medical emergencies when voice communications
with the responsible physician is not available. Such standing orders must be specified
and must at least provide for managing immediately life-threatening emergencies though
they are not required to be so comprehensive as to include all possible medical
emergencies.
EXHIBIT A
7. Be responsible for the medical correctness of any standing order which he/she authorizes
for use by the paramedics and for properly instructing the paramedics regarding the
correct use of standing orders.
8. Assist the ALS provider in assuring continuous availability of at least one responsible
physician. Determine the qualifications necessary for a physician to provide responsible
supervision of the paramedics.
9. Retain the ultimate authority to permit and/or prohibit any system paramedic to utilize
ALS techniques. (Specific authority 401.35, 381.031(1)(g), 20.05(5) FS. Law
implemlenta1401.46, 401.47 FS. History NEW 9-10-7.
EXHIBIT A
EXHIBIT ""B"
SPECIFICA TIONS FOR
MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES
AS PROVIDED BY FIRE RESCUE/EMTs, PARAMEDICS AND LIFEGUARDS
Scope of Services
The City Of Boynton Beach is seeking to employ a Medical Director to oversee the Emergency
Medical Services as provided by Fire Rescue. Paramedics, and Lifeguards, as well as other
departmental administrative purposes and functions. The Medical Director will be an
independent contractor supervising and accepting responsibility for the medical performance 01
Emergency Medical Technicians (EMTs), Paramedics and first responders, and Lifeguards
functioning in the Fire and Emergency Medical Services Department and the Parks and
Recreation Department under applicable provisions of Florida Statutes.
1. Related Responsibilities:
A. The Medical Director serves as the Fire Department's physician for the purposes of
advising the Fire Chief on matters pertaining to occupational safety and health.
B. The Medical Director serves as the Medical Director for the City's Lifeguards, who
may be certified as Emergency Medical Technicians.
C. The Medical Director agrees to directly and indirectly supervise and accept
responsibility for the medical performance of Emergency Medical Technicians and
Paramedics functioning in the Fire and Emergency Medical Services Department and
the Parks and Recreation Department. Such supervision shall be accomplished by.
though not limited to:
1. Actual accompaniment of Paramedics and EMTs on rescue calls;
2. Monitoring of radio transmissions to and from hospital emergenc\
departments and related facilities;
3. Review ofrescue incident reports and associated documentation;
4. Conference and/or meetings in both individual and group situations;
5. Review of Standard Operating Procedures and Protocols involving multi-
agency responses to medical emergencies;
6. Active participation in daily in-service training scheduled by the Fire
Department.
These duties will be performed periodically by the Medical Director at his/her convenience and
as often as is necessary to insure that proper medical standards and procedures are being
followed. The Medical Director shall provide the Fire Chief with written reports as required by
the Fire Chief regarding efficiency and effectiveness and general performance of the Cjty'~
Emergency Medical Services System.
II. The Medical Director shall perform all services required of him/her pursuant to Chapter
401, Florida Statutes, and the applicable rules of any governmental agency implementing
EXHIBIT B
said Chapter or other established duties required to be performed by said Medical
Director, or upon promulgation of additional duties by the Florida Department of Health.
III. The Medical Director shall give necessary instructions to the City's Emergency Medical
Technicians (EMTs), Paramedics, and Lifeguards. The Medical Director will also
supervise and arrange such in-service instructional sessions, and promulgate such rules
and directives, as may be necessary to assure that all medical services performed by
EMTs, Paramedics, and Lifeguards are in accordance with proper medical standards and
procedures.
. In addition, the Medical Director shall participate in general Paramedic staff
meetings at a time and date mutually agreeable with the Medical Director and the
Fire and Emergency Medical Services Department; provide sufficient didactic
lecture and instruction to insure that standards of emergency medical care are
maintained, review and comment on content and emphasis on in-service training
and testing procedures; and shall initiate a review of all pre-hospital emergency
medical service protocols and levels of personnel and equipment response at
least every six months to determine their applicability and appropriateness with
respect to currently accepted emergency procedures. Recommended revisions of
said protocols or response procedures shall be furnished to the Fire Chief.
IV. Services and Responsibilities
A. The Medical Director will assure the continuous availability of at least one qualified
physician as outlined in Section I, who shall serve as Acting Medical Director in the
absence of the Medical Director.
In addition, the Medical Director will notify the Boynton Beach Fire and
Emergency Medical Services Department whenever he/she will be unavailable
for whatever reason, and will attempt to provide 24 hour prior notification of
such unavailability except under emergency circumstances. The notification
shall be given to the Office of the Fire Chief, and shall include the name and
telephone numbers of the Acting Medical Director.
B. The Medical Director will provide liaison services as required and requested between
the Fire and Emergency Medical Services Department of the City and other
departments, divisions, boards, and bodies of the City, County and State of Florida, as
well as educational, institutions, medical societies and other agencies or institutions
relating to the provision of Emergency Medical Services.
C. The Medical Director will retain ultimate authority to permit or deny any Paramedic
or EMT the utilization or advanced life support techniques, basic life support, patient
assessment, or patient stabilization procedures. Upon request, the Medical Director
shall advise the Fire Chief or the Director of Parks and Recreation, if appropriate, on
disciplinary recommendations related to medical care.
D. The Medical Director shall administer a protocol examination and/or practical test as
he/she sees fit to determine the competence of all Emergency Medical Services
personnel covered by this Agreement.
EXHIBIT B
E. Upon request, the Medical Director will participate in the design and structur(:
selection procedures for entry level personnel for the City Of BOyl1ton Beach
F. Upon request, the Medical Director will consult with the Fire Chief regarding
promotional testing criteria for incumbent personnel.
G. Upon request, the Medical Director will advise the department on appropriate
procedures to address incidents in which an employee of the Fire and Emergenc~
Services Department or the Parks and Recreation Department's Lifeguard Unit has
been or may have been exposed to infectious diseases or hazardous materials.
H. Upon request, the Medical Director will maintain data regarding the status at
employees who have been, or may have been, exposed to infectious diseases or
hazardous materials.
I. Upon request, the Medical Director will provide oversight and instruction to assist in
the preparation of personnel in the Fire and Emergency Service Department in
professional competitions which may be selected by the Department.
J. At his/her election, the Medical Director may utilize the services of a Licenses
Physician Assistant who shall be designated as a Deputy Medical Director to facilitate
the delivery of the services enumerated in the Medical Director's contract.
However, responsibility for the efficient delivery of these services shall remain witl)
the physician selected as the Medical Director and no increase 111 the annual fee shall
occur based on this election.
K. The Medical Director will oversee and provide instruction during department
scheduled in-service training, for a minimum of six hours per month.
V. Consideration of the City of Boynton Beach
Because the Medical Director may be subject to the risk of certain liabilities by entering
into this Agreement, the City will obtain and pay the annual premium on a general
liability insurance policy insuring the Medical Director against liability arising out of
negligent acts or omissions of the Medical Director in the performance of his duties as
Medical Director during the tern1 of this Agreement.
VI. Appropriate communications equipment such as a portable radio, digital pager, cell
phone. etc., may be provided to the Medical Director, if applicable, by the City.
VII. The Medical Director shall be directly responsible to the Chief of the Fire and
Emergency Medical Services Department of the City. The Fire and Emergency Medical
> Services Department will provide limIted administrative and secretarial support to the
Medical Director through the Office of the Fire Chief.
VIII. The Fire and Emergency Medical Services Department, through the Office of the Fire
Chief and the Parks and Recreation Department, shall cooperate to the greatest possible
EXHIBIT B
extent in the delivery of competent emergency medical care, including implementation
ofthe policies established by the Medical Director and approved by the Fire Chief.
IX. In consideration of the requirements and standards enumerated herein, I propose to
perform these functions and duties for a an annual fee of $26,568.00, which includes
the $70.00 a month for a phone stipend allowance.
Section 3 - Request for Qualification Requirements
Standards to be met by the Medical Director:
A The Medical Director must be a State of Florida licensed physician; and
B. Must be an ACLS (Advanced Cardiac Life Support) provider with instructor
certification, and must be an ACLS affiliate faculty member of the American
Heart Association; or
C. Must be a Board Certified Emergency Physician, or is currently employed as an
Emergency Department Physician in the State of Florida, or who has previously
been an Emergency Department Physician in the State of Florida within the past
five (5) years.
D. Maintains official privileges and affiliation with one or more of the following
medical facilities: Bethesda Memorial Hospital or John F. Kennedy Hospital
ATTACH COPIES OF ALL REQUIRED LICENSES, CERTIFICATIONS,
DOCUMENTATION OF PRIVILEGES AND AFFILIATIONS, A CURRICULUM VITAE,
AS WELL AS OTHER CREDENTIALS OR INFORMATION THAT YOU WISH TO
HAVE CONSIDERED BY THE CITY AS PART OF THIS REQUEST FOR
QUALIFICATIONS.
IN ADDITION, ALL CURRENT AND ANTICIPATED CONTRACTUAL AGREEMENTS
NAMING THE PHYSICIAN AS MEDICAL DIRECTOR FOR ANY OTHER
GOVERNMENTAL AGENCY, BODY, INSTITUTION, OR PRIVATE OR PUBLIC
SERVICE SHALL BE IDENTIFIED AT THE TIME OF SUBMISSION OF THIS
REQUEST FOR QUALIFICATIONS.
EXHIBIT B
'\ (~ ,-I'
\
........,,,
QUALIFIER ACKNOWLEDGEMENT
Submit RFQ's To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date: December 03, 2008
RFQ Title: RFQ FOR "THREE YEAR CONTRACT FOR MEDICAL
DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL
SERVICES AS PROVIDED BY FIRE RESCUE/EMTs,
PARAMEDICS, AND LIFEGUARDS"
RFQ Number: 020-2210-09/JA
RFQ Received By: January 14, 2009, NO LATER THAN 2:30 P.M. (LOCAL TIME)
RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date
and time is scheduled for: January 14, 2009, NO LATER THAN 2:30 P.M. (LOCAL TIME)
and may not be withdrawn within ninety (90) days after such date and time.
All awards made as a result of this RFQ shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor: Kenne+!~ A S'c-hefP Ice- (fl \:) PA
Federal I.D. Number: 0S--09~/8tfP
-...---,.
A Corporation of the State of: F L (f f \ J ~, '--
Area Code: Svl Telephone Number: 1-/ .3 Co - 2z~9 I
------_..~_.._-
Area Code: ~~J FAX Number: J--Y-l . / 0 0 ''2-.
--~-~-_._--_.
Mailing Address: lj y.f'o -K'~ 'lie :{ ':P'llIe~ C +
City/State/Zip: "f{'<:1lAe'.J+c,\ :;;' L. 33 Y (0 '7 ---,_.>
L/
"
Vendor Mailing Date:
~~1/- f:{J1J1c:.--t), ..e-f SU1EppkE:.-
Authorized SIgna re '7 Name Typed
15
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
, .
ADDENDA
CITY OF BOYNTON BEACH
FLORIDA
RFQ TITLE: THREE YEAR CONTRACT FOR MEDICAL DIRECTOR TO OVERSEE
THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE
RESCUE/EMTs, P~D~ ftlj~Y~ E-/~" fE-093/f'lf'
t:i:, ~./I,,/,.....A I ~ QUALIFIER: e t1 VlE+0- A S~hepfh (VIS) PA--
DATE SUBMITTED: . ""J 0/)"--" "''21 Z- / Z- 0-0 9
We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach,
in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
Michael Landress, EMS Coordinator, City Of Boynton Beach Fire Rescue
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM DATE ADDENDUM DATE
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation
/
By:
Sworn and subscribed before me
this \ct day of \::>c..c..e N"ber , 20 ~~
Printed Information:
0=--i(\\'\ e+k /~ Sdneffk~ --
NAME
PreS' d~ I"f-
TITLE
IC, State of Florida kP- n VI efJ, ASche rflkP-- {VI \j ~4-
COMP ANY
lA' MARK MESTROVICH, IV
Notary Public, State of Florida
Commlssionl 00600133
My comrn. expires May 30, 2011
"OFFICIAL NOTARY SEAL" STAMP
AKA-I
TillS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
, .
NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER
State of t:/()r;d,", )
,
County of 70, I If' ~-eCi c L, )
J~'1nefl'\ A 5chefPke- , being first duly sworn, deposes and says that:
l) He is 'PIes ~ dt.-n-f of f(t11He-Ht /1- Sci'fjJfk I/ID pC/- , the qualifier that
(Title) (Name of Corporation or Firm)
has submitted the attached RFQ:
2) He is fully informed respecting the preparation and contents of the attached submittal and of
all pertinent circumstances respecting such submittal;
3) Said RFQ is genuine and is not a collusive or sham RFQ;
4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a
collusive or sham RFQ in connection with the Contract for which the attached RFQ has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other qualifier, firm or person to fix the price or prices in the attached RFQ or of any
other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ
price of any other qualifier, or to secure through any collusion, conspiracy, connivance or
unlawful agreement any advantage against the (Local
Public Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part ofthe qualifier or any of
its agents, representatives, owners, employees, or parties in intere , including this affiant.
(Signed) I
(Title) ---pres: de Yl-{
t"\ day of \::lc..~b-V"' 20 (:)G..
,-
My commission expires
.11' MARK MESrROVlCH, IV
Notary Public, Stete of Florida
CommisslonlOD800133
My oomm. expi~esMay 30. 2011
NC-l
TffiS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
];'OD 1> A r'UA(:'.];' TO lni' rOl\T~m1<'lHrn rOMPLF.TR AND ACCEPTABLE
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. Retum
this form with your bid proposal sheet making it an official part of your bid response,
Is your company a Minority Owned Business ? __~,_
---.----
Yes No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
/'
YES NO ,/'"
----~---
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
MOB-l
Tm~ PAI.:l? TO RI?, ~TrnMTTTED ALONG WITH RESPONSE IN ORDER
. .
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more submittals which are equal with respect to price, quality, and service are received by the
City of Boynton Beach or by any political subdivision for the procurement of commodities or
contractual services, a submittal received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie submittals will be followed if none of the tied vendors have a drug-
free workplace program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under submittal a copy ofthe statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under submittal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than 5 days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify th this firm complies fully with
the above requirements.
DFW-l
TillS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
i II
" I ' ,
0
STATEMENT OF NO SUBMITTAL
If you are not submitting an RFQ for tills project, please complete and return this form to
PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P (!
Box 310, Boynton Beach, Florida 33425-0310.
Failure to respond may result in deletion of vendor's name from the qualified vendor's list
for the City of Boynton Beach.
COMP ANY NAME:
ADDRESS:
-~_..
TELEPHONE:
SIGNATURE:
DATE:
WE, the undersigned have declined to respond to your RFQ #020-2210-09/JA for THREE
YEAR CONTRACT FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY
MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTs. PARAMEDICS. AND
LIFEGUARDS because of the following reasons:
Specifications too "tight", i.e., geared toward brand or manufacturer only
(explain below)
Insufficient time to respond to the Invitation tJJ ~
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS:
NB-l
IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM
A l\.TT\ DUTTTOl\J TT TO PROrTml?,Ml?,NT ~lf,RVTrlf.~
,
THREE YEAR CONTRACT FOR MEDICAL DIRECTOR TO OVERSEE
THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE
RESCUEIEMT'S, PARAMEDICS AND LIFEGUARDS
Name and address of Qualifier:
Kenneth A Scheppke, MD, PA
4480 River Pines Ct
T equesta, FL 33469
561-436-2291
EIN: 65-0931848
Enclosed please fmd copies of:
1) Board Certification in Emergency Medicine by ABEM
2) Florida Medical Licensure
3) CV which includes information pertaining to:
a. Hospital Privileges and Affiliations
b. EMS Medical Directorships
Subcontractors: There will be no subcontractors for this RFQ
) ...
~d~( 1/ 'J,/(; r
Kenneth A Sclieppke, MD, F AAEM
KENNETH A. SCHEPPKE, M.D. , F.A.A.E.M.
JFK Medical Center
5301 South Congress Ave
Atlantis, Florida 33462
561-548-3549
Board American Board of Emergency Medicine
Certification
Postgraduate Medical Center of Delaware
Training Department of Emergency Medicine
Wilmington, Delaware
July 1992 - June 1995
Chief Resident
July 1994 - June 1995
Education State University of New York at Stony Brook
School of Medicine
Doctor of Medicine: May 1992
Alpha Omega Alpha
State University of New York at Stony Brook
Bachelor of Science: May 1988
Major: Biochemistry
Minor: Anthropology
Magna Cum Laude
Phi Beta Kappa
Licensure Florida
Hospital. JFK Medical Center
Affil.iations July 1999 - Present
NBME NBME Part III - 99 percentile
Certification NBME Part II - 98 percentile
NBME Part I - 94 percentile
Emergency Medical Director Boynton Beach Fire Rescue
Medical. 2000 - present
Services
Medical Director Palm Beach Community College
Paramedic and Fire/EMS Programs
2000 - present
Medical Director ATEC EMS Programs
2001 - 2006
Professional American Academy of Emergency Medicine
Societies Fellow
Florida Academy of Emergency Medicine
Vice President
Florida Association of EMS Medical Directors
Member
Palm Beach County Medical Directors Association
Administrative Assistant Medical Director Emergency Dept.
JFK Medical Center - 2001 - Present
Quality Leadership Committee
JFK Medical Center - 2004 - Present
Peer Review Committee
JFK Medical Center - 2005 - Present
Continuing Education Committee - Member
JFK Medical Center - 2002, 2003
American Heart Association
Operation Heartbeat - Co-Chairman - 2002, 2003
Assistant Medical Director Emergency Dept.
Palm Beach Gardens Medical Center 1995-1999
Performance Improvement Director Emergency Dept.
Palm Beach Gardens Medical Center 1995-1999
Code Blue Committee Physician Representative
Palm Beach Gardens Medical Center 1995-1999
Continuous Performance Improvement Committee
Medical Center of Delaware
July 1994 - June 1995
Chief Resident
Medical Center of Delaware
July 1994 - June 1995
Teaching Clinical Assistant Professor
Director Emergency Medicine Rotation
UM/FAU School of Medicine
Allopathic Internal Medicine Residency Program
July 2008 - Present
Clinical Assistant Professor
Nova Southeastern College of Osteopathic Medicine
Clinical Instruction to Residents, Medical
Students and Physician Assistant Students
1999 - Present
Teaching Palm Beach C :)mrnuLi t y ,_,'ollege _,';~ct uce 11."--'
'~. OTIliTl (,
Continued Pre-Hosplta1 Fitfalls" -'iJ04 --:5 " 6 r'l C "
'- .-.
JFK Medical Center Lecture "~;t roke : '~',3p."ij
Pesponse" ,June 2005 and Octobe2:~ " - I
-,
JFK Medical Center Lecture "Weaponc:: (:) .t Mass
Destruction" ,July 20Ci]
JFK Leadership Council Lecture "Smallpox"
February 2003
JFK Medical Center Continuing Education COTIliTlJt:tee
Grand Rounds Presentation "Pulmonary Embolism"
May 2002
Medical Director Palm Beach Community College EMS
Academy 2000 - present
Medical Director ATEC EMS Programs 2001 - ~~ 0 ,6
Palm Beach Community College
Training Center Faculty ACLS
1996 - Present
Work Experience JFK Medical Center Emergency Department
July 1999 - Present
Palm Beach Gardens Medical Center Emergency
Department l.Tune 1995 - cTuly 1999
ALS Training Center Faculty: ACLS
Provider: BTLS, ATLS, PALS
Publications American College of Emergency Physicians
Foresight
Editorial Panel 1994 - 1997
Emergency Medicine self-assessment and reVle~'
Third Edition
Contributing Author: Chapter 25
Cocaine Associated Myocardial Infarction
Study Group:
Manuscripts Published:
1. "Cocaine associated myocardial infarctic!fl ,;
Mortality and Complications. "
Archives of Internal Medicine 1995
") "Cocaine associated myocardial infarctior.:
Clinical safety of thrombolytic therapy. "
Chest 1995
"Time to Equilibration of Oxygen Saturatiol"i
Following a Change in Fi02 as Recorded by
Pulse Oximetry in the Emergency Department"
Abstract presented: Seventh World Congress
Emergency and Disaster Medicine: 1991
-
'C# 2'842471 STATE OF FLORIDA
OEPARTMENT OF HEALTH "
. DI\'ISlON OF MEDICAL QUALITY' ASSURANCE
DATE LICENSE NO. CONTROL NO.
1'2Ji.t&UT MEUl24 711531
"
\9 NEDltAL DOCTOR
Imifd below "85 met all reqlllren1ents of
slaws and rules. of the state of f'orids.
cpiratiQl1 ~e: JANUARY 31, 201D
5NNETH.ANDREW SCHEPPKE
.afSOUftt CONGRESS AVE
rLAN'TlI; FL ,33452-11'7
41,..,,;1) SlATEs
(l(U, a...~ L~~~.~~
Chartie Crist Ana M. Viamonte Ros; M~O..M.P.H.
GOVERNOR STATE SURGEON GENE;RAL
OISPLAY IF RE:QUIR~ BY LAW
-
rATE OF FLORIDA AClt 2842471
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; j)f(i '-.(, Established for the Certification of Emergency Physicians Hereby
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E ni e rCi C' Ii r \ :^v\ e d ; ( ! Ii (\ Continuous Certification Program and is Certified as a Diplomate of the
- I, .- ~ b ".-'. .. , . -' I _... -.- American Board of Emergency Medicine
Oecember 18, 2006- December 31, 2016
President
Secretary ~
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,
VI.-CONSENT AGENDA
ITEM 8.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December 1, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
{~,'J
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) 0 Ci:I=i
U) ::;)'1':<
C- -<j.~
~ February 3,2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon) >
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0 Announcements/Presentations 0 City Manager's Report .." ~l:I::
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NATURE OF 0 Administrative 0 New Business ~ 0%
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AGENDA ITEM ~ Consent Agenda 0 Legal -
0 0 \8
Code Compliance & Legal Settlements Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve piggybacking the Jacksonville Electric Authority (lEA) contract #82768 Cured
in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville Florida to rehabilitate the City's
wastewater gravity main lines for a project cost of$741,784.18 with a 10% contingency of$74,178.42 for a total project cost
of $815,962.60. Utility Staff along with Procurement Services have determined that the JEA bid has complied with Public
Contract Bid requirements equal to or exceeding the City of Boynton Beach's requirements.
EXPLANA nON: The Utility Department received Commission approval to develop an extensive Infiltration and Inflow
program. We have completed the first three inspection phases and have completed our first repair phase. The program
identifies structural deficiencies associated with the gravity lines and manholes, reduces treatment and maintenance costs and
creates an efficient wastewater system. After review of the reports from Inspection Phase II, we have identified approximately
16,862 feet of pipe and 590 manholes to rehabilitate and the department is calling this project "1&1 Program Phase II repairs".
Due to the nature of the work, we will be working with two different contractors, one to perform the pipelining and one to do
the manhole rehabilitation.
The department would like to piggyback the JEA contract bid #WCS -066-07 with Insituform Technologies for pipelining the
wastewater gravity mains. The City has had great success with this method and with Insituform Technologies and would like
to continue with this project. Insituform will clean the existing pipe, install the cured-in-place (CIPP) pipe liner, reconnect the
laterals and supply the City with completed inspection reports for a cost of$741,784.18. The total cost is based upon a
combination of linear foot and per individual unit pricing on the various services as per attached schedule of bid items. There
will be no permit fees required or obtaining temporary access to easements related to this project. Attached is a spreadsheet
outlining the individual line segment costs and the area where the work will take place as well as the JEA bid documents.
PROGRAM IMPACT: The impact of this project will restore the identified pipelines within our wastewater system and
reduce the amount of infiltration and inflow to our wastewater treatment plant, therefore reducing operational costs. It will
also help to prevent pipeline failures by identify the problems now and repairing them to avoid costly repairs in the future.
FISCAL IMPACT: The total project cost is $815,962.60 which includes a 10% contingency to allow for unforeseen site
conditions or quantity changes. The JEA contract had a dollar value of $9,000,000.00. Funding is available in account #406-
5000-590-65-04 SWR 064 Pipeline Rehabilitation.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: The trenchless technology methods being recommended are very cost effective and have the least Impact
on the many communities in our downtown area that will be affected by this project. Two possible alternatives are:
. The use of conventional excavation for this project which is more expensive,
. Not takin . v.s to rehabilitate the wastewater system will continue to result in an increase in treatment and
v<4. ain'on...,.a. ce costf and eventually serious. s.ys~em repairs including failUreS,). . ..~.)
<:> ~-'. ~- ~ '...
I _~/- i~!~
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Department Head's Signature City Manager's Signature
Utilities
_.~-~~
C ~
.A Jf .: J _ e .A...-- --.
Procu e Services
XC: f\ .1rocurement Services
\Y ~ete Mazzella
Tony Lombardi
Barb Conboy
George Peck
Dan Spooner
File
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC
, P2
FROM: . ~ FRX NO. :9042804162 Jan. 05 2009 05:28PM
I .;.-) -
. (~
~~ Tel: (904) 237.3426
, -1eCJuWlogies; Inc. Worldwide PipefifIfJ 116 Spanish Moss LaIl8 Toll Free: (800) 633-8362
RehabilitatJott Ponte Vedra Beach, FL 32082 Fax: (904) 280-4162
, www.insltuform,com
i
!
, January 5, 2009 ,
I
I
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; Mr. 'TIc>ny Lombardi. froject Manager
City Jf Bdynton Beat
l2~ Ea...t Wool bright d. '
Boynton lleach. FL 33435
: I i I.
R~: 11& I Project - P~ase II Repairs
I
Dear tony,
We are pleased to submit this proposal to reconstruct the 8"-24" sewer lines located in Boynton
Beach using "Cured-i-l1-Place~Pipe" (CIPP). These prices are based on our 2008-09 Annual
Cqntract # 82768 with lEA; Please see attached spread sheet for detailed prices.
Prl!lject Cost: $741.784.18
/
The tenns and conditipns gqverning this proposal are as follows:
!
Pr~posal Incl~sioDSE,
. Certificate of Insurance with standard coverage
. Pre.insta11ation video inspection recorded on CD
, . Standafd cleaning of the existing pipe prior to installation
. Post-installation video inspection recorded on CD
. Standard one-year warranty
. Actual :field measurements will determine fmal invoice quantities
. All references in present contract to Duval COWlty shall be considered as applying
to Palm Beach County for the limits of the work covered under this proposal
Proposal Exclusions:
. Premiums for !I'Pecial insurance coverage requirements
; . Point repairs afany collapsed sections of the existing pipeline
. Permit..
,
. Disposal site for debris removed during cleaning
. Please ~ote that if any hazardous or toxic materials are encountered during the
project,:the Owner will be responsible for the removal and disposal of the
materials
. Constructions access easements
FRm1 : FHA t~O. ; 9042804152 ':::.- l3:~'009 135. ~8F"
Pr~posal Term~:
. Payment due within 30 days of completion of the project
. Parti~1 monthly payments may be requested
. Proposal valid for 45 days
Limited W arran~
IN LIEU OF ALL.OTHER EXPRESSED; IMPLIED AND/OR STATUTORY
W ARRANT~ES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE~ CONTRACTOR AGREES
TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES
PROVIDED: BY THE CONTRACTOR WHICH ARE BROUGHT TO THE
A'n'ENTION OF THE CONTRACTOR WITHIN ONE YEAR FOLLOWING
COMPLETION OF CONfRACTOR'S WORK. PROVIDED OWNER
AFFORDS ctONTRACTOR SUITABLE ACCESS AND WORKING
CONDITIO~"S TO ACCOMPLISH SUCH CORRECTION.
We appreciate the opportunity to quote on this project. If you have any questions, please
call !me.
Sincerely,
IN~ORM TECHNOLOGIES, INe.
/'! eJ ~~
Ted Hotchkiss, Area Account Manager
Owner Acceptance: Date:
"
Please :sign ~d return one copy of this proposal for our files or, if you prefer, a purchase
order Of subcontrd.ct for our execution.
-_._"----
. Page 1 of2
.
Lombardi, Tony
I=rom: Logan, Carol D. [Logacd@jea.com]
Sent: Tuesday, December 30, 2008 8:22 AM
To: Lombardi, Tony
Subject: Award for Cired in Place Pipe
Per your request.
CPA FOR APPROVED AWARD WCS-066-07 ON 7/12/07 ITEM 2
Formal Bid and Award System
Award # 2 7/12/07
Type of Award Request: BID (IFB)
Requestor Name: Clendening, William M
Requestor Phone: 6654723
Request #: 574
Project Title: Cured In Place Pipe (CIPP) Unit Price Construction
Project Number Various
Award Estimate: $9,000,000.00
Funds: CAPITAL
Description of Request/Product Description:
The intent of this contract is to supply trench less rehabilitation to the gravity sewer system through the C1PP method. This
-k will be performed throughout the JEA service area.
,,~quisition Number: tbd
JEA IFB/RFP/State/City/GSA #: WCS-066-07
Purchasing Agent: Marilyn Ossman
Is this a ratification? NO
If yes, explain:
Recommended Awardee(s)
Name Add ress Phone Fax Amount
Insituform Technologies Inc. 17988 Edison Ave. Chesterfield, MO 63005 636-530-8000 636-530-8701
$9,000,000.00
Recommended Award Information
Amount for entire term of Contract/PO: $9,000,000.00
Award Amount for initial year: $3,000,000.00
Length of Contract/PO Term: 3 years
Beginning Date: 8/1/2007
Ending Date: 7/31/2010
Renewal Options: YES
If Yes, please explain: 2 - 1year options
JSEB Requirement: None
Comments on JSEB Requirements: Small volume of restoration work available
All Bidders
Name Amount Rank Score Disqualified Reason
jform Technologies Inc. $1,674,898.19
Lanzo Lining Service $2,264,725.00
Reynolds Inliner $2,494,269.00
--.-
12/30/2008
t;!,t'
Background/Recommendation (Please provide additional information.)
BACKGROUND:
Advertised 5/18/07, eight vendors attended the pre-bid,
Insituform's bid price represents a 6% cost savings from the current contract pricing.
JEA IFB# WCS-066-07 Request approval to award a three-year contract to Insituform Technologies Inc. for Cured in Place
Pipe (CIPP) Unit Price Construction in the not to exceed amount of $9,000,000.00 subject to the availability of lawfully
appropriated funds,
Approver
Manager: Clendening, William M
Director: Anaheim, Scott A
VP: Kelly, Scott D
PJ 7/13/07
Carol Logan
Purchasing Agent, Sr
J EA, CC6
21 W Church St
Jacksonville, FL 32202
Phone (904) 665-7278
Fax (904) 665-7363
Email: logacd@jea.com
------------------------------------------------------------------
Florida has a very broad Public Records Law. Virtually all
written communications to or from State and Local Officials and
employees are public records available to the public and media
upon request. JEA does not differentiate between personal and
business e-mails. E-mail sent on the JEA system will be
considered public and will only be withheld from disclosure if
deemed confidential pursuant to State Law. Under Florida law, e-
mail addresses are public records. If you do not want your e-
mail address released in response to a public-records request,
do not send electronic mail to this entity. Instead, contact JEA
by phone or in writing.
~---_.." -----------
12/30/2008
.
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~..t._ ..:::
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!',-:
309 - LS 201
.;1.< LS 202
,~" < ',,,,"-
.' j
1 I
LS 35
LS 401
LS 402
409
r---
I
LS 41
I & I Program Phase II LS 41
Repairs
Sewer Pipelining and Interior Manhole Repairs
(within'each designated area)
-------- ---~ ~ .-._--~-"'-
=-._-,-,,-,"-=<.w........, .----- 1
------
-
II Program Phase II Repairs
asl" Pipe Segment Reference Address Upstream Invert Downstream Invert Diameter L.ngth Structure Rating Overall Pip. Ratl n9 Servl~e_G.:_ount St;lrvlces $/8-a Clhnlng ~/lf 9lpp, ~ll;i ......~r,E\yp..~$1 I, ., "Total
13-401 313-401-030-029 OCEAN AVE. 4 7 8 273 5541 3,00 9 $175,00 $3,50 $26,80 $9,859,02
13-401 313-401.031-030 OCEAN AVE, 4 4 8 219 5641 3,00 7 $175,00 $3,50 $26,80 $7,854,64
13-401 313-401-014-013 SW 2ND AVE. 7 8 8 321 553G 3,00 11 $175,00 $3,50 $26,80 $11,639,18
13-401 313-401 ~023.Q22 SW 1ST AVE, 4 8 8 171 533D 3,00 6 $175,00 $3,50 $26,80 $6,237,36
13-401 313-401-022-021 SW 1ST AVE. 8 10 8 202 523F 3,00 7 $175,00 $3,50 $26,80 $7,348,63
13-401 313-401-008.Q06 SW 4TH AVE, 8 6 8 366 5441 3,00 12 $175,00 $3,50 $26,80 $13,186,77
13-401 313.401-003-002 SW 4TH ST 4 5 8 95 5131 3,00 3 $175,00 $3,50 $26,80 $3,406,53
13-401 TolaP ,,-," ' , .,,, '7 ,>. ", " '''''F ,"''" >.i_',,;' -~""~~':>~ ": <,',' , '",' ""'1647 '>0;';:.< .;,.>: ',:,c,' ;"- < <.~~~. 'c.>,,,>, ;", ",,> .. ':.::.:'!.,~., -~; "1" ;e,;:,,";>, ,">r ,-, ,",$59,532:13
56-204 356.204-001-002 630 NORTH RD 0 0 8 172 5143 3,60 6 $175,00 $3,50 $26,80 $6,264,63
56-204 356-204-011-010 836 SOUTH RD 0 0 8 312 4133 3,30 10 $175.00 $3,50 $26,80 $11,194,51
56-204 356-204.010-009 SOUTH RD 0 0 8 331 4133 3,70 11 $175.00 $3,50 $26,80 $11,951.27
56-204 356.204-016-019 MARINERS WAY 0 0 8 155 0000 4,00 5 $175,00 $3,50 $26,80 $5,556,35
56-204 356-204.Q09-008 SOUTH RD & CENTERAL DR 0 0 8 308 0000 3,50 10 $175,00 $3.50 $26,80 $11,091.49
56-204 356-204-021-020 NE 12TH TERR 0 0 8 341 5131 3.40 11 $175,00 $3,50 $26,80 $12,257,30
56-204 TPla/:,,:, '"',,, ".6 ,,:-:, ',. , I",.".,>." ,,; '. 1:< " ", 1619 - . '.'" ~ '.0,:,., ,A. ".',i<:".,y,c: "..c:"', _ ",' . ,,~"" i,; .;.-,:~~ '.'" ;~;;~~t\t~>;'5;: '-. ,;:';'-\~ \, '":,,,\$,58,315,55
-.", .-,,,. '",.'g:,,~
56-206 356-206-020.Q17 CASTILLA LN 5 6 8 156 5231 3,00 5 $175,00 $3,50 $26,80 $5,592,71
56-206 lplaF - , " ">.i.~1" . _ ,.' "f,,"."t'1 ,Y~~,+i.~~' -;; ."~.-, , ,j; ,-;." f,,: i~~~r,,<\r;x\'. ""ie" '~'~;;.~~L~~i,,~i~i.:...;, ~~,_ ;i,;:~i';:~_~ ,":" ""'-','.,": 156;, ;, ::,~"'!".'f;-'),:," 1 ~"\~~~ :" '..;~ii~-' t';>~z';,i-~~~'- :Y-~l,;~,<.{ti,;; '~~n::' d,,"";S'.' .};; ~')7.J'r;.i i; '(;W ~ '1~&:~',j,'i' ;.t.,tl!',~; ';>',,':';'i,~';)!1$5;592, 71
56-207 356-207-054-053 SE 27TH WAY 6 6 8 176 3100 3,00 6 $175,00 $3,50 $26,80 $6,376,74
56-207 356-207-066-062 SE 28TH CIRCLE 4 5 8 199 5141 4,50 7 $175,00 $3,50 $26,80 $7,266,82
56-207 356-207-062-059 SE 28TH CIRCLE 5 6 8 176 5200 5,00 6 $175,00 $3,50 $26.80 $6,367,65
56-20Hi>tiI". :;r 'Y;'o';j",.' , i:;A:.~,,~::, ~,i.iJi~:i3' }!iW~,io,: , .,- ~~~ :g'l~;4';~,:i::rj:'{~~~!:.-ii~i; ::r:t~< ,'~~~.i~~"~ " :551:.(" ;. ". ~L1t~ ~r.~' :,1;t,.;;;~;.;>~~. ~~:[~~),tJfi ;.. " '" , " ., "t,:", ':i';:"i:.-~~., ' __~ , '" ~'I:'~'~~'o$20;o11 ,21
,.,_.-;~,~_7'~". __" _' <
56-356 356-356-311-312 SW 6TH AVE & SW 2ND Sl 0 0 8 310 3700 3,00 10 $175,00 $3.50 $2680 $11,143,00
56-356 356-356-312-313 SW 6TH AVE 0 0 8 309 3700 3,00 10 $175,00 $3,50 $26,80 $11,106,64
56-356 356-356-313-314 SW 6TH AVE & SW 1ST ST 0 0 8 314 3100 3,00 10 $175,00 $3,50 $26,80 $11,252,08
56-356 356-356-343-344 122 SW 4TH AVE 0 0 8 272 5143 3,10 9 $175,00 $3,50 $26,80 $9,822,66
58-356 356.356-344-345 122 SE 4TH AVE 0 0 8 329 5132 3,00 11 $175,00 $3.50 $26,80 $11,87855
56-356 356-356-321-070 SE 6TH AVE 0 0 21 114 0000 3,30 4 $175,00 $3,50 $67,30 $18,50 $10,871.27
56-356 356.356-534-535 NE 11TH AVE & SEACREST BLVD 5 0 8 397 4100 4,00 13 $175,00 $3,50 $26,80 $14,31622
56-356 356-356-518-519 NE 9TH AVE 5 5 8 273 5133 3,50 9 $175.00 $3,50 $26,80 $9,83781
56-356 356.356-520-522 NE 9TH AVE 9 9 8 397 0000 3,50 13 $175,00 $3,50 $26,80 $14,298,04
56-356 356-356.533-534 NE 11TH AVE 0 0 8 345 4133 3,30 11 $175,00 $3,50 $26,80 $12,36941
56.356 356.356-492-493 NE 7TH AVE 0 0 8 372 5141 3,00 12 $175,00 $3,50 $26,80 $13,365,54
56-356 356-356..448-449REV NE 6TH AVE 6 0 8 150 5132 3,30 5 $175.00 $3,50 $26,80 $5,407.88
56-356 356.356-451..452 NE 5TH AVE 0 0 8 224 3100 3,00 7 $175,00 $3,50 $26,80 $8,018,26
56-356 356-356..452..450 NE 5TH AVE & NE 1ST STREET 0 0 8 206 4131 3,00 7 $175,00 $3,50 $26.80 $7,457.71
56-356 356-356-454..445 NW 1ST ST 0 0 8 332 5100 5,00 11 $175.00 $3,50 $26,80 $11,98460
56-356 356-356..488..487 806 NE 2ND CT 0 0 8 24 5100 3,50 1 $175,00 $3,50 $26,80 $887,05
56-356 356.356-433-480 NE 4ST AVE & NE 3RD ST 0 0 8 344 523A 3,10 11 $175,00 $3.50 $26,80 $12,333,05
56-356 356-356-480..476 NE 5ST AVE & NE 3RD ST 0 0 8 336 4239 3,20 11 $175,00 $3,50 $26,80 $12,10580
,56-356 356.356-491-490 NE 3RD ST 0 0 8 97 5131 3,20 3 $175,00 $3,50 $26,80 $3,458,04
,56-356 356-356-427..428 NW4THAVE 0 0 8 295 5242 3,00 10 $175,00 $3,50 $26,80 $10,691.53
,56-356 356.356-428-429 NW 4TH AVE & SEACREST BLVD 0 0 8 51 3300 3,00 2 $175,00 $3,50 $26,80 $1,886.21
,56-356 356-356.393-397 NW 3RD CT 0 0 8 240 5141 3,00 8 $175,00 $3,50 $26,80 $8,659,88
'56-356 356-356.397-398 NW 3RD CT & NW 3RD AVE 0 0 8 147 5241 3,00 5 $175,00 $3,50 $26,80 $5,326,07
'56-356 356-356-396-396 NW3RDAVE 0 0 8 48 3100 3,00 2 $175,00 $3,50 $26,80 $1,810.46
156-356 356.356.578-579 NE 8TH AVE. 14 13 18 221 5100 4,00 7 $175,00 $3,50 $46,90 $18,50 $16.451.90
156-356 356-358-398-399 NW3RDAVE 0 0 8 344 5543 3,20 11 $175,00 $3,50 $26 80 $12,339,11
156-356 356-356-418-417 ALLEY & NE 3RD AVE 0 0 8 286 4133 3,30 10 $175,00 $3,50 $26,80 $10.427,92
156-356 356-356-416..417 NE 9TH AVE 0 0 8 48 0000 5,00 2 $175,00 $3,50 $26,80 $1,804.40
156-356 356.356-453-431 NE 1ST STREET 0 0 8 319 5143 3,30 11 $175,00 $3.50 $26,80 $11,602,82
156-356 356-356-431..423 NE 1ST STREET & NE 4TH AVE 0 0 8 168 5241 3,30 6 $175,00 $3,50 $26,80 $6,143.43
156-356 356-356-496-573 RAILROAD AVE 14 12 10 198 0000 4,00 7 $175,00 $3,50 $31.20 $0,00 $8,099.D7
156.356 356-356.309-3' 0 SE 7TH AVE 9 9 8 243 5242 3,00 8 $175,00 $3,50 $26,80 $8,775.02
156-356 356-356-018-411 BOYNTON BEACH BLVD 11 12 24 135 3100 3.00 4 $17500 $3.50 $73,50 $5600 $16,64170
156.356 356-356-414-415 BOYNTON BEACH BLVD 13 13 24 47 0000 3,00 2 $175,00 $3.50 $73,50 $56:00 - -, $6,601.00
156-356 356.356-184-183 SE 24TH AVE & SEACREST BLVD 0 0 8 138 5533 3,30 5 $175,00 $3.50 $26,80 $5,062.46
156-356 356-356-399..400 SEACREST BLVD & NW 3RD AVE 0 0 8 51 5232 3.60 2 $175.00 $3.50 $26,80 $1,895,30
156-356 356-356-201-200 WOOLBRIGHT RD 5 6 8 337 523K 3,00 11 $175.00 $3,50 $26,80 $12,133,07
156-356 356-356-400-429 SEACREST BLVD 0 0 8 167 5234 3.40 6 $175,00 $3,50 $26,80 $6,101,01
156-356 356-356-447..444 SEACREST BLVD & NW 6TH AVE 0 0 8 241 5200 5,00 8 $175,00 $3,50 $26,80 $8,690,18
156-356 356-356-444-443 SEACREST BL VO 0 0 8 226 5142 3,10 8 $175,00 $3,50 $26,80 $8,235,68
156-356 356-356..443-429 SEACREST BLVD & NW 5TH AVE 0 0 8 182 5245 320 6 $175,00 $350 $28,80 $6,549.45
156-356 356-356-429-430 SEACREST BLVD & NW 4TH AVE 0 0 8 0 3100 3,00 0 $175,00 $3,50 $26,80 $0,00
156-356 356-356-181-182 SEACREAST BLVD 5 6 15 392 0000 400 13 $175,00 $3,50 $42,50 $20,311,60
156.356 356-356-598.597 SEACREAST BLVD 3 4 8 114 0000 3,00 4 $175,00 $3,50 $28,80 $4,151,17
Page 1
II Program Phase II Repairs
156 356-356-207.208 WOOLBRIGHT BLVD 10 11 21 297 5100 500 10 $175,00 $3,50 $67.30 $18,50 _ $28,23638
156 356.356.197.198 WOOLBRIGHT BLVD 10 11 21 133 5100 5,00 4 $175,00 $3,50 $67,30 $18,50 $12,585,83
156 356.356-092.093 HORIZIONS BLVD 0 0 24 189 0000 4,00 6 $175,00 $3,50 $73,50 $56,00 $26,187,00
\56 356.356.093-095 HORIZIONS BLVD 0 0 24 301 0000 3,50 10 $175.00 $3,50 $73.50 -,,-- $56.00 $41,822,90
156 356-356-186-190 23rd ave 6 6 15 299 0000 3,50 10 $175,00 $3,50 $42,50 $15,522.40
1~8Total;'.\ 49 ..".i<'..t", ',"'t" '.'" ".10998'jC ;,-T')..' is' ';'$5~6_5g.p6
102 356-402-019-020 SW 7TH AVE& SW 3RD ST 0 0 8 78 0000" 3,00 3 $175,00 $3,50 $26,80 $2,876,28
102 356-402-042-041 306 SW 4TH AVE 0 0 8 21 5100 3.50 1 $175,00 $3,50 $26,80 $808.27
102 356-402.042-041REV 332 SW 4TH AVE 0 0 8 324 5100 3,00 11 $175,00 $3,50 $26,80 $11.736,14
102 356-402-036-035 331 SW 5TH AVE 0 0 8 185 3100 3,00 6 $175,00 $3,50 $26,80 $6,649.44
102 Total '.4 ;,' :,t" '.'_ " 60? -. _ ". ;-.. 'F,', ,$22;Oi'{n13
114 356-414-064-061 SEAGATE APTS 5 6 8 168 0000 3,00 6 $175,00 $3,50 $26,80 $6,146.46
114 356-414-073-071 ALLEY 0 0 8 404 2200 3.70 13 $175,00 $3,50 $26,80 $14,510,14
114 Total 2', 572,.' -,";.'.,.:: ,': ,'" .:'. ",."., .1',.,". . <'$20.$6'80
103 602.603-016-017 W OCEAN AV~ 9 9 8 139 5100 400 5 $175,00 $3,50 $26,80 $5,086.70
103 602-603-019-031 SW 1ST AVE 7 8 8 286 5100 5,00 10 $175,00 $3,50 $26,80 __,_ _1--_ $10,418,83
103 602.603-037.041 SW 2EDAVE 9 9 8 288 5100 3.30 10 $175,00 $350 $26,80 $10,479.43
IQ3.Total 3, 7th,' " : . .:." ;,.$2.s;9@:9(>
dGoimt .7~, 16662 '563,: "I;,. ,$7.a.P$2't~5
:~'''''''i'''''! C,' .., .....'.. ..'.r:::.;; L.if'~;:~:;;: .'f,\;j~; ;~~,,,f;l :tI€l
Page 2
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I Jan. 05 2009 05:28PM P2
I FRX NO. :9042804162
FROM: i
~~; rei: (904) 237.3426
. i Tk/Uiologies; lne Worldwide Pipeline 116 Spanish Moss L~"e Toll Free: (800) 633-8382
R6habilitatJOI'I Ponte Vedra Beach, FI.. 32082 Fax: (904) 280-4162
, WWW.insltufonn,com
I
I
, January 5, 2009 I
l
,
i
I i I
: M~. ~(>ny Lombardi, froject Manager
. City Jf Bdynton Beat '
. 12~ East Wool bright . d. .
. BQynton lleach, FI. 33435
I
R~: 11& I Project - PI~ase [I Repairs I
I " : ,
;
i
Dear tony, I
i
We ~e pleased to subtrut tHis proposal to reconstruct the 8"-24" sewer lines located in Boynton
Beac~ using L'cured:t-Pla~-Pipe" (CIPP). These prices are based o~ our ~008-09 Annual
Cqntrflct # 82768 WIt; JEA; Please see attached spread sheet for detalled pnces.
I I
PrlDject Cost: $741,784.18
ii" "
The t~nns and conditirl1s gqverning this proposal are as follows:
Proposallncl~sion,:
. Certificate of Insurance with standard coverage
. Pre~insta11ation video inspection recorded on CD
, . StandJd cl~ing of the existing pipe prior to installation
. post-inhalIation video inspection rccorde~ on CD
. Standard one-year warranty
. Actual ifield measurements will determine fmal invoice quantities
. All ref~rences in present contract to Duval County shall be considered as applying
to Palrri Beach County for the limits of the work covered under this proposal
I
, Proposal Exclusions:
· Premiutns for 3'Pecial insurance coverage requirements i
: . Point repairs of any collapsed sections of the existing pipeline
i
. Pennit.. ,
I I
. Disposal site for debris removed during cleaning
. Please ~ote that if any hazardous or toxic materials are encountered during the I
i
project,!the Owner will be responsible for the removal and disposal of the i
materials !
i
. Constructions access easements
--~- - .----=- +~~- - -
!
FROM ~Ri NO, :9042804152 :. 35;)00'3 05: 28F!'
~ro,posal Te~fil:
.' Payment due within 30 days of completion of the project
. Parti~l monthly payments may be requested
. Proposal valid for 45 days
Limited Warranty
IN LIEU OF'ALLOTHER EXPRESSED, IMPLIED ANDIOR STATUTORY
, . .
W ARRANT~ES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNF.;SS FOR A PARTICULAR PURPOSE~ CONTRACTOR AGREES
TO CORRECT ANY DEFECT IN THE MATERIALS OR SERV1CES
~ROVIDED: BY THE CONTRACTOR WHICH ARE BROUGHT TO THE
A'n'ENTION OF THE CONTRACTOR WITH1N ONE YEAR fOLLOWING
COMPLETION OF CONTRACTOR'S WORK. PROVIDED OWNER
AFFORDS dONTRACTOR SUITABLE ACCESS AND WORKlNG
CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
We approciate the opportunity to. quote on this project. If you have any questions, please
call 'me.
Sincerely;
IN~ORM TECHNOLOGrRS, INC.
/[ eJ lL~
Ted Hotchkiss, Area Account Manager
Gwrier Acceptance: Date:
, ,
,,'
Please sign and return one copy of this proposal for our files or, if you prefer, a purchase
order or subcontrdct for om execution.
-- -~ --~ ~_.._-
.
Page 1 of2
Lombardi, Tony
From: Logan, Carol D. [Logacd@jea.com]
Sent: Tuesday, December 30, 2008 8:22 AM
To: Lombardi, Tony
Subject: Award for Cired in Place Pipe
Per your request.
CPA FOR APPROVED AWARD WCS-066-07 ON 7/12/07 ITEM 2
Formal Bid and Award System
Award # 2 7/12/07
Type of Award Request: BID (IFB)
Requestor Name: Clendening, William M
Requestor Phone: 6654723
Req uest #: 574
Project Title: Cured In Place Pipe (CIPP) Unit Price Construction
Project Number Various
Award Estimate: $9/000/000.00
Funds: CAPITAL
Description of Request/Product Description:
e intent of this contract is to supply trenchless rehabilitation to the gravity sewer system through the CIPP method. This
work will be performed throughout the lEA service area.
Requisition Number: tbd
lEA IFB/RFP/State/City/GSA #: WCS-066-07
Purchasing Agent: Marilyn Ossman
Is this a ratification? NO
If yes, explain:
Recommended Awardee(s)
Name Address Phone Fax Amount
Insituform Technologies Inc. 17988 Edison Ave. Chesterfield, MO 63005 636-530-8000 636-530-8701
$9,000/000.00
Recommended Award Information
Amount for entire term of Contract/PO: $9/000/000.00
Award Amount for initial year: $3/000/000.00
Length of Contract/PO Term: 3 years
Beginning Date: 8/1/2007
Ending Date: 7/31/2010
Renewal Options: YES
If Yes, please explain: 2 - 1year options
JSEB Requirement: None
Comments on JSEB Requirements: Small volume of restoration work available
All Bidders
'lle Amount Rank Score Disqualified Reason
IIlsituform Technologies Inc. $1/674,898.19
Lanzo Lining Service $2,264,725.00
Reynolds Inliner $2 494.2fi9~OO _.~
. .
1 ") I'! (\ 1'1 (\(\ Q
ll~e
Background/Recommendation (Please provide additional information,)
BACKGROUND:
Advertised 5/18/07, eight vendors attended the pre-bid.
Insituform's bid price represents a 6% cost savings from the current contract pricing,
JEA IFB# WCS-066-07 Request approval to award a three-year contract to Insituform Technologies Inc. for Cured in Place
Pipe (CIPP) Unit Price Construction in the not to exceed amount of $9,000,000.00 subject to the availability of lawfully
appropriated funds,
Approver
Manager: Clendening, William M
Director: Anaheim, Scott A
VP: Kelly, Scott D
PJ 7/13/07
Carol Logan
Purchasing Agent, Sr
JEA, CC6
21 W Church St
Jacksonville, FL 32202
Phone (904) 665-7278
Fax (904) 665-7363
Email: logacd@jea.com
--------------------------------------------------------------- ,-
Florida has a very broad Public Records Law. Virtually alJ,
written communications to or from State and Local Officials and
employees are public records available to the public and media
upon request. JEA does not differentiate between personal and
business e-mails. E-mail sent on the JEA system will be
considered public and will only be withheld from disclosure if
deemed confidential pursuant to State Law. Under Florida law, e-
mail addresses are public records. If you do not want your e-
mail address released in response to a public-records request,
do not send electronic mail to this entity. Instead, contact JEA
by phone or in writing.
-----.-- -- --...-..--..------.--
1 INSfTUFORM: TECHNOLOGiES, fN.C,
AssJlstamt SoeU1:l1f;.lln" 5 Cernfkait-e
The l.rndersigt1ed, being the A.ssistant Secretary of Insituform Technologies. loc.. a Defawa!'~
corporation (the "Corporation"). hereby certifies that:
l. The following is a true and correct e;<.cerpt from the By-laws of the Corporation.
ChZ.ef E.x:ecutiv'IJ Officer Appoi:ntm..fJ1!ts. The Chief El<ecLitive Officer may frorn time to time
appoint 3uch officers ofoperating divisions, and such contracting and attestmg ol:1:icers. of the
Corporation as tbe Chief E:cecutive Officer may deem proper. who shall hav~ such a.uthoriw,'subject to
the ,-;ontrol of the Board. as the Chief E;(.~cutive Officer may trom time to time prescribe,
2. The Chief Ex:ecutive Officer and PTesLdent of the Corporation has. pursuant to the above
:Luthority. duly appointed (a) H OOI.Lglas Thomas to the position of Vice President Rehabilitation - Prl)j~ct
Support and (b) Ioann;5mit..b and Oeni.se c... Carroll as Concracdng and Attesting Officers of the Corporation.
Bach .')f che foregoing ha....e been fully authorized and empowered oy the Chief E;cecutive Officer of che
Curporarion. "(i) to certir) and to .lttest the 3ignarure of any officer of the Co..poration. ([I') co -:::nte~' i.ltO and 1:0
bi'1d the C\i~or'itit)n to perf0rm pipeline ,ehabilltatlOI1 }l.::ti'I, ities of the COC"pcJrati')11 a.nd ail oT1aL.:erS ~1a.cer.J.
ther~to. inr.lu.jing the maintenance 0 f one 01" mor~ 0 ffice:3 a.,d fac i 11 ties of the C orpor3.tioo. r I!;) to e;{~c'_:c al~c! !:o
.jel,v~r dI)CU!Tl,~t1tS on behalfofthe Corpora'tiur. and 1,'li (0 tatc..; dud1 other ,1ctll:,l"\:lS IS 01' rr.ay be nel:essary ,l;l':!
appropnat~ to carr/ !Jut the projects. act11/Itles and work or the CorporatIon, .
~ 1"1 'v1/1Ti'JES.3 'vl,iKER.Ei,)f:'. ( hav~ h~rp.u:!t..) 8.Ifix.~c my 11;J,tl1e as d.,'::;:j\:.;tar.t Secret2.ry this: J'hduy 0['
f ~b ruary.. 200a
In:l!':uJ'orm Technoio~',,:~;. I:"1C
. .
? ,-- ":;vc
8 '/: '011...17 ~ {1,Jr''''f-f''Vl"p:; .
Suta Tung'.3irtpa ' V
A:3SH:ltanr Secr~t.ary
rt
"--_. ......-._.*.~. ..-'...-
JEA BID FORM Page -L- of -L.
PROCUREMENT DEPARTMENT
21 WEST CHURCH STREET
JACKSONVILLE, FLORIDA 32202
Company Name an A rass
Insltu1ol"'m Technologies, Inc.
175168 Edison Avenue This bid WlH ba openad at 2:00 p.m., 615/2007. In the 6tl1 noor Conferenoe Room.
e h estel"fle I d, M 0 6:5005 JEA Customer Center. 21 W. Churoh St.. JaokBonvllls, FL 32202
FAX No: (6:56) 530-B701 Please use typewriter when eubmJtlIng pncae
N/A on bId form.
SMAIL Address:
BID SECURITY REQUIREMENTS TERM OF CONTRAOT
[ ] None requll'8d [ .] One Tlma Purohase
[Xl Certlled Oheck or Bond IX I Annual Requlreman1B. three years with two one-yaar renewal oplJons
$ 6 % I ] Other, Specify
B 0
[ 1 None required
[X] Bond required $ 2,000.000.00 _%OfBld Award
INSURANCE REQUIREMENTS
[ J [ I None required
[XI [Xl Insurance required
Quote the "/Iow1na mlterfele F.O.B.: JllCIaIonvlle, FL
fm No. ENTER HEREON YOUR BID FOR THE FOLLOWING DESCRIBED ARTICLES OR SERVICES
QUANTITY UNIT PRICE TOTAL
Cured In Place Ploe (OJPP) UnIt Price Construotion
TOTAL (from Bid Form Page 5) nla nla $1,674,898.19
I i i
I
I i I
.~,'
BIdder's Certifloetlon
By signing thIs bid form, 1he bidder agress to follow, comply, and be bound by ell Terms & Conditions oontained In thIs IFB;
/--/ ~ ~ " " ,
We have received addenda \,. '1 \ "
J " 11.. 5'" ;>() () 7
_ through _ Handwritten Signature of Authorized OffIcer of FIrm or Agent I, ,'.\ Dete
H. Doutllu Thomas
Printed Name of Authorized Officer of Firm or Agent "'(~j6) '5:50-6000
VP S D e 0.1 a I Pro 0 Ie ci"s
TIUe Phone No.
,led In Place Pipe CCIPP) Unft Price ConstructJon Page 19 of n
, l
".
TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT. 200,?
I,\PA#: $ .
'ite~, -: ;s~~" ..., /- ~ ',,' 'a~: . <' lJirll~'$ 'D6'scrlptll),h'll1;f:l1'f~sr~f" '; .' .
..... Nt), ....~. ,N~.. J~~.. Prle_,
1 6.9.6 0 LS Testing Allowance $ 25,000.00 $ .
Furnish and Install 8" CIPP lining, 6 mm
2 961.1 LF thick $ 26,SO $ _
MM Add for each 1.5 mm difference from 6.0 mm thick
2A 0 THICKER for S" CiPP @ ($1.50 per 1.5 mm change) $ 2.00 $ _
I Furnish and Install 1 0" CIPP lining 6.0 mm
3 961.1 LF thick $ 31.20 $ _
MM Add for each 1.5 mm difference from 6.0 mm thick
3A 0 THICKER for 10" CIPP @ ($1.90 per 1.5 mm change) $ 2.00 $ .
Furnish and Install 12" CIPP lining, 6.0 mm
4 961.1 LF thick $ 32.70 $ -
MM Add for each 1.5 mm difference from 6.0 mm thick
4A 0 THICKER for 12" CIPP @($2.20per 1.5 mm change) $ 2.50 $ .
Furnish and Install 15" CIPP lining, 7.5 mm
5 961.1 LF thick $ 42.50 $ -
MM Add for each 1.5 mm difference from 7.5 mm thick
5A 0 THICKER for 15" CIPP @ (52.S0per 1.5 mm change) $ 3.00 $ .
Furnish and install 16" CIPP lining, 7.5 mm
6 961.1 0 LF thick $ 47.90 $ .
MM Add for each 1.5 mm difference from 7.5 mm thick
6A 0 THICKER for 16" CIPP @($2.40 per 1.5 mm change) $ 3.00 $ .
I Furnish and Install 1 8" CIPP lining, 9.0 mm
7 961.1 0 LF thick $ 46.90 $ .
MM Add for each 1.5 mm difference from 9.0 mm thick
~ 7A 0 THICKER for 1S" CIPP @($4.50 per 1.5 mm change) $ 4.50 $ .
I Furnish and install 20" CIPP lining, 9.0
8 961.2 LF mm thick $ 59.20 $ .
MM Add for each 1.5 mm difference from 9.0 mm thick
8A 0 THICKER for 20" CIPP @ ($4.90 per 1.5 mm change) $ 5.00 $ .
I Furnish and install 21" CIPP lining, 9.0 mm
9 961.2 0 LF thick $ 61.80 $ -
MM Add for each 1.5 mm difference from 9.0 mm thick
9A 0 THICKER for 21" CIPP @ ($5.00 per 1.5 mm change) $ 5.50 $ .
I Furnish and Install 24" CIPP lining, 9.0 mm
10 961.2 LF thick $ 61.50 $ -
MM Add for each 1.5 mm difference from 9.0 mm thick
10A 1 THICKER for 24" CIPP @($6.00 per 1.5 mm change) $ 6.00 $ .
I Furnish and install 30" CIPP lining, 12.0
11 961.2 0 LF mm thick $ 94.10 $ .
MM Add for each 1.5 mm difference from 12.0 mm thick
11A 0 THICKER for 30" CIPP @ ($6.00 per 1.5 mm change) $ 7.00 $ -
I Furnish and install 36" CIPP lining, 13.5
12 961.2 LF mmthick $ 117.90 $ .
MM Add for each 1.5 mm difference from 13.5 mm thick
12A 0 THICKER for 36" CIPP @ ($5.50 per 1.5 mm change) $ 8,00 $ .
I Furnish and install 42" CIPP lining, 13.5
13 961.2 0 LF mm thick $ 126.10 $ .
MM Add for each 1.5 mm difference from 13.5 mm thick
13A 0 THICKER for 42" CIPP @ ($6.40 per 1.5 mm change) $ 8.00 $ .
I I Furnish and install 48" CIPP lining, 15.0
14 961.2 0 LF mm thick $ 173.40 $ .
MM Add for each 1.5 mm difference from 15.0 mm thick
14A 0 THICKER for 48" CIPP @ ($16,60 per 1.5 mm change) $ 15.00 $ .
j Furnish and install 54" CIPP lining, 21.0
15 961.2 0 LF mm thick $ 238.60 $ .
I
." TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 200'7
I PA#: $ . I
'item Spec I :~. Est. Units Description ! Unit Prices i Tota'l 1
No. No. Qty. I Pri~e
MM Add for each 1.5 mm dIfference from 21.0 mm thick I
15A THICKER for 54" CIPP @ ($18.90 per 1.5 mm change) I $ 20.00 $ -
Pipe Bursting 3" - 4" Service Lateral to 4,5" i
00 SOR 19, HOPE (0' - 4' Deep) 3" - 8"
Sewer Service lateral to 4.5", 6.625", 9,05"
00 SOR 19, HOPE or 6" or 8" PVC SOR35 I i
16 931 0 LF Conforminq to ASTM 03034-74 (All Depths) $ 36.00 I $ .
Adjust/Reset Manhole Frame and 32" Oia ! !
22 966 I .
0 EA Cover, Up to One Foot $ 690,00 $ . I
Adjust/Reset Manhole Frame and 32" Dia
23 962 0 VF Cover, (Item 23), Excess Over Foot $ ~ B6.00 $ .
Lateral Connection (OFW Flexible Saddle to
32 963.1 0 EA PVC) @ 8" - 12" HDPE, (0' - 4' Deep) $ 860,00 $ .
Lateral Connection (DFW Flexible Saddle to
33 963.1 0 EA PVC) @ 8" -12" HOPE (4' - 8' Deep) $ 1,065,00 $ .
Lateral Connection (DFW Flexible Saddle to
34 963,1 0 EA PVC) @ 8" -12" HOPE, (8' - 12' Deep) $ 1,330.00 $ ~
Lateral Connection (DFW Flexible Saddle to
35 963.1 0 EA PVC) @ 8" -12" HOPE, (12' -16' Deep) $ 1,600.00 $ I
Lateral Connection (OFW Flexible Saddle to
36 963.2 0 EA HDPE) @ 8" - 12" HOPE, (0' - 4' Deep) $ 855,00 $
~ ."',.v_"_
Lateral Connection (DFW Flexible Saddle to
37 963.2 0 EA HOPE) @ 8" -12" HOPE, (4' - 8' Deep) $ 1 ,065.00 $ .
Lateral Connection (OFW Flexible Saddle to !
38 963.2 0 EA HDPE) @ a" - 12" HDPE, (8' - 12' Deep) . $ 1,330,00 $ .
Lateral Connection (DFW Flexible Saddle to
39 963.2 0 EA HDPE) @ 8" -12" HDPE, (12' - 16' Deep) $ 1,600.00 $ .
Reconnect existing services using robotic
44 963.4 0 EA internal cutter $ 175,00 $ .
45 963.5 EA Hammer Tap Removal $ 210.00 $ .
Lateral Connection Deemed Inactive (0' - 4' I !
46 964 0 EA Deep) $ 760,00 $ .
Lateral Connection Deemed Inactive (4' - 8' I
47 964 0 EA Deep) $ 1,065,00 $ .
Lateral Connection Deemed Inactive (8' - 12'
48 964 0 EA Deep) $ 1,220,00 $ -
Lateral Connection Deemed Inactive (12'-16' ,
49 964 0 EA Deep) i $ 1,540.00 $ .
-
50 965 0 LF CCTV and Light Clean 8" - 21" Dia pipe $ 3,50 $ .
51 965 LF CCTV and Light Clean 24" - 54" Dia pipe $ 8,50 $ .
52 965.1 LF Tuberculation Removal 8" - 12" Diameter $ 20.00 $ -
53 965.1 0 LF Tuberculation Removal 14" - 18" Diameter $ 25,00 $ .
54 965.1 LF Tuberculation Removal 20" - 24" Diameter $ 31,00 $
---.--
55 965.1 LF Tuberculation Removal 27" - 42" Diameter $ 35,00 $
56 966 LF Bypass Pumping - 1 a" - 21" pipe $ 18,50 $
59 966 LF Bypass Pumping - 24" - 36" pipe ' $ 56.00 $
62 966 0 LF Bypass Pumpinq - 42" - 54" pipe $ 95,00 $
68 408-4 0 CY A-3 Soil Backfill $ 18,20 $ _:~
69 408-8 0 CY Flowable Fill $ 121,10 $
70 427.1 0 EA Type "A" Manhole 0' - 4' Deep) $ 2,625,00 $
, 71 427.1 0 EA Type "A" Manhole 4' - 6' Deep) ,$ 3,190,00 $
---
I 72 427.1 0 EA Type "A" Manhole 6' - 8' Deep) ! $ 3.930,00 $
- - .---
;i
";
.l
. TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007
I \ PA #: $ . -
- Jn~:r ,v~f(r ":~~ >"",1'9'{;' "'~flt.;',Cl!iseHptl6.n""'-';"" . 'l1nlt'p"~fj$ ..-. 'TO~'''~'f,-i
No,. ,[No... t!lQ:.'Q,~. - ...." . Pi'I.e$
73 427.1 0 EA Type "A" Manhole 8' - 10' Dee)) $ 4,660.00 $ .
74 427.1 0 EA Type "B" Manhole 0' - 4' Deep $ 3,630.00 $ .
75 427.1 0 EA Type "B" Manhole 4' - 6' Deep $ 4,675.00 $ .
76 427.1 0 EA Type "B" Manhole 6' - 8' Deep $ 5,525,00 $ .
77 427.1 0 EA Type "B" Manhole 8' - 1 0' Deep) $ 6,160.00 $ .
Connection to Existing Manhole 6" Service
94 427.4 0 EA Lateral $ 160.00 $ .
95 428.1 0 LF SewerPiping6"-12",PVC(O'-4'Deep) $ 61.00 $ -
96 428.1 0 LF Sewer PipinQ 6" -12", PVC (4' - 8' Deep) $ 106.00 $ -
97 428.1 LF Sewer Piping 6" - 12", PVC (8' - 12' Deep) $ 133.00 $ _
98 428.1 0 LF SewerPiping6"-12",PVC(12'-16'Deep) $ 166.00 $ -
99 428.1 0 LF Sewer Piping 14" - 18", PVC 0' - 4' Deep) $ 101.00 $ -
100 428.1 0 LF Sewer PipinQ 14" -18", PVC 4' - 8' Deep) $ 133.00 $ -
101 428.1 0 LF Sewer Piping 14" -18", PVC 8'-12' Deep) $ 192.00 $ -
102 428.1 0 LF Sewer Piping 14"-18",PVC(12'-16'Deep) $ 230.00 $ .
Remove & Replace 6" - 12" PVC (0' - 4'
103 428.2 0 EA Deep) $ 1,510.00 $ .
Remove & Replace 6" - 12" PVC (4' - 8'
104 428.2 0 EA Deep) $ 1,910.00 $ .
Remove & Replace 6" - 12" PVC (8' - 12'
105 428.2 EA Deep) $ 2,440.00 $ -
Remove & Replace 6" - 12" PVC (12' -16'
1106 428.2 0 EA Deep) $ 2,975.00 $ -
Remove & Replace 14" -18" PVC (0' - 4'
107 428.2 0 EA Deep) $ 1,510.00 $ -
Remove & Replace 14" -18" PVC (4' - 8'
108 428.2 0 EA Deep) $ 1,910.00 $ -
Remove & Replace 14" - 18" PVC (8' - 12'
109 428.2 0 EA Deep) $ 2,440.00 $ .
Remove & Replace 14" - 18" PVC (12' - 16'
110 428.2 0 EA Deep) $ 3,080.00 $ .
Remove and Replace Lateral 6" PVC SDR35
111 428.4 0 LF ConforminQ to ASTM D3034-74 (0' - 4' Deep) $ 38.00 $ -
Remove and Replace Lateral 6" PVC SDR35
112 428.4 0 LF ConforminQ to ASTM D3034-74 (4' - 8' Deep) $ 45,00 $ -
Remove and Replace Lateral 6" PVC SDR35
Conforming to ASTM D3034-74 (8' - 12'
113 428.4 0 LF Deep) $ 66.00 $ .
Remove and Replace Lateral 6" PVC SDR35
Conforming to ASTM D3034-74 (12' - 16'
114 428.4 0 LF Deep) $ 83.00 $ .
115 428.6 0 LF Yard Piping - 4" $ 35,00 $ -
116 428.6 0 LF Yard Piping - 6" $ 38.00 $ .
117 441-1 0 SY SoddinQ $ 8.00 $ .
I Paving Removal $ Repair - Cross Cut &
Patch COJ Standard Case X Permanent
127 490-1 0 SY Pavement Replacement $ 65.00 $ -
'Remove and Replace Sidewalk (All Types &
136 491-1 0 SY Thickness) $ 82.50 $ -
~:: TASK SUMMARY I PRICING ESTIMATE.. CIPP UNIT PRICE CONTRACT.. 200'7'
r, PA #: -
$ .
1ltll1tr . 's,,~ Sc Est. UnIts .. ,Se.serl}3fIOh r Wt'llt Pt'i~es Total -
'., N" ,'flile. . No. Qty. I. P!,iQ~
Remove and Replace Driveway (All Types & !
137 491-2 0 SY Thickness) $ 85.50 $ .
Remove and Replace Curb & Gutter (All
138 491-3 0 LF Tvoes & Thickness) $ 22.00 $ .
140 6.12.5 LS Supplemental Work Authorization (SWA) $100,000.00 $ - .
7.3.16 Percent General Conditions 1,50% I
.," ',',:, ".'>..,,,: ,.,..<'
ESTIMATED T-oTAL CO-ST: $ -
... :.,:,,;;., IJ\:~W:.,;:;';. .~., ," L,',~ :;.;....;:..;\. ,:;,.:;:..,/, ..i,;'i . 7,
,
f @eQPy
Contract
for
Cured In Place Pipe (CIPP) Unit Price Construction
Between
JEA
and
Insituform Technologies, Inc.
JEA CONTRACT NUMBER: 82768
1'(
1
~
1.1. AGREEMENT [JEA-533]
1.1. AGREEMENT [JEA-530] "*'It
This Contract is made as of August 1, 2007 (the "Effective Date") between JEA, a body politic and
corporate existing under the Laws of the State ofFlorida ("JEA") and Insituform Technologies, Inc., a
corporation existing under the laws of Delaware ("Company" or "Contractor")
1.2. RECITALS [JEA-534}
1.2. 1. REClT ALS [JEA-531]
JEA desires the following Work be perfonned and Contractor desires to provide the Work. For purposes of
this Contract, "Work" means the supply of labor, necessary equipment, and installation for trenchless
rehabilitation to the gravity sewer system through the Cured in Place Pipe (CIPP) Unit Price Construction
method as further specified in Exhibit A, which is incorporated herein by reference. This Work will be
perfonned throughout the JEA service area.
Therefore,
1.3. CONSIDERATION [JEA-S35]
1.3.1. CONSIDERATION [JEA-532] 'It'lt'lt
F or the value received, the parties agree the Company will, at its own cost and expense, do 'the Work
required to be done and furnish the materials required to be furnished on said Work in accordance with the
Contract Documents, award therefore, now on file in the Office of the Chief Purchasing Officer of JEA, all
of which are bereby specifically made a part hereof by reference to the same extent as if fully set out herein
the total sum of Nine,MlIlion and 00/100 Dollars ($9,000,000.00) ("Maximum Indebtedness") at and for
the prices and on the terms contained in the Contract Documents and as specified in Exhibit B, which is
incorporated herein by reference.
1.4. SECTION TITLE: DEFINITIONS [JEA-511]
~
1.4.1. Definitions [JEA-C457]
Words and terms dermed in this section shall have the same meaning throughout all parts of the Contract
Documents. Where intended to convey the meaning consistent with that set forth in its dermition, a defined
word or term is marked by initial capitalization. The "Technical Specifications" part may def'me additional
words and terms where necessary to clarify the Work. Unless otherwise stated in the Contract Documents,
def'mitions set forth in the "Technical Specifications" shall apply only within the "Technical
Specifications. "
1.4.2. Definition: Acceptance [JEA-C221]
JEA's written recognition by the Contract Administrator that aU Work as specifled in the Contract has been
completed to JEA's reasonable satisfaction and in accordance with the Contract Documents. Approval or
recognition of the Company meeting a Milestone or interim step does not constitute Acceptanoe of that
portion of Work. Acceptance is only applicable to the entirety of Work as specified in the Contract
2
- .' .
1 Acceptance does not in anyway limit JEAls rights under the Contract or applicable laws, rules and
I
regulations.
1.4.3. Definition: Addendum/Addenda [JEA-C222]
A change or changes to the Solicitation issued in writing by the JEA Procurement Department and
incorporated into the Solicitation and Contract Documents.
1.4.4. Definition: Administrative Work [JEA-C223]
Actions primarily performed in an office environment and associated with preparing to perform or
administer the Work including, but not limited to, preparing Work schedules, obtaining bonds, e"ecuting
Contracts, securing resources and other actions specified in the Solicitation, or otherwise prudent to ensure
a timely, safe and otherwise compliant start and performance ofField Work, Administrative Work is not
performed at the Work Location.
1.4.5. Definition: Award [JEA-C22S]
The issuance of a Purchase Order by the JEA Proourement Department to the successful Bidder notifying
the Bidder that it has been authorized by JEA to perform the Work in accordance with the Solicitation. the
PO and the Contract Documents.
1.4.6. Definition: Bid Document [JEA-C226]
NOT USED
1.4.7. Definition: Bid or Proposal [JEA-C228]
NOT USED
1.4.8. Definition: Bid Price [JEA-C229]
NOT USED
1.4.9. Definition: Bid Section [JEA-C227]
NOT USED
1.4.10. Definition: Bidder or Proposer [JEA-C230]
NOT USED
1J.
1.4.11. Definition: Change Order [JEA':C231]
A written order issued by the JEA Procurement Department after execution of the Contract to the Company
signed by the Contract Administrator or his designated representative and authorizing an addition, deletion,
or revision of the Work, or an adjustment in the Contract Price or the Contract Time. Change Orders do not
authorize expenditures greater than the monies encumbered by JEA, which is shown on the associated
Purchase Order(s). An executed Change Order resolves all issues related to price and time for the work
included in the Change Order.
1.4.12. Definition: Company [JEA-C232]
The legal person, fInn, corporation or any other entity or business relationship with whom JEA has
executed the Contract. Where the word "Company" is used it shall also include, but is not limited to all of
its Subcontractors, suppliers, affiliates, and assigns.
3
) 1.4.13. Definition: Company Representative (JEA-C233]
The individual responsible for representing the Company in all activities concerning the fulfiilment and
administration of the Contract.
1.4.14. Definition: Company Supervisor (JEA-C234]
The individual, employed or contracted by the Company, to manage the Work on a day-to-day basis and
ensure the Work is performed according to the Contract. The Company Supervisor may be authorized by
the CQmpany Representative to act on Contract matters. Such authorization shall be in writing and
delivered to the Contract Auministtator and shall clearly state the limitations Qf any such authorization. In
the event that the Company Supervisor and the Company Representative are the same person, the Company
shall notify the CQntract AdministratorQf such situation.
1.4.15. Definition: Contract [JEA-C235]
The agreement between the Company and JEA as evidenced by this Contract and Exhibit A, Exhihit B and
Exhibit C.
1.4.16. Definition: Contract Administrator [JEA-C236]
The individual assigned by JEA to have authority over the Contract, including the authority to negotiate all
elements of the Contract with the Company, authorize Change Orders within the maximum amount
awarded, terminate the Contract, seek remedies for nonperformance including termination, and otherwise
act on behalf of JEA in all matters regarding the Contract. The Con1ract Administrator may authorize JEA
Representative in writing to make minor changes to Field Work with the intent of preventing Work
disruption.
1.4.17. Definition: Contract Documents [JEA-C237]
Contract documents means the Contract and any written Change Orders, amendments or Purchase Orders
executed by JEA.
1.4.18. Definition: Contract Price lJEA-C238]
The total amount payable to the Company under the Contract, as set forth in Exhibit B.
1.4.19. Definition: Contract Time [JEA-C239]
The number of calendar days, the period of time, or the date stated in the Contract, or otherwise agreed
upon by the parties in writing, from the PO issue date to planned date of Acceptance.
1.4.20. Definition: Customer Service Plan [JEA-C241]
The Company's plan to achieve customer satisfaction requirements as determined by JEA and TEA Project
Outreach, which shall include, as a minimum, the name and office phone number, cell phon~number, email
address, Nextel Direct Connect number, and fax number of Company's Customer Service Representative, a
detailed flow chart on how the Company will handle customer concerns, preemptive customer satisfaction
control measures (such as door hangers provided by JEA, and neighborhood meetings in conjunction with
JEA staff) and a pIan to reduce the number of customer concerns surrounding construction Work
addressing, as a minimum, the construction practices that will eliminate damage to customers' property
including, but not limited to, cracked driveways, tire ruts in customers' yards, blocking customers' access to
driveways, cutting customers' services during tie-in, excessive noise from construction equipment, and
elimination of dust during construction Work.
1.4.21. Definition: Defect [JEA-C242]
Work that fails to meet the requirements of any required test, inspection or approval, and any Work that
meets the requirements of any test or approval, but nevertheless does not meet the requirements of the
Contract Documents.
4
~.'
i 1.4.22. Definition: Equal Item [JEA-C243]
Item a Bidder chooses to offer in place of offering the brand name or manufacturer's item specified on the
Bid Document when the Bid Document clearly states that the Bidder may offer such an item.
1.4.23. Definition: Ex Parte Communication [JEA-C244]
NOT USED
1.4.24. Definition~ Final Completion [JEA-C246]
The point in time after JEA has Accepted the Work and the Company has fulfilled all requirements of the
Contract Documents.
1.4.25. Definition: Holidays [JEA-C247j
The following days: New Year's Day, Martin Luther King's Birthday, Presidents' Day, MemorialDay,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve,
and Christmas Day . .
1.4.26. Definition: Informalities [JEA-C248]
NOT USED.
1.4.27. Definition: Invoice [JEA-CZ49]
A document seeking payment to Company from JEA for all or a portion of the Work, in accordance with
the Contract Documents, and including ,at a minimum the following items: the Company name and address,
a description of the product(s) or service(s) rendered, a valid .TEA PO number, the amount payable, the
payee name and address, any associated JSEB forms and any other supporting documentation required by
the Contract Documents.
~ 1.4.28. Defmition: JEA [JEA-C250]
JEA on its own behalf.
1.4.29. Definition: JEA Engineer [JEA-C251}
The individual assigned by JEA (either an employee or a third party) to provide licensing, engineering,
design review, and/or construction management including, but not limited to, overseeing and resolving
engineering/design issues, conveying JEA's instructions to the Company and enforcing the faithful
performance of the Work. The JEA Engineer's authority includes interpreting the technical portion of the
Contract Documents, deciding on matters relating to the execution and progress of the Work and evaluating
the Company's performance. The JEA Engineer may stop the Work when deemed necessary by JEA. The
JEA Engineer will receive and adjudicate any claim of ambiguity or error in the technical portion of the
Contract Docwnents and shall reduce any detennination to writing, and the decision shall be ~nal and
binding. The JEA Engineer is not a party to the Contract. The JEA Engineer has no authority 0 approve
changes to the Work or Contract, or to commit JEA to any expenditure of money except as expressly
designated in writing by the Contract Administrator.
1.4.30. Definition: JEA Inspector [JEA-C252]
The individual(s) or Company(ies) designated by the Contract Administrator to inspect and test the
Company's performance and Contract compliance including materials, workmanship, safety, environmental
compliance, JSEB compliance, project controls, administration and accounting, and other aspects of
Contract compliance. The JBA Inspector has no authority to approve changes to,the Work or Contract, or to
comniit JEA to any expenditure of money except as expressly designated in writing by the Contract
Administrator.
1.4.31. Definition: JEA Representatives [.JEA~C253]
The Contract Administrator, Contract Inspector, Contract Administrator's Representative, JEA Engineer,
Field Engineer, Proj ect Manager, and other persons designated by the Contract Administrator as JEA
5
\
" Representatives acting in a capacity related to the Work or Contract under the authority of the Contract
Administrator.
1.4.32. Definition: Overtime [JEA-C256]
Work approved in writing by the Contract Administrator that is required to be performed beyond an
employee's scheduled workday or work week, including Work perfonned on Holidays.
1.4.33. Definition: Payment and Performance Bond [JEA-C257]
The common-law Performance Bond and the statutory Payment Bond contemplated by Section 255.05,
Florida Statutes in the fonn required by JEA.
1.4.3il. Definition: Performance - Acceptable PerformancelPerformer [JEA-C2S8]
The Company averages more than 2.80 and less than 4.0 across all performance scorecard evaluation
metrics, and does not receive a score of less than 2.0 on any metric.
1.4.35. Definition: Performance - Top PerformanceJPerformer (JEA-C259]
The Company averages 4.0 or more across all scorecard evaluation memes and does not receive a score of
less than 4.0 on anyone metric. Continuous performance for six months or more at Top Performance, or
intermittent performance on at least threo Contracts performed over at least a six-month period at Top
Performer levels, qualifies the Company for designation as a JEA Blue Ribbon Vendor. JEA Blue Ribbon
Vendors receive special promotional recognition from JBA.
1.4.36. DefInition: Performance - Unacceptable PerformanceJPerformer [JEA-C2601
The Company averages less than 2:80 across all scorecard evaluation metrics, or scores a 1.0 on anyone
metric regardless of average, or receives a score of 2.0 on the same metric on two sequential performance
evaluations.
1.4.37. Definition: Price Bid [JEA~C2621
A written number representing the total cost to the Owner if accepted.
1.4.38. Definition: Purchase Order (PO) [JEA-C263]
A Work authorization document issued by the JEA Procurement Department with the words "Purchase
Order" clearly marked across the top, a PO number used for reference shown on the front, a description of
the Work or a listing of the applicable Contract Docurnents, an authorized JEA signature and stating the
amount of lawfully authorized funds. Purchase Orders are the only documents that authorize changes to the
total amount authorized on the Contract.
1.4.39. Definition: Qualification Statement [JEA-C264] r"
A written statement describing the Company's and/or product's ability to meet the requirements of the
Solicitation. A Qualification Statement is submitted either ahead of or along with a Price Bid.
1.4.40. Definition: Quality Assurance [JEA-C265]
Actions that JEA takes to assess the Company's perfonnance under the Contract.
1.4.41. Definition: Quality Control [JEA-C266]
Actions that the Company takes to ensure it successfully completes the Work in full accordance with the
Contract Documents.
1.4.42. Definition: Shop Drawings [JEA-C269]
Drawings, electronic and hard copy, that detail the fabrication, erection, layout and setting drawings;
manufacturer's standard drawings; schedules; descriptive literature, catalogs and brochures; performance
and test data; wiring and control diagrams; aU other drawings and descriptive data pertaining to materials,
equipment, piping, duct and conduit systems, and method of construction as may be required to show the
6
\, JEA Engineer that the proposed materials, equipment or systems and the position thereof are in compliance
~
J
with the requirements of the Contract Documents.
1.4.43. Definition: Solicitation [JEA-C270]
The document (which may be electronic) issued by the JEA Procurement Department to solicit Bids or
Proposals from Bidders that includes, but is not limited to, the Bid Document, Contract Documents arid"
Addenda.
1.4.44. Definition: Subcontractor [JEA-C271]
A provider of services performing Work under contract for the Company.
1.4.45. Definition: Substantial Completion [JEA-C272]
The time when JBA determJnes that the Work (or a specified part thereof) is sufficiently complete to be
utiUzed for the purposes for which it is intended or ready for JEA or other contractors to perform
subsequent portions of the Work. Recognition of the Work as Substantially Complete, as evidenced by
issuance of a Certificate of Substantial Completion, does not represent JEA's Acceptance of the Work.
1.4.46. Definition: Summary'Schedule [JEA-C273]
A diagram displaying the Milestones for the Work graphically positioned on a timeline, showing at a
minimum the calendar dates on which oach Milestone is scheduled to be completed for Acceptance.
1.4.47. Definition: Term [JEA-C274]
The period of time dUring which the Contract is in force, from formal notice of Award to Final Completion,
, or termination. In some cases, and as expressly stated, some of the Contract requirements may extend
beyond the Term of the Contract.
1.4.48. Definition: Unit Prices [JEA-C275]
The Bidder's charges, rounded to the nearest cent, to JEA for the performance of each respective unit of
Work as defined on the Bid Documents for all items required for successfully performing the Work through
Acceptance.
1.4.49. Definition: Work. [JEA-C276]
Actions, products, documentation, electronic programs, reports, testing, transport, administration, ,
management, services, materials, tools, equipment, and res.ponsibilities to be furnished or pef.lformed by the
Company under the Contract, together with all other additional necessities that are not specifically recited
in the Contract Documents, but can be reasonably inferred as necessary to complete all obligations and
fully satisfy the intent of the Contract, as further described in Section 1.2.1 and Exhibit B.
1.4.50. Definition: Work Location [JEA-C277]
The place or places where the Work is performed, excluding the properties of the Company and/or the
Subcontractor(s).
7
1.5 SECTION TITLE: ACCEPTANCE [JEA-S12]
1.5.1. Acceptance of Work - After Receipt, Inspection, Usage and Testing [JEA-C279] ***
The Contract Administrator will make the determinati90 when Work is completed and Accepted by JEA.
Acceptance will be made by JEA only in writing, and after adequate time to ensure Work is performed in
accordance with Contract Documents. JEA will reject any items delivered by Company that are not in
accordance with the Contract, and shall not be deemed to have accepted any items until JEA has had
reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent
defect in the items has become apparen.t. JEA may partially accept the Work items. If JEA elects to accept
nonoonformil;1gitems, it may in addition to other remedies, be entitled to deduct a reasonable amount from
the price as compensation for the nonconformity. Any Acceptance by JEA, even if non-conditional, shall
not be deemed a waiver, or settlement or acceptance of any Defect.
Speoifically, the following items shall be required prior to Acceptance:
. Post construction video and delivery of As-Builts
1.6. SECTION TITLE: PRICE & PAYMENTS [JEA-513]
1.6.1. Certificate of Contract Completion and .FinaI Payment [JEA.C281}
The Company shall complete and subm:it to JEA the Certificate of Contract Completion as notice that the
Work, inclUding the correction of all deficiencies, is complete. By submitting the certificate, the Company
certifies the following:
that the Work has been satisfactorily completed;
that no liens bave attached against the property and improvements of JEA;
that no notice of intention tei claim liens are outstanding;
that no suits are pending by reason oithe Work;
that all workers' compensation claims known to the Company have been reported to JEA;
that the surety provides a release; and
that no public liability claims are pending.
The Company shall submit its fmal Invoice with the completed Certificate of Contract Completion. JEA
shall make f"mal payment on the Contract in accordance with the provisions of the Contract.
1.6.2. Invoicing and Payment Terms and Retainage [JEA-C282] 'I'
The Company shall submit all Invoices or Applications for Payment using JEAts prescribed forms and
format and in accordance with the payment method agreed upon in these Contract Documents. JEA will
pay the Company the amount requested within 30 calendar days after receipt of an Invoice from the
Company subject to the provisions stated below.
JEA may reject any Invoice or Application for Payment within 20 calendar days after receipt. JBA will
return tbe Invoice or Application for Payment to the Company stating the reasons for rejection. Upon
receipt of an acceptable revised Invoice or Application for Payment, JEA will pay the Company the revised
amount within 10 days.
JEA may withhoid payment if the Company is in via ladon of any conditions or terms of the Contract
Documents.
As additional security for the proper performance of the Work, JEA may deduct 10% retain age, Of such
other amount allowable pursuant to Florida law, from the amount stipulated in the Invoice or Application
8
.. .
..
"
j for Payment and accepted by JEA as eligible for payment.
In the case of early termination of the Contract, all payments made by JEA against the Co~tract Price prior
to notice of termination shall be credited to the amount, if any, due the Company. If the parties determine
that the sum of all previous payments and credits exceeds the sum due the Company, the Company shall
refund the excess amount to lEA within lO days of determination or written notice.
1.6.3. Jacksonville Small. and Emerging Business (JSEB) - Invoicing and Payment [JEA-C291}
If the Company utilizes JSEB certified firms, regardless of whether these Contract Documents require or
encourage the use of such finns, the Company shall Invoice for and report the use of JSEB certified firms
according to the format and guidelines set forth in the Contract Documents.
1.6.4. Payment and Performance Bond [JEA-C284)
Within 10 days of,signing the Contract, the Company shall furnish a Payment bond and Performance bond
in the amount specified in Exhibit B, Two Million and No/100 Dollars ($2,000,000.00), made out to JBA in
forms and formats approved and provided by reA, as security for the faithful performance of the Work of
Contract. JEA will send the approved bond forms to the Company for execution along with the Contract,
however, in no case shall the date on the bond forms be prior to that of the exeouted Contract. The surety
must be authorized and licensed to transact business in Florida. A fully executed Payment bond and
Perfonnance bond must be reoorded with the Clerk of Duval County Court and delivered to JEA before
Work commences. If the Company fails or refuses to furnish or record the required bonds, JEA will retain
the Company's bid bond as Hquidated damages.
1.6.5. Payment Method - Upon Delivery & Invoice [JEA-C455]
, Company shall invoice J:EA upon delivery and acceptanoe of the Work. Invoices may be submitted for each
delivery, or on a monthly basis for deliveries that occurred during the month.
1.6.6. Price Adjustment - Annual [JEA-CZ90]
Unless the Company and JEA make other agreements, the annual prioe adjustment for the second and
subsequent years of the contract shall be in accordance with the consumer price index for all urban
consumers published monthly by the U.S. Department of Labor, Bureau of Labor Statistics. The index used
will be the unadjusted percent change for 12 months after Award. In the event the applicable price index
publication ceases, the Company and .TEA shall mutually agree on a replacement index. If the Company
and JEA fail to agree on a replacement index, the Contract shall terminate 90 days following the end of the
. then current fiscal year. J',
1.6.7. Prompt Payment to Subcontractors and Suppliers [JEA-C419]
When the Company receives payment from JEA for labor, services or materials furnished by
Subcontractors and suppliers that are hired by the Company, the Company shall remit payment due (less
proper retain age) to those Subcontractors and suppliers within 15 days after the Company's receipt of
payment from JEA. Nothing herein shall prohibit the Company from disputing, pursuant to the terms
hereof, all or any portion of a payment alleged to be due to its Subcontractors and suppliers. In the event of
such dispute, the Company may withhold the disputed portion of any such payment only after the Company
bas provided written notice to JEA and to the Subcontractor and supplier whose payment is in dispute,
stating the amount in dispute and specifically describing the actions required to cure the dispute. The
Company shall deliver sucb notice to JEA and to the said Subcontractor or supplier within 10 days
following the Company's receipt of payment from JEA. The Company shall pay all undisputed amounts
due within the time frames specified herein.
9
~ The prompt payment requirements herein shall, in no way, create any contractual relationship or obligation
between JEA and any Subcontractor. supplier, JSEB, or any third-party, nor create any JEA liability for the
Company's faHure to make timely payments as required. The Company's failure to comply with the prompt
payment requirements, however, shall constitute a material breach of its contractual obligations to JEA. As
a result of such breach, JEA, without waiving any other available remedy it may have against the
Company, may issue joint checks and charge the Company a 0.2% daily late payment interest charge or
charges as specified within the Florida Statutes, whichever is greater.
1.6.8. Taxes [JEA-C292]
JEA is authorized to self-accrue the Florida Sales and Use Tax (Direct Payment Certificate Number 0138)
and is exempt from Manufacturer's Federal Excise Tax when purchasing tangible personal property for its
direct consumption.
When the Company is performing repairs, alterations, improvements or construction to JEA's real property
under a lump sum, cost-plus, fixed fee or not-to-exceed Contract, the Company is the end-user and shall
pay applicable taxes. In the event the Work is exempt from Florida Sales and Use Tax due to performance
for multifuel generation facilities, .TEA will provide the Company affidavit of such and the Company shall
not include the price in its Bid.
Tne Company shall pay all applicable Florida Sales and Use Taxes as if it is the ultimate consumer in the
event that the Work involves repairs, alterations, improvements or construction on JEA real property.
Certain multifuel generation assets are exempt from Florida Sa.les and Use Taxes in accordance with
Florida Statutes. In such cases, JEA will provide an affidavit of such for use in making nontaxable
purchases.
1.7. SECTION TITLE: PERFORMANCE [JEA-S14]
1.7.1. Applicable Standards and Codes [JEA-C280] HI<
The latest rules and regulations of the following organizations shall be considered a part of these Contract
Documents. The Company shall perform all Work in strict accordance with applicable provisions thereof:
. Any rules and regulations as referred to in the Technical Specifications, Exhibits A and C hereto,
and in the JEA Water & Sewer Standards Manual
1.7.2. As-Built Drawings [JEA-C293J
f
The Company shall record and keep current during the progress of the Work, as-built inforrr!ation. Upon
comp letion of the Work and prior to fmal payment, the Company shall furnish to the JEA Engineer an
electronic fIle and a reproducible Mylar set of as-built drawings accurately representing the actual Work as
installed, erected, or constructed and prepared in accordance with the JEA Contract Performance Manual.
The Company's submitted as-builts shalI incorporate all Addenda, Change Orders and all requirements with
respect to the drawings specified within these Contract Documents and within the JEA Contract
Performance Manual. As-built drawings shall be accompanied by a transmittal letter, signed by an officer
of the Company, stating that the as-built drawings are a correct and accurate depiction of the Work
perfonned.
1.7.3. Care of JEA Customers [JEA-C295]
The Company agrees to provide excellent service to customers of JEA services throughout the execution of
the Work during both scheduled Work hours and Overtime in accordance with the provisions set forth in
the JEA Contract Performance Manual.
10
f:
- ~
,
If the Company fails to provide the customer service requirements stated within the Contract Documents
and/or within the JEA Contract Performance Manual, JEA may require the Company to appear before
JEA's Company Performance Review Board, pursue additional remedial actions, terminate the Contract,
and suspend Company from JEA's Responsible Bidder's List in all categories for a period not to exceed one
year.
1. 7.4. Commercial Activities on the Work Location [JEA-C296]
The Company shall not establish any commercial activities, or issue concessions or penuits of any kind to
third parties to establish commercial activities on lands owned or controlled by mA, or within the
boundaries of the Work Location. The Company shall not allow its employees to engage in any commercial
activities on the Work Location. .
1. 7.5. Company Laydown Area [JEA-543]
In the event tbe Company decides to utilize public or private property as a laydown area, the Company
sb~ll enter into a written agreement with the entity who owns the property. JEA shall have access to all
laydown areas. Upon submission of Company's first Invoice or application for payment to JEA, the
Company shall provide to JEA a copy of such signed written agreement. the Company shall submit to JEA
a letter of release from the entity in connection with Companys final Invoice or application for payment to
JEA.
1.7.6. Company Representatives [JEA-C2.98]
The Company shall provide JEA with the name and responsibilities of the Company Representative, in
writing after A ward of the Contract and before starting the Work under the Contract. Should the Company
need to change the Company Representative, the Company shall promptly notify JEA in writing of the
change.
1.7.7. Company's Documents at the Work Location [JEA-C299]
The Company shall maintain at the Work Location for JEA one record copy of all Contract Documents in
good order and marked currently to record all Addenda and changes made during Contract Term. These
shall be available to JEA Representatives and shall be delivered to the Contract Administrator upon
completion of the Work and at the request of the Contract Administrator.
The Company shall also maintain detailed records of the Work for its own files. The Company shall make
these records available to JEA for inspection upon request. The Company shall maintain sucp. records for
three years after date of Final Completion. J'
1.7.8. Company's Field Office [JEA-C300]
The Company shalT provide its own office facilities at the Work Location, as required. Unless specifically
listed herein, JEA provides no Work Location facilities or Work Location area for the Company facilities
of any kind such as field office and material storage. If the Company establishes a Work Location-based
office, the Company shall provide and maintain adequate telephone facilities at this office during the full
Term of the Contract If the Company has a local business office, this office may serve as a Work Location
office for this Contract, but the Company must maintain an operational cellular phone at the Work Location
while performing Work.
1.7.9. Compliance With Referenced Specifications [JEA-C30Z]
All Work, materials, systems or operations specified by reference to standard trade specifications or to
11
manufacturer's published specifications shall comply with the requirements of the referenced specifications,
ex.cept as modified by the requirements of this Contract. The referenced specification used shaIl be the
latest published edition that is in effect on the effective date of this Contract unless a particular edition is
specified. In case of a conflict, the specifications that contain the more stringent requirem.ents will govern.
1.7.10. Disposition of Salvable Material [JEA-C305]
All material to be removed from the Work Location, relocated or salvaged, shall be inspected by the JEA
Engineer immediately prior to removal, and the JEA.Engineer's decision as to the salvageability shall be
fmal. Such material that is salvable, in the opinion ofilie JEA Engineer, shall be stored at the Work
Location on-site by the Company, as and where directed by the JEA Engineer, or delivered to a location as
directed. Undor no circumstances may existing structures, plant or facilities be removed or demolished
without obtaining prior written approval from the iliA Engineer.
1.7.11. Emergency Events [JEA-C306}
In the event that a system-wide emergency arises during the Tenn of this Contract for which JEA requires
assistance from the Company including, but not limited to, severe stonns, large-scale fIres, floods, and
terrorist attacks, the Company acknow ledges the importance of JEA infrastructure and agrees to support,
with all its resources, skills and capabilities, and the maximum extent possible, all restoration efforts of
JEA. The Contract Ad.miIllstrator shall notify the Company when an emergency event occurs and the
Company agrees to mobilize its full resources immediately. In the event conditions are such that an
emergency event is likely in progress, but the Company has not been notified by the Contract
Administrator, the Company shall make all efforts to contact aJEA Representative to determine if and haw
it should respond. JEA agrees to reimburse the Company for its actual costs incurred, plus overhead and
profit, the total not exceeding 12%, and anyone-time expended cost incurred as a result of supporting JEA
during the emergency event.
1. 7.12. Emergency Procedures [JEA-C307]
In emergencies affecting the safety of persons, the Work or property at the Work Location or any other area
adjacent thereto, the Company, without special instructions or authorization from JEA Representatives, is
obligated to act to its best ability, to prevent threatened damage, injury or loss to the Work, any persons, or
property. The Company shall give the Contract Administrator prompt written notice describing the
emergenqy, its cause, actions taken, injuries and casualties, property damage, other damages, and impact on
continued performance under this Contract.
1.7.13. Encroachments on Rights or Property [JEA"C308I
".
The Company shall be solely responsible for any encroachments on public property or on the rights or
property of adjoining property owners to the Work Location, and shall hold JEA harmless because of any
encroachments that may result because of the Company's improper layqut. In this regard, the Company
shall, without extra cost to JEA, remove any Work or portion of any Work that encroaches on the property
other than that of the Work Location, or that is built beyond legal building or setback limits. The Company
shall rebuild the affected Work or portion of Work at the proper location and in full compliance with the
Contract Documents.
1. 7.14. Inspections and Testing [JEA-C310]
The Company understands and agrees that JEA shall have the right to inspect the Work at anytime and for
any reason at the Work Location in accordance with the provisions set forth in the JEA Contract
Performance Manual. JEAts inspection of the Work, or any work site observations, notices or assumptions
of the worksite duties, or JEA's failure to inspect or observe the Work, will not relieve the Company of its
obligations under the Contract, nor will such JEA actions or inactions be construed as Acceptance of the
12
::1
} Work.
If any applicable law, rule or regulati on requires Wark to specifically be. inspected, tested, or approved by
someone other than the Company, the Company shall give the Contract Administrator timely notice of
readiness. The Company shall furnish the Contract.A.dministrator the required certificates of inspection,
testing or approval. All such tests shall be in accordance with the methods prescribed by the American
Society for Testing and Materials or other applicable laws, rules and regulations. The Company shall pay
for all inspections and tests required by any applicable laws, rules or regulations that is perfonned by non-
JEA personnel.
Prior to Acceptance of the Work, all major equipment shall be subjected to operating field tests to
determine satisfactory functioning and operation. The equipment shall be operated by and at the expense of
Company. The Company shall submit to the Contract Administrator for approval, an outline of the test
sequence and a schedule indicating the estimated time required to complete the tests.
Unless otherwise provided in the Contract, Acceptance by JEA shall be made as promptly as practicable
after inspection of all Work required by the Contract Documents.
1.7.15. Interference With Existing Utilities [JEA-566}
The Company acknowledges and agrees that there is a possibility that existing JEA or other utility facilities
may cross and/or lie parallel to excavations in the area where Work will occur. Although JEA may indicate
recorded obstacles on the drawings, it does not wammt that other subsurlace obstacles do not exist. The
Company shall be responsible for verifying the data furnished by JEA and for fully investigating' and
locating additional obstructions including every type below, on or above the ground. The Company should
regard these impediments as normal to construction. All costs for performing such work shall not be paid
for separately, but shall be included in the Company's oosts on the Bid DocumeIit
, The Company shall comply with all requirements of the Sunshine State One-Call program.
In the event the Company en~ounters an unidentified utility during performance of the Work, the Company
shall promptly cease Work in the affeoted area and sh,all immediately notify the JEA Representative in
writing. JEA will investigate the area and propose remedial actions in accordance with the provisions stated
herein in "Changes to the Work" JEA-164.
The Company shall work in cooperation with JEA and representatives of existing utilities to pIan and
ooordinate putting new Work into service so as not to interfere with the operation of the existing utilities.
Such plans shall be adhered to unless deviations therefrom are expressly permitted in writing by the
Contract Administrator.
".
"
The Company shall at an times conduct the Work in a manner that inteneres as little as possible with the
existing utilities. Any cables exposed during construction, whether energized or not, must be handled and
protected as if they are energized. The Company shall so conduct its operations and maintain the Work in
such condition that adequate drainage shall be in effect at all times. The Company shall not obstruct
existing gutters, ditcbes and other runofffaci1ities. When working in the vicinity of overhead lines, the
Company shall request line rubber protection from JEA at least lO days in advance of performing the work.
The Company shall be solely responsible for any damages, interferences, and interruptions of service
caused to any utility's assets and services including water, sewer, electric, telephone, gas, cable, and other
utility services, that result from the Company's failure to fulfill the above stated requirements.
In the event the Company damages an existing utility, the Company shall immediately notify the property
owner, the owner of the damaged utility and the JEA Representative. Should the damage cause an
interruption of service, the Company shall be responsible for restoring service as soon as possible;
however, the Company sbaU not make repairs, other than any required to restore safe conditions, without
the approval of the property owner, or the owner of the damaged utility. The Company shall be responsib Ie
13
for coordinating any repair effort, and any associated costs should the utility owner or a licensed repair
contractor be required to make the repair. JEA reserves the right to deduct any unsettled claim amount from
Company's invoices until such time as the claim is satisfactorily resolved.
1.7.16. Interference With Other JEA Work or Other Companies [JEA-567]
The Company shall perfonn the Work in a manner that minimizes the interference with other JEA work,
City of Jacksonville work, or with work performed by other companies. The Company shall coordinate the
Work with other persons and companies employed by JEA. If a difference of opinion regarding scheduling
or coordination of the Work arises between the Company and another JEA contractor(s) performing work
at the Work Location, JEA may arbitrate the matter. In such cases where JEA makes a decision regarding
the scheduling or coordination of the work, the Company agrees to fully abide by JEA' s decision. Unless
otherwise agreed in writing by JEA, JEA will not be responsible for additional costs.
Any claims arising against the Company from damages to other companies' work, equipment, machinery,
tools or other property shaH be settled directly between the Company and the other companies involved.
JEA will not, in any way, be a party to arbitrating or mediating any such disputes, nor shall JEA be
responsible for any costs associated with such disputes.
1.7.17. Interference with Railroads rJEA-562]
The Company shall not build across, into, over or under, either temporarily or pennanently, any portion of
a railway or railway right-of-way without first obtaining all required permits. If the Company's operations
render any railroad unsafe, the Company shall immediately notify the Contract Administrator, and the
railroad owner and take appropriate actions and such temporary safeguards as required to protect life, limb,
and property, and to maintain orderly traffic.
The Company shall procure all railroad permits required for the Work beyond those procured by JEA and
the costs for such permits shall be included in the Bid Documents. All costs associated with railroad fees
for railroad flagmen, watchouts, inspectors, supervisors, any additional training of Company's employees
that is required by applicable laws, rules and regulations when performing Work in association with
railways, any certifications required for successful completion of the Work and all other associated costs
shall be included in the Bid Document.
1. 7.18. Interruption of Service {JEA-C312)
The Company shall not operate any valves, nor otherwise interrupt water and/or sewer service, without first
obtaining permission from the JEA Engineer. The JEA Representative shall be present during any
interruption of service.
'/'
Tfthe Company must shut down a main or portion of a main, thereby causing an interruption of water
service, the Company shall provide the lEA Engineer with the following information, in writing, a
minimwn of four days in advance of any anticipated interruption of service:
Date and time of outage.
Purpose of the outage.
Map of the area to be affected by the outage.
Letter stating all offices, businesses, and residents have been or will be notified by Company at least four
days in advance of the outage (unless JEA chooses to issue such notification).
The Company is not authorized to proceed with requested Work without prior written notice from JEA
Engineer that such actions are approved,
In the event of a major emergency that endangers life or property, the Company may take immediat~ action
before notifying JEA. In all cases, however, JEA shall be notified in writing at the earliest opportumty
14
t after addressing the emergency.
1.7.19. JEA Project Security Program [JEA-S98]
The JEA Project Security Program establishes a coordinated security program and l!oSsign.s specific security
responsibilities for which the Company and/or its Subcontractors shall be responsible at while performing
construction services at existing lEA facilities and upon the substantial completion of new facilities. The
programs objectives are 1) to direct all project security activities toward a single goal--no breaches, thefts
or vandalism, and 2) to ensure effective coordination and communication of all project security activities
with JEA Security.
In general, the Company shall provide on-site JEA security personnel at any time the facility's perimeter is
unsecured, including but not limited to, alarms disabled, fences or gates down, traffic flows that require
gates to be opened repeatedly anellor for more than one hour of the work day. The Company shall schedule
security personnel through JEA Security. Where existing lighting is disabled or otherwise impacted by the
Work, the Company shall provide temporary lighting equal to or exceeding that which exists.
Further, the Company shall be responsible for complying with all applicable provisions of Chapter 12
"Security Program" of the JEA Contractor Safety Management Process Safety Requirements, a copy of
which may be obtained from: William Bland, Manager, JEA Security, (904) 665-6070, blanwl@iea.com.
1.7.20. Licenses [JEA-C314]
The Company shall comply with all licensing andlor certification requirements pursuant to applicable laws,
rules and regulations. The Company shall secure all licenses as required for the performance of the Work
and shall pay all fees associated with securing them. The Company shall produce written evidence of
licenses !qld other certifications immediately upon request from JEA.
,
1.7.21. Limitation of Accllracy ofInformational Materials [JEA-568]
For all drawings, test results, inspections, and other informational materials included as part of the Contract
Documents, the Company understands and agrees that any existing facilities shown, including
underground, overhead, and surface structures, and other delirieations, imd any other informational items
provided as part of the Contract Documents are for reference only and are not to be used by the Company
as the only indication of Work conditions.
1.7.22. Maintenance of Traffic (MOT) [JEA-564]
The Company, when required by the governing agency such as the City of Jacksonville or the Florida
Department of Transportation (FDOT), shall maintain traffic in accordance with an approved-Maintenance
of Traffic (MOT) plan ("MOT Plan ") submitted by the Company, on streets, roads, private ways, and
walks. The Company shall assume full responsibility for the adequacy and safety of provisions made. The
Company shaH be solely responsible for the placement, maintenance and removal of the minimum number
of devices required by the MOT Plan, or specified by the FDOT, for the control of traffic at the Work
Location including, but not limited to signs, cones, lights, barricades, concrete barrier walls, police officers,
flaggers, etc. ("MOT Items").
Unless expressly stated herein that JEA will provide the Company with MOT Items for the Work, the
Company shall include costs for all MOT Items in the associated lines in the Bid Document.
1.7.23. Material Delivery Locations [JEA-C317]
The Company shall notify, in writing, the Contract Administrator of all planned material delivery/receiving
locations. Such notification shall be prior to initiation of shipment. The Contract Administrator will provide
15
the Company with specific written approval for each delivery/receipt location, which will not be
unreasonably withheld. Where the Contract Administrator disapproves a proposed location, the Company
shalJ propose alternate locations and obtain the Contract Administrator's written approval for any proposed
alternate location. The Company understands and agrees that it shall not seek additional monies to
compensate for any costs associated with changes or denials of proposed delivery/receipt locations
regardless of circumstances.
1.7.24. Meters [JEA-C318]
The Company shall pay all fees and charges required for connections to utilities, concurrency management,
parking met!,T rentaVremova:1 and any other assessments imposed on the Work or initial occupancy of the
Contract, except those specifically listed herein as provided by JEA.
1.1.25. Permits [JEA-C319]
The Company shall secure, maintain, post as required, and pay for all buildJng, plumbing, electrical, right-
of-way, parking, roadway, railroad, shipping, freight, hazardous materials, and all other permits required
for performance of the Work in full compliance with all applicable laws, rules and regulations. The
Company shall perform all actions necessary to identify where permits are to be obtained and properly file
for the permits, except those specifically listed as being provided by .TEA.
The,Company shall comply with all conditions of permits issued for the Work, either directly or indirectly,
issued by federal, state, or local governmental agencies, which are hereby lncorp'orated as part of these
Contract Documents. The Company shall be solely responsible for resolving any issues and bearing aU
expenses including any damagell lluffered by JEA that result from a finding of noncompliance during
performance of the Work by any of the respective reg!llatory agencies including, but not limited to, all costs
for delays, litigation, rmes, fees of any kind, and other costs.
1. 7.26. Protection of Existing Facilities and Grounds [JEA-565l
The Company shall be responsible for protecting all the existing facilities including, but not limited to,
buildings, lawns, landscaping, sprinkler systems, and pavements, both public and private, that are
encountered during the performance of the Work. At all times, the Company shall cooperate with the
owners of such facilities by arranging and performing the Work in and ~ound such facilities in a manner
that facilitates their preservation, relocation, andlor reconstruction. The Company shall be responsible for
the full restoration or replacement if tile Company damages such facilities during or resulting from
performance of the Work,
The Company shall verify the existing dimensions and clearances before laying out the Work. When the
Work involves the laying of utility lines across landscaped areas and grassed areas, which may include, but
is not limited to, irrigation systems, streets, sidewalks, and other paved areas, the Company fualI protect
and preserve all trees, shrubs, palms, landscaping, etc., and restore such areas and all paved areas to their
original sound conditions using construction techniques and materials that are the same as existing
including replacing plants and trees with those of similar size and age. In the case of planted areas, the
Company shall maintain the restoration Work until positive growth has been acknowledged in writing by
the Contract Administrator.
All costs for such restoration and replacement work shall be included in the associated lines on the Bid
Document.
The Company shall not (except upon written consent from the property owner and Contract Administrator)
enter or occupy with workers, tools, equipment Dr vehicles any land outside the easements, right-of-ways,
JEA property or the City of Jacksonville property.
16
'!
,
1 1.7.27. Protection of the Environment [JEA-561}
The Company and its Subcontractors shall comply with all applicable laws, rules and regulations.
Asbestos, Lead, or Toxic Mold Notification:
Asbestos, Lead, or Toxic Mold may be present at the Work Location. The Company shall notify the
Contract Administrator immediately upon discovery of asbestos, lead, toxic mold. The Company shall not
disturb or remove known or discovered asbestos, lead, or toxic mold unleSs directed by Contract
Administrator.
Hazardous Waste:
The Company shall bear full responsibility including, but not limited to, payment and liability for,the
transportation, use and disposal of any hazardous or toxic substance under the Company's control during
the performance of the Work. Disposal of hazardous waste should only be dis.posed of at lEA approved
facilities. The Company shall provide JEA with appropriate documentation showing proper disposal of its
hazardous or toxic substances.
JEA has identified and labeled equipment la:1own to contain PCBs. lEA will remove and transport any
equipmont so identified. The Company shall not remove or transport any equipment containing PCBs. The
Company shall immediately notify the JEA Representative of any questionable or unmarked equipment and
. the JEA Representative will arrange for testing and identification.
Toxic Substances Introduced by the Company: ..
The Company shall notify the Contract Administrator in writing of the type, quantity and disposal method
of any toxic substance used during the performance of the Work. The Company shall be solely responsible .
for the use and disposal of any such toxic substances. The Company sh8.ll submit cleanup procedures to the
JEA Representative for review and written approval prior to the use of the toxic substance. In the event that
a toxic substance escapes into the environment, the Company shall immediately notify the Contract
. Administrator in writing of the OCCUlTence and the actions taken. In the event that the Company encounters
toxic substances.in the course of construction, the Company shall immediately notify the Contract
Administrator verbally, with a written notification to follow. The Contract Administrator shall mange for
disposal by JEA.
The Company will be solely responsible for all waste material including paints, lubricants, fuels, solvents,
and other chemicals use(Hn connection with the Work. The Company will provide proper containers for
waste materials and comply with all applicable laws, rules and regulations in their disposal. The Company
will dispose of all empty containers off-site as soon as possible. The Company will designate one area for
transferring paints and solvents from large containers (55-gallon drums) into smaller containers for daily
use.
Wetlands: ~
',.
The Company understands and agrees that the Work Location may include wetlands or other
environmentally sensitive areas. The Company shall not en~er these areas during the performance of its
Work, unless specifically authorized by the Contract Administrator and appropriate state and federal
permits have been obtained.
Wildlife: '
The Company and/or Subcontractor's employees shall not endanger wildlife species or domestic animals of
any kind.
Violation of Environmental Laws and Permits:
The Company shall immediately cease any activity that causes or results in a violation of JEArs or
Company's environmental permits or federal, state and local laws and regulations. Such violation shall
immediately be reported to the Contract Administrator verbally, with written notification to follow. All
additional costs due to the Company's noncompliance with the applicable environmental regulations shall
be paid by the Company.
17
1. 7.28. Quality Control and Quality Assurance [JEA-C324]
The Company shall provide Quality Control to ensure the Work is performed in accordance with the
Contract. Quality Control shall be appropriate for the nature of.the Work, and shall be conducted in a
manner consistent with sound quality management and industrial engineering principles. The Company
shall have only personnel trained in Quality Control techniques and experienced with the nature of the
Work perform the Quality Control function.
JEA may perform Quality Assurance activities. Such activities, whether performed or not, do not in any
way limit or reduce the Company's requiremonts. JEA may become aware of quality related problems
during its performance of Quality Assurance, but has no obligation to notify the Company of its fmdings.
The Company shall provide access to all areas of Work, including the Company's facilities, for .TEA Quality
Assurance personnel and JEA Representatives. .TEA will conduct Quality Assurance activities so as not to
excessively interfere with the Work, however, where JEA Quality Assurance personnel request specific
actions of the Company, the Company shall comply with the request and agrees that such compliance is
included as part of its Contract Price.
1.7.29. Safety and Protection Precautions [JEA-C329}
The Company shall comply with all applicable federal, state and local laws, ordinances, all JEA procedures
and policies including, but not limited to, JEA's Contractor Safety Management Process (available at
JEA.com), and orders of any public body having jurisdiction for the safety of persons or protection of
property. The Company understands ,and agrees .that violation of any provision of this clause is grounds for
immediate termination of the Contract and the Company is responsible for all JEA damages associated with
such termination.
The Company shall only use those Subcontractors who have met JEA Safety Prequalification requirements
per the JEA Contractor Safety Management Process. The Company shall e!l8Ul'e that Subcontractors and
their personnel have all the necessary personal protective equipment and training needed to perform Work
safely.
The Company understands and agrees that JEA Representatives may stop Work at any time that JEA, at its
sole discretion, considers the Company's Work to be unsafe or a risk to property, and to direct the Company
to, at a minimum, perform as directed in such a way as to render the Work environment safe. The Company
understands and agrees that it is responsible for paying aU costs associated with providing a safe work
environment including, but not limited to, any costs associated with any JEA directed safety improvements.
The Company further understands and agrees that it is solely responsible for the safety of personnel and
property associated with the Work, and tbat any actions taken by JEA to prevent hann to persons or
damage to equipment does not, in any way, relieve the Company of this responsibility.
The Company Representative, or alternatively, the Company Supervisor, shall be designated ~ the
Company's individual responsible for the prevention of accidents.
The Company shall notify the police and fIre departments as to its Work Location in order to ensure prompt
response in an emergency.
1. 7.30. Samples [JEA-C330} ***
lfthe product(s) specified in the Contract isfare unavailable after the Award of the Contract, or if it is
anticipated that the product(s) wiD vary considerably in function, size, usability, life expectancy, color,
texture or other material ways from the specifications, or upon request ofthe Contract Administrator, the.
Company shall submit a minimum ofthree Samples of the product(s). When variations in color, texture or
other characteristics are anticipated, the Company shall submit a sufficient number of Samples to indicate
the full range of such variances in the ftnished products.
Samples shall be delivered to the following address:
18
\
1 Bill Clendening
JEA
2434 North Pearl Street
Jacksonville, Florida 32206
904-665-4723
The Company shall submit all required Samples promptly so as to cause no delay in the Work. JEA will
evaluate the Samples with reasonable promptness. No extensions oftime will be granted to the Company
because of failure to submit Samples in ample time for review and approval.
The Company shall be solely responsible for the arrangements and costs of delivering and removing its
Samples from JEA facilities. JEA may consume or destroy Samples during its tests to determine whether
they meet the requirements of the Contract.
The Company shall mark each sample with the Company's name, Contract number, Purchase Order
Number, the purpose for which the Samples are submitted, and the submittal date.
Samples shall be accompanied by a letter of transmittal along with all technical specifications, operating
instructions, installation instructions, drawings and other documentation useable by the JEA Engineer in
evaluating the Sample.
Each Sample shall have a tag afflXed in such a way that the JEA Engineer is able to stamp the tag
indicating approval or disapproval of the Sample.
If the JEA Engineer approves the Samples, they will be so stamped and the Company will be notified to
reclaim all but one of any remaining Samples either in whole or part. Approval of such Samples will not
relieve the Company from responsibility for any departure or deviations from. the requirements of the
Contract unless the Company, in writing, called the JEA Engineer's attention to such departllres or
\ deviations at the time of Sample submission.
If the JEA Engineer does not approve the Samples, the Company will be notified to resubmit additional
Samples for approval. The JEA Engineer may revoke approval of a Sample, should Work-related
conditions change.
1. 7.31. Schedules - MUestone [JEA-C331]
The Company shall submit a Summary Schedule to JEA prior to starting the Work indicating the starting
and completion dates of the major activities ofllie Work. The Company shall update the Summary
Schedule at least once per week and submit the updated Summary Schedule weekly to the Contract
Administrator. "r
1.7.32. Shop Drawings [JEA-C335}
The Company shall promptly submit all required Shop Drawings in accordance with the provisions set
forth in the JEA Contract Performance Manual. JEA will not grant an extension of Contract Time due to
the Company's failure to submit Shop Drawings in ample time to allow for checking, revisions, reviews,
and approval.
A letter oftrfmsmittal and one copy of each shop drawing shall accompany each submittal. Shop drawings
shall be forwarded to the JEA Engineer. Each drawing shall be listed separately on the letter. The
Company shall also note distinctively on the transmittal letter any deviations that the Shop Drawings may
have from the requirements of the Contract Documents.
If the materials in the Shop Drawings are not listed in JENs Approved Materials Manual, then the
Company shall forward five sets of each shop drawing to the JEA Engineer for review prior to purchasing
19
," the items, The Company shaH also include the number of prints it desires to have returned.
The JEA Engineer's approval of Shop Drawings shall not be construed as a complete check, nor shall it
relieve the Company from responsibility for any deficiency that may exist, or from any departures or
deviations from the requirements of the Contract unless the Company has, in writing, called the JEA
Engineer's attention to such deviations at the time of submission and obtained written approval for the
deviation. The JEA Engineer's approval shall not relieve the Company from the responsibility for errors of
any sort in Shop Drawings or schedules, nor from responsibility for proper fitting of the Work, nor from the
necessity of furnishing any Work, materials, equipment or tools, required by the Contract Documents that
may not be indicated on Shop Drawings when approved. The Company shall be solely responsible for all
quantities and dimensions shown on the Shop Drawings. The Company shall not execute any Work until
the JEA Engineer approves the Shop Drawings and a copy stamped "Approved" is at the Work Location.
The Company shall, at no extra cost to JEA, make all changes and alterations whatsoever in Work
performed or in subcontracts or orders placed prior to the approval of any and all Shop Drawings. JEA may
revoke approval of Shop Drawings, should field conditions so dictate.
1. 7.33. Storm Preparedness [JEA-C462]
In the event of a Hurricane Warning, Tropical Storm Warning, or other large storm affecting the Work
Location, the Company shilll secure, or shall remove and store all equipment and materials at the Work
Location including, but not limited to, cones, barricades, lights and signs. The Company shall begin taking
such precautions as n~cessary to secure the .Work Location upon official issuance of mandatoI)' evacuation
. ofllie area ofllie Work Location and no later thaD. 24 hours prior to predicted arrival of tropical storm or
hurricane force winds, or when notified by a JEA Representative to do so. These activities are considered a.
regular part of the Work, regardless of the frequency they are required.
1.7.34. Substantial Completion [JEA-C336]
The Company shall notify JEA in writing when a portion of the Work is ready for acceptance and can be
utilized for the purposes for which it was intended. The Company shall identify any deficiencies in the
Work. JEA will inspect the Work and will give the Company written notice of either acceptance of that
portion of the Work or additional deficiencies. The Company shall correct all deficiencies priorto
Ac'ceptance-ofthe Work by JEA.
Whenever any portion of the Work is substantially complete and can be utilized for the purpose for which it
was intended; JEA may use it. Such use shall not be held in any way as an Acceptance of the Work or as a
waiver of any provisions ofthe Contract.
1.7.35. Substitutions [JEA-C337]
Whenever materials or equipment are specified or described in the Contract by using the name of a
proprietary item or the name of a particular supplier, the naming of the item is intended to establish the
type, function and quality required.
Materials or equipment of other suppliers may be accepted by the JEA Engineer if sufficient information is
submitted by the Company to allow the JEA Engineer to determine that the material or equipment proposed
is equivalent or equal to that named.
The Company shaD make written application to the JEA Engineer for acceptance thereof, certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the g~neral
design, be similar and of equal substance to that specified and be suited to the same use as that speCified,
The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice
the Company's completion of the Work within the Contract Time, whether or not acceptance of the
substitute for use in the Work will require a change in any of the Contra.ct Documents (or in the provisions
20
t of any other Contract directly with JEA for Work on the Contract) to adapt the design to the proposed
substitute and whether or not incorporation or use of the substitute in connection with the Work is subject
to payment of any license fees, royalties, pennits or any other costs.
All variations of the proposed substitute from that specified shan be identified in the application and
available maintenance, repair and replacement service shall be indicated.
The application shall also contain an itemized estimate of all costs that will result directly or indirectly from
acceptance of such substitute, including costs of redesign and claims of other Companies affected by the
resulting change, all of which shall be considered by the JEA Engineer in evaluating the proposed
substitute.
Requests for review of substitute items of material and equipment will not be accepted by the JEA Engineer
from anyone other than the Company.
The JEA Engineer may require the Company to furnish, at the Company's expense, additional data about
the proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated in or required by
the Contract, the Company may furnish or utilize a substitute means, method, sequence, technique or
procedure of construction acceptable to the JEA Engineer, if the Company submits sufficient information to
allow the JEA Engineer to determine that the substitute proposed is equivalent to that indicated or required
by the Contract.
The JEA Engineer will be a110wCd a reasonable time within which to evaluate each proposed substitute;
mch time shall not be deemed justification for an extension of the Company's time for completion of the
Contract.
; The JEA Engineer will be the sole judge of acceptability, and no substitute shall be ordered, installed or .
j
utilized without the JEA Engineer's prior written notice, which shall be evidenced by eitber a Change Order
or an approved Shop Drawing.
JEA may require reimbursement for the cost associated with JEA's evaluation of substitutions.
JEA may require the Company to furnish, at the Company's expense, a special performance guarantee
bonds or other surety with respect to any substitution.
1.7.36. Surveying [JEAMC339]
Unless specifically stated in the Contract Documents as being provided by JEA, the Comp~ shall be
responsible for all surveying necessary to commence and perform this Work. The Company shall employ a
land surveyor registered in the State of Florida to reference and restore all property comers and/or
monuments that may have been disturbed and to ensure accurate horizontal and vertical control during the
construction of this project and for staking locations for new structures. Height and spacing of stakes to be
as specified elsewhere herein or as directed by JEA Engineer.
All Work shall be done to the lines, grades and elevations shown on the drawings. Any Work improperly
. located may be ordered removed and replaced at the Company's expense. The Company shall be
responsible for making its own determination of water table variations and shall not assume tbat any water
levels shown by the aforesaid boring data will necessarily be maintained at the level indicated. The
Company shall investigate the conditions above or below the surface of the gro!lnd as it may deem
necessary for the proper and timely performance of its Work including, but not limited to, the making of
borings. Where soil conditions differ from expected, the Company shall be responsible for all costs
incurred.
In the event soil conditions are not as expected by either JEA, or the Company, the Company shall pay any
21
and all costs associated with changes required to properly accommodate actual soil conditions,
1.7.37. Temporary Closure of Roadways (JEA-5631
The Company shall not close or obstruct any portion of a street, road, or private way without fIrst obtaining
permits. If any street or private way is rendered unsafe by the Company's operations, the Company shall
make such repairs Dr provide such temporary ways and guards necessary for the protection and safety of
persons on the Work and the public and for the orderly maintenance of traffic. All costs associated with
temporary closure of roadways shall be included in Bid Document.
The Company shall notify the police and fire departments in writing if it will be necessary to close a street,
The Company shall copy JEA on all correspondence relating to street closure. The Company shall notify
the police and fIre departments prior to closure of the street. The Company shall be responsible for
maintaining proper coordination with the proper authorities,
Temporary closure of business entrances must be approved in writing by and coordinated with JEA,
1.7.38. Temporary Utllltfes [JEA-C342]
The Company shall furnish and install all temporary water, electricity and other utilities required to
accomplish the Work. The Company shall obtain the waterrequired for carrying out the Work from fire
hydrants, existing water main connections, or new connections ,approved by JEA. The Company shall
install a back flow preventer and water meter assembly if construction water is necessary. Upon
Substantial Completion ofWorl<, the Company shall remove all evidence of temporary connections and
lines,
Prior to initiating any construction Wark, the Company shall coordinate and schedule the provision of
temporary utility service required during construction and arrange for the permanent installation and
connection of utilities for the completed Work.
1.7.39. Tools and Equipment [JEA-C343]
All tools and equipment used in the performance of the Work shall be used as intended by the manufacturer
and in accordance with manufacturer operating manuals and industIy practices, whichever is more
stringent. The Company shall ensure that all tools and equipment used in the performance of the Work shall
be of the size and quality suitable for safe and efficient performance of the Work. lfthe Company-provided
tools and equipment do not meet these requirements, or if in the sole opinion of JEA fonned after
considering relevant factors, the tools or equipment are inappropriate for performance of the Work, the
Company agrees to remove the unacceptable tools and equipment and obtain tools and equipment JEA
considers suitable. Such replacement shalI be entirely at the Company's expense, and no cha~e to Contract
Time will be allowed.
The Company is responsible for furnishing and the security of any and all tools and equipment required to
perform the Work.
1. 7.40. Unforeseen Conditions [JEA-569J
The Company understands and agrees that it is its responsibility to conduce due diligence prior to the
Work. Sucb due diligence includes, but is not limited to, verifying all Work conditions, measurements,
dimensions and latent and patent obstructions, the accuracy of drawings, test results, inspections and other
informational materials provided in the Contract Documents, and any other causes for existing or potential
changes to the Work prior to initiating the Work. In the event that the Work must be changed due to the
Company's failure to fulfill the above requirements, the Company understands and agrees that it will be
responsible for all costs associated with the changed condition.
22
\ In the event, however, that the Company exercises the requisite due diligence and a change to the Work
1 b~comes necessary resulting from conditions that are clearly unforeseen and that could not have been
discovered, the costs for adjusting the Work in response to such unforeseen conditions shall be a.ddressed as
stated herein in "Change in the Work" JEA-164.
1.7:41. Use of Explosives w Prohibited [JEA-C3471
The use of explosives to perform any Work or activities related to this Contract is strictly prohibited.
1.7.42. Vendor Performance Evaluation [JEA-C3381
Use of Vendor Performance Evaluation Scorecards
JEA will evaluate the Company's perfom1ance using the evaluation criteria shown on the vendor scorecard
available at JEA Procurement Bid Section, JEA Tower Suite 103,21 W. Church Street, Jacksonville, FL
32202 or online at JEA.com. Scores for all metrlcs shown on the eva.luation range from a low of I, meaning
significantly deficient performance, to a high of 5, meaning exceptionally good performance. The
Companyts performance shall be classified as Top Performance, Acceptable Performance, or Unacceptable
Performance, as defmed herein. The evaluator will be a designated JEA employee or JEA contractor
familiar with the performance of the Company. The evaluator's supervisor and the ChiefPurcbasing Officer
will review deficient performance letters and Unacceptable Performance scorecards, as ciescn'bed below,
prior to issuance. When evaluating the Company's performance, JEA will consider the perfOI'Il18D,ce of the
Company's Subcontractors and suppliers, as part of the Company's performance.
Frequency of Evaluations
JEA may conduct performance evaluations and prepare scorecards in accordance with the procedures
descn'bed herein at any time during performance of the Work or soon a:fterthe completion of the Work.
JEA may conduct one or more evaluations determined solely at the discretion of JEA:
Unacceptable Performance
If at anytime, JEA determines, using the criteria described on the scorecard, that the performance of the
Company is Unacceptable, the Contract Administrator and Chief Purchasing Officer or his designated
alternate will notifY the Company of such in a letter. The Company shall have 10 days to respond to the
Contract Administrator. Such response shall include, and preferably be delivered in-person by an officer of
the Company, the specific actions that the Company will take to bring the Company's performance up to at
least Acceptable Performance.
Wijhin 30 days from date of the first Unacceptable Performance letter, the Contract Administrator and
Chief Purchasing Officer or his designated alternate will notify the Company by letter as to whether its
performance, as determined solely by JEA, is meeting expectations, or is continuing to be Unacceptable. If
the Company's performance is described in the letter as meeting expectations, no further re~ial action is
required by the Company, as long as Company's performance continues to be Acceptable.
Iftb.e Company's performance as described in the letter continues to be Unacceptable, or is inconsistently
Acceptable, then the Company shall have 15 days from date of second letter to demonstrate solely through
its perfOm1flnCe of the Work, that it has achieved Acceptable Performance. At the end of the IS-day period,
JEA will prepare ,a scorecard documenting the Company's performance from the start of Work, or date of
most recent scorecard, whichever is latest, and giving due consideration to improvements the Company has
made in its performance, or bas failed to make. If the scorecard shows Company's performance is
Acceptable, then no further remedial action is required by Company as long as Company's performance
remains Acceptable. If the scorecard shows the Company's performance is Unacceptable, JEA will take
such actions as it deems appropriate including, but not limited to, terminating the Contract for breach,
suspending the Company from bidding on any JEA related solicitations, and other remedies available in the
JEA Purchasing Code and in law, Such action does not relieve the Company of its obligations under the
Contract, nor does it preclude an earlier termination,
23
j
i In the event that the Contract Term or the remaining Term of the Contract does not allow for the
completion of the deficient performance notification cycles described above for those in danger of
receiving an Unacceptable Performance scorecard, JEA may choose to accelerate these cycles at its sole
discretion.
If the Company receives five or more letters of deficiency within any 12 month period, then JEA will
prepare a scorecard describing the deficiencies and the Company's performance will be scored as
Unacceptab Ie.
Acceptable Performance
JEA expects the Company's performance to be at a minimum Acceptable.
Top Performance
Where the Company is able to demonstrate consistent Top Performance for a period of not less than six
months, JEA shall recognize the Company, by inducting the Company as a JEA Blue Ribbon Supplier. JEA
Blue Ribbon Suppliers are, to the extent reasonably possible and practical, provided preferential
consideration when awarding emergency-related work that cannot be competitively publicly bid. JEA Blue
Ribbon Suppliers, may also be subject to consideration for a reduction in lower retain age and bonding
requirements after A ward, as determined by the Chief Purchasing Officer at the time of A ward.
Disputes
In the event that the Company wants to dispute the results of its scorecard performance evaluation, the
Company must submit a letter to the Chief Purchasing Officer supplying supplemental infomllition that it
believes JEA failed to take into account when preparing thc;l scorecard. Such letter, along with
supplemental infonnation, must be submitted no later than 10 days following the Company's receipt of the
scorecard. lithe Chief Purchasing Officer decides to change the scorecard, the Company will be notified
and a revised scorecard will be prepared, with a copy issued to the Company. If the ChiefPurchasin.g
Officer decides that no change is warranted, the decision of the Chief Purchasing Officer is rmal. If the
Company is to be suspended from consideration for future award of any contracts, the Company may
appeal to the Procurement Appeals Board as per JEA Purchasing Code.
There can be no expectation of confidentiality ofperfoxmance-related data in that all perfoxmance-related
data is subject to disclosure pursuant to Florida Public Records Laws. All scorecards are the property of
JEA.
1.7.43. Video Records [JEA-C349} Yr**
Prior to any alterations to the Work Location, the Company shall video record the entire Work Location.
The Company shall provide original video recording to the Contract Administrator no later than 15 days
after the date of the Notice to Proceed. '!.
When required by the technical specifications, the Company shall provide a monthly video record (on
DVD) of construction progress to the JEA Project Manager. If construction is being conducted in different
localities, then video shall be taIcen at each Work Location. The JEA Project Manager reserves the right to
select the views to be video recorded. DVD(s) shall be labeled with record of date taken, JEA's assigned
project tracking number, and a brief description oftimes and activity covered in the video.
The Company shall take the progress video(s) between the 20th and 25th day of each month and submit the
video(s) to the JEA Project Manager before the end of the 27th day of each month. If Company fails to
submit the video(s) to the JEA Project Manager before the 28th day of each month, JEA reserves the rig..ht
to have the video tape(s) taken by an independent Recording Company at the Company's expense.
In addition, the Company shall provide unedited video(s) with superimposed timer and vocal commentary
of the preconstruction and post construction conditions. Video(s) shall be DVD format and include both
sides of the right-of-way and record close attention to paved and unpaved driveways and walkways;
conditions of lawns, shrubs, flowers, flower beds, and trees; conditions of pavement, fences, signs, planters
24
~
p and any other item within the area of the Work or adjacent right-of.way. The video(s) shall become apart
?fthe Contract Administx:ator's and JEA Project Manager's permanent job records. The video(s) shall be
mdexed using the timer for locations by stationing and by street intersections.
The video(s) shall include each waterway crossing. An upstream and downstream view of each bank at the
point of crossing shall be taken recording the inertial zone aneIJor mean high water level. Also, a view of
the line route shall be taken from each bank of the crossing and elsewhere as the JEA Project Manager may
direct. Construction shall not begin until video recordings are approved by the JEA Project Manager. The
video(s) shall depict wet conditions of the Work Location and surrounding areas whenever possible.
1.7.44. Weather Protecti'On [JEA-C350]
The Company shall provide proper facilities, take all necessary precautions and assume the entire cost for
protecting the Work against weather conditions and for handling all storm, flood and ground water, sewage,
or other soepage, that may be encountered during the performance of the Contract. The Com.pany shall
provide for such contingencies and for catrying on the Work in freezing weather by methods that meet with
the approval of the JEA Engineer. If the Company fails to provide such protection, or in the event of an
emergency, JEA may provide such protection at the Company's expense.
1.7.45. Work information [JEA-C351]
In the event the' Company requires additional information regarding the scope, technical specifications,
Work Locations, personnel requirements, or other information pertinent to the Work or Contract, the
Company shall request suchinfonnationor clarifications from the Contract Administrator in writing.
Within the bounds of JEA Representative's authority, JEA Representatives may provide requested
infonnation to the Company.
)
1. 7.46. Work Location Cleanliness [JEA-C352]
The Company shall, at all times, keep the Work Location 'free from an accumulation of waste materials or
rubbish caused by its operations. At the completion of the Work, the Company shall remove all waste
materials and any rubbish from and about the project, as well as any tools, construction equipment,
machinery and surplus materials. If the Company fails to clean up at the completion of the Work, JEA may
do so as provided elsewhere in the Contract and charge the cost thereof to the Company.
1.7.47. Work Schedules [JEA-C353]
The Approved Schedule is established on the basis of working five days per week, single shift, eight hours
per day or four days per week, ,single shift, 10 hours per day. JEA may require the Compan~ to base its
schedule on an accelerated Work schedule or multiple shifts. The Company shall not schedufe work on
Holidays without obtaining prior written approval from JEA.
The Company shall, at no additional cost to JEA, increase or supplement its working force and equipment
and perform the Work on an Overtime or multiple shift basis when directed by JEA. and upon notification
that the Company is behind schedule. The Company shall submit a revised schedule in writing
demonstrating the Companyls schedule recovery plans.
The Company understands and agrees that the rate of progress set forth in the Approved Schedule already
allows for ordinary delays incident to the Work. No extension of the Contract Time wilJ be made for
ordinary delays, inclement weather, or accidents, and the occurrence of such events will not relieve the
Company from requirement of meeting the Approved Schedule,
25
0 1.7.48. Workmanship
I [JEA~C354J
The Company shall perform all Work in a safe and professional manner, so as to render a neat and uniform
appearance. The Company shall handle all material in such a way as to preserve its fmish and protective
coatings from damage. General arrangement shall be in accordance w'ith JEA Distribution Construction
Standards an:d shall be satisfactory to the Contract Administrator.
1.8. SECTION TITLE: JSEB CERTIFIED FIRMS [JEA-515]
6,8.1, Optional Us~ of Jacksonville Small Emerging Business (JSEB) Qualified Firms [JEA-C469]
For the performance of the Work herein, the Company is not required, but is encouraged, to utilize the
services of JSEB qualified firms, IlS addressed by the City of Jacksonville's and JEA'8 JSEB program. If the
Company uses a JSBB qualified firm for the performance of any part of this Work; the Company shall
submit to JEA, with its Invoice, a listing of ISBB qualified flmls that have participated in the Work. Such
listing shall be made using the form "List of ISBB Subcontractors" available at JEA.com. All questions and
correspondence concerning the ISEB program should be addressed to: JSBB Coordinator, JEA, 21 W.
Church Street CC-6, Jacksonville, FL 32202.
1.9. SECTION TITLE: JEA FURNISHED ITEMS [JEA-516)
1.9.1. Conditions of Provisioning [JEA-C356]
The Company understands and agrees that it shall be solely responsible for providing everything necessary
to perform the Work and to be in full compliance with the Contract Documents, except for those items
specifically listed herein IlS being provided by JEA.
Any use of JEA furnished items on non-JEA work is a breach of the Contract and a violation of the law. All
JEA furnished items are the property of JEA when issued, stored by Company, and used in performance of
the Work. The Company agrees that it shall use all JEA furnished items in a manner consistent with
industry practice, codes, laws, considering the condition of the JEA furnished item, the skills of the
individuals using the JEA furnished item, and all environmental conditions. The Company understands and
agrees that where JEA and the Company shall share JEA furnished items, JEA usage shall always have
priority over Company usage, and the Contract Administrator shall have sole authority to resolve any usage
dispute and such resolution shall not result in any claim by Company.
The Company agrees to return to JEA, and to the location as established by a JEA Representative, any
unused or salvageable items prior to final payment. The Company agrees that JEA has the right to audit and
investigate the Company at any time how the Company is using JEA furnished items. JEA will bin the
Company for unaccountable JEA furnished material at the current JEA cost. I'
"
1.9.2. Access to Work Locations [JEA-357}
JEA will proVide, as indicated in the Contract Documents, and no later than the date when needed by the
Company, access to the Work Location, including rights-of-way or access thereto, and such other lands that
are designated for the Company's use. JEA will secure easements for permanent structures or permanent
changes in existing facilities, unless otherwise specified in the Contract Documents.
1.9.3. Contract Documents [JEA-361]
JEA will furnish a maximum of three complete sets of the Contract Documents, or portions requested
thereof, upon request by Company.
26
1.9.4. JEA Polley, Standards and Procedure Manuals [JEAM370]
JEA will furnish one copy of JEA policy, standard and procedure manuals on an as needed basis upon the
Company's request to the Contract Administrator.
1.9.5. Permits [JEAM379] w'irW
JEA will obtain the following permits, approvals and licenses.
. City of Jacksonville and FDOT rightMof~way permits
1.9.6. Test Boring Allowance [JEAM459]
JEA will provide funds as specified on 'the bid sheet to reimburse Company at cost for hiring one or more
.. testing laboratory(ies) to perform all sampling, field testing and laboratory testing as specified herem. or as
directed by the JEA Engineer. All testing is to be performed under the the direot supervision of a registered
geotechnical engineer paid for with the allowance. The testing allowance is to be used for first tests only.
Any retesting due to failed first tests shall be at Company's expense. Company shall clearly mark on its
invoices costs associated with testing services identifying the cost to Company of the testing service.
Company agrees to invoice JEA for testing services at its cost with no markup.
1.10. SECTION TITLE: FREIGHT, SIDPPING & STORAGE [JEA-517}
1.10.1. Damaged Materials or Equipment [JEA-C143}
The Company shall report to the Contract Administrator any materials issued by JEA or delivered by the
JBA material supplier and received by the Company that are later found to be faulty; damaged or discrepant
in some manner. The Contract Administrator will obtain appropriate replacoment materials upon written
notification from the Contract Administrator. The Company shall not, under any circumstances, make a
material replacement without written approval of the Contract Administrator.
The Company understands and agrees that damage to material and discrepancy of material is an expected
part ofperformmg the Work, and as such; the Company agrees it shall be solely responsible for any
additional costs incurred as a resuh of damaged or discrepant materials, including, but not limited to, the
costs to keep or get the Work on the Approved Schedule.
JEA will bill the Company for materials or equipment that are damaged while in the Company's custody. In.
such a case, the Company shall be charged the current JEA cost plus an inventory handling fee.
J'J'
1.10.2. Material Delivered to Company Sites [JEA-C145}
The Company shall be responsible for all unloading, handling and storage of Work-related materials at the
Work Location. 'Where the Company is to use a JEA-designated supplier to d~liver materials to the Work
Location, JEA will provide the Company, upon request, with contact names and information, along with
required material lead-times. The Company is solely responsible for taking into account required material
lead-times when planning its performance ofthe Work, and for communication and coordination of
materials delivered to the Work Location .by JEA suppliers. Where beneficial to JEA, the Company shall
order quantities by truckload, unless otherwise permitted by the Contract Administrator. The Company
shall be responsible for any additional delivery costs charged by the JEA material supplier for any
Company delays.
If, for any reason, the Company is unable to receive, unload, handle or store materials it has ordered or
caused to be ordered, the Company shall be responsible for any and all additional costs incurred by JEA for
unloading, handling, storing, or additional shipping costs. In such cases where JEA is receiving items when
the Company is unable to, such receipt does not indicate JEA's Acceptance of items.
27
"
1.10.3. Salvage and Excess Materials and Equipment [JEA-C148]
The Company shall protect salvaged or salvageable equipment and material from loss and damage. The
Company shall protect excess materials and equipment provided by JEA to the Company for use in the
Work from loss and damage. The Company shall inventory, sort ,and return salvage and excess materials,
and shall weigh conductors. The Company shall return salvage and excess materials and equipment to the
appropriate JEA Service Center accompanied by the Contractor Material Returns Form, in accordance with
the JEA Inspector and the instructions and authorization of the JEA Storeroom Foreman.
1.10.4. Shipping to and Storage at Work Location [JEA-C152]
Shipping
Materials and equipment to be installed by the Company shall be delivered by the Company to the Work
Location or such other place as may be designated by the Contract Administrator. Insofar as transportation
conditions will allow, items shall be shipped complete and ready for installation.
Where applicable, the Company shall be responsible for obtaining any permits required for transportation
to the Work Location.. The Company shall provide an Advance Ship Notice to the Contract Administrator
or designated Work Location manager.
Storage
Under arrangement with the JEA Engineer, and upon his approval, a limited amount of temporary indoor
storage space may be made available, but only for the equipment thatmust be protected from the weather.
Equipment for which arrangements have been made for indoor storage, shall be packed separately and the
container clearly marked "For Indoor Storage." For equipment that will be stored indoors and that will
require special storage precautions, the storage instructions shall be shown on the outside of each container,
or in a durable envelope identified as containing storage instructions and attached to the container.
1.10.5. Storage of Equipment [JEA-C153]
The Company shall be responsible for all storage of materials, equipment, vehicles, tools, and all other
items associated with the Work. Such storage shall comply with applicable regulations appropriate for the
items being stored to ensure suitable care for items and protection from theft, vandalism, or inappropriate
use. The Company is solely responsible for the costs for such storage, Wlless otherwise indicated in the
Contract Documents, and any costs associated with noncompliant storage including, but not limited to, loss
and damage to items. In the event that JEA directs the Company to stop the Work, costs associated with
storing equipment or materials will be compensated in accordance with the provisions stated herein in
"Change in the Work" JEA-164. The Co,mpany shall ensure that JEA Representatives have access to
Work-related storage on an as needed basis during regular work bours and Overtime. r;.
1.10.6. Title and Risk of Loss r JEA-C154J
JEA will retain tbe title to equipment and materials removed from JEA sites for repairs, service or
duplication.
Ownership, risks of damage to or loss of the Work shall pass to JEA upon Acceptance. The Company shall
assume all risk of loss or damage to the Work while items are in transit and/or in the Company's custody
until such time that JEA issues written notice of Acceptance.
JEA's receipt or delivery of any equipment or other materials will not constitute JEA's Acceptance of the
Work and will not constitute a waiver by JEA of any right, claim or remedy. In the event of loss or damage
to tbe Work, the Company shall bear all costs associated with any loss or damage until Acceptance by JEA.
28
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\ 1.11. SECTION TITLE: INDEMNIFICATION AND INSURANCE REQUIREMENTS
p
1.11.1. Indemnification
Company shall hold harmless, indemnify, and defend JEA against any claim, action, loss, damage, injury,
liability, cost and expense of whatsoever kind or nature (Including, but not by way of limitation, reasonable
attorney's fees and court costs) arising out of injury (whether mental or corporeal) to persons, including
death, or damage to property, arising out ot' or incidental to the negligence, recklessness or intentional
wrongful misconduct of the Company and any person or entity used by Company in the performance of this
Contract or Work performed thereunder. For purposes of this Indemnification, the term "JEA" shall mean
JEA as a body politic and corporate and shall include its governing board, officers, employees, agents,
successors and assigns. This indemnification shall survive the term of a Contract entered into pursuant to
this solicitation, for events that occurred during the ContraCt term. This indemnification shall be separate
and apart from, and in addition to, any other indemnification provisions set forth elsewhere in this Contract.
1.11.2. Insurance Requirements
Before starting and until acceptance of the Work by JEA, and without further limiting its liability under the
Contract, Company shall procure and maintain at its sole expense, insurance of the types and in the
minimum amounts stated below:
Schedule Amount
Workers' Compens",tion
Florida Statutory coverage Statutory Limits (Workers' Compensation) .
and Employer's Liability $500,000 each accident (Employer's Liability)
Commercial General Liability
, PremiseS-Operations $1,000,000 each occurrence
Products-Completed Operations $2,000,000 annual aggregate for bodily injury
Contractual Liability and property damage, combined single limit
Independent Contractors
Broad Form Property Damage
Explosion, Collapse and Underground
Hazards (XCU Coverage) as appropriate
Automobile Liabilio/
All autos-owned, hired, $1,000,000 each occurrence, combined single
or non-owned limIt
'r
Excess or Umbrella Liability
$2,000,000 each occurrence and annual
aggregate
Company's Commercial General Liability and Excess or Umbrella Liability policies shall be effective for
two years after Work is complete. The above Indemnification provision is separate and is not limited by
the type of insurance or insurance amounts stated above.
Company shall specify JEA as additional insured for all coverage except Workers' Compensation and
Employer's Liability. Such insurance shall be primary to any and all other insurance or self-insurance
maintained by JEA. Company shall include a Waiver of Subrogation on all required insurance in favor of
JEA, its governing board, officers, employees, agents, successors and assigns.
29
Such insurance shall be written by a company or companies licensed to do business in the State of Florida
and satisfactory to JEA. Prior to commencing any Work under this Contract, certificates evidencing the
maintenance of the insurance shall be furnished to JEA for approval.
Company's and its subcontractors' certificates of insurance shall be mailed to JEA (Attn. Procurement
Services), Customer Care Center, 6th Floor, 21 West Church Street, Jacksonville, FL 32202-3139,
The insurance certificates shall provide that no material altera.tion or cancellation, including expiration and
non-renewal, shall be effective until 30 days after receipt of written notice by lEA.
Any subcontractors of Company shall procure and maintain the insurance required of Company hereunder
during the life of the subcontracts. Subcontractors I insurance may be either by separate coverage or by
endorsement under insurance provided by Company. 'Company shall submit subcontractors' Certificates of
Insurance to JEA prior to allowing subcontractors to perform Work on JEA' s job sites.
1.12. SECTION TITLE: CHANGES TO WORK [JEA-519}
1.12.1. Change in the Work [JEA-C1641
. To request or claim any change in the Work including, but not limited to change in scope, quantities,
pricing, or schedules, the Company shall submit a letter to the Contract Administrator stating such request
or claim. JEA shall have the right to approve or disapprove any request or claim for change as it deems
necessary and in its best interests consistent with the other Contract requirements. Whether requested by
the Company, claimed by the Company, or contemplated by JEA, no change shall be authorized unless
made on a JEA Change Order signed by the Contract Administrator or through a formal written amendment
to this Contract.
In the event of an emergency endangering life or property where it is appropriate for the Company to take
action, the Com.pany shall undertake such actions to preserve life and property. JEA and the Company will
detennine after emergency is concluded, the extent of out-of-scope work perfonned by Company, and the
Contract Administrator will issue a Change Order or amend the Contract for such work, if any and as
necessary.
All requests for changes filed by the Company shall be in writing delivered to the Contract Administrator
within 10 working days of when the event that prompted the claim was discovered or should have been
discovered. Upon receipt of the Company's claim notification, Contract Administrator will provide written
direction as to the procedures that will be used to address the request. The Company's request shall be
sufficiently detailed including itemized costs, condition and work descriptions and other infonnation
necessary to evaluate the merits of the claim. The Contract Administrator may rej ect requests providing
insufficient supporting information. Any change' in the Contract resulting from the request wID be
incorporated into the Contract via a Change Order or Purchase Order. Where JEA and tbe Company are
unable to reach a mutually acceptable resolution of request, JEA's determination wiII be ['mal.
Where necessary, JEA will determine the value of work covered by a Change Order using one of the
following methods:
a. Where the work is covered by established Unit Prices contained in the Contract, the Unit Price will be
applied to the quantity of work,
b. By mutual acceptance of lump sum price,
c. By actual cost and a mutuaiiy acceptable fIxed amount for overhead and profIt, or
Where Bid Price was based aD estimates quantities, prior to making fInal payment, JEA will determine
actual quantities using sampling, surveying and other industry recognized means and prepare a Change
Order adjusting the price to reflect actual volumes,
30
'1 The Company shall immediately notify the Contract Administrator in writing of any unauthorized change
i
in .the scope of the Work or significant change in the quantities of the Work that may increase the Contract
Pnc~1 require an extension of Work schedule, or negatively impact permitting or other regulatory
reqUIrements.
The Work schedule may be changed only by a Change Order or Purchase Order. The Company's request or
claim for a Work schedule acljustment shall be in writing delivered to the Contract Administrator within
five working days following the discovery of the event that prompted the claim or when the event should
have been discovered. Where accepted by JEA, changes to Work schedule will only adjust for oritical path
impacts. Failure to include the necessary critical path analysis with request shall be grounds for rejecting
the claim. The path of critical events mentioned herein means the series of interdependent Work events that
must be sequentially performed and that require a longer total time to perform than any other such sories.
Upon receipt of the Company's request for a change in the Work schedule, the Contract Administrator will
provide any additional directipns in writing detailing the procedures that will be used to resolve the request,
including provision of time impact or manpower and equipment loading schedules. Where JEA and the
Company are unable to reach a mutually acoeptable resolution of request, JEA will make a commercially
reasonable determination, made in accordance with JEA's Purchasing Code, which shall be finaL
All Work defined on Change Orders shall be subject to the conditions of the Contract, unless specifically
noted on the Change Order.
1.12.2. Company Review of Project Requlrements [JEA-C165]
The Company shall review the Work requirements and specifications prior to commencing Work. The
Company shallimmediate1Y notify the Contract Administrator in writing of any cOIi.flict with applicable
law, or any error, inconsistency or omission it may discover. JEA will promptly review the alleged
conflicts, errors, inconsistencies or omissions, and issue a Change Order or Purchase Order as appropriate
if JEA is in agreement with the alleged conflict, and issue revised specifications. Any Work the Co~pany
" performs prior to receipt of approved Change Order will be at the Company's sole risk.
1.12.3. No Damage for Delay [JEA-C160]
Damage, loss, expense or delay incurred or experienced by the Company in the prosecution of the Work by
reason of unforeseen circumstances, unanticipated difficulties and obstructions, bad weather, or other
mischances that are generally considered to be a part of the usual hazards associated with Work, shall be
borne entirely by the Company and shall not be the subject of any claim for additional compensation or
change in Approved Schedule.
The Company agrees that its sole remedy for any claims, damages or losses related to any delay, disruption :
or hindrance alleged to be caused by JEA or any of JEArs agents or other contractors, shall ber,an extension
of the Contract completion date.
Any demand for equitable adjustment must be served in writing to JEA within five days of the event giving
rise to any delay, disruption or hindrance. Any request for an equitable adjustment shall be accompanied by
a logical time impact analysis, demonstrating the nature and magnitude of the event to the critical path.
Failure to strictly comply with these requirements shall be deemed a waiver of any right to seek equitable
adjustment.
In the event the "no damage for delay" clause is inapplicable, there shall be no recovery for home office
overhead and any damages claimed shall be proven by discreet accounting of direct project costs and no
theoretical fonnula or industry estimating reference manuals shall be permissible.
31
1.12.4. Notification of Surety [JEA~C167J
The Company shall notify its surety of any changes affecting the general scope of the Work or altering the
Con~act Price. The amount ofllie applicable bonds shall be adjusted accordingly and the Company shall
furnIsh proof of such adjustment to JEA within 10 days of date of Purchase Order,
1.12..5. Supplemental Work Authorizations (SWA) [JEA~538J
The lEA Representative will issue a written SWA to incorporate cost or schedule changes into the
Co~tract. Issuance of an SW A is solely at the discretion of the JEA Representative. The SW A shall be used
for mcrflases or decrflases in the Contract price, within the SW A amount set forth in the Bid, or to make
changes in schedule forperfonnance of the Work. An SWA shall authorize the Company to perform
changes in the Work. The Company shall not start on SWA work until the Company receives a fully
authorized, written SW A fonn, signed by the appropriate JEA personnel- the Company shall not consider
verbal statements as authorization to proceed with the changes. The Company should not expect that any
SWAs will be issued. ,TEA shall have no obligation to pay for SWA work unless the same is performed
pUIsu8nt to a written SW A fonn signed before the SW A work is commenced.
Agreed Upon Lump Sum Method
Tbe Company and the JEA Representative shall mutually agree to the pricing of an SW A, Any negotiated
increase or decrease in the Contract Price shall be based on the Company's costs for labor, materials and
supplies directly applicable to the increase or decrease plus lO% thereof for Company's supervision,
overhead, bonds and profit. For any negotiated increase or decrease, the Company will provide a complete
detailed breakdown for all labor, material, and equipment, etc. associated with the change. A lump sum
figure submitted with no breakdown will be returned to the Company without review.
Cost Reimbursable (Time and Materials) Method
Whenever the Company and the JEA are unable to agree on costs for an increase in the Work, JEA or JEA
Representative shall order the Company to proceed with the Work on a cost reimbursable (time and
material) basis. JEA will pay the Company for the SW A work in the manner hereinafter described, and the
compensation thus provided shall constitute full payment for said work. JEA shall issue the SW A for the
Company to perform the specific work with payment determined as follows:
For materials purchased by the Company and used in the work, the Company shall be paid the actual cost
of such materials, including sales taxes if required, and freight and delivery charges as shown by original
receipted bills. A mark-up amount equal to 10% of the sum thereof shall be added to this cost. JEA reserves
the right to select and approve, or to reject the materials to be used and the sources of supply of any
materials furnished by the Company.
The Company will be paid the cost of wages for all labor that is engaged in the Work, plus the actual cost
chargeable to the Work for workers' compensation insurance, social security taxes, unemplo:YJIlent
compensation insurance and such additional amounts as are paid by the Company. A total mark~up shall be
added equal to 10% of wages and other cost listed above, In evidence of the costs of labor the Company
shall provide a certified statement of wages actually paid, together with copies of supporting payrolls.
Wage rates used in detennining the amount of the payment will be the actual wage rates paid by the
Company for Work under this Contract, except that no rate used shall exceed the rate of comparable labor
currently employed on the project.
Payment for the services offoremen in direct charge of the specific operation will be made, Payment for
the service of superintendents, timekeepers or other overhead personnel will not be made nor will payment
for the services of watchmen be made unless required specifically by the S W A Work. The actual function
performed by an employee rather than its payroll title will be the criterion used in determining the
eligibility of an employee's services for payment under this provision,
The types and amounts of equipment and machinery used by the Company in canying out its work under
the SW A shall be made in keeping with normal practice for work of similar nature, JEA may, at its
32
, discretion, limit by ,specific instruction the types and amounts of equipment and machinery to be used. For
1
all equipment and machinery used in the SWA work, JEA will pay 80% of the rental value as set forth in
the Blue Book value or actual cost, whichever is le~s, to which no mark-up percentages will be added.
In computing the hourly rental of such equipment, less than 30 minutes shall be considered 1/2 hour except
when the minimum rental time to be paid is one hour. Rental time will not be allowed while equipment is
inoperative due to breakdowns. The rental time of equipment to be paid for shall be the time the equipment
is in operation ootbe SW A work being performed. The Company shall be reimbursed for the time required
to move the equipment to the Work, and return it to its original location, only if the Company is charged
this cost by the renting agency.
No payment will be allowed for the use of small tools and minor items of equipment, which, as used herein,
are defined as individual to.ols or pieces of equipment having a replacement value of $500.00 or less.
The Company and JEA Representative shall compare records of the Work performed on a Cost
Reimbursable basis at the end of each day. These records shall be prepared by the Company and shall be
signed by both JEA and the Company Representative. A copy oftbese records shall be submitted to JEA
with the invoice for the work.
Payment for cost reimbursable SW A work will be included in monthly progress payments.
The Company's Subcontractors will be allowed a 10% mark-up on Work performed by their own forces.
The Company will be allowed a5% mark-up on the Subcontractor's costs (i.e. labor and materials) only, no
mark-up on the Subcontractor's profit.
Force Account Procedures
JEA may, at its sole discretion, implement force account procedures in order to limit the costs for
performance of SW A work. For force account work, JEA will utilize the cost reimbursable method
described herein, in addition to the following terms.
When approved in advance in writing by the Contract Administrator, the Company may include towing or
transporting costs when the equipment is moved by means other than its own power. No payment will be
made for moving time, towing or transporting the equipment if the equipment is used at the Work Location
to perform Work that is not part of the force account work.
JEA will pay the Company the lWtual costs, with no percentages added for additional premiums on the
Payment and Performance Bonds resulting from the inclusion of force account work and for additional
premiums paid on public liability and property damage insurance resulting from extra hazard inherent in
the force account work beyond the hazard normally encountered in Work upon the Company presentation
of evidence from its bonding and insurance carriers. rr
The provisions above cover payment for the cost of additional premiums paid on workers' compensation
insurance by reason of extra hazard introduced into the Company's operations by the force account work,
except that any claims the Company makes for additional cost of a higher insurance rate to any portion of
the payroll beyond that chargeable to the force account work must be substantiated by evidence from the
Company's insurance carrier.
The Company shall provide a certified statement of wages paid and supporting payrolls, and copies of
equipment rental charges and bills for materials as evidence of the costs of labor, equipment and materials
for which payment is to be made under the force account order, The Company shall provide all such
documentation to support its claims and agrees that JEA shall have the right to audit the Company's
frnanciaI and operating documents to ensure compliance with this requirement. All work performed under
the force account procedure shall be provided and executed in a commercially sound manner using
competitive bidding or negotiations, and other cost management procedures to ensure all amounts charged
to JEA minimize the JEA costs for such work.
33
,
\ 1.12.6. Suspension of Work [JEA-C477]
JE~ may suspend the performance of the Work rendered by providing the Company with five days written
notice of such suspension. Schedules and compensation for performance of the Work shall be amended by
mutual agreement to reflect such suspension. In the event of suspension of Work, the Company shan
resume the full performance of the Work when JEA gives written direction to do so. Suspension of Work
caused by the Company's sole negligence or failure to perform shall not affect the Company's
compensation as outlined in the Contract Documents.
1.12.7. Unauthorized Work [JEA-C168]
JEA will consider any Work done without lines and grades given, Work done beyond the lines and grades
shown on the Contract or as given, or any extra Work done without written authority, as unauthorized
Work and will not pay the Company for such Work. If so ordered by the Contract Administrator, the
Company shall remove such Work and properly replace it at the Company's own expense.
1.13. SECTION TITLE: LABOR [JEA-520]
1.13.1. Company's Labor Relations [JEA-C169]
The Company ~hall negotiate and resolve any disputes between the Company and its employees, or anyone
representing its employees. The Company shall immediately notify JEA of any actual or potential labor
dispute that may affect the Work and shall inform JEA of all actions it is taking to resolve tho dispute.
1.13.2. Minimum Qualifications of Company Personnel [JEA-CI701
All Company personnel shall be at a minimum qualified for the tasks they are assigned. All Company
personnel shall be able to read, write, speak and understand English. All Company personnel shall act in a
professional manner, with due sensitivity to other persons at the Work Location. If JBA, at its sole
discretion, determines that a Company person is unqualified, unfit, or otherwise unsuitable for the tasks
assigned, the Company shall immediately stop the person from performing the tasks, and replace the person
with a qualified individual The Company shall pay all costs associated with replacing the unqualified
person including, but not limited to, termination, recruiting, training, and certification costs.
The Company personnel assigned supervisory roles, and those with increased authority shall be held to
strict scrutiny of their qualifications and suitability for their positions. In addition to the other provisions of
this clause, the Company shall provide written documentation as t{) experience, education, licenses,
certifications,professional affiliations, and other qualifications of the individual, within one day of request
from the Contract Administrator. Any changes to such personnel after approval shall require.;~e written
permission of the Contract Administrator.
1.13.3. Nondiscrimination [JEA-C171)
The Company represents that it has adopted arid will maintain a policy of nondiscrimination against
employees or applicants for employment on account ofrace, reUgion, sex, color, national origin, age or
handicap, in all areas of employee relations, throughout the Term of this Contract. The Company agrees
that on written request, it will allow iliA reasonable access to the Company's records of employment,
employment advertisement, application forms and other pertinent data and records for the purpose of
investigation to ascertain compliance with the nondiscrimination provisions of this Contract; provided
however, the Company snall not be required to produce, for inspection, records covering periods of time
more than one yearfrom the effective date of this Contract.
The Company shall comply with the following executive orders, acts, and all rules and regulations
implementing said orders or acts, which are by this reference incorporated herein as if set out in their
34
... entirety:
p
the provisions of Presidential Order 11246, as amended, and the portions of Executive Orders 1170 I and
11758 as applicable to Equal Employment Opportunity;
the provisions of section 503 of the Rehabilitation Act of 1973, as amended, and the Americans with
Disabilities Act (ADA);
and the provisions of the Employment and Training of Veterans Act, 38 D.S.C. 4212 (fonnerly 2012).
The Company agrees that if any of the Work of this Contract wiII be perfonned by a Subcontractor, then
the provisions of this subsection shall be incorporated into and become a part of the subcontract.
1.13.4. Payment of Overtime [JEA-Cl72]
Intentionally left blank.
1.13.5. ScheduUng of Overtime [JEA-CI73]
Intentionally left blank.
1.13.6. Show-Up Pay [JEA-CI74]
In the event that inclement weather prevents the Company from performing Work, the Company tnay be
obligated to pay its crew a show-up pay. The Company shan be solely responsible for providing this pay.
1.14. SECTION TITLE: RIGHTS & ~MEDIES [JEA-521]
1.14.1. Intellectual Property [JEA-CI75]
The Company grants to JEA an irrevocable, perpetual, royalty free and fully paid-up right to use (and such
right includes, witboutlimitation, a right to copy, modify and create derivative works from the subject
matter of the grant of the right to sublicense all, or any portion of, the foregoing rights to an affiliate or a
third party service provider) the Company's intellectual property (including, without limitation, all trade
secrets, patents, copyright and know-how) that is contained or embedded in, required for the use of, that
was used iIi the production of or is required for the reproduction, modification, maintenance, servicing,
improvement or continued operation of any applicable unit of Work.
If the Work contains, has embedded in, requires for the use of any third party intellectual property, or if the
third party intellectual property is required for the reproduction, modification, maintenance, 1Jervicing,
improvement or continued operation of the Work, the Company shall secure for JEA an irrevocable,
perpetual, royalty free and fully paid-up right to use all third 'Party intellectual property. The Company shall
secure such right at its expense and prior to incorporating any third party intellectual property (including,
without limitation, all trade secrets, patents, copyright and know-how) into any Work, including, without
limitation, all drawings or data provided under the Contract, and such right must include, without
limitation, a right to copy, modify and create derivative works from the subject matter of the grant of the
right and a right to sublicense all or any portion of the foregoing rights to an affiliate or a third party service
provider.
Should JEA, or any third party obtaining such work product through JEA, use the Work or any part thereof
for any purpose other than that which is specified herein, it shall be at JEA's sole risk.
The Company will, at its expense, defend all claims, actions or proceedings against JEA based on any
allegation that the Work, or any part of the Work, constitutes an infringement of any patent or any other
intellectual property right, and will pay to JEA all costs, damages, charges, and expenses occasioned to
35
I JBA by reason thereof. JEA will give the Company written notice of any such claim, action or proceeding
and, at the request and expense of the Company, JEA will provide the Company with available infonnation,
assistance and authority for the defense.
If, in any action or proceeding, the Work, or any part thereof, is held to constitute an infringement, the
Company will forthwith either secure for JEA the right to continue using the Work or will, at the
Company's expense, replace the infringing items with non-infringing Work or make modifications as
necessary so that the Work no longer infringes.
The Company will obtain and pay for all patent and other intellectual property royalties and license fees
required in respect of the Work.
1.14.2. Off'.5ets [JEA-C176]
In case the Company is in violation of any requirement of the Contract, JEA may withhold payments that
may be due the Company, and may offset existing balances with any JEA incurred costs against funds due
the Company under this and any other Company Contract with JEA, as a result of the violation, or other
damages as allowed by the Contract Documents and applicable law.
1.14.3. Proprietary Information [JEA-C178]
The Company shall not copy, reproduce, or disclose to third parties, except in connection with the Work,
any information that JEA furnishes to the Company. The Company shall insert in any subcontract a
restriction on the use of all information furnished by JEA. The Company shall not use this information on
another project. All information furnished by JEA will be returned to ffiA upon completion of the Work.
1.14.4. Removal of Work [JEA-C179]
The Company shall not seU, assign, mortgage, hypothecate or remove Work that has been delivered to or
installed at the Work Location.
1.14.5. Right to Audit and Financial Reporting [JEA-C327]
Upon JEA's requests, the Company agrees to allow JEA to audit its financial and operating tecords for the
purpose of determining Invoice accuracy, or otherwise assessing compliance with the Contract Documents.
The Company agrees to let JEA personnel, or their qualified representative access the records at Company's
office, with three days written notice, for a reasonable period, not less than five days, in a workspace
suitable for the audit provided by Company. All audit work will be done on Company premises, and no
Company documentation will be removed from Company offices. The Company agrees to hl?ve
knowledgeable personnel available to answer questions for the auditors during the time they are at the
Company's offices and for a period of two weeks thereafter. The Company shall provide to JEA audited
fmancial statements for the most recent fiscal year upon JENs request, not later than five days after receipt
of written request.
1.14.6. Title to Materials Found [JEA-C181]
JEA shall retain the title to water, mineral matter, timber and any other materials that the Company, or its
Subcontractors, encounter during the excavation or other operations of the Work, The Company shaD use
or dispose of this material in accordance with the Contract or written instructions from the Contract
Administrator. Any materials found in the excavation, or other operations of the Company, that are of
archaeological or historical value shall be left in place. The Company shall immediately notify JEA of the
fmd and shall take no further action until directed by JEA,
36
, 1.15. SECTION TITLE: REPRESENT A TIONS & WARRANTIES [JEA-522]
1.15.1. Company's Knowledge of the Work [JEA-C183]
The Company represents that the Contract Price and the detailed schedule for the execution of the Work are
based on its owQ. knowledge and judgment of the conditions and hazards involved, and not upon any
representation of JEA. JEA assumes no responsibility for any understanding or representation made by any
of its representatives during or prior to execution of the Contract unless such understandings or
representations are expressly stated in the Contract and the Contract expressly provides that JEA assumes
the responsibility.
1.15.2. Company's Plans and Specifications .[JEA.C184}
All plans and specifications that the Company provides for any building, structure, system or equipment
where required by federal, state, local laws and regulation as part of the Work shall bear the seal of a
professional engineer duly registered in the State of Florida at no cost to JEA.
1.15.3. Company's Warranties [JEA-C18S] ***
The Company unconditionally warrants to JEA for a period of not less than 2 years from the earlier of
Acceptance or Substantial Completion and beginning ofnonnal use by JEA. whichever is earlier, that all
Work furnished under the Contract including, but not limited to, materials, equipment, workmanship, and
intellectual property, including derivative works will be:
performed in a safe, professional and workman like manner;
free from Defects in design, ma~ and workmanship;
i :fit for the use and purpose specified or referred to in the Contract;
suitable for any other use or purpose as represented in writing by the Company;
in conformance with the Contract Documents; and .
merchantable, new and offust-class quality.
The Company warrants that the Work shall conform to all applicable standards and regulations
promulgated by federal, state, local laws and regulations, standards boards, organizations of the Department
of State, and adopted industry association standards. If the Work fails to conform to such laws, rules,
standards and regulations, JEA may return the Work for correction or replacement at the Company's
expense, or'retum the Work at the Company's expense and cancel the Contract. If the Company performs
services that fall to conform to such standards and regulations the Company shall make the necessary
corrections at Company's expense. JEA may correct services to comply with standards and regulations at
the Company's expense if the Company fails to make the appropriate corrections within a reaponable time.
r
If Work includes items covered under a manufacturers or Subcontractor's warranty that exceeds the
requirements stated herein, Company shall transfer such warranty to JEA. Such warranties, do not in
anyway limit the warranty provided by the Company to lEA.
If, within the warranty period, JEA determines that any of the supplies are defective or exhibit signs of
deterioration, in the opinion of JEA, the Company, at its own expense, shall repair, adjust, or replace the
defective Work to the complete satisfaction of JEA. The Company shall pay all costs ofrernoval,
transportation, reinstallation, repair, and all other associated costs incurred in connection with correcting
such Defects in the Work. The Company shall correct any Defects only at times designated by JEA. The
Company shall extend the warranty period ap additiona112 months (36 months total) for any portion of the
Work that has undergone warranty repair or replacement.
When operational conditions warrant, JEA may repair or replace any defective equipment at the Company's
expense. JEA may repair or replace any defective Work at the Company's expense when the Company fails
37
~ to correct the Defect within a reasonable time of receiving written notification of the Defect by JEA, when
the Company is unable to respond in an emergency situation, or when necessary to prevent JEA from
substantial fmancia] loss. Where JEAmakes repairs or replaces defective Work, JEA will issue the
Company a written accounting and invoice of all such work to correct Defects. The Company's liability to
JEA for the costs of rem ova], transportation, reinstallation, and all other associated costs incurred in
connection with correcting Defects in the Work will be limited to 1.5 times the original installed purchase
price of the specific Work.
Where spare parts may be needed, Company warrants that spare parts will be available to JEA for purchase
for at least 75 p~rcent of the stated useful1ife ofllie product.
The Company's warranty excludes remedy for damage or Defect caused by abuse, improper or insufficient
maintenance, improper operation, or wear and tear under normal usage.
Where JEA intends to perform a warranty inspection, JEA will notify the Company and the Company
Representative shall attend the inspection.
1.15.4. Competent Performance of the Work [JEA-C186]
The Company represents that it will conduct the Wqrk in a manner and with suffiCient labor, materials and
equipment necessary to affect a diligent pursuance of the Work through Final Completion. If, in the sole
opinion of JEA, the Company fails to perform the Work as represented, JEA may, at its sole discretion,
take charge of the Work and furnish and provide the labor, materials, and equipment necessary to complete
the Work as planned within the required time if JEA deems the organization of the Company or its
management, or the manner in which Company is performing the Work, to be manifestly i:i1competent or
inadequate to complete the Work as specified. The Company shall pay JEA for the cost of all such Work
completed by JEA.
1.15.5. Encroachment on Outside Property [JEA-C187]
The Company warrants that it shall not encroach on any rights or property .of the public or adjoining
property owners and shall hold JEA harmless because of any encroachments that may result from the
Company's lack of proper layout. If such an encroachment occurs, the Company agrees to remove any
Work or portion thereof, that encroaches on the property of others, or that is built beyond legal building or
setback limits, and shall rebuild the affected Work, or portion thereof, at the proper location, all without
extra cost to JEA.
1.15.6. Free and Clear Title [JEA-C188]
The Company warrants that it has title to all equipment and materials furnished under the C61itract where
title will pass to JEA, and that the equipment and materials passed to JEA are free and clear of all liens,
claims, security interests and encumbrances.
1.15.7. Performance of the Work [JEA-CI89]
The Company represents and warrants that it has the full corporate right, power and authority to enter into
the Contract and to perform the acts required of it hereunder, and that the perfonnance of its ob ligations
and duties hereunder does not and will not violate any Contract to which the Company is a party or by
which it is otherwise bound. The Company warrants that all items provided under the Contract shall be free
from Defect and services shall be performed in a professional manner and with professional diligence and
skill, consistent with the prevailing standards of the industry, The Company warrants that the Wark will
meet the functional and performance requirements defined in the Contract.
38
,
t 1.15.8. Safety Representation [JEA~C190J
The Company represents and warrants to JEA that it has the capacity to train and supervise its employees,
Subcontractors and suppliers to ensure the Work complies with all safety requirements of the Contract
Documents. The Company shall be responsible for executing the necessary safety training and supervision
of its employees and Subcontractors, and acknowledges that JEA is not responsible for traijUng or
supervising the Company's employees, except when noted for the purpose of enforcing compliance with
these safety requirements.
1.16. SECTION TITLE: TERM & TERMINATION [JEA~523]
1.16.1. Term of Contract ~ (Defined Dates) [JEA~C193] ***
The initial term of this Contract will be three (3) years from the Effective Date of the Contract (the "Initial
Term").
JEA may, at its sole discretion, offer renewal options, subject to ~vailabi1ity of lawfully appropriated funds.
Each renewal option is for a one (1) year period (each, a ''Renewal Term", together with the Inf,tial Term,
the "Tenn") and may be exercised up to two (2) times. If Company desires to renew the Contract,
Company must provided JEA with written notice sixty (60) days prior to expiration of the Contract
JEA's decision to renew will be based on the performance of the Company and current'market conditions at
that time. Prices will remain :firm for the initial term. At the end of the initial term and each renewal terms,
if any, JEA will evaluate prices as well as other performance measures. Price changes will be negotiated on
changes such as market conditions, value-added services provided, meeting of goals anellor changes to
applicable price indices. JEA in general expects to' see a decline in prices on renewals as renewal periods
incur no startup costs, the Company is already familiar with the Work, and the Company has had the
, opportunity to engage in process and performance improvement acti.onsrelated to the Contract.
1.16.2. Termination for Convenience [JEA~C1941
JEA shall have the absolute right to tenninate in whole or part the Contract, with or without cause, at any
time after A ward upon written notification of such termination.
In the event of termination for convenience, JEA will pay the Company for an disbursements and expenses
that the Company has incurred, or those for which it becomes obligated prior to receiving JEA's notice of
termination. JEA will also pay the Company costs incurred less the reasonable resale value, of materials or
equipment that the Company has already ordered, obtained or fabricated in connection with the Contract.
Upon receipt of such notice of termination, the Company shall stop the performance of the Work hereunder
except as may be necessary to carry out such termination and take any other action toward termination of
the Work that JEA may reasonably request, including all reasonable efforts to provide for a prompt and
efficient transition as directed by JEA.
lEA will have no liability to the Company for any cause whatsoever arising out of, or in connection with,
termination including, but not limited to, lost profits, lost opportunities, resulting change in business
condition, except as expressly stated within these Contract Documents.
1.16.3. Termination for Default (Bond) [JEA-C195} ww*
JEA may give the Company written notice to discontinue all Work under the Contract in the event that:
- The Company assigns or subcontracts the Work without prior written permission;
- Any petition is filed or any proceeding is commenced by or against the Company for relief under any
39
J bankruptcy or insolvency laws;
i
- A receiver is appointed for the Company's properties or the Company commits any act of insolvency
(however evidenced);
- The Company makes an assignment for the benefit of creditors;
- The Company suspends the operation of a substantial portion of its business;
- The Company suspends the whole or any part of the Work to the extent that it impacts the Company's
ability to meet the Work schedule, or the Company abandons the whole or any part of the Work;
- The Company, at any time, violates any of the conditions or provisions of the Contract Documents, or the
Company fails to perform as specified in the Contract Documents, or the Company is not complying with
the Contract Documents.
- The Company attempts to willfully impose upon JEA items or workmanship that are, in JEA [s sole
opinion, defective or of unacceptable quality.
- The Company breaches any of the representations or warranties
- The Company is detennined. in JEA's sole opinion. to have misrepresented the utilization of funds or
misappropriate property belonging to JEA. ..
- Any material change in the financial or business condition of the Company.
If, within 24 hours after service of such notice upon the Company, an arrangement satisfactory to JEA has
not been made by the Company for continuance of the Work, the JEA may tenninate the Contract.
Once a Company is declared in default, the sUTety shall assume the Company's place in all respects and
shan be paid by JEA all monies, if any, due the Company at the time of such notice to discontinue, or any
monies thereafter that may become due the Company in accordance with the terms of the Contract.
If the Company fails to make arrangements satisfactory to JEA within 3 months after service to the
Company of a notice to discontinue Work, and in the case where a Payment and Performance Bond is in
effect, the surety has not exercised its option. then without further notice to the Company or the surety, JBA
may terminate the Contract and shall have the power to complete the Work herein described as it may
determine. In such a case, JEA shall have the right to take possession of and use any of the materials, plant,
tools, equipment, supplies and property of any kind provided by the Company for the purpose oftbis Work.
JEA will charge the expense of completing the Work to the Company and will deduct such expenses from
monies due, or which at any time thereafter may become due, to the Company. If such expenses are more
than the sum that would othervvise have been payable under the Contract, then the Company shall pay the
amount of such excess to JBA upon notice of the expenses from JBA. JEA shall not be required to obtain
the lowest price for completing the Work under the Contract, but may make such expenditures that, in its
sole judgment, shall best accomplish such completion. JEA will, however, make reasonable efforts to
mitigate the excess costs of completing the Work.
The Contract Documents shall in no way limit JEA's right to all remedies for nonperformance yrovided
under law or in equity, except as specifically set forth herein. In the event oftennination for '"
nonperformance, the Company shall immediately surrender all Work records to JEA, In such a case, JEA
may set off any money owed to the Company against any liabilities resulting from the Company's
nonperformance.
JEA has no responsibility whatsoever to issue notices of any kind, including but not limited to deficient
perfonnance letters and scorecards, to the Company regarding its performance prior to default by Company
for performance related issues.
JEA shall have no liability to the Company for termination costs arising out of the Contract, or any of the
Company's subcontracts, as a result oftennination for default.
40
1 I
1.17. SECTION TITLE: GENERAL TERMS & CONDITIONS [JEA-524]
1.17.1. Ambiguous Contract Provisions [JEA-C196]
The parties. agree that this Contract has been the subject of meaningful analysis and/or discussions of the
specifications, tenns and conditions contained in this Contract. Therefore, doubtful or ambiguous
provisions, if any, contained in this Contract will not be construed against the party who physically'
prepared this Contract. The role commonly-known as "Fortius Contra Proferentum" will not be applied to
this Contract or any interpretation thereof. .
1.17.2. Amendments [JEA-CI97]
This Contract may not be altered or amended except in writing, signed by JEA Procurement, the Company
Representative, or their duly authorized representatives.
1.17.3. Choice of Law [JEA-CI98]
This Contract, and the rights and duties ofth.e parties arising from or relating to this Contract or its subject
niatter, shall be construed in accordance with the laws of the State of Florida, and the ordinances of the City
of Jacksonville without regard to its conflicts of laws provisions. Each of the parties i1Tevocably submits to
the exclusive jurisdiction of the courts of Florida, and further agree that the venue for any legal action
brought by or files against JEA relating to any matter arising under this Con1ract shall be exclusively in that
state or federal court,.sitting in Duval county, Florida that has jurisdiction over such legal actions.
1.17.4. Confidentiality and Public Record Laws [JEA-574]
; Any information disclosed by one party (''Disclosing party") to the other party ("Recipienf') in connection
with this Contract that is marked confidential or that due to its character and nature, a reasonable person
under like circumstances would treat as confidential (the "Confidential Information") will be protected and
held in confidence by the Recipient. Confidential Information will be used only for the purposes of this
Contract and related internal administrative purposes. Disclosure of the Confidential Information will be
restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in
co~ection with the Work, who are bound by confidentiality obligations no less s1ringent than these prior to
any disclosure. Each party may disclose Confidential Information relating to the Work to providers of
goods and services for the engagement to the extent such disclosure is neoessary and reasonably
anticipated. Confidential Information does not include information which: (i) is already known to
Recipient at the time of disclosure; (ii) is or becomes publicly known through no wrongful act or failure of
the Recipient; (Hi) is independently developed by Recipient without benefit of Disclosing Party's
Confidential Information; or (iv) is received from a third party which is not under and does fit thereby
breach ~ obligation of confidentiality. Each party agrees to protect the other's Confidentia 'lnfonnation at
all times and in the same manner as each protects the confidentiality of its own proprietary and confidential
materials, but in no event with less than a reasonable standard of care. A Recipient may disclose
Confidential Information to the extent required by law, but that disclosure does not relieve Recipient onts
confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets,
these confidentiality restrictions and obligations will terminate five (5) years after the expiration or
termination ofthe Contract under which the Confidential Information was disclosed, unless the law
requires a longer period.
The parties acknowledge that JEA is a body politic and corporate that is subject to Chapter 119, Florida
Statutes, and related statutes known as the "Public Records Laws". If a request is made to view such
Confidential Information, JEA will notify Company of such request and the date that such records will be '., .~
released to the requester unless Company obtains a court order enjoining such disclosure. If the Company
fails to obtain that court order enjoining disclosure, JEA will release the requested information on the date
specified. Such release shall be deemed to be made with the Company's consent and will not be deemed to
41
J ?e a violation of law, including but not limited to laws concerning trade secrets, copyright or other
mtellectual property. In the event the Company breaches this Contract, then the Company hereby grants
lEA a limited license to use the Confidential Information in any reasonable way in order to mitigate JEA's
damages.
1.17.5. Conflict and Order of Precedence [JEA-C199]
The Contract shall consist of JEA's Contract or Purchase Order together with these specifications and
conditions including, but not limited to, the executed Bid Document, which shaH be collectively referred to
as the Contract Documents. This Contract is the complete agreement between the parties. Parol or
extrinsic evidence will not be used to vary or contradict the express tenns of this Contract. The Contract
Documents are complementary; what is called for by one is binding as if called for by all. The Company
shall, upon discovery, infonn JEA in writing of any conflict, error or discrepancy in the Contract
Documents. Should the Company proceed with the Work prior to written resolution ofthe error or conflict
by!EA, all Work done is at the sole risk of the Company. JEA will generally consider this precedence of
the Contract Documents in resolving any conflict, error, or discrepancy:
- Executed Change Orders I Amendments
- Contract
- Purchase Orders
- Technical Specifications and Drawings, Exhibits & Attachments
- Bid Document
- References
The figure dimensions 90 drawings shall govern over scale dimensions. Contract and detailed drawings
shall govern over general drawings. The Company shall perform any Work that may reasonably be inferred
from the Contract as being required whether or not it is specifically called for. Work, materials or
equipment described in words that, so applied, have a well-known technical or trade'meaning shall be taken
as referring to such recognized standards.
1.17.6. Cumulative Remedies [JEA-C200]
Except as otherwise expressly provided in this Contract, all remedies provided for in this Contract shall be
cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity
or otherwise.
1.17.7. Entire Agreement [JEA-C201}
This Contract contains all of the understandings and agreements of the parties hereto in respect of the
subject matter hereof as of the Contract date. Any and all prior understandings and agreements, expressed
or implied, between the parties hereto in respect of the subject matter hereof shall be superseded hereby,
Parol or extrinsic evidence will not be used to vary or contradict the express tenns of this Contract.
1.17.8. Expanded Definitions [JEA-C202]
Unless otherwise specified, words importing the singular include the plural and vice versa and words
importing gender include all genders. The term "including" means "including without limitation", and the
tenns "include", "includes" and "included" have similar meanings, Any reference in this Contract to any
other agreement is deemed to include a reference to that other agreement, as amended, supplemented or
restated from time to time. Any reference in the Contract to "all applicable laws, rules and regulations"
means a1] federal, state and local laws, rules, regulations, ordinances, statutes, codes and practices.
42
~ 1.17.9. Force Majeure [JEA-C203]
I
No party shall be liable for any default or delay in the performance of its obligations under this Contract
due to an act of God or other event to the extent that: (a) the non-performing party is without fault in
causing such default or delay; (b) such default or delay could not have been prevented by reasonable
precautions; and (c) such default or delay could not have been reasonably circumvented by the non-
performing party through the use of alternate sources, work-around plans or other means. Such causes
include, but are not limited to: act of civil or military authority (including but not limited to courts or
administrative agencies); acts of God; war; terrorist attacks; riot; insurrection; inability of JEA to secure
approva~ validation ()r sale of bonds; inability of JEA or the Company to obtain any required permits,
licenses or zoning; blockades; embargoes; sabotage; epidemics; fires; hurricanes, tornados, floods; or
strikes.
In the event of any delay resulting from such causes, the time for performance of each of the parties
hereunder (including the payment of monies if such event actually prevents payment) shall be extended for
a period of time reasonably necessary to overcome the effect of such delay, except as provided for
elsewhere in the Contract Documents.
In the event of any delay or nonperformance resulting from such causes, the party affected shall promptly
notify the other in writing ofthe nature, causo, date of commencement and the anticipated impact of such
delay or nonperformance. Such written notice, including Change Orders, shall indicate the extent, if any, to
which it is anticipated that any delivery or completion dates will be thereby affected.
1.17.10. Hand Digging Around Trees, Tree Trimming, Arborist Services and Tree Removal [JEA-
S7S]
No separate measurement and payment shall be made for hand digging around trees, tree trimming, and
provision of arborist services, but all cost shall be included in the associated itetn of work in the bid form.
Hand digging, tree trimming, and arborist services shall include but not be limited to all labor, equipment
and supervision required to successfully hand dig or trim tree branches where tree roots or branches may be
destroyed or injured due to the Work. Item shall include services ofa certified arborist as required by the
City landscape architect to ensure minimal or no damage to tree canopy or root system. If the tree canopy
or root system is damaged, the Company, at its own expense, shall repair, restore, or replace the tree at the
direction of the arborist. The Company shall reView the drawings and Visit the Work area prior to the bid to
satisfy itself as to the amount of tree removal and disposal to be performed to complete the Work, and the
extent of tree trimming required to perform the work. All tree mitigation costs shall be borne by the City of
Jacksonville. Trees identified on the drawings for removal shall not be paid for separately, but all
associated cost for removal and disposal and subsequent compacted soil backfill replacement shall be
included in the, associated item of the work.
I"
1.17.11. Headings [JEA-C204]
The division of this Contract into sections, the insertion of headings andlor index numbers and the
provision of a tab Ie of contents are for convenience of reference only and are not to affect the construction
or interpretation of this Agreement.
1.17.12. Language and Measurements [JEA-C205]
All communication between the Company and JEA, including all documents, notes on drawings, and
submissions required under the Contract, will be in the English language. Unless otherwise specified in the
Contract, the US System of Measurements shall be used for quantity measurement. All instrumentation
and equipment will be calibrated in US System of Measures.
43
\ 1.17.13. Non-waiver [JEA-C207]
!
Failure by either party to insist upon strict performance of any of the provisions of the Contract will not
release either party from any of its ob ligations under the Contract.
1.17.14. Notices and Correspondence [JEA-C208] ***
All notices required or permitted under this Contract shaIl be in writing and shall be deemed received if
sent by one of the following means: (a) upon receipt if delivered by hand; (b) one day after being sent by an
express courier with a reliable system for tracking delivery; (c) three days after being sent by certified or
registered first class mai~ postage prepaid and return receipt requested; or (d) upon confirmed facsimile
transmission provided that a copy shall be sent by another of the foregoing means. All notices shall be
addressed by a party to the other party as follows:
In the case of JEA:
Attn: Bill Clendening, Mgr., W&S Grid Preventive Maint.
2434 N. Pearl St., Jacksonville, FL 32206
and to:
JEA
Heather Burnett, Contracts Manager
21 W. Church St. CC-6, Jacksonville, FL 32202
In the case of Company:
Mr. Richard Taylor Howton
Tnsituform Technologies, Inc.
17988 Edison Ave. Chllsterfield, Mo. 63005
Telephone: (636) 530-8000
Facsimile: (636) 530-8701
Either party may change its address from time to time upon prior written notice to the other specifying the
effective date of the new address.
1.17.15. Publicity and Advertising [JEA-C209]
The Company shaIl not take any photographs, make any announcements or release any information
concerning the Contract or the Work to any member of the public, press or official body unless prior
written consent is obtained from JEA. JEA is governed by the Florida Public Records Laws so all Contract
Documents are available for public inspection. In addition, JEA is governed by Florida Sunshine Laws and
as such, certain m~etings are required to be open to the public. if
1.17.16. References [JEA-C210]
Unless otherwise specified, each reference to a statute, ordinance, law, policy, procedure, process,
document, drawing, or other informational material is deemed to be a reference to that item, as amended or
supplemented from time to time. All referenced items shall have the enforcement ability as if they are fully
incorporated herein.
1.17.17. Relationship of the Parties [JEA-C21l]
The Company agrees that it shall perform the Work as an independent contractor and that it does not (a)
have the power or authority to bind JEA or to assume or create any obligation or responsibility, express or
implied, on lEA's part or in iliA's name, except as may be authorized by JEA under a separate written
document, or (b) represent to any person or entity that it has such power or authority except as may be
44
I"
,
"
1 authoriz.ed by JEA under a separate written document.
1.17.18. Severability [JEA-C2121
In the event that any provision of this Contract is found to be unenforceable under applicable law, the
parties agree to replace such provision with a substitute provision that most nearly reflects the original
intentions of the parties and is enforceable under applicable law, and the remainder ofthis Contract shall
continue in full force and effect.
1.17.19. Subcontracting or Assigning of Contract [JEA-C213]
Each party agrees that it shall not subcontract, assign, delegate, or otherwise dispose of the Contract, the
duties to be performed under the Contract, or the monies to become due under the Contract without the
other party's prior written consent.
The assignment of the Contract will not relieve either of the parties of any of its obligations until such
obligations have been assumed in writing by the assignee. If the Contract is assigned by either of the
parties, it will be binding upon and will inure to the benefit of the permitted assignee. The Company shall
be liable for aU acts and omissions of its assignee or its Subcontractor.
1.17.20. Survival [JEA-C214]-
The obligations of JEA and the Company under this Contract ~ are not, by the express terms of this
Contract, fully to be performed during the Term, shall survive the termiri:ationofthis Contract for any
reason.
1.17.21. Third Party Agreements [JEA-557]
Unless otherwise agreed in writing by JEA, JEA shall have no obligation to enter into any third party
agreements under this Contract. Such third party agreements shall include, but not be limited to: joint
check agreements, and revocable or irrevocable letters of direction with sureties. In the event JEA agrees to
execute any suchagreement(s), then such agreement(s) shall incotl>orate additional language as required by
JEA's Chief Purchasing Officer.
1.17.22. Time and Date [JEA-C215}
Unless otherwise specified, references to time of day or date mean the local time or date in Jacksonville,
Fla. Ifunder this Contract any payment or calculation is to be made, or any other action is to be taken, on or
as of a day that is not a regular business day for JEA, that payment or calculation is to be mafre, and that
other action is to be taken, as applicable, on or ~ of the next day that is a regulaJ;' business day. Where
reference is made to day or days, it means calendar days. Where reference is made to workday, workdays,
business day, or business days, it means regular working days for JEA Procurement.
1.17.23. Time of Essence [JEA-C216]
For every requirement of this Contract, time is of the essence,
1.17.24. Use of JEA Contracts by the City of Jacksonville [JEA-C211]
Where City of Jacksonville agencies' procurement codes allow use of JEA contracts, the Company agrees
to extend any pricing and other contractual terms to such agencies.
45
~
i 1.17.25. Waiver of Claims [JEA~C218]
A delay or omission by JEA hereto to exercise any right or power under this Contract shall not be construed
to be a waiver thereof. A waiver by JEA under this Contract shall net be effective unless it is in writing
and signed by the party granting the waiver. A waiver by a party of a right under, or breach of, this
Contract shall not be construed to operate as a waiver of any other or successive rights under, or breaches
of, this Contract.
The Company's obligations to perfonn and complete the Work in accordance with the Contract shall be
absolute. None of the following will constitute a waiver ohny of JEA's rights under the Contract: approval
or payment of any progress payments or any other payments, including rmal payment; issuance of the
Certificate of Substantial Completion or Certificate of Contract Completion; any use or occupancy of the
Work by JEA; nor any correction offaulty or defective work by JEA.
2. SECTION TITLE: WORK [JEA~525J
2.1. SECTION TITLE: SCOPE [JEA-526}
2.1.1. Obligations of the Company [JEA-C396]
The Company shall provide everything necessary to successfully complete the Work except the materials
and services specifically stated in the Contn\.ct to be provided by JEA. No payments, other than those
shown in this Contract and Exhibit B, will be made to the Company for performance of any requirements of
the Contract Documents. The Company shall perform all Work in accordance with the Contract Documents
and the applicable JEA standards manuals, safety manuals, policies, accepted commercial work practices,
local, state, and federal, rules regulations and laws which may be amended from time to time. The
Company shall provide all permits, certifications, insurances, and bonds necessary or required by good
practice, except where specifically stated in the Contract to be provided by JEA.
The Company personnel shall perform all Wark in a professional, efficient, and competent manner. The
Company is obligated to provide personnel possessing the skills, certifications, licenses, training, tools,
demeanor, motivation, and attitude to successfully complete the Work. The Company is obligated to
remove individuals from performing Work under this Contract when the Company recognizes an individual
to not be working in a manner consistent with the requirements of this Contract, or when JEA'notifies the
Company that JEA has determined an individual or group of individuals to not be working in a manner
consistent with the requirements of this Contract. The Company is obligated to ensure that their officers
and executives interact with JEA, JEA customers, whether direct or indirect customers of JE;)., with the
utmost level of professionalism and integrity.
In the event the Company chooses to use Subcontractors, the Company is obligated to provide
Subcontractors possessing the skills, certifications, licenses, training, tools, demeanor, motivation and
attitude to successfully perform the work for which they are subcontracted. The Company is obligated to
remove Subcontractors from performing Work under this Contract when the Company recognizes that a
Subcontractor is failing to work in a manner consistent witb the requirements of this Contract, or when JEA
notifies the Company that JEA has detennined a Subcontractor is failing to work in a manner consistent
with the requirements of this Contract,
The Company is obligated to ensure that sufficient supervision of the Work is provided. This includes
ensuring that the Company Supervisor is at the Work Location when Work is being performed.
The Company shaD bear sole responsibility for the efficiency, adequacy and safety of the performance of
the Work, including temporary Work and facilities, until Acceptance. Tbe Company shall be solely
responsible for any loss or damage to materials, tools, labor, and equipment used during the performance
;1f,;
.
,
1 of, or in cOIl;I1ection with, the Work. A:D.y JEA comments or approval regarding the Company's
performance, materials, working force, or equipment will not relieve the Company of any responsibility,
2.2. SECTION TITLE: LOCATION [JEA-S27]
2.2.1. Work Location [JEA-C460] "''if'"
Work shall be performed at the following location(s): within the Rights-of-Way in JEA's service area.
2.3. SECTION TITLE: TECHNICAL SPECIFICATIONS [JEA-S28]
2.3.1. 111 Water Service Replacement [JEA-C397]
Intentionally loft blank.
2.3.2. Applicable Water & Sewer Standards, DetaIls and Materials [JEA-C398]
All Work shall be done in accordance with the January 1, 2005 Edition of JEA Water & Sewer Standards,
Details & Materials (including latest revisions dated April 1, 2006). The JBA Water & Sewer Standards,
Details & Materials manual may be obtained from the JEA Bid Section, Tower Lobby, Suite 103.
2.3.3. Dewatering [JEA-S60]
If the Company encounters groundwater, the Company shall be responsible for utilizing a dewatering
system(s) to remove water from the excavations. Prior to beginning any dewatering, the Company shall.
submit a dewatering plan to the Contract Administrator for review and approval The Company shall
comply with all sampling requirements listed in Florida Department of EnvironmentaI Protection (FDEP)
Dewatering Regulations (62-621.300(2) F.A.C.) before any dewatering can begin.
Once the sampling analysis is complete, the sample(s) results shall be submitted to the Contract
Administrator for review and submittal to FDEP. If the sample analysis fails to meet FDEP water quality
standards, no dewatering can proceed without further instruction from the Construction Administrator.
Additionally, prior to any dewatering, the Company shall apply for a St. Johns River Water Management
District (SJR WMD) Generic Permit for ,Short Term Dewatering, and comply with all SJR w:MD
requirements.
"
If the above requirements are not followed, the Company shall be held liable for any rmes ai{d/or violations
incurred by JEA.
2.3.4. Drainage Along Rights-of-Way [JEA-C400]
The Company shall so conduct its operations and maintain the Work in such condition that adequate
drainage shall be in effect at all times. The Company shall not obstruct existing gutters, ditches and other
runoff facilities.
2.3.5. Earthwork [JEA-C401] ***
Suitable Material
The Company shall stockpile all material encountered during regular excavation that the JEA Engineer
determines is suitable for use as backfill material. JEA will not make separate payment for the use of
backfill material obtained on the Work from regular excavation. Excess material shall become the property
of the Company and shall be disposed of appropriately outside the right-of-way.
47
t
Unsuitable Material
All material enoountered during regular excavation that the Geotechnical Engineer determines is unsuitable
for use as backfill shall become the property of the Company and the Company shall remove and dispose of
it properly. Where unsuitable material is to be replaced, suitable material obtained elsewhere on the Work
area shall be used as backfIll at no additional cost. In the event there are not sufficient quantities of
stockpile suitable material available, Class A-3 sand shall be used as specified below for A-3 Soil Backfill.
Except as specified below for A-3 Soil Backfill, JEA will not make separate payment for replacement
material used to construct the stabilized sub-base,
),,-3 Soil Backfill
Ifthere is not enough suitable material obtained from regular excavation to use as backfill, then the
Company shall import A-3 soil to the Work area to meet the need for fill and backfill as directed by JEA or
the City of Jacksonville. The Company shall provide JEA test results for both stockpiled material and
imported material to indicate that the materials meet the minimum standards established by the
Geotechnical Engineer for this project. JEA will pay the Company at the Contract Unit Price for A-3 soil
for the importation and placement of the soil and sand. JEA will not pay the Company for A-3 soil backfill
when suitable material from regular excavation will become available, but at the time required, is not
available, due to the Company's sequence of work. Measurement of A-3 soil backfill shall be based on
actual trench section dimensions and in accordance with Section 801, Item 4.5 of the JEA January 1, 2005
edition of JEA Water and Sewer Standards, Details and Materials Manual, as alnended, unless otherwise
specified in the Contract Documents.
2.3.6. Mailboxes [JEA-C408J
The Company shall carefully remove and relocate mailboxes affected by construction operations to allow
for Uilinterrupted mail service. All temporarily relocated mailboxes sha1lbe reinstalled permanently as
soon as construction operations allow. The condition of the reinstalled mailboxes shall be at least equal to
the original facility, as directed by JEA. No additional payment shall be made for removal, relocation or
reinstallation of mailboxes. All costs shall be included in the associated line item in the Bid Document.
2.3.7. NPDES Permit Conformance [JEA-559]
Company shall comply with the State of Florida Department of Environmental Protection (FDEP)
Document No. 62-621-300(4)(a). A copy may be downloaded via internet at
http://www.dep.state.fl.us/water/stonnwater/npdes/permitsjorms.htm and is also attached to this section.
The NPDES permit program requires that if the construction activities disturb an acre or greifer of land,
then the Company must submit the Notice of Intent (N0l) to use the Generic Permit for Stonnwater
Discharge from Large and Small Construction Activities, FDEP Form No. 62-62 1.3 OO(4)(b). By applying
for the Generic Permit, the Company is certifying that it will develop and implement a Stonnwater
Pollution Prevention Plan (SWPPP) specifically designed for each construction site. Also involved are
certain certifications, notifications, inspections and record keeping activities. The SWPPP and the weekly
inspection reports are required to be kept at the project site and available for review upon request.
The SWPPP must be prepared and certified by the Company prior to commencement of construction. The
NOI will be initiated by the Company (DEP Document No. 62-621.300(4)(b)) and forwarded to the FDEP
and related fee with courtesy copy to JEA (attention: Environmental Services, 21 W. Church Street, Tower
8),
The Company shall also comply with the City of Jacksonville Ordinance 98-994-E, A SWPPP p1an that
meets the minimum erosion and sedimentation control measures required by the City of Jacksonville may
be included in the Construction Drawings. However, the Company is responsible for provi.ding a SWPPP
48
~
I that will adhere to the requirements delineated in DEP Document No. 62-621.300(4)(a). This may require
amendment or provision of additional information and controls to the SWPPP included in the Drawings.
No separate payment shall be made for a SWPPP and its implementation, but all associated costs shall be
included in the associated item of work in the Bid Form.
The Company shall obtain all other applicable local, state, and federal permits. It is unlawful to have any
discharges that are not composed entirely of stormwater (except discharges pursuant to a NPDES permit) to
the Municipal Separate Stormwater System (MS4). Only non-contaminated water/non~turbid water shall
be transported through the MS4. Groundwater discharge (approved by the Florida Department of
Environmental Protection pursuant to 62-621.300(2)) from dewatering activities may be routed into the
stormwater system, drainage ditch, creek, river or wetland providing that erosion, and transportation of.
suspended solids to the system is prevented. If contaminated soil or contaminated groundwater is
encountered, the dewatering activity shall cease immediately, and the Company shall contact the JEA
Project Manager and also FDEP at (904) 807-3300 and.
Company must complete Notice of Termination (NOT) (DEP Doc. No. 62-621.300(6), F.A.C.) within one
(1) week of final site stabilization with courtesy copy to JBA (attention: Ms Heather Burnett, 21 W. Church
Street, Tower 8). Company shall also provide copies of NOT to JEA Project Manager with final payment
and construction close-out documents.
A copy ofNPDES Forms and Checklist are attached to this section.
JEA will reject any and all invoices and Application for Payments unless JEA receives a copy of the
Company's NOI and NOT that were forwarded to the FDEP. In addition, if the above requirements are not
followed, the Company shall be held liable for any fines and/or violations incunoed by JEA.
,\ 2.3.8. Prevention, Control and Abatement DfErosion and Siltation [JEA-C321]
The Company shall take steps and make suitable provisions to m;n;m;7,e siltation and erosion of waterways
that may result from its operation, during the course of construction.
The Company shall make suitable' arrangements, which may require the temporary construction of flumes,
boxes, or some other device(s), at the Work Location for the drainage and disposal of water. The Company
shall be responsible for protecting adjacent property to the Work Lot:ation from damage by water resulting
from its operations. The Work Location shall be returned to its original condition to the satisfaction of JEA.
The Company is cautioned that execution qr maintenance that creates turbidity and that directly or
indirectly affects the water quality of any waterway into which storm water is discharged in such a manner
as to exceed the limitations prescribed in the Florida Administrative Code, is a violation of the water
quality standards of the State of Florida. rr
Turbidity shall not exceed 29 N1U's, above background level within 100' of the construction activity.
Costs incurred by the Company for compliance to the restrictions outlined above shall be included in the
cost of the items for which the turbidity control is required, unless a separate line item is included in the
Bid Document for turbidity control: Silt barriers shall be used at all waterway crossings or at any time
during construction that siltation or erosion may occur. The Company shall submit to the lEA Engineer, for
written approval prior to construction, the method to be used to control the turbidity. The JEA Engineer's
approval of the method to be used in no way relieves the Company of the liability in case of a citation
against lEA.
2.3.9. Sewage Spills [JEA-C334}
The Company shall minimize the amount of sewage released into excavations by notifying affected parties
of the service interruption, pre-draining affected lines, insuring pump station (non- )operating status, etc.
The Company shall notify lEA immediately verbally, with written notification to follow.
49
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The Company shall take precautions' to prevent sewage from contacting the ground. If sewage contacts the
ground, the Company shall take appropriate measures to disinfect the area of the sewage release. lfpooling
sewage is observed, the Company shall vacuum remove the sewage, or remove the sewage by other means
acceptable to the JEA Representative, and dispose of the sewage in accordance with environmental and
public health regulations, The Company shall clear any sanitary systems found plugged due to this type of
pumping activity at its own expense,
2.3.10. Temporary Roadways [JEA-C341]
lfthe Company's operations render any street or private way unsafe, the Company shall make such repairs
or provide such temporary ways and guards necessary for the protection and safety of persons on the Work
and the public, and for the orderly maintenance of traffic.
The Company shall always provide and maintain a hard-surfaced roadway for traffic. Where temporary
detours of lanes are required, they shall be asphalt-paved by the Company. The Company mf,LY construct
paving section(s) appropriate to support traffic, provided the surface is smooth and the profile reasonable,
and as a minimum, consists of 1 inch of bituminous structural course over a 6-inch llinerock base that was
inspected and approved by the JEA Engineer. Should any temporary pavement fail, the Company shall be
responsible for repairing it, at its own cost, before close of Work on the day notification is given. Should
the Company be unable to make such repair by close of Work, the Company shall notify the Contract
Administrator and provide an estimated time when repairs can be made. No repair tiineframes shall exceed
48 hours. Any damages, either direct or indirect, resulting from such temporary pavement failures shall be
the sole liability of the Company.
Alllimerock base material used for temporary pavement and constructed in proposed grassed areas shall be
completely removed and disposed of by the Company prior to final restorative grassing operations. The
area shall be backfilled with material stockpiled on the Work Location that is conducive to growth of the
plant material. All costs associated with this work shall be included in the associated line item in the Bid
Document.
2.3.11. Traffic Signage [JEA-573]
Costs incurred by the Contractor to provide new signage and pavement markers, or remove and replace
existing signage as necessaty to accomplish the work shall not be paid for separately but shall be merged
with the cost of the associated item of work. Damaged signage shall be replaced with new signage. All
signage and pavement markers in accordance with the drawings and City Traffic Engineer's requirements.
2.3.12. Tree Protection [JEA-C345]
~
The Company shall protect all trees, in accordance with applicable city and county laws, froih damage by
vehicles, equipment and machinery, except those trees designated for removal (via permit) on the
construction drawmgs. Removal of any tree not so designated nor permitted, shall be only upon specific
approval by the JEA Engineer,
Excavated dirt shall not be piled around the base of any tree not designated for removal. The Company
shall not bury or bum any refuse around or near the trees. The Company shall proceed with caution when
excavating in the vicinity of root structure of any tree. Excavation shall be by hand if necessary,
Roots up to 2" in diameter when severed do not require any pruning paint. Roots from 2" to 4" in diameter
must be severed with a pruning saw and painted. Roots over 4" shall not be severed except as directed by
the JEA Engineer.
An ax or similar tool is not acceptable for pruning. The wood shall be treated with asphalt-type pruning
paint as soon as possible after pruning,
50
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i Prior to any site disturbance, barriers shall be put up around each tree to be protected. 'Ihese barriers shall
be constructed of 2 x 4's or any other practical materials that will discourage disturbance near the tree. To
conform to applicable city and county laws and codes, these barriers should be at le.~t 6' away from the
trunk of the tree and protect an area that is at least 50% of the unpaved area covered by the crown spread of
the tree. When conditions permit, barriers are to be placed in sucb a manner as to provide the largest
undisturbed area possible.
Cutting tree roots shall be kept to a minimum and only allowed when absolutely necessary. In such
instances the Company shall ensure thRt all cuts are made clean with a saw, free of all loose soil, and sealed
with pmning paint or shellac. At no time shall roots be pulled, ripped or cut with a blade, backhoe or other
mechanical device. Additional fill under the crown spread of trees shall be kept to a minimum. If
additional fill is unavoidable, all fill material sball consist of clean, coarse sand or gravel, free of silt and
clay to allow for free movement of air and water. Lowering the grade under the crown spread of trees will
not be pennitted.
Should branches require pruning to provide for roadway or other necessary clearance, they shall be cut
back to a main stem or crotch of the tree. All cuts shall be made at the bench collai" to allow the n.atural
healing process of the tree to occur. To further promote the natural healing process, no pruning paint or
other materIal shall be applied to pruning cuts.
If a tree is wounded during construction, all bark surrounding the wound shall be cut away and carafully
removed. Care shall be taken .to leave as much cambium as possible.
Any tree whose root system has been disturbed or damaged must be properly fertilized to aid in Its
recovery. The hole or punch-bar method shall be used for applying fertilizer. The holes should be
approximately 12" to 18" deep, 1 n to 2" in diameter, 2' apart, and extend 2' past the drip line of the tree.
,- The Company shall not apply fertilizer within 1 foot of the trunk: of a small tree (up to 6" in diameter) or
~ within 3' of the trunk of a large tree (over 6" in diameter). Injury to the root collar and trunk base may
result. The type of fertilizer to be used shall be 25% organic 8-8-8 with minor elements included.
Chemical analysis as follows: Total Nitrogen, not less than 8.00%, available Phosphoric Acid, not less
than 8.00%, water soluble potash, not less than 8.00%. Fertilizer shall be applied at the following rates and
shall be evenly distributed among the holes:
Hardwoods up to 6" Dia. 2 Ib 0 per inch of Dia.
Hardwoods over 6" Dia. 4 lb. per inch of Dia. .
Evergreens up to 6" Dia. lib. per inch ofDia.
Evergreens over 6" Dia. 2 lb. per inch of Dia.
2.3.13. Paving Removal and Replacement 'I
Add the following to Section 80 I, Items 9.1 and 9.2. Pavement removal and replacement shall be based on
a maximum asphalt sawcut width of 6' (3'-maxfmum trench width) and shall adhere to the COJ Pavement
Repair Details referenced in the Bid Item. Pavement settlement will be inspected 11 months after
installation. Areas experiencing 1;2" or more total dip in any cross section shall be considered a defect, and
shall be corrected as directed by JEA. '
2.3.14. Sewer Lateral Piping - Remove and Replace
Add the following to Section 801, Item 16.4: When practical, the service lateral pipe shall be installed by
tunneling under the curb and sidewalk to minimize replacement work.
2.3.15. Sewer Piping Remove and Replace Through Point Repairs
Add the following to Section 801, Item 16.2: Payment for a point repair and/or obstruction removal will be
by sewer diameter, divided into 4' depth intervals and payment made for eacb point repair performed.
Example: 6" -10" and shall include an allowance for 6' length of pipe. Lengths beyond 6' shall be paid
per the linear foot within the dej:lth interval. 12" -18" sewer pipes shall include an allowance for 10'
51
}
length of pipe. Lengths beyond 10' shall be paid per the linear foot within the depth interval. All repair
cl~ps, fittings, and street repair are included with the task. Payment shall be per the unit prices set forth,
Pom.t repairs for pipe sizes greator than 18" shall be handled by Supplemental Work Authorization, Point
repalrS developing as a result of the cleaning operation, shall be the full responsibility of the CIPP
Contractor. In the event the Contractor cannot correct the problem in a timely manner, JEA will coordinate
the repair and shall issue a back charge to the Contractor.
2.3.16. Contingency Items
Bid Line Items are included herein to obtain unit prices to perfonn the work under contingency, should it
be encountered during the perfonnance of the Work. JEA is unaware of the existence of these conditions at
this time, but shall exercise the unit prices as required.
2.3.17. JEA Fixed Price Iteins
A unit price allowance is included in the Bid Form for select line items. These fIxed prices reflect usual
and customary fees paid for these items on JEA projects. The unit price allowance shall constitute full
compensation for the items of work.
2.3.18. General Conditions
Contract Lump Sum Price shown for General Conditions on the Bid Form shall be compensation to
complete the Work as required,in the General Conditions andlor Special Conditions that are not paid for
separately. Payment of the Lump Sum Price shall only be made for the percentage of Work completed.
The percentage as indicated on the Bid Form, shall be the maximum percentage of the associated subtotal.
2.3.19. Sewage Spills
The JEA recognizes that sewage may be released from pipes in the course of performing the Work.
Contractor shall minimize the amount of sewage released into excavations by notifying affected parties
(homeowners or businesses) of the service interruption, pre-draining affected lines, insuring pump station
(non) operating status, etc. Contractor shall take precautions to prevent sewage from contacting the
ground. If sewage contacts the ground, Contractor shall take appropriate measures to disinfect the affected
area where the sewage release occurred. When pooling sewage ,is observed, Contractor shall vacuum
remove the sewage or remove the sewage by other means acceptable to the JEA Inspector and dispose of
the sewage in accordance with environmental and public health regulations. This can include PUIPping to
the nearest available sanitary manhole. Sanitary systems found plugged due to this type of pumping
activity shall be cleaned at the Contractor's expense.
Contractor shall inform the JEA Inspector of spills which contact the ground estimated to be in excess of
five gallons. Spills of less than five gallons which contact the ground shall be noted in the Contractor's
field log book. Notification of Inspector does not mitigate Contractor's responsibility to tak~corrective
action. If JEA is fmed as a result of a sewage spllI associated with the Work, JEA may require Contractor
to reimburse JEA for the fme amount.
2.3.20. Response time
The Contractor shall have a representative available to meet with JEA within (4) Hours notice to initiate an
action plan for emergencies. As directed by JEA, the Contractor shall mobilize with manpower,
equipment, and materials to perform most emergency work within 24 hours of the initial meeting.
3.1. Special Conditions
3.1.1. Special Conditions are attached as Exhibit C and incorporated herein by reference.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Contract, in duplicate, the day and year first
above written.
A TIEST:
INSITUFORM TECHNOLOGIES, INC.
B~BY.~~
N e: 0 Ann S m It h, Name: H . u 5
T . Contl"l!Ici'fnQ I'lnd -,+:r..s.tJng Title:vP,l;p",,.,I,,, P""'J"'''+-
OffIcer
ATTEST:
~~
Name:
Title: !~ARIhBr B~eti
'Ranager, rocurement liomract8
I hereby certify that the expenditure contemplated by the foregoing Amendment has been duly authorized, and
provision has been made for payment of the monies provided therein to be paid.
By:~ ?1'~~v~ c: ~_ -1~ ~wcwl ~ " / lZ/bt
Di:ector Budget Services A-w OAf).. ~ Z
Contract No. 82768 Qh' ~<a 2./lP 13
F~
.........Office of General Counsel i<'
53
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f
Item Sgec SC Est. Units Descrlotlon UNIT TOTAL Unit I
NO. NO. QTY PRICE PRICE -1
\
1 S.9,e 1 LS TasUn" Allowance 125 DDa.DO $25 DOa.aO
/ I
Fumlsh and 'nelllll S' OIF'P (lnlng. 6.0
2 geu 4000 LF mm thIck . $26.80 S 107,200.00
i
I Fumleh and Ins1s111 0' OIF'!' Unlng a.o $31 .20 62,400.00
3 961.1 2000 LF mmltilck $
Fuml.h and 1nm.J( 12' elP!' linIng, 6.0 $32.7Q 65,400.00 i
4 961.1 2000 LF mm !hIck $
!
V FumIsh and Inalsll15" elp!' I!nln~, 7.5 $42.50 $ 42,500.00
5 961.1 1000 LF mm thick
Fumllh and Install 16" elpp linIng. 7.5 $47.90 $ , 23,950.00
6 ;61.1 500 LF mm thick
V Furnish and Install is' CIPp lining, 9.0 $46.90 93',800.00
7 961.1 2000 LF mm thIck " $
LF Furnfsh and Inatall 20' 011'1' anlng, 9.0 $59.20 29,600.00 j
8 961.2 500 mm thick $ 1
j Furnish and Inllllll 21' elpp Rnlng, 9.0 $61.80 30,900.00
9 ge1.2 , 500 LF mm thIck $
I Furn/lh and InalsU 24" CII~p lining, 9.0 $61.50 61,500.00
10 961.2 1000, LF mm thick " S
Fumlsh and Inslan 30' CIPp Rolne, 12.0 $94.10 $ 47,050.00
11 981.2 500 ,LF mm thick
:
.Furnlsh and Instal/3S' elF'p Ifnlng, 13.5 $117.90 58,950.00 "
12 961.2 SOO LF mmlh\t:ll; S
!
Furnish and Install 42' elpF' lining, 13.5 $1ZtJ.10 63,050.00
13 e81.2 500 LF mm (hick S'
FurnIsh and Install 48' CIPP lining, 15.0 $173.40 86,700.00 ,
14 961,2 500 LF mm thlok S
961.2 Furnish and Inslall fl4~ CIpP lining, 21.0 $.238.60 119,300.00
15 500 LF mm \hIck IS
, , Pipe Bursting 3" - 4" Ssrvlce Lateral to
,4,5" 00 SOR 19, HDPE (0' -4' Deep)
3' - S' Sewer Service l.ateral to 4.5', I
B.e2S', 9.0S' 00 SOR 19, HOPE ar 6' I '
or S' I've SOR35 Cen(onnlng to ASTM $36.00 S 1 ,800 .'00
16 931 50 LF ' 03034-74 (All Deot"sl
!
i I
Adjust/Reset Manhole Frame and 32' i $690.001 S 690.00
22 966' 1 EA Dla Cover U'" to One Foot
!
AdjustlResel Manhole Frame and 32' $186.00 186..00
23 962 1 VF Ola Cover ((tem 231, E;ccess Over Foot $
Lateral ConnecUon (DFW FIe;clble i
Sacldle to PVC) ~ 8" -12' HOPE. (0' - I $860.00 $ 8,600.00
32 963.1 10 EA 4' Deen\
Cured In Place PIpe (apF') Unit Pries ConstructJon Page 20 of 77
... -..... .. ....--. ....-. .-. ... ..... - ... .. ..-. -... - .-. , . .. ....... . -. -........ .. --- "-.---'" -..,- .., . . . -. "-.. ... ' .- - ~.
'-- -...-
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, Lateral connection (DFW FlexIble
963,1 Sa~dl. to PVC) 08" -12' HOPE, (4'- $1,065 :00 10,650.00
33 10 EA 8'OHDI $
. Lat.ral ConnecUon (OFW Flexible
34 9S3,1 Saddle to PVO) <<>> S' -12" HOPE, (8'-, $1,330.00 13 ,300 ,00
10 EA 12'08'01 . $
Lataral Connection (CFW Flexible
Blddll to PVC) 0 S" -12" HOPE, (12' $1,600.00 16,000.00
35 963.1 10 EA -1S' 01101 . S
Lateral ConnecUon (OFW FlelClbll
38 983.2 Saddle :rOPE) C S' -12" HOPE, (0' $855.00 8,550.00
10 fA - 4' 011 S
Literal Connection (OFW Flaxlbll
963.2 Saddle 10 HOPE) G S' -12" HOPE, (4' $1.065.00 10,650'.~0.
31 10 EA - S' DeeD) $
Lateral ConnectIOn (OFW Flexlbla
Saddle 10 HOPE) Gl S" -12" HOPE. (B' $1,330.00 13 ,30~ .00 ,
3B 983.2 fO EA -12'Ce.al . S
Lal'l'Il Connlctlon (OFW Flulble
983 Saddle to HOPE) GIS' -12' HDPE, (12' .$1,600.00 16,000.00 ' .
j. 39 10 EA -18' Oee!!l. , S
Reoonnect Ixlltlng .ervlce. using $175.00 8,750.00
44- 963.3 . 50 EA /'Obellc Intel'Nll cutter S
45 963.4 25 EA Hemmer T'D Removal $210.00 S 5.250.00
Laler.1 Camectlan Oeemed Inaa1lve (0' $760.00 . 5 , 3,800.00
45 964 IS EA - 4' Deeal
I Lateral Ccnnectlon Oeemed lnacllve (4' $1,065.00 5,325.00
47 1il64 5 EA - 8' Dellol .
Lateral Canneclfon Ceemed lneollve (8' $1.220,00 6,100.00
48 . 964 5 EA -12' OelDl . S
5 ~lerll CennectlonO~emed Il180tlve $1.540.00 7.700.00
49 "84 EA 12'-18' OeeDl . I
J 50 985 1000 LF CCTV and Uahl Clesn S' - 21' Ola nloe $3,50 I; 3 500.00
CCTV and Ught Clean 24" -54' Dla S8.50
51 986 1000 LF olfte' ' S 8_500.00
Tuberoul.lIon Raml.lVa' 8' -12' $20.00 4.000.00
52 965.1 200 LF Diameter .
Tuberculallcn Removal. 14' - 15' . !25.00
53 985.1. 200 'LF Dlamefer $ 5 000.00
Tu"'rculeUon Removal 20' - 24' ~
54 965.1 200 LF DIameter $31 .00 I: 6.200.00
988,1 :ruberaul.llon Removal 2T' -' 42' $35.00 7.000.00
..; 55 200 LF DIameter S
56 966 . 1000 LF SVOISS Pumol~o . 18'.21'nl". $1S.50 S 18.500.00
.j 59 968 500 LF ' BvolIs PI/melna . 24".36" aiDe '$56.00 S 28.000.00
62 e6e 500 LF BvoassPumDlnc,42~54' D~e $95.00 $ 47.500.00
68 408-4 100 CY A.3 Sail Backfill $1'S.20 S 1 820',00
69 408-8 1000 CY Flowable Flll $121.10 $ 121.100.00
70 427.1 1 EA TV"1l "A' Manholll (0' - 4' Oeeol $2.625.00 $ 2.625.00
71 421.1 1 'EA Tvoe 'A' Manhole (4' - 6' DeeDl $3,190.00 Sl 3,190.00
12 427.1 1 EA TVlle 'A' Manhole (6' - S' OaeD) $3.930.00 S 3,930.00
13 421:1 1 EA TVlle 'A' Manhole IS' -10' Oelle) $4.880..00 $ 4,880.00
74 427.1 1 EA Tv". 'S' Manhole ro' - 4' DeeD \ $3.630.00 S 3 630.00
Cured rn Place PIpe (app) Unit Pr1ce Construction Page 21 of 77
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7
75 427,1 TV!l1 'S' Manhole (4' - 8' Osee) ~4 675.00 4.675.00 j
1 EA $
76 427,1 1 EA TlItla 'S" Manhole re' - 8' oeao) ~S,S25.00 S 5,525.00
77 427,1 1 EA T""" 'B' Manhole IS' - 10' DeeD) 36 160.00 S 6.160.00 i
i
94 427,4 Conn.cUon lD Exlltlng Manhole'S" ~160;00 1;600.00
10 EA SINlce !.Iitersl $
Sewer Piping S" -12", PVC (0'" 4' I
95 428.1 25 LF DeeDI Itll1 . nn $ 2..025.00 I
Sewer Piping S" - 12', PVC (4'" S' ~106.00 2,650.00 i
96 428.1 25 LF OIlDI S
42B,1 Sewlr Piping e" -12', PVC (S'. 12' 3.32.5.00 I
97 25 LF Oell~\ $133.00 S
42B,1 se,,:, Piping 15' '7 12". 'PVC (12' - 1 e' ~186.00 4,650.00 I
98 25 LF DeB S
Silwer Piping 14' -lS", PVC (0'- 4' $101.00 ,1,010.00 - :
99 42S.1 10 ,LF olllDI S
Sew'!r PipIng 14" -1S", PVC (4' - e' $'133.00 1,330.00 i
100 42S,1 10 LF 0..0'\ S . i
101 428.1 10 LF S:::r PipIng 14'..: 1 B", PVC (S' -12' $192.00 s 1,920.00 I
Oe
102 428.1 IF S'~:f PIping 14" -1S", PVC (12' - 16' 5230.00 S 2.300.00 i
10 0.. '
: Remove & Replace S' -12' PVC (0'.4' $1,510.00 7,550,00 i
103 428.2 5 EA O.e'" S
Removl l.Replace 6" - 12' PVC (4' - S' 9,550.00 I
$1,910.00 i
104 428.2 5 EA Oea'" $
,
i 'Remov::.~ Replace 8' - 12' PVC (8' -
105 428.2 5 E!A 12' De., , $2,440.00 $ 12,:ZOO.00
1
RBmov:ll~ Replace 6' - 12' PVC (12' - $2,975.00 14,875.00
106 428.2 5 Eft. 18' Dee $
. Remove & Replace 14' -18' PVC (0'. $1, ,51 0 .00 i,550.00
107 428.2 5 EA 4' oeeol $
428.2 Rllm~~~ & Raplace 14' -16: PVC {4'- $1,910.00 $ , 9,550.00
108 5 Eft. 8' Dee ,
" Remove & Replace 14" -1 S" PVC (6'- $2,4-4-Q.OO 12,2.00~00
109 428.2 5 EA 12' DeeD) . $ --
II'
Remove !~rePlece 14" -1S" PVC (12' $3,080.00 15,1+00.00
110 426,2 5 EA -16' D8e $
Remove Bnd Replace Lateral 8" PVC
SOR35 CO~~rmlng to ASTM D3034-74 $38.00 3,800,00
111 428.4 100 LF CO' - 4' Dee 5
, 'Remove and Replace LateralB' PVC $45.00 4,500.00
SDR3S ConformIng to ASTM D3034-74
112 426.4 ' 100 LF (4' - 8' DeeD' $ !
I Remove and Replace Lateral 6" PVC $66.00 6,600.00
SDR35 ConformIng to ASTM 03034-74
113 428.4 100 LF IS' -12' Deeol $
Cured in Place PIpe (app) Unit Price Construction Page 22 of n
.. .. '.... .. .. . ' . - , .. ... ... 00 --...-.... . .- .. . .. ._ o. .. __ _ ..... .... " . -..... ..-. ...... .. ... - ..... . . "
." -....
. .
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Remove Ind Repllce LIteral S. FlVC
114 428.4 LF ~DR3fi C~f~~'l'Jg to AST,M 03034-74 $83.00 S 81300.00
100 ' 12' -1'8' ee
115 428.8 25 LF Yard Pltslnll - 4. $35.00 C 875.00
118 428.8' '2l5 LF' Yard PllIlnll - S" $38.00 , 950.00 .
, 117 441.1 1000 BY Boddlnll I a.DO. 18 000.00
Paving RemovII & Repllr-Crol. Cut
121 & Palct1 COJ Standard Ca.. X
4So.1 150 SY Pe"".nenl Plvement R!lDllIOltment SSMO $.(8150.00
RemCIII and Replace SIdIWIIIIe (All
1:38 491-1 100 BY Tvnell & ThIc1l.nelllll '82.50 '8 250.00
RemCII~ and Repllce DrIveway (All 'Bud SUlSO.OO
1ST 49~-2 100 SY TWI. &; 'l'hlcImI..l .
. .
491-3 ~-:ove .nd R.PI~ CUrb & Gutter (An 12200.00
138 100 I.F I' &; Thlcknl.1 ' $22.00
~l.(pp~~m.n/81 Work Authorization 100,000.0
140 8.12.5 ' 1 LS SWA . '100 000.00
SUBTOTAL .' f. 1,650,146.00
7.3.16 General ConditIone (Max 5% of Totlf Bid) $' ~4.752.19
, TOT AL BID (Subtotal Dhu general Conditlo~lS) S 1,674.898.19
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Cured In prace Pipe (OPP) Unit Price Construc:tfon Page 23 of 77
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BID FORM - CIPP THi:~SS ADD I (DEDUCT)
For each dfamatar.CIPP, JEA has salected II standard thickness and will ~ the only material evaluated. Additionally, tile Contractor
shell'submlt an add I deduct cost In the below laole for 1.5 mm incremental changes In thIckness. These will not be evaluated, but
shan befmplemenled during the execution of the Contract .
Units Descriotion UNIT PRICE ,
i
MM THICKER Add for ..ch 1.5 mm dlff8rence from 6.0 !
,
mm tf1Jck fer S" elP? . $ Z.OO i
MM THICKER Add for .ach 1.5 mm difference from B.O :
mm thIck for 10" CIPP $ 2.00 i
MM THICKER Add for each 1.5 mm difference from 6.0
mm Itrfok far 12' OIPP $ Z.50
MM THICKeR Add for each 1.5 mm difference from 7.5
mm lhlck for is' OIP? $ 3.00 i
MM THICKeR Add for eaoh 1.15 mm difference from 7.5
mm thick 10r is' C/P? $ 3.00
MM THICKER Add for .aeh 1.5 mm dll'fel'lnce frem S.O !
] mm thick for is' O/P? '. $ 4.50 i
MM THICKeR Add fer each 1.1l mm dlfferllnclI from 8.0 I
mm Ihfckfor 20" CIPP $ 5.00 i
. MM THICKER Add for each 1.5 mm difference from S.D
/ mm !hick for 21" OIPP $ 5.50
MM THICKER Add for each 1.5 mm difference from 8.0 ! X 2. ::::
mm thick for 24' CIPP $ 6.00 I 473.5w
MM THICKER Add for each 1.6 mm difference from 12.0 I .
mm !hIck for 30" CI?P. $ 7.00 i
MM THICKER Add for each 1.5 mm dlffererlce from 13.5
mm !hIck for 3S' CIPP. $, 8.00 ;'
I---- :'~M THICKER Add for Bach 1.5 mm difference from 13.5
mm !hIck for4Z" CIPP $ 8.06'
MM THICKER Add for aach 1.5 mm difference from 15.0
mm !hIck for 48,' CIP? $ 15.00
<
MM THICKER Add for each 1.5 mm difference frcm 21.0
mm lhlck for 54' CIP? $ 20.00 i
MM THICKER Add for each 1.5 mm difference from 6.0
mm !hIck for 8' CIPP $ 2.00
MM THICKER Add for each 1.5 mm dIfference from 6.0
mm thIck for ~O" CIPP $ 2.00 :
Cured In Place PIpe capp) UnIt Price Construction ?age 2.4 of n
INSfTUFOAAt TECHNOLOGiES, IN.C.
~
A.!lsJlstaznt .s.e:f:retll:ry 's CertjfiiCa;t~
The l.lnders igTled, being the Assistant Secretary of Insituform Technologies, [nc.. a Defawat'p.
corporation (the ''Corporation''). hereby certiEies that:
(, The tbUowing is a tme anci. correct e;(cerpt from t.lie By-laws of the Corporation,
Chief Exe,cutive Officer AppoiJ':lbn$n.ts. The Chief Executive Officer may from time to time
appoint 3uch officers of operating divisions, and such contra,:ting and attest1ng 0 ftlc~rs, of the
Corporation as the Chief E;(ecutive Officer may deem proper, who shall hav~ such authority. '5ubject to
the .-;ontrol of the Board, as the Chief E;c.ocutive Officer may trom t.ime to time prescribe,
2. The Chief Ex.ecutive Officer and PreSident of the Cocporaciol1 has. pUl"suanl; to the above
rluthorit"j. duly appointed {a) H DOI.Lglas Thomas to tbe pO$ition of Vice Presi.:!ent Rehabilitation - Pt"l)j.~ct
Support and (b) Joann Smith and Denise L. Carroll os ClJntracdng and Attesting Officers of the Corporation.
Each .")f (he foregoing ha-./e been fully authorized and empowered 1;>y the Chief E;,ecl.!tive Officer of che
CurporaEiun. '"Ii) t,) certil:"; and to -lttest the 3ignaC".lre :Jfa(iY officer of the Corporation. ([I) co~ntG~' i.1LI) a.nd 1:0
bi'ld che C'jrpof\l.ticJn to perf0rm pipeline ,~habilltatlon l:1ai'l ities of' the C'oQtJrai:iI)i1 and a.ii .nar.:ers ~lac'~11
;:hl-;r'~to. inr.lu,jing the mc:lintenance of one or mor:: office:3 aL1d tacil1l:1es 'Jt'tte Corpor.3.tivrl. ! I,i) to ~;'~CI_;,; ani.:! to
':!c:!:ver d,jGu!Tl~t1L'S l)n beha!~'ofthe Corporaci0f: d.nd (!'Ii (0 tak,;; ,iuch c,i:her ,1Ctll:',~ ,15 IS;).. r;~ay be nel:~ssary ,1;1'i
appropnat~ 1;0 calT'/ !Jut the projects. ac t1 v I ties and wDrk Dr t.he CorporatIon, ,
J'''I 1,1/1T('IE33 WHERECIF', I have herF:ur1t,) ;:lJfi:(.,~(~ my nume as o..,.:J:jl:.;tar.t :3ecn::t2.f~1 thl::i : yndilY ,,)['
[::"c:bn..D.ry. 2000
In:3!'';l.J.riJflT1 Technol\J!:sI\~"j.1 I;:c
,."- / -- ..;(.
B 1: 'Oil..n,-,II"Jr'~'rf..,~Aj?:;l/
ST' . V
uta 11Oi;5'3wpa
ASslstant Secretary
:'1'
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JEA BID FORM Page --L- of ---L-
PROCUREMENT DEPARTMENT
21 WEST CHURCH STREET
JACKSONVILLE, FLORIDA 32202 Invitation for Bids No. WCS-066.J,)7
Company Name and Address Submit an original and !W2 cop as in bid envelope
Insltutor-m TechnologIes, Inc. to JEA Procurement Dept, 21 W. Church St., Bid Seetlon,
Tower Lobby, Suite 103, Jacksonvllle, FL 32202-3139.
17~8B Edison Avenue This bid w'" be opened at 2:00 p.m., 6/5/2007, In the 6th floor Conference Room,
Chester-fIeld, M 0 63005
JEA Customer Center, 21 W. Church St., Jacksonville, FL 32202
FAX No: (6:56) 5:50-8701 Please use typewrtler when submItting prices
on bld form.
EMAIL Address: N/A I
BID SECURI1Y REQUIREMENTS TERM OF CONTRACT
[ 1 None required [ ] One Time Purchase
[Xl Cerlllled Check or Bond IX] Annual Raqulrements, thrae years with two one-year renewal oplJons
$ 6 % [ ] other, Specify
SEC'TION 255.05. FLORIDA STATUTES CONTRACT BOND
[ J [ ] None requIred
[ ] IX j Bo nd required $ 2.000,000.00 _% of Bid Award
INSURANCE REQUIREMENTS
r J r 1 None required
[Xl [X] Insurance required
Quotethefo/lowlna materials F.O.B.: JacksonvUle, FL
'~mNo, ENTER HEREON YOUR BID FOR THE FOLLOWING DESCRIBED ARTICLES OR SERVICES
QUANTITY UNIT PRICE TOTAL
Cured In Place Ploe (CIPP) Unit Price Construction :
TOTAL (from Bid Form Page 5) nla nla i $1,674,898.19
\
,
:':-
BIdder's CertilicatJon
By signIng this bid form, the bidder agraes to follow, comply, and be bound by ell Terms & Conditions contained In this IFB;
/~~~ i
We have received addenda " \ I'
\. 't 'j" .fllh..5', 2007
, , Date
_ througl1_ Handwritten SIgnature of Aull10rlzed OfIIcer of Firm or Agent " ,','. \
H. Dcuillas Thomes
Pr1nted Name of Authorlzed OffIcer of Firm or Agent
VP So eel al Pro 1901's "(~~'6) 5~O-8000
I TlUe Phone No. I
,-eel In Place Pipe capp) Unit Price Construction Page 19 of 77
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TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007
f PA#: $ -
i ,Spec SC Est. Units Description UnltPrlees TOhd
'Item
No. No. No. Qty, Prlee
1 6.9.6 0 LS Testing Allowance $ 25,000.00 $ -
Furnish and install 8" CIPP lining, 6 mm
2 961.1 LF thick $ 26.S0 $ -
MM Add for each 1.5 mm difference from 6.0 mm thick
2A 0 THICKER for S" CIPP @ ($1.50 per 1.5 mm change) $ 2.00 $ -
961.1 I Furnish and install 1 0" CIPP lining 6.0 mm
3 LF thick $ 31.20 $ -
MM Add for each 1.5 mm difference from 6.0 mm thick
3A 0 THICKER for 10" CIPP @ ($1.90 per 1.5 mm change) $ 2.00 $ -
Furnish and install 12" CIPP lining, 6.0 mm
4 961.1 LF thick $ 32.70 $ -
MM Add for each 1.5 mm difference from 6.0 mm thick
4A 0 THICKER for 12" CIPP @($2.20per 1.5 mm change) $ 2.50 $ -
Furnish and install 15" CIPP lining, 7.5 mm
5 961.1 LF thick $ 42.50 $ -
MM Add for each 1.5 mm difference from 7.5 mm thick
SA 0 THICKER for 15" CIPP@ ($2.S0per 1.5 mm change) $ 3.00 $ -
Furnish and install 16" CIPP lining, 7.5 mm
6 961.1 0 LF thick $ 47.90 $ -
MM Add for each 1.5 mm difference from 7.5 mm thick
6A 0 THICKER for 16" CIPP @ ($2.40 per 1.5 mm change) $ 3.00 $ -
Furnish and install 18" CIPP lining, 9.0 mm
7 961.1 0 LF thick $ 46.90 $ .
. MM Add for each 1.5 mm difference from 9.0 mm thick
. 7A 0 THICKER for is'' CIPP@($4.50 per 1.5 mm change) $ 4.50 $ -
Furnish and install 20" CIPP lining, 9.0
8 961.2 LF mm thick $ 59.20 $ .
MM Add for each 1.5 mm difference from 9.0 mm thick
SA 0 THICKER for 20" CIPP @ ($4.90 per 1.5 mm change) $ 5.00 $ -
Furnish and install 21" CIPP lining, 9.0 mm
9 961.2 0 LF thick $ 61.S0 $ -
MM Add for each 1.5 mm difference from 9.0 mm thick
9A 0 THICKER for 21" CIPP @($5.00 per 1.5 mm change) $ 5.50 $ -
961.21 Furnish and install 24" CIPP lining, 9.0 mm
10 LF thick $ 61.50 $ .
MM Add for each 1.5 mm difference from 9.0 mm thick
10A 1 THICKER for 24" CIPP @ ($6.00 per 1.5 mm change) $ 6.00 $ -
961.21 Furnish and install 30" CIPP lining, 12.0
11 0 LF mm thick $ 94.10 $ -
MM Add for each 1.5 mm difference from 12.0 mm thick
11A 0 THICKER for 30" CIPP@ ($6.00 per 1.5 mm change) $ 7.00 $ -
961.21 Furnish and install 36" CIPP lining, 13.5
12 LF mm thick $ 117 .90 $ -
MM Add for each 1.5 mm difference from 13.5 mm thick
12A 0 THICKER for 36" CIPP @ ($5.50 per 1.5 mm change) $ S.OO $ -
961.21 Furnish and install 42" CIPP lining, 13.5
13 0 LF mm thick $ 126.10 $ -
MM Add for each 1.5 mm difference from 13.5 mm thick
13A 0 THICKER for 42" CIPP @ ($6.40 per 1.5 mm change) $ S.OO $ -
961.21 Furnish and install 48" CIPP lining, 15.0
14 0 LF mm thick $ 173.40 $ -
MM Add for each 1.5 mm difference from 15.0 mm thick
14A 0 THICKER for 4S" CIPP @ ($16.60 per 1.5 mm change) $ 15.00 $ .
961.21 Furnish and install 54" CIPP lining, 21.0
15 0 LF mm thick $ 238.60 $ -
::\/1 RI?OOR .........,....... 01 ,...r. A
TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007
I PA#: $ -
i Item Spec I SC Est. Units Description Unit Prices Total
No. No. No. Qty. Price
MM Add for each 1.5 mm difference from 21,0 mm thick
15A THICKER for 54" CIPP @ ($18.90 per 1.5 mm change) $ 20,00 $ ..
Pipe Bursting 3" - 4" Service Lateral to 4,5" -....'-.---.----
, 00 SDR 19, HOPE (0' - 4' Deep) 3" - 8" I
Sewer Service lateral to 4,5",6,625",9,05" !
H
00 SDR 19, HDPE or 6" or 8" PVC SDR35 i "
16 931 0 LF Conforminq to ASTM 03034-74 (All Depths) I $ 36,00 $ ~
Adjust/Reset Manhole Frame and 32" Dia !
22 966 0 EA Cover, Up to One Foot i $ 690,00 $ ..
Adjust/Reset Manhole Frame and 32" Dia I $
23 962 0 VF Cover, (Item 23), Excess Over Foot 186,00 $ ..
Lateral Connection (DFW Flexible Saddle to I
32 963.1 0 EA PVC) @ 8" -12" HOPE, (0' - 4' Deep) 1$ 860,00 $ ..
Lateral Connection (DFW Flexible Saddle to I
33 963.1 0 EA PVC) ~ 8" - 12" HOPE, (4' - 8' Deep) I $ 1,065,00 $ I
Lateral Connection (DFW Flexible Saddle to -~
34 963.1 0 EA PVC) @ 8" -12" HOPE, (8' -12' Deep) $ 1,330,00 $
Lateral Connection (DFW Flexible Saddle to
35 963.1 0 EA PVC) (Q2 8" -12" HOPE, (12' -16' Deep) $ 1,600,00 $ 4
Lateral Connection (DFW Flexible Saddle to ! !
36 963.2 0 EA HOPE) @ 8" - 12" HOPE, (0' - 4' Deep) I $ 855,00 I $ ..
Lateral Connection (DFW Flexible Saddle to I -"~f
37 963.2 0 EA HOPE) @ 8" - 12" HOPE, (4' - 8' Deep) $ 1,06500 $
Lateral Connection (DFW Flexible Saddle to
38 963.2 0 EA HOPE) @ 8" -12" HOPE, (8' -12' Deep) I $ 1,330,00 $ ..
Lateral Connection (DFW Flexible Saddle to --
39 963,2 0 EA HOPE) @ 8" - 12" HOPE, (12' - 16' Deep) $ 1,600.00 $ ..
Reconnect existing services using robotic
44 963.4 0 EA internal cutter 1$ 175.00 $ ..
45 963.5 EA Hammer Tap Removal $ 210,00 $ ..
Lateral Connection Deemed Inactive (0' - 4' ! "'-
46 964 0 EA Deep) i $ 760.00 I $ ..
Lateral Connection Deemed Inactive (4' - 8' ! --"""'"'''-
I
47 964 0 EA Deep) i$ 1,065,00 $ --
Lateral Connection Deemed Inactive (8' - 12' r
48 964 0 EA Deep) $ 1,220,00 $ ..
Lateral Connection Deemed Inactive (12'-16'
49 964 0 EA Deep) $ 1,540.00 $ -"'-
50 965 0 LF CCTV and Light Clean 8" - 21" Dia pipe !$ 3,50 $
51 965 LF CCTV and Light Clean 24" - 54" Dia pipe $ 8,50 $
52 965.1 LF Tuberculation Removal 8" - 12" Diameter $ 20,00 $
"--
53 965.1 0 LF Tuberculation Removal 14" - 18" Diameter $ 25,00 $ ..
54 965.1 LF Tuberculation Removal 20" - 24" Diameter $ 31,00 $
55 965.1 LF Tuberculation Removal 27" - 42" Diameter ,$ 35,00 $
56 966 LF Bypass Pumping - 18" - 21" pipe $ 18.50 $ =a
59 966 LF Bypass Pumping - 24" - 36" pipe ,$ 56,00 $
62 966 0 LF Bypass Pumpino - 42" .. 54" pipe $ 95,00 $
~
68 408-4 0 CY A-3 Soil Backfill $ 18,20 $
69 408-8 0 CY Flowable Fill $ 121,10 $
70 427.1 0 EA Type "A" Manhole (0' - 4' Deep $ 2,625.00 $ .___n__.:__=
I 71 427.1 0 EA Type "A" Manhole (4' - 6' Deep $ 3,190,00 $ '-'--
I 72 427.1 0 EA Type "A" Manhole (6' - 8' Deep $ 3,93000 $ _.::._J
"~
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TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007
I ,PA#: $ -
- 11~m Spec so Est. Onfts Description . Unit Prices t6\81'-
No. No. No. Qty. Price
73 427.1 0 EA Type "A" Manhole 8' - 10' Deep) $ 4,880.00 $ .
74 427.1 0 EA Type liB" Manhole 0' - 4' Deep $ 3,630.00 $ -
75 427.1 0 EA Type liB" Manhole 4' - 6' Deep $ 4,675.00 $ -
76 427.1 0 EA Type liB" Manhole 6' - 8' Deep $ 5,525.00 $ .
77 427.1 0 EA Type liB" Manhole 8' - 10' Deep) $ 6,160.00 $ -
Connection to Existing Manhole 6" Service
94 427.4 0 EA Lateral $ 160.00 $ .
95 428.1 0 LF Sewer Piping 6" - 12", PVC (0' - 4' Deep) $ 81.00 $ .
96 428.1 0 LF Sewer Piping 6" - 12", PVC (4' - 8' Deep) $ 106.00 $ -
97 428.1 LF Sewer Piping 6" _12", PVC (8' - 12' Deep) $ 133.00 $ -
98 428.1 0 LF Sewer Piping 6" - 12", PVC (12' - 16' Deep) $ 186.00 $ .
99 428.1 0 LF Sewer Piping 14" -18", PVC 0' - 4' Deep $ 101.00 $ -
100 428.1 0 LF Sewer Piping 14" -18", PVC 4' - 8' Deep $ 133.00 $ -
101 428.1 0 LF Sewer Piping 14" -18", PVC 8' - 12' Deep) $ 192.00 $ -
102 428.1 0 LF Sewer Piping 14" -18", PVC (12' - 16' Deep) $ 230.00 $ .
Remove & Replace 6" - 12" PVC (0' - 4'
103 428.2 0 EA Deep) $ 1,510.00 $ -
Remove & Replace 6" -12" PVC (4' - 8'
104 428.2 0 EA Deep) $ 1,910.00 $ .
Remove & Replace 6" - 12" PVC (8' - 12'
105 428.2 EA Deep) $ 2,440.00 $ -
I Remove & Replace 6" - 12" PVC (12' - 16'
.106 428.2 0 EA Deep) $ 2,975.00 $ -
Remove & Replace 14" - 18" PVC (0' - 4'
107 428.2 0 EA Deep) $ 1,510.00 $ -
Remove & Replace 14" -18" PVC (4' - 8'
108 428.2 0 EA Deep) $ 1,910.00 $ -
Remove & Replace 14" - 18" PVC (8' - 12'
109 428.2 0 EA Deep) $ 2,440.00 $ .
Remove & Replace 14" - 18" PVC (12' - 16'
110 428.2 0 EA Deep) $ 3,080.00 $ -
Remove and Replace Lateral 6" PVC SDR35
111 428.4 0 LF ConforminQ to ASTM D3034-74 (0' - 4' Deep\ $ 38.00 $ -
Remove and Replace Lateral 6" PVC SDR35
112 428.4 0 LF ConforminQ to ASTM 03034-74 (4' - 8' Deep\ $ 45,00 $ -
Remove and Replace Lateral 6" PVC SOR35
Conforming to ASTM 03034-74 (8' - 12'
113 428.4 0 LF Deep) $ 66.00 $ -
Remove and Replace Lateral 6" PVC SOR35
Conforming to ASTM 03034-74 (12' - 16'
114 428.4 0 LF Deep) $ 83.00 $ -
115 428.6 0 LF Yard Piping - 4" $ 35,00 $ -
116 428.6 0 LF Yard Piping - 6" $ 38,00 $ -
117 441-1 0 SY Sodding $ 8,00 $ -
. Paving Removal $ Repair - Cross Cut &
Patch COJ Standard Case X Permanent
127 490-1 0 SY Pavement Replacement $ 65.00 $ -
I Remove and Replace Sidewalk (All Types &
136 491-1 0 SY Thickness) $ 82.50 $ .
::\/1 A/?()()R .....,,_.... ") ....~ A
TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007
I PA#: $ -
~Item Spec SC Est. Units Description Unit Prices Total
No, No. No. Qty. Price
Remove and Replace Driveway (All Types &
137 491-2 0 SY Thickness) I $ 85,50 $ .
----
Remove and Replace Curb & Gutter (All !
138 491-3 0 LF Types & Thickness) . $ 22,00 $ .
6.12.5 Supplemental Work Authorization (SWA) --
140 LS $100,000.00 $ -
-
7.3.16 Percent General Conditions 1.50% I
ESTIMATED TOTAL COST: $ -
.1; @eOpy
Contract
for
Cured in Place Pipe (CIPP) Unit Price Construction
Between
J.EA
and
Insituform Technologies, Inc.
JEA CONTRACT NUMBER: 82768
''I<
1
1.1. AGREEMENT [JEA-533]
1.1. AGREEMENT [JEA-530] ***
This Contract is made as of August 1, 2007 (the "Effective Date") between JBA, a body politic and
corporate existing under the Laws of the State of Florida ("JEA ") and Insituform Technologies, Inc., a
corporation existing under the laws of Delaware ("Company" or "Contractor")
1.2. RECITALS [JEA-534]
1.2. 1. RECITALS [JEA-531]
JBA desires the following Work be performed and Contractor desires to provide the Work. For purposes of
this Contract, "Work" means the supply of labor, necessary equipment, and installation for trench less
rehabilitation to the gravity sewer system through the Cured in Place Pipe (CIPP) Unit Price Construction
method as further specified in Exhibit A, which is incorporated herein by reference. This Work will be
performed throughout the JEA service area.
Therefore,
1.3. CONSIDERATION [JEA-S35]
1.3.1. CONSIDERATION [JEA-532] ***
For the value received, the parties agree the Company will, at its own cost and expense, do the Work
required to be done and furnish the materials required to be furnished on said Work in accordance with the
Contract Documents, award therefore, now on file in the Office of the Chief Purchasing Officer of JEA, all
of which are hereby specifically made a part hereof by reference to the same extent as if fully set out herein
the total sum of Nine MilIion and 00/100 Dollars ($9,000,000.00) ("Maximum Indebtedness") at and for
the prices and on the terms contained in the Contract Documents and as specified in Exhibit B, which is
incorporated herein by reference.
1.4. SECTION TITLE: DEFINITIONS [JEA-511]
~
1.4.1. Definitions [JEA-C457]
Words and terms defmed in this section shall have the same meaning tlrroughout all parts of the Contract
Documents. Where intended to convey the meaning consistent with that set forth in its definition, a defined
word or term is marked by initial capitalization. The "Technical Specifications" part may defme additional
words and terms where necessary to clarify the Work. Unless otherwise stated in the Contract Documents,
defmitions set forth in the "Technical Specifications" shall apply only within the "Technical
Specifications. "
1.4.2. Definition: Acceptance [JEA-C221]
JEA's written recognition by the Contract Administrator that all Work as specified in the Contract has been
completed to JEA's reasonable satisfaction and in accordance with the Contract Documents. Approval or
recognition ofthe Company meeting a Milestone or interim step does not constitute Acceptance of that
portion of Work. Acceptance is only applicable to the entirety of Work as specified in the Contract.
2
.' .
'" Acceptance does not in anyway limit JEA's rights under the Contract or applicable laws, rules and
:1
regulations.
104.3. Definition: Addendum/Addenda [JEA-C222]
A change or changes to the Solicitation issued in writing by the JEA Procurement Department and
incorporated into the Solicitation and Contract Documents.
1.4.4. Definition: Administrative Work [JEA-C223]
Actions primarily performed in an office environment and associated with preparing to perform or
administer the Work including, but not limited to, preparing Work schedules, obtaining bonds, executing
Contracts, securing resources and other actions specified in the Solicitation, or otherwise prudent to ensure
a timely, safe and otherwise compliant start and performance ofField Work. Administrative Work is not
performed at the Work Location.
1.4.5. Definition: Award [JEA-C225]
The issuance of a Purchase Order by the JEA Procurement Department to the successful Bidder notifying
the Bidder that it has been authorized by JEA to perform the Work in accordance with the Solicitation, the
PO and the Contract Documents.
1.4.6. Definition: Bid Document [JEA-C226]
NOT USED
1.4.7. Definition: Bid or Proposal [JEA-C228]
NOT USED
1.4.8. Definition: Bid Price [JEA-C229]
NOT USED
1.4.9. Definition: Bid Section [JEA-C227]
NOT USED
1.4.10. Definition: Bidder or Proposer [JEA-C230]
NOT USED
r"
1.4.11. Definition: Change Order [JEA';C231]
A written order issued by the JEA Procur~ment Department after execution of the Contract to the Company
signed by the Contract Administrator or his designated representative and authorizing an addition, deletion,
or revision of the Work, or an adjustment in the Contract Price or the Contract Time. Change Orders do not
authorize expenditures greater than the monies encumbered by JEA, which is shown on the associated
Purchase Order(s). An executed Change Ordenesolves all issues related to price and time for the work
included in the Change Order.
1.4.12. Definition: Company [JEA-C232]
The legal person, firm, corporation or any other entity or business relationship with whom JEA has
executed the Contract. Where the word "Company" is used it shall also include, but is not limited to all of
its Subcontractors, suppliers, affiliates, and assigns.
3
1.4.13. Definition: Company Representative (JEA-C233]
The individual responsible for representing the Company in all activities concerning the fulfillment and
administration of the Centract.
1.4.14. Definition: Company Supervisor [JEA-C234]
The individual, employed or contracted by the Company, to manage the Work on a day-te-day basis and
ensure the Work is performed according to the Contract. The Company Supervisor may be authorized by
the Company Representative to act on Contract matters. Such authorization shall be in writing and
delivered to the Contract Administrator and shall clearly state the limitations of any such authorization. In
the event that the Company Supervisor and the Company Representative are the same person, the Company
shall notify the Contract Administrator of such situation,
1.4.15. Definition: Contract [JEA-C235]
The agreement between the Company and JEA as evidenced by this Contract and Exhibit A, Exhihit B and
Exhibit c.
1.4.16. Definition: Contract Administrator [JEA-C236]
The individual assigned by JEA to have authority over the Contract, including the authority to negotiate all
elements of the Contract with the Company, authorize Change Orders within the maximum amount
awarded, terminate the Contract, seek remedies for nonperformance including termination, and otherwise
act on behalf of JEA in all matters regarding the Contract. The Contract Administrator may authorize JEA
Representative in writing to make minor changes to Field Work with the intent of preventing Work
disruption.
1.4.17. Definition: Contract Documents [JEA-C237]
Contract documents means the Contract and any written Change Orders, amendments or Purchase Orders
executed by JEA.
1.4.18. Definition: Contract Price (JEA-C238]
The tota:l amount payable to the Company under the Contract, as set forth in Exhibit B.
1.4.19. Definition: Contract Time [JEA-C239]
The number of calendar days, the period of time, or the date stated 1n the Contract, or otherwise agreed
upon by the parties in writing, from the PO issue date to planned date of Acceptance.
1.4.20. Definition: Customer Service Plan [JEA-C241}
The Company's plan to achieve customer satisfaction requirements as detennined by JEA and JEA Project
Outreach, which shall include, as a minimum, the name and office phone number, cell phon~,number, email
address, Nextel Direct Connect number, and fax number of Company's Customer Service Representative, a
detailed flow chart on how the Company will handle customer concerns, preemptive customer satisfaction
control measures (such as door hangers provided by JEA, and neighborhood meetings in conjunction with
JEA staff) and it plan to reduce the number of customer concerns surrounding construction Work
addressing, as a minimum, the construction practices that will eliminate damage to customers' property
including, but not limited to, cracked driveways, tire ruts in customers' yards, blocking customers' access to
driveways, cutting customers' services during tie-in, excessive noise from construction equipment, and
elimination of dust during construction Work.
1.4.21. Definition: Defect [JEA-C242]
Work that fails to meet the requirements of any required test, inspection or approval, and any Work that
meets the requirements of any test or approval, but nevertheless does not meet the requirements of the
Contract Documents.
4
-"
1.4.22. Definition: Equal Item [JEA-C243]
Item a Bidder chooses to offer in place of offering the brand name or manufacturer's item specified on the
Bid Document when the Bid Document clearly states that the Bidder may offer such an item.
1.4.23. Definition: Ex Parte Communication [JEA-C244]
NOT USED
1.4.24. Definition: Final Completion [JEA-C246]
The point in time after JEA has Accepted the Work and the Company has fulftlled all requirements of the
Contract Documents.
1.4.25. Definition: Holidays [JEA-C247]
The following days: New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day,
Independence Day, Labor Day, ,veterans Day, 'fl?,anksgiving Day, Day after Thanksgiving, Christmas Eve,
and Christmas Day
1.4.26. Definition: Informalities [JEA-C248]
NOT USED.
1.4.27. Definition: Invoice [JEA-C249]
A document seeking payment to Company from JEA for all or a portion of the Work, in accordance with
the Contract Documents, and including at a minimum the following items: the Company name and address,
a description of the product(s) or service(s) rendered, a valid JEA PO number, the amount payable, the
payee name and address, any associated JSEB forms and any other supporting docmnentation required by
the Contract Documents.
1.4.28. Definition: JEA [JEA-C250]
JEA on its own behalf.
1.4.29. Definition: JEA Engineer [JEA"C251]
The individual assigned by JEA (either an employee or a third party) to provide licensing, engineering,
design review, and/or construction management including, but not limited to, overseeing and resolving
engineering/design issues, conveying JEA's instructions to the Company and enforcing the faithful
performance of the Work. The JEA Engineer's authority includes interpreting the teohnioal portion of the
Contract Documents, deciding on matters relating to the execution and progress of the Work and evaluating
the Company's performance. The JEA Engineer may stop the Work when deemed necessary by JEA. The
JEA Engineer will receive and adjudicate any claim of ambiguity or error in the technical portion of the
Contract Docwnents and shall reduce any determination to writing, and the decision shall be ~nal and
binding. The JEA Engineer is not a party to the Contract. The JEA Engineer has no authority to approve
changes to the Work or Contraot, or to commit JEA to any expenditure of money except as expressly
designated in writing by the Contract Administrator.
1.4.30. Definition: JEA Inspector [JEA-C252]
The individual(s) or Company(ies) designated by the Contract Administrator to inspect and test the
Company's performance and Contract compliance including materials, workmanship, safety, environmental
compliance, JSEB compliance, project controls, administration and accounting, and other aspects of
Contract compliance. The JEA Inspector has no authority to approve changes to,the Work or Contract, or to
commit JEA to any expenditure of money except as expressly designated in writing by the Contract
Administrator.
1.4.31. Definition: JEA Representatives [JEA-C253]
The Contract Administrator, Contract Inspector, Contract Administrator's Representative, JEA Engineer,
Field Engineer, Project Manager, and other persons designated by the Contract Administrator as JEA
5
Representatives acting in a capacity related to the Work or Contract under the authority of the Contract
Administrator.
1.4.32. Definition: Overtime [JEA-C256]
Work approved in writing by the Contract Administrator that is required to be performed beyond an
employee's scheduled workday or work week, including Work performed on Holidays.
1.4.33. Definition: Payment and Performance Bond [JEA-C2571
The common-law Performance Bond and the statutory Payment Bond contemplated by Section 255.05,
Florida Statutes in the fonn required by JEA.
1.4.34. Definition: Performance - Acceptable PerformancelPerformer [JEA-C258]
The Company averages more than 2.80 and less than 4.0 across all performance scorecard evaluation
metrics, and does not receive a score of less than 2.0 on any metric.
1.4.35. Definition: Performance - Top Performance/Performer [JEA-C259}
Tbe Company averages 4.0 or more across all scorecard evaluation metrics and does not receive a score of
less than 4.0 on anyone metric. Continuous performance for six months or more at Top Performance, or
intermittent performance on at least three Contracts performed over at least a six-month period at Top
Performer levels, qualifies the Company for designation as a JEA Blue Ribbon Vendor. JEA Blue Ribbon
Vendors receive special promotional recognition from JEA.
1.4.36. Defmition: Performance - Unacceptable Performance/Performer [JEA-C260]
The Company averages less than 2.80 across all scorecard evaluation metrics, or scores a 1.0 on anyone
metric regardless of average, or receives a score of2.0 on the same metric on two sequential performance
evaluations.
1.4.37. Definition: Price Bid [JEA-C262]
A written number representing the total cost to the Owner if accepted,
1.4.38. Definition: Purchase Order (PO) [JEA-C263]
A Work authorization document issued by the JEA Procurement Department with the words "Purchase
Order" clearly marked across the top, a PO number used for reference shown on the front, a description of
the Work or a listing of the applicable Contract Docwnents, an authorized JEA signature and stating the
ammmt of lawfully authorized funds. Purchase Orders are the only documents that authorize changes to the
total amount authorized on the Contract.
1.4.39. Definition: Qualification Statement [JEA-C264] "
'.
A written statement describing the Company's and/or product's ability to meet the requirements of the
Solicitation. A Qualification Statement is submitted either ahead of or along with a Price Bid.
1.4.40. Definition: Quality Assurance [JEA-C265]
Actions that JEA takes to assess the Company's performance under the Contract.
1.4.41. Definition: Quality Control [JEA-C266]
Actions that the Company takes to ensure it successfully completes the Work in full accordance with the
Contract Documents.
1.4.42. Definition: Shop Drawings (JEA-C269]
Drawings, electronic and hard copy, that detail the fabrication, erection, layout and setting drawings;
manufacturer's standard drawings; schedules; descriptive literature, catalogs and brochures; performance
and test data; wiring and control diagrams; all other drawings and descriptive data pertaining to materials,
equipment, piping, duct and conduit systems, and method of construction as may be required to show the
,-
0
JEA Engineer that the proposed materials, equipment or systems and the position thereof are in compliance
with the requirements of the Contract Documents.
1.4.43. Definition: Solicitation [JEA-C270]
The document (which may be electronic) issued by the JEA Procurement Department to solicit Bids or
Proposals from Bidders that includes, but is not limited to, the Bid Document, Contract Documents and'
Addenda.
1.4.44. Definition: Subcontractor [JEA-C271]
A provider of services performing Work under contract for the Company.
1.4.45. Definition: Substantial Completion [JEA-C272]
The time when JEA determines that the Work (or a specified part thereof) is sufficiently complete to be
utilized for the purposes for which it is intended or ready for JEA or other contractors to perform
subsequent portions of the Work. Recognition of the Work as Substantially Complete, as evidenced by
issuance of a Certificate of Substantial Completion, does not represent JEA's Acceptance of the Work.
1.4.46. Definition: Summary Schedule [JEA-C273]
A diagram displaying the Milestones for the Work graphically positioned on a timeline, showing at a
minimum the calendar dates on which each Milestone is scheduled to be comp1etedfor Acceptance.
1.4.47. Definition: Term [JEA-C274]
The period of time during which the Contract is in force, from formal notice of A ward to Final Completion,
or termination. In some cases, and as expressly stated, some of the Contract requirements may extend
beyond the Term of the Contract.
1.4.48. Definition: Unit Prices [JEA-C275]
The Bidder's charges, rounded to the nearest cent, to JEA for the performance of each respective unit of
Work as defmed on the Bid Documents for all items required for successfully performing the Work through
Acceptance.
1.4.49. Definition: Work [JEA-C276]
Actions, products, documentation, electronic programs, reports, testing, transport, administration,
management, services, materials, tools, equipment, and responsibilities to be furnished or pefformed by the
Company under the Contract, together with all other additional necessities that are not specifically recited
in the Contract Documents, but can be reasonably inferred as necessary to complete all obligations and
fully satisfy the intent of the Contract, as further described in Section 1.2.1 and Exhibit B.
1.4.50. Definition: Work Location [JEA-C271]
The place or places where the Work is performed, excluding the properties of the Company and/or the
Subcontractor(s).
7
1.5 SECTION TITLE: ACCEPTANCE [JEA-SI2l
1.5.1. Acceptance of Work - After Receipt, Inspection, Usage and Testing [JEA-C279] ***
The Contract Administrator will make the detenninati~n when Work is completed and Accepted by JEA.
Acceptance will be made by JEA only in writing, and after adequate time to ensure Work is perfonned in
accordance with Contract Documents. JEA will reject any items delivered by Company that are not in
accordance with the Contract, and shall not be deemed to have accepted any items until JEA has had
reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent
defect in the items has become apparent. JEA may partially accept the Work items. If JEA elects to accept
nonconforming items, it may in addition to other remedies, be entitled to deduct a reasonable amount from
the price as compensation for the nonconformity. Any Acceptance by JEA, even if non-conditional, shall
not be deemed a waiver, or settlement or acceptance of any Defect.
Specifically, the following items shall be required prior to Acceptance:
. Post construction video and delivery of As-Builts
1.6. SECTION TITLE: PRICE & PAYMENTS [JEA-513)
1.6.1. Certificate of Contract Completion and Final Payment [JEA-C281]
The Company shall complete and submit to JEA the Certificate of Contract Completion as notice that the
Work, including the correction of all deficiencies, is complete. By submitting the certificate, the Company
certifies the following:
that the Work has been satisfactorily completed;
that no liens have attached against the property and improvements of JEA;
that no notice of intention to claim liens are outstanding;
that no suits are pending by reason of the Work;
that all workers' compensation claims known to the Company have been reported to JEA;
that the surety provides a release; and
that no public liability claims are pending.
The Company shall submit its fmal Invoice with the completed Certificate of Contract Completion. JEA
shall make fmal payment on the Contract in accordance with the provisions of the Contract.
1.6.2. Invoicing and Payment Terms and Retainage [JEA-C282]
The Company shall submit all Invoices or Applications for Payment using JEA's prescribed forms and
format and in accordance with the payment method agreed upon in these Contract Documents. TEA will
pay the Company the amount requested within 30 calendar days after receipt of an Invoice from the
Company subject to the provisions stated below.
JEA may reject any Invoice or Application for Payment within 20 calendar days after receipt. JEA will
return the Invoice or Application for Payment to the Company stating the reasons for rejection. Upon
receipt of an acceptable revised Invoice or Application for Payment, JEA will pay the Company the revised
amount within 10 days.
JEA may withhold payment if the Company is in violation of any conditions or terms of the Contract
Documents.
As additional security for the proper perfonnance of the Work, JEA may deduct 10% retainage, or such
other amount allowable pursuant to Florida law, from the amount stipulated in the Invoice or Application
8
-. -
i for Payment and accepted by JEA as eligible for payment.
In the case of early termination of the Contract, all payments made by JEA against the Contract Price prior
to notice of termination shall be credited to the amount, if any, due the Company. If the parties determine
that the sum of all previous payments and credits exceeds the sum due the Company, the Company shall
refund the excess amount to JEA within 10 days of determination or written notice.
1.6.3. Jacksonville Small and Emerging Business (JSEB) - Invoicing and Payment [JEA-C291]
Tfthe Company utilizes JSBB certified firms, regardless of whether these Contract Documents require or
encourage the use of such firms, the Company shall Invoice for and report the use of JSEB certified firms
according to the format and guidelines set forth in the Contract Documents.
1.6.4. Payment and Performance Bond [JEA-C284]
Within lO days of signing the Contract, the Company shall furnish a Payment bond and Performance bond
in the amount specified in Exhibit B, Two Million and Noll 00 Dollars ($2,000,000.00), made out to JEA in
forms and formats approved and provided by .TEA. as security for the faithful performance of the Work of
CDntract. JEA will send the approved bond forms to the Company for execution alDng with the Contract,
however, in no case shall the date on the bond forms be prior to that of the exeouted Contract. The surety
must be authorized and licensed to transact business in Florida. A fully executed Payment bond and
Perfonnance bond must be recorded with the Clerk of Duval County Court and delivered to JEA before
Work commences. Tfthe Company fails or refuses to furnish or record the required bonds, JEA will retain
the Company's bid bond as liquidated damages.
1.6.5. Payment Method - Upon Delivery & Invoice [JEA-C4SSJ
Company shall invoice JEA upon delivery and acceptance of the Work. Invoices may be submitted for each
delivery, or on a monthly basis for deliveries that occurred during the month.
1.6.6. Price Adjustment - Annual [JEA-C290]
Unless the Company and JEA make other agreements, the annual price adjustment for the second and
subsequent years Df the contract shall be in accordance with the consumer price index for all urban
consumers published monthly by the U.S. Department of Labor, Bureau of Labor Statistics. The index used
will be the unadjusted percent change for 12 months after Award. In the event the applicable price index
publication ceases, the Company and JEA shall mutually agree on a replacement index. If the Company
and JEA fail tD agree on a replacement index, the Contract shall terminate 90 days following the end of the
then current fiscal year. "I'
1.6.7. Prompt Payment to Subcontractors and Suppliers [JEA-C419]
When the Company receives payment from JEA for labor, services or materials furnished by
Subcontractors and suppliers that are hired by the Company, the Company shall remit payment due (less
proper retain age) to those Subcontractors and suppliers within 15 days after the Company's receipt of
payment from JEA. Nothing herein shall prohibit the Company from disputing, pursuant to the terms
hereof, all or any portion of a payment alleged to be due to its Subcontractors and suppliers. In the event of
such dispute, the Company may withhold the disputed portion of any such payment only after the Company
has provided written notice to JEA and to the Subcontractor and supplier whose payment is in dispute,
stating the amount in dispute and specifically describing the actions required to cure the dispute. The
Company shan deliver such notice to JEA and to the said Subcontractor or supplier within 10 days
follDwing the Company's receipt of payment from JEA. The Company shall pay all undisputed amounts
due within the time frames specified herein.
9
The prompt payment requirements herein shall, in no way, create any contractual relationship or obligation
between JEA and any Subcontractor, supplier, JSEB, or any third-party, nor create any JEA liability for the
Company's faHure to make timely payments as required. The Companis failure to comply with the prompt
payment requirements, however, shall constitute a material breach of its contractual obligations to JEA. As
a result of such breach, JEA, without waiving any other available remedy it may have against the
Company, may issue joint checks and charge the Company a 0.2% daily late payment interest charge or
charges as specified witWn the Florida Statutes, whichever is greater.
1.6.8. Taxes [JEA.C292]
JEA is authorized to self-accrue the Florida Sales and Use Tax (Direct Payment Certificate Number 0138)
and is exempt from Manufacturer's Federal Excise Tax when purchasing tangible personal property for its
direct consumption.
When the Company is perfonning repairs, alterations, improvements or construction to JEA's real property
under a lump sum, cost-plus, fixed fee or not-to-exceed Contract, the Company is the end-user and shall
pay applicable taxes. In the event the Work is exempt from Florida Sales and Use Tax due to perfonnance
for multifuel generation facilities, iliA will provide the Company affidavit of such and the Company shall
not include the price in its Bid.
The Company shall pay all applicable Florida Sales and Use Taxes as if it is the ultimate consumer in the
event that the Work involves repairs, alterations, improvements or construction on JEA real property.
Certain multifuel generation assets are exempt from Florida Sales and Use Taxes in accordance with
Florida Statutes. In such cases, iliA will provide an affidavit of such for use in making nontaxable
purchases.
1.7. SECTION TITLE: PERFORMANCE [JEA-S14]
1.7.1. Applicable Standards and Codes [JEA-C280] ***
The latest rules and regulations of the following organizations shall be considered a part of these Contract
Documents. The Company shall perfonn all Work in strict accordance with applicable provisions thereof:
. Any rules and regulations as referred to in the Technical Specifications, Exhibits A and C hereto,
and in the JEA Water & Sewer Standards Manual
1.7.2. As-Built Drawings [JEA-C293]
The Company shalI record and keep current during the progress of the Work, as-built infom!ation. Upon
completion of the Work and prior to fmal payment, the Company shall furnish to the JEA Engineer an
electronic file and a reproducible Mylar set of as-built drawings accurately representing the actual Work as
installed, erected, or constructed and prepared in accordance with the JEA Contract Performance Manual.
The Company's submitted as.buiIts shall incorporate all Addenda, Change Orders and all requirements with
respect to the drawings specified within these Contract Documents and within the JEA Contract
Perfonnance Manual. As-built drawings shall be accompanied by a transmittal letter, signed by an officer
of the Company, stating that the as-built drawings are a correct and accurate depiction of the Work
performed.
1.7.3. Care of JEA Customers [JEA-C295]
The Company agrees to provide excellent service to customers of JEA services throughout the execution of
the Work during both scheduled Work hours and Overtime in accordance with the provisions set forth in
the iliA Contract Performance Manual.
10
r
If the Company fails to provide the customer service requirements stated within the Contract Docwnents
and/or within the JEA Contract Performance Manual, JEA may require the Company to appear before
JEA's Company Performance Review Board, pursue additional remedial actions, terminate the Contract,
and suspend Company from JEA's Responsible Bidder's List in all categories for a period not to exceed one
year.
1.7.4. Commercial Activities on the Work Location [JEA-C296}
The Company shall not establish any commercial activities, or issue concessions or permits of any kind to
third parties to establish commercial activities on lands owned or controlled by JEA, or within the
boundaries of the Work Location. The Company shall not allow its employees to engage in any commercial
activities on the Work Location.
1.7.5. Company Laydown Area [JEA-543]
In the event the Company decides to utilize public or private property as a laydown area, the Company
shall enter into a written agreement with the entity who owns the property. JEA shall have access to all
laydown areas. Upon submission of Company's first Invoice or application for payment to JEA, the
Company shall provide to JEA a copy of such signed written agreement. The Company shall submit to JEA
a letter of release from the entity in connection with Company's final Invoice or application for payment to
JEA.
1.7.6. Company Representatives [JEA-C298}
The Company shall provide JEA with the name and responsibilities of the Company Representative, in
writing after A ward of the Contract and before starting the Work under the Contract. Should the Company
Deed to change the Company Representative, the Company shall promptly notify JEA in writing of the
change.
1. 7. 7. Company's Documents at the Work Location [JEA-C299]
The Company shall maintain at the Work Location for JEA one record copy of all Contract Documents in
good order and marked currently to record all Addenda and changes made during Contract Term. These
shall be available to JEA Representatives and shall be delivered to the Contract Administrator UpOD
completion of the Work and at the request of the Contract Administrator.
The Company shall also maintain detailed records of the Work for its own files. The Company shall make
these records available to JEA for inspection upon request The Company shall maintain sucp" records for
three years after date of Final Completion. .
1.7.8. Company's Field Office [JEA-C300]
The Company shall provide its own office facilities at the Work Location, as required. Unless specifically
listed here~ JEA provides no Work Location facilities or Work Location area for the Company facilities
of any kind such as field office and material storage. If the Company establishes a Work Location-based
office, the Company shall provide and maintain adequate telephone facilities at this office during the full
Term of the Contract. If the Company has a local business office, this office may serve as a Work Location
office for this Contract, but the Company must maintain an operational cellular phone at the Work Location
while performing Work.
1.7.9. Compliance With Referenced Specifications [JEA-C302]
All Work, materials, systems or operations specified by reference to standard trade specifications or to
11
manufacturer's published specifications shall comply with the requirements of the referenced specifications,
except as modified by the requirements of this Contract. The referenced specification used shall be the
latest published edition that is in effect 00 the effective date of this Contract unless a particular edition is
specified. In case of a conflict, the specifications that contain the more stringent requirements will govern.
1.7.10. Disposition of Salvable Material (JEA.C:~05]
All material to be removed from the Work Location, relocated or salvaged, shall be inspected by the JEA
Engineer immediately prior to removal, and the JEA Engineer's decision as to the salvageability shall be
fmal. Such material that is salvable, in the opinion of the JEA Engineer, shall be stored at the Work
Location on-site by the Company, as and where directed by the JEA Engineer, or delivered to a location as
directed. Under no circumstances may existing structures, plant or facilities be removed or demolished
without obtaining prior written approval from the JEA Engineer.
1.7.11. Emergency Events [JEA-C306]
'In the event that a system-wide emergency arises during the Term of this Contract for which JEA requires
assistance from the Company including, but not limited to, severe storms, large-scale fITes, floods, and
terrorist attacks, the Company acknowledges the importance of JEA infrastructure and agrees to support,
with all its resources, skins and capabilities, and the maximum extent possible, all restoration efforts of
JEA. The Contract Administrator shall notify the Company when an emergency event occurs and the
Company agrees to mobilize its full resources immediately. In the event conditions are such that an
emergency event is likely in progress, but the Company has not been notified by the Contract
Administrator, the Company shall make all efforts to contact a JEA Representative to determine if and how
it should respond. JEA agrees to reimburse the Company for its actual costs incurred, plus overhead and
profit. the total not exceeding 12%, and anyone-time expended cost incurred as a result of supporting JEA
during the emergency event.
1.7.12. Emergency Procedures [JEA-C307]
In emergencies affecting the safety of persons, the Work or property at the Work Location or any other area
adjacent thereto, the Company, without special instructions or authorization from JEA Representatives, is
obligated to act to its best ability, to prevent threatened damage, injury or loss to the Work, any persons, or
property. The Company shall give the Contract Administrator prompt written notice describing the
emergency, its cause, actions taken, injuries and casualties, property damage, other damages, and impact on
continued perfonnance under this Contract.
1.7.13. Encroachments on Rights or Property [JEA-C308] "
The Company shall be solely responsible for any encroachments on public property or on th~' rights or
property of adjoining property owners to the Work Location, and shall hold JEA harmless because of any
encroachments that may result because of the Company's improper layout. In this regard, the Company
shall, without extra cost to JEA, remove any Work or portion of any Work that encroaches on the property
other than that of the Work Location, or that is built beyond legal building or setback limits. The Company
shall rebuild the affected Work or portion of Work at the proper location and in full compliance with the
Contract Documents.
1. 7.14. Inspections and Testing [JEA-C310]
The Company understands and agrees that JEA shall have the right to inspect the Work at anytime and for
any reason at the Work Location in accordance with the provisions set forth in the JEA Contract
Performance Manual. JEA's inspection of the Work, or any work site observations, notices or assumptions
ofthe worksite duties, or JEA's failure to inspect or observe the Work, will not relieve the Company of its
obligations under the Contract, nor will such JEA actions or inactions be construed as Acceptance of the
12
~ Work.
i
If any applicable law, rule or regulation requires Work to specifically be inspected, tested, or approved by
someone other than the Company, the Company shall give the Contract Administrator timely notice of
readiness. The Company shall furnish the Contract Administrator the required certificates of inspection,
testing or approval. All such tests shall be in accordance with the methods prescribed by the American
Society for Testing and Materials or other applicable laws, rules and regulations. The Company shan pay
for all inspections and tests required by any applicable laws, rules or regulations that is performed by non-
JEA personnel.
Prior to Acceptance of the Work, all major equipment shall be subjected to operating field tests to
determine satisfactory functioning and operation. The equipment shall be operated by and at the expense of
Company. The Company shall submit to the Contract Administrator for approval, an outline of the test
sequence and a schedule indicating the estimated time required to complete the tests.
Unless otherwise provided in the Contract, Acceptance by JEA shall be made as promptly as practicable
after inspection of all Work required by the Contract Documents.
1.7.15. Interference With Existing Utilities [JEA-566]
The Company acknowledges and agrees that there is a possibility that existing JEA or other utility facilities
may cross and/or lie parallel to excavations in the area where Work will occur. Although JEA may indicate
recorded obstacles on the drawings, it does not warrant that other subsurface obstacles do Dot exist. The
Company shall be responsible for verifying the data furnished by JEA and for fully investigating and
locating additional obstructions including every type below, on or above the ground. The Company should
regard these impediments as normal to construction. All costs for performing such work shan not be paid
for separately, but shall be included in the Company's costs on the Bid Document
The Company shall comply with all requirements of the Sunshine State Onc~..Call program.
In the event the Company encounters an unidentified utility during performance of the Work, the Company
shall promptly cease Work in the affected area and sh,all immediately notify the JEA Representative in
writing. JEA will investigate the area and propose remedial actions in accordance with the provisions stated
herein in "Changes to the Work" JEA-164.
The Company shall work in cooperation with JEA and representatives of existing utilities to plan and
coordinate putting new Work into service so as not to interfere with the operation of the existing ntilities.
Such plans shall be adhered to unless deviations therefrom are expressly permitted in writing by the
Contract Administrator.
/'
The Company shall at all times conduct the Work in a manner that inteneres as little as possible with the
existing utilities. Any cables exposed during construction, whether energized or not, must be handled and
protected as if they are energized. The Company shall so conduct its operations and maintain the Work in
such condition that adequate drainage shall be in effect at all times. The Company shall not obstruct
existing gutters, ditches and other runoff facilities. When working in the vicinity of overhead lines, the
Company shall request line rubber protection from JEA at least 10 days in advance of performing the work.
The Company shall be solely responsible for any damages, interferences, and interruptions of service
caused to any utility's assets and services including water, sewer, electric, telephone, gas, cable, and other
utility services, that result from the Company's failure to fulfill the above stated requirements.
In the event the Company damages an existing utility, the Company shall immediately notify the property
owner, the owner of the damaged utility and the JEA Representative. Should the damage cause an
interruption of service, the Company shall be responsible for restoring service as soon as possible;
however, the Company shall not make repairs, other than any required to restore safe conditions, without
the approval of the property owner, or the owner of the damaged utility. The Company shall be responsible
13
for coordinating any repair effort, and any associated costs should the utility owner or a licensed repair
contractor be required to make the repair. JEA reserves the right to deduct any unsettled claim amount from
Company's invoices until sllch time as the claim is satisfactorily resolved.
1.7.16. Interference With Other JEA Work or Other Companies [JEA-567]
The Company shall perform the Work in a manner that minimizes the interference with other JEA work,
City of Jacksonville work, or with work performed by other companies. The Company shall coordinate the
Work with other persons and companies employed by JEA. If a difference of opinion regarding scheduling
or coordination of the Work arises between the Company and another JEA contractor(s) performing work
at the Work Location, JEA may arbitrate the matter. In such cases where JEA makes a decision regarding
the scheduling or coordination of the work, the Company agrees to fully abide by JEA's decision. Unless
otherwise agreed in writing by JEA, JEA will not be responsible for additional costs.
Any claims arising against the Company from damages to other companies' work, equipment, machinery,
tools or other property shall be settled directly between the Company and the other companies inv()lved.
JEA will not, in any way, be a party to arbitrating or mediating any such disputes, nor shall JEA be
responsible for any costs associated with such disputes.
1.7.17. Interference with Railroads [JEA-562]
The Company shall not build across, into, over or under, either temporarily or permanently, any portion of
a railway or railway right-of-way without first obtaining all required permits. lithe Company's operations
render any railroad unsafe, the Company shall immediately notify the Contract Administrator, and the
railroad owner and take appropriate actions and such temporary safeguards as required to protect life, limb,
and property, and to maintain orderly traffic.
The Company shall procure all railroad permits required for the Work beyond those procured by JEA and
the costs for such permits shall be included in the Bid Documents. All costs associated with railroad fees
for railroad flagmen, watch outs, inspectors, supervisors, any additional training of Company's employees
that is required by applicable laws, rules and regulations when performing Work in association with
railways, any certifications required for successful completion of the Wark and all other associated costs
shall be included in the Bid Document.
1.7.18. Interruption of Service [JEA-C312]
The Company shall not operate any valves, nor otherwise interrupt water andlor sewer service, without first
obtaining permission from the JEA Engineer. The JEA Representative shan be present during any
interruption of service.
~,
Tfthe Company must shut down a main or portion of a main, thereby causing an interruption of water
service, the Company shall provide the JEA Engineer with the following information, in writing, a
minimum of four days in advance of any anticipated interruption of service:
Date and time of outage.
Purpose of the olltage.
Map of the area to be affected by the outage.
Letter stating all offices, businesses, and residents have been or will be notified by Company at least four
days in advance of the outage (unless JEA chooses to issue such notification).
The Company is not authorized to proceed with requested Work without prior written notice from JEA
Engineer that such actions are approved.
In the event of a major emergency that endangers life or property, the Company may take immediate action
before notifying iliA. In all cases, however, JEA shall be notified in writing at the earliest opportunity
14
.fr after addressing the emergency.
1. 7.19. JEA Project Security Program [JEA-598}
The JEA Project Security Program establishes a coordinated security program and l'!8signs specific security
responsibilities for which the Company and/or its Subcontractors shall be responsible at while performing
construction services at existing JEA facilities and upon the substantial completion of new facilities. The
programs objectives are 1) to direct all project security activities toward a single goal--no breaches, thefts
or vandalism, and 2) to ensure effective coordination and communication of all project security activities
with JEA Security.
In general, the Company shall provide on-site JEA security personnel at any time the facility's perimeter is
unsecured, including but not limited to, alarms disabled, fences or gates down, traffic flows that require
gates to be opened repeatedly and/or for more than one hour of the work day. The Company shall schedule
security personnel through JEA Security. Where existing lighting is disabled or otherwise impacted by the
Work, the Company shall provide temporary lighting equal to or exceeding that which exists.
Further, the Company shall be responsible for complying with all applicable provisions of Chapter 12
"Security Program" ofthe JEA Contractor Safety Management Process Safety Requirements, a copy of
which may be obtained from: William Bland, Manager, JEA Security, (904) 665-6070, blanwl@iea.com.
1.7.20. Licenses [JEA-C314]
Tbe Company shall comply with all licensing and/or certification requirements pursuant to applicable laws,
rules and regulations. The Company shall secure all licenses as required for the performance of the Work
and shall pay all fees associated with securing them. The Company shall produce written evidence of
licenses a~d other certifications immediately upon request from JEA.
1.7.21. Limitation of Accuracy ofInformational Materials [JEA-S68]
For all drawings, test results, inspections, and other informational materials included as part of the Contract
Documents, the Company understands and agrees that any existing facilities shown, including
underground, overhead, and surface structures, and other delineations, and any other informational items
provided as part of the Contract Documents are for reference only and are not to be used by the Company
as the only indication of Work conditions.
1.7.22. Maintenance of Traffic (MOT) [JEA-564]
The Company, when required by the governing agency such as the City of Jacksonville or the Florida
Department of Transportation (FDOT), shall maintain traffic in accordance with aD approved.'Maintenance
of Traffic (MOT) plan ("MOT Plan ") submitted by the Company, on streets, roads, private ways, aDd
walks. The Company shall assume full responsibility for the adequacy and safety of provisions made. The
Company shall be solely responsible for the placement, maintenance and removal of the minimum number
of devices required by the MOT Plan, or specified by the FDOT, for the control of traffic at the Work
Location including, but not limited to signs, cones, lights, barricades, concrete barrier walls, police officers,
flaggers, etc. ("MOT Items").
Unless expressly stated herein that JEA will provide the Company with MOT Items for the Work, the
Company shall include costs for all MOT Items in the associated lines in the Bid Document.
1. 7.23. Material Delivery Locations [JEA-C317l
The Company shall notify, in writing, the Contract Administrator of all planned material delivery/receiving
locations. Such notification shall be prior to initiation of shipment. The Contract Administrator will provide
15
the Company with specific written approval for each delivery/receipt location, which will not be
unreasonably withheld. Where the Contract Administrator disapproves a proposed location, the Company
shall propose alternate locations and obtain the Contract Administrator's written approval for any proposed
alternate location. The Company understands and agrees that it shall not seek additional monies to
compensate for any costs associated with changes or denials of proposed delivery/receipt locations
regardless of circumstances.
1.7.24. Meters [JEA-C318l
The Company shall pay all fees and charges required for connections to utilities, concurrency management,
parking meter rentaVremoval and any other assessments imposed on the Work or initial occupancy of the
Contract, except those specifically listed herein as provided by JEA.
1.7.25. Permits [JEA-C3191
The Company shall secure, maintain, post as required, and pay for all building, plumbing, electrical, right-
of-way, parking, roadway, railroad, shipping, freight, hazardous materials, and all other permits required
for performance of the Work in full compliance with all applicable laws, rules and regulations. The
Company shall perform all actions necessary to identify where permits are to be obtained and properly file
for the permits, except those specifically listed as being provided by JEA.
The Company shall comply with all conditions of permits issued for the Work, either directly or indirectly,
issued by federal, state, or local governmental agencies, which are hereby incorporated as part of these
Contract Documents. The Company shall be solely responsible for resolving any issues and bearing an
expenses including any damages suffered by JEA that result from a finding of noncompliance during
performance of the Work by any of the respective regulatory agencies including, but not limited to, all costs
for delays, litigation, fmes, fees of any kind., and other costs.
1.7.26. Protection of Existing Facilities and Grounds [JEA-565]
The Company shall be responsible for protecting all the existing facilities including, but not limited to,
buildings, lawns, landscaping, sprinkler systems, and pavements, both public and private, that are
encountered during the performance of the Work. At all times, the Company shall cooperate with the
owners of such facilities by arranging and performing the Work in and around such facilities in a manner
that facilitates their preservation, relocation, and/or reconstruction. The Company shall be responsible for
the full restoration or replacement if the Company damages such facilities during or resulting from
performance of the Work.
The Company shall verify the existing dimensions and clearances before laying out the Work. When the
Work involves the laying of utility lines across landscaped areas and grassed areas, which may include, but
is not limited to, irrigation systems, streets, sidewalks, and other paved areas, the Company fuaU protect
and preserve aU trees, shrubs, palms, landscaping, etc., and restore such areas and all paved areas to their
original sound conditions using construction techniques and materials that are the same as existing
including replacing plants and trees witb those of similar size and age. In the case of planted areas, the
Company shall maintain the restoration Work until positive growth has been acknowledged in writing by
the Contract Administrator.
All costs for such restoration and replacement work shall be included in the associated lines on the Bid
Document.
The Company shall not (except upon written consent from the property owner and Contract Administrator)
enter or occupy with workers, tools, equipment or vehicles any land outside the easements, right-of-ways,
iliA property or the City of Jacksonville property.
16
j: 1. 7 .27. Protection of the Environment [JEA-56!]
The Company and its Subcontractors shall comply with all applicable laws,rules and regulations.
Asbestos, Lead, or Toxic Mold Notification:
Asbestos, Lead, or Toxic Mold may be present at the Work Location. The Company shall notify the
Contract Administrator immediately upon discovery of asbestos, lead, toxic mold. The Company shall not
disturb or remove known or discovered asbestos, lead, or toxic mold unless directed by Contract
Administrator.
Hazardous Waste:
The Company shall bear full responsibility including, but not limited to, payment and liability for the
transportation, use and disposal of any hazardous or toxic substance under the Company's control during
the performance of the Work. Disposal of hazardous waste should only be disposed of at JEA approved
facilities. The Company shall provide JEA with appropriate documentation showing proper disposal of its
hazardous or toxic substances.
JEA has identified and labeled equipment mown to contain PCBs. JEA will remove and transport any
equipment so identified. The Company shall not remove or transport any equipment containing PCBs. The
Company shall immediately notify the JEA Representative of any questionable or unmarked equipment and
the JEA Representative will arrange for testing and identification.
Toxic Substances Introduced by the Company:
The Company shall notify the Contract Administrator in writing of the type, quantity and disposal method
of any toxic substance used during the performance of the Work. The Company shall be solely responsible
for the use and disposal of any such toxic substances. The Company shall submit cleanup procedures to the
JEA Representative for review and written approval prior to the use of the toxic substance. In the event that
a toxic substance escapes into the environment, the Company shall immediately notify the Contract
Administrator in writing of the occurrence and the actions taken. In the event that the Company encounters
toxic substances in the course of construction, the Company shall immediately notify the Contract
Administrator verbally. with. a written notification to follow. The Contract Administrator shall arrange for
disposal by JEA.
The Company will be solely responsible for all waste material including paints, lubricants, fuels, solvents,
and other chemicals used in connection with the Work. The Company will provide proper containers for
waste materials and comply with all applicable laws, rules and regulations in their disposal. The Company
will dispose of all empty containers off-site as soon as possibLe. The Company will designate one area for
transferring paints and solvents from large containers (55-gallon drums) into smaller containers for daily
use.
Wetlands:
The Company understands and agrees that the Work Location may include wetlands or othef
environmentally sensitive areas. The Company shall not enter these areas during the performance of its
Work, unless specifically authorized by the Contract Administrator and appropriate state and federal
permits have been obtained.
Wildlife:
The Company and/or Subcontractor's employees shall not endanger wildlife species or domestic animals of
any kind.
Violation of Environmental Laws and Permits:
The Company shall immediately cease any activity that causes or results in a violation of JEA's or
Company's environmental permits or federal, state and local laws and regulations. Such violation shall
immediately be reported to the Contract Administrator verbally, with written notification to follow. All
additional costs due to the Company's noncompliance with the applicable environmental regulations shall
be paid by the Company.
17
1.7.28. Quality Control and Quality Assurance [JEA-C324)
The Company shall provide Quality Control to ensure the Work is performed in accordance with the
Contract. Quality Control shall be appropriate for the nature of -the Work, and shall be conducted in a
manner consistent with sound quality management and industrial engineering principles. The Company
shall have only personnel trained in Quality Control techniques and experienced with the nature of the
Work perfonn the Quality Control function.
JEA may perform Quality Assurance activities. Such activities, whether performed or not, do not in any
way limit or reduce the Company's requirements. JEA may become aware of quality related problems
during its performance of Quality Assurance, but has no obligation to notify the Company of its fmdings.
The Company shall provide access to all areas of Work, including the Company's facilities, for JEA Quality
Assurance personnel and JEA Representatives. JEA will conduct Quality Assurance activities so as not to
excessively interfere with the Work, however, where JBA Quality Assurance personnel request specific
actions of the Company, the Company shall comply with the request and agrees that such compliance is
included as part of its Contract Price.
1.7.29. Safety and Protection Precautions [JEA-C329]
The Company shall comply with all applicable federal, state and local laws, ordinances, all JEA procedures
and policies including, but not limited to, JEA's Contractor Safety Management Process (available at
JEA.com), and orders of any public body having jurisdiction for the safety of persons or protection of
property. The Company understands .and agrees that violation of any provision of this clause is grounds for
immediate tennination of the Contract and the Company is responsible for all JEA damages associated with
such termination.
The Company shall only use those Subcontractors who have met JEA Safety PrequaIification requirements
per the iliA Contractor Safety Management Process. The Company shall ensure that Subcontractors and
their personnel have aU the necessary personal protective equipment and training needed to perform Work
safely.
The Company understands and agrees that JEA Representatives may stop Work at any time that JEA, at its
sole discretion, considers the Company's Work to be unsafe or a risk to property, and to direct the Company
to, at a minimum, perform as directed in such a way as to render the Work environment safe. The Company
understands and agrees that it is responsible for paying aU costs associated with providing a safe work
environment including, but not limited to, any costs associated with any JEA directed safety improvements.
The Company further understands and agrees that it is solely responsible for the safety of personnel and
property associated with the Work, and that any actions taken by JEA to prevent harm to persons or
damage to equipment does not, in any way, relieve the Company of this responsibility.
The Company Representative, or alternatively, the Company Supervisor, shall be designated a,s the
Company's individual responsible for the prevention of accidents.
The Company shall notify the police and fIre departments as to its Work Location in order to ensure prompt
response in an emergency.
1.7.30. Samples [JEA-C330l ***
lfthe product(s) specifIed in the Contract is/are unavailable after the Award of the Contract, or if it is
anticipated that the product(s) will vary considerably in function, size, usability, life expectancy, color,
texture or other material ways from t.l1e specifications, or upon request of the Contract Administrator, the.
Company shall submit a minimum of three Samples ofthe product(s). When variations in color, texture or
other characteristics are anticipated, the Company shall submit a sufficient number of Samples to indicate
the full range of such variances in the finished products.
Samples shall be delivered to the following address:
18
1 Bill Clendening
JEA
2434 North Pearl Street
Jacksonville, Florida 32206
904-665-4723
The Company shall submit all required Samples promptly so as to cause no delay in the Work. JEA will
evaluate the Samples with reasonable promptness. No extensions oftime will be granted to the Company
because offailure to submit Samples in ample time for review and approval.
The Company shall be solely responsible for the arrangements and costs of delivering and removing its
Samples from JEA facilities. JEA may consume Of destroy Samples during its tests to determine whether
they meet the requirements of the Contract.
The Company shall mark each sample with the Company's name, Contract number, Purchase Order
Number, the purpose for which the Samples are submitted, and the submittal date.
Samples shall be accompanied by a letter of transmittal along with all technical specifications, operating
instructions, installation instructions, drawings and other documentation useable by the JEA Engineer in
evaluating the Sample.
Each Sample shall have a tag aff1xed in such a way that the JEA Engineer is able to stamp the tag
indicating approval or disapproval of the Sample.
If the JEA Engineef approves the Samples, they will be so stamped and the Company will be notified to
reclaim all but one of any remaining Samples either in whole or part. Approval of such Samples will not
relieve the Company from responsibility for any departure or deviations from the requirements of the
Contract unless the Company, in writing, called the JEA Engineer's attention to such departures or
deviations at the time of Sample submission.
If the JEA Engineer does not approve the Samples, the Company will be notified to resubmit additional
Samples for approval. The JEA Engineer may revoke approval of a Sample, should Work-related
conditions change.
1.7.31. Schedules - Milestone [JEA-C331]
". "
The Company shall submit a Summary Schedule to JEA prior to starting the Work indicating the starting
and completion dates of the major activities of the Work. The Company shall update the Summary
Schedule at least once per week and submit the updated Summary Schedule weekly to the Contract
Administrator. "r
1.7.32. Shop Drawings [JEA-C335]
The Company shall promptly submit all required Shop Drawings in accordance with the provisions set
forth in the JEA Contract Perfonnance Manual. JEA will not grant an extension of Contract Time due to
the Company's failure to submit Shop Drawings in ample time to allow for checking, revisions, reviews,
and approval.
A letter of transmittal and one copy of each shop drawing shan accompany each submittal. Shop drawings
shall be forwarded to the JEA Engineer. Each drawing shall be listed separately on the letter. The
Company shall also note distinctively on the transmittal letter any deviations that the Shop Drawings may
have from the requirements of the Contract Documents.
If the materials in the Shop Drawings are not listed in JEA's Approved Materials Manual, then the
Company shall forward five sets of each shop drawing to the JEA Engineer for review prior to purchasing
19
the items. The Company shall also include the number of prints it desires to have returned.
The JEA Engineer's approval of Shop Drawings shall not be construed as a complete check, nor shall it
relieve the Company from responsibility for any deficiency that may exist, or from any departures or
deviations from the requirements of the Contract unless the Company has, in writing, called the JEA
Engineer's attention to such deviations at the time of submission and obtained written approval for the
deviation. The JEA Engineer's approval shall not relieve the Company from the responsibility for errors of
any sort in Shop Drawings or schedules, nor from responsibility for proper fitting of the Work, nor from the
necessity offumishing any Work, materials, equipment or tools, required by the Contract Documents that
may not be indicated on Shop Drawings when approved. The Company shall be solely responsible for all
quantities and dimensions shown on the Shop Drawings. The Company shall not execute any Work until
the JEA Engineer approves the Shop Drawings and a copy stamped "Approved" is at the Work Location.
The Company shall, at no extra cost to JEA, make all changes and alterations whatsoever in Work
performed or in subcontracts or orders placed prior to the approval of any and all Shop Drawings. JEA may
revoke approval of Shop Drawings, should field conditions so dictate.
1.7.33. Storm Preparedness [JEA-C462]
In the event of a Hurricane Warning, Tropical Storm Warning, or other large storm affecting the Work
Location, the Company shall secure, or shall remove and store all equipment and materials at the Work
Location including, but not limited to, cones, barricades, lights and signs. The Company shall begin taking
such precautions as necessary to secure the .Work Location upon official issuance of mandatory evacuation
. of the area of the Work Location and no later than 24 hours prior to predicted arrival of tropical storm or
hurricane force winds, or when notified by a JEA Representative to do so. These activities are considered a
regular part ofthe Work, regardless of the frequency they are required.
1.7.34. Substantial Completion [JEA-C336]
The Company shall notify JEA in writing when a portion of the Work is ready for acceptance and can be
utilized for the purposes for which it was intended. The Company shan identify any deficiencies in the
Work. JEA will inspect the Work and will give the Company written notice of either acceptance of that
portion of the Work or additional deficiencies. The Company shall correct all deficiencies prior to
AC'ceptance"ofthe Work by JEA.
Whenever any portion of the Work is substantially complete and can be utilized for the purpose for which it
was intended, JEA may use it. Such use shall not be held in any way as an Acceptance of the Work or as a
waiver of any provisions ofthe Contract.
1. 7.35. Substitutions [JEA-C337]
Whenever materials or equipment are specified or described in the Contract by using the name of a
proprietary item or the name of a particular supplier, the naming of the item is intended to establish the
type, function and quality required.
Materials or equipment of other suppliers may be accepted by the JEA Engineer if sufficient infonnation is
submitted by the Company to allow the JEA Engineer to determine that the material or equipment proposed
is equivalent or equal to that named.
The Company shall make written application to the JEA Engineer for acceptance thereof, certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that specified.
The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice
the Company's completion of the Work within the Contract Time, whether or not acceptance of the
substitute for use in the Wark will require a change in any of the Contract Documents (or in the provisi.ons
20
t of any other Contract directly with JEA for Work on the Contract) to adapt the design to the proposed
substitute and whether or not incorporation or use oftbe substitute in connection with the Work is subject
to payment of any license fees, royalties, permits or any other costs.
All variations of the proposed substitute from that specified shall be identified in the application and
available maintenance, repair and replacement service shall be indicated.
The application shall also contain an itemized estimate of all costs that will result directly or indirectly from
acceptance of such substitute, including costs of redesign and claims of other Companies affected by the
resulting change, all of which shall be considered by the JEA Engineer in evaluating the proposed
substitute.
Requests for review of substitute items of material and equipment will not be accepted by the JEA Engineer
from anyone other than the Company.
The JEA Engineer may require the Company to furnish, at the Company's expense, additional data about
the proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated in or required by
the Contract, the Company may furnish or utilize a substitute means, method, sequence, technique or
procedure of construction acceptable to the JEA Engineer, if the Company submits sufficient information to
allow the JEA Engineer to determine that the substitute proposed is equivalent to that indicated or required
by the Contract.
The JEA Engineer will be allowed a reasonable time within which to evaluate each proposed substitute;
such time shall not be deemed justification for an extension of the Company's time for completion of the
Contract.
The JEA Engineer will be the sole judge of acceptability, and no substitute shall be ordered, installed or
utilized without the JEA Engineer's prior written notice, which shall be evidenced by either a Change Order
or an approved Shop Drawing.
JEA may require reimbursement for the cost associated with JEA's evaluation of substitutions.
JEA may require the Company to furnish, at the Company's expense, a special performance guarantee
bonds or other surety with respect to any substitution.
1.7.36. Surveying [JEA-C339]
Unless specifically stated in the Contract Documents as being provided by JEA, the Compa1J..Y shall be
responsible for all surveying necessary to commence and perform this Work. The Company shall employ a
land surveyor registered in the State of Florida to reference and restore all property comers and/or
monuments that may have been disturbed and to ensure accurate horizontal and vertical control during the
construction of this project and for staking locations for new structures. Height and spacing of stakes to be
as specified elsewhere herein or as directed by JEA Engineer.
All Work shall be done to the lines, grades and elevations shown on the drawings. Any Work improperly
. located may be ordered removed and replaced at the Company's expense. The Company shall be
responsible for making its own determination of water table variations and shall not assume that any water
levels shown by the aforesaid boring data will necessarily be maintained at the level indicated. The
Company shall investigate the conditions above or below the surface of the ground as it may deem
necessary for the proper and timely performance of its Work including, but not limited to, the making of
borings. Where soil conditions differ from expected, the Company shall be responsible for all costs
incurred.
In the event soil conditions are not as expected by either JEA, or the Company, the Company shall pay any
21
and all costs associated with changes required to properly accommodate actual soil conditions.
1. 7.37. Temporary Closure of Roadways [JEA-563]
The Company shall not close or obstruct any portion of a street, road, or private way without fIrst obtaining
permits. If any street or private way is rendered unsafe by the Company's operations, the Company shall
make such repairs or provide such temporary ways and guards necessary for the protection and safety of
persons on the Work and the public and for the orderly maintenance of traffIc. All costs associated with
temporary closure of roadways shall be included in Bid Document.
The Company shall notify the police and fIre departments in writing if it will be necessary to close a street.
The Company shall copy JEA on all correspondence relating to street closure. The Company shall notify
the police and fIre departments prior to closure of the street. The Company shall be responsible for
maintaining proper coordination with the proper authorities.
Temporary closure of business entrances must be approved in writing by and coordinated with JEA.
1.7.38. Temporary Utilities [JEA-C342]
The Company shall furnish and install all temporary water, electricity and other utilities required to
accomplish the Work. The Company shall obtain the water required for carrying out the Work from fIre
hydrants, existing water main connections, or new connections approved by JEA. The Company shall
insta11 a back flow preventer and water meter assembly if construction water is necessary. Upon
Substantial Completion of Work, the Company shall remove all evidence oftemporary connections and
lines.
Prior to initiating any construction Work, the Company shall coordinate and schedule the provision of
temporary utility service required during construction and arrange for the permanent installation and
connection of utilities for the completed Work.
1.7.39. Tools and Equipment [JEA-C343]
All tools and equipment used in the performance of the Work shall be used as intended by the manufacturer
and in accordance with manufacturer operating manuals and industry practices, whichever is more
stringent. The Company shall ensure that all tools and equipment used in the performance of the Work shall
be of the size and quality suitable for safe and efficient performance of the Work. If the Company-provided
tools and equipment do not meet these requirements, or if in the sole opinion of JEA fonned after
considering relevant factors, the tools or equipment are inappropriate for performance of the Work, the
Company agrees to remove the unacceptable tools and equipment and obtain tools and equipment JEA
considers suitable. Such replacement shall be entirely at the Company's expense, and no cha~e to Contract
Time will be allowed.
The Company is responsible for furnishing and the security of any and all tools and equipment required to
perfonn the Work.
1. 7.40. Unforeseen Conditions [JEA-S69]
The Company understands and agrees that it is its responsibility to conduce due diligence prior to the
Work. Such due diligence includes, but is not limited to, verifying all Work conditions, measurements,
dimensions and latent and patent obstructions, the accuracy of drawings, test results, inspections and other
informational materials provided in the Contract Documents, and any other causes for existing or potential
changes to the Work prior to initiating the Work. In the event that the Work must be changed due to the
Company's failure to fulfill the above requirements, the Company understands and agrees that it will be
responsible for all costs associated with the changed condition.
22
, In the event, however, that the Company exercises the requisite due diligence and a change to the Work
,
becomes necessary resulting from conditions that are clearly unforeseen and that could not have been
discovered, the costs for adjusting the Work in response to such unforeseen conditions shall be addressed as
stated herein in "Change in the Work" JEA-164.
1.7.41. Use of Explosives - Prohibited [JEA-C347]
The use of explosives to perform any Work or activities related to this Contract is strictly prohibited.
1.7.42. Vendor Performance Evaluation [JEA-C338]
Use of Vendor Performance Evaluation Scorecards
JEA will evaluate the Company's perfornl.ance using the evaluation criteria shown on the vendor scorecard
available at JEA Procurement Bid Section, JEA Tower Suite 103,21 W. Church Street, Jacksonville, FL
32202 or online at JEA.com. Scores for all metrics shown on the evaluation range from a low of 1, meaning
significantly deficient performance, to a high of 5, meaning exceptionally good performance. The
Company's performance shall be classified as Top Performance, Acceptable Performance, or Unaoceptable
Performance, as dermed herein. The evaluator will be a designated JEA employee or JEA contractor
familiar with the performance of the Company. The evaluator's supervisor and the Chief Purchasing Officer
will review deficient performance letters and Unacceptable Performance scorecards, as descn'bed below,
prior to issuance. When evaluatingotheCompany's performance, JEA will consider the perform~ce of the
Company's Subcontractors and suppliers, as part of the Company's performance.
Frequency of Evaluations
JEA may conduct performance evaluations and prepare scorecards in accordance with the procedures
described herein at any time during performance of the Work or soon after the completion of the Work.
JEA may conduct one or more evaluations determined solely at the discretion of JEA.
Unacceptable Performance
If at anytime, JEA determines, using the criteria described on the scorecard, that the performance of the
Company is Unacceptable, the Contract Administrator and Chief Purchasing Officer or his designated
alternate will notify the Company of such in a letter. The Company shall have 10 days to respond to the
Contract Administrator. Such response shall include, and preferably be delivered in-person by an officer of
the Company, the specific actions thattbe Company will take to bring the Company's performance up to at
least Acceptable Performance.
WiWo 30 days from date of the first Unacceptable Performance letter, the Contract Administrator and
Chief Purchasing Officer or his designated alternate will notify the Company by letter as to whether its
performance, as determined solely by JEA, is meeting expectations, or is continuing to be Unacceptable. If
the Company's performance is described in the letter as meeting expectations, no further rem;dial action is
required by the Company, as long as Company's performance continues to be Acceptable.
If the Company's performance as described in the letter continues to be Unacceptable, or is inconsistently
Acceptable, then the Company shan have 15 days from date of second letter to demonstrate solely through
its performance of the Work, that it has achieved Acceptable Performance. At the end of the l5-day period,
JEA will prepare a scorecard documenting the Company's performance from the start of Work, or date of
most recent scorecard, whichever is latest, and giving due consideration to improvements the Company has
made in its performance, or has failed to make. If the scorecard shows Company's performance is
Acceptable, then no further remedial action is required by Company as long as Company's performance
remains Acceptable. If the scorecard shows the Company's performance is Unacceptable, JEA will take
such actions as it deems appropriate including, but not limited to, terminating the Contract for breach,
suspending the Company from bidding on any JEA related solicitations, and other remedies available in the
JEA Purchasing Code and in law. Such action does not relieve the Company of its obligations under the
Contract, nor does it preclude an earlier termination.
23
In the event that the Contract Term or the remaining Term of the Contract does not allow for the
completion of the deficient performance notification cycles described above for those in danger of
receiving an Unacceptable Performance scorecard, JEA may choose to accelerate these cycles at its sole
discretion.
If the Company receives five or more letters of deficiency within any 12 month period, then JEA will
prepare a scorecard describing the deficiencies and the Company's performance will be scored as
Unacceptable.
Acceptable Performance
JEA expects the Company's performance to be at a minimum Acceptable.
Top Performance
Where the Company is able to demonstrate consistent Top Performance for a period of not less than six
months, JEA shall recognize the Company, by inducting the Company as a JEA Blue Ribbon Supplier. JEA
Blue Ribbon Suppliers are, to the extent reasonably possible and practical.., provided preferential
consideration when awarding emergency-related work that cannot be competitively publicly bid. JEA Blue
Ribbon Suppliers, may also be subject to consideration for a reduction in lower retain age and bonding
requirements after A ward, as determined by the Chief Purchasing Officer at the time of Award.
Disputes
In the event that the Company wants to dispute the results of its scorecard performance evaluation, the
Company must submit a letter to the Chief Purchasing Officer supplying supplemental infomuition that it
believes JEA failed to take into account when preparing the scorecard. Such letter, along with
supplemental information, must be submitted no later than 10 days following the Company's receipt of the
scorecard. li the Chief Purchasing Officer decides to change the scorecard, the Company will be notified
and a revised scorecard will be prepared, with a copy issued to the Company. lithe Chief Purchasing
Officer decides that no change is warranted, the decision of the Chief Purchasing Officer is fmal. If the
Company is to be suspended from consideration for future award of any contracts, the Company may
appeal to the Procurement Appeals Board as per JEA Purchasing Code.
There can be no expectation of confidentiality of performance-related data in that all performance-related
data is subject to disclosure pursuant to Florida Public Records Laws. All scorecards are the property of
JEA.
1.7.43. Video Records [JEA-C349] ***
Prior to any alterations to the Work Location, the Company shall video record the entire Work Location.
The Company shall provide original video recording to the Contract Administrator no later than 15 days
after the date of the Notice to Proceed. ^
When required by the technical specifications, the Company shall provide a monthly video record (on
DVD) of construction progress to the JEA Project Manager. If construction is being conducted in different
localities, then video shall be taken at each Work Location. The JEA Project Manager reserves the right to
select the views to be video recorded. DVD(s) shall be labeled with record of date taken, JEA's assigned
project tracking number, and a brief description oftimes and activity covered in the video.
The Company shall take the progress video(s) between the 20th and 25th day of each month and submit the
video(s) to the JEA Project Manager before the end of the 27th day of each month. If Company fails to
submit the video(s) to the JEA Project Manager before the 28th day of each month, JEA reserves the right
to have the video tape(s) taken by an independent Recording Company at the Company's expense.
In addition, the Company shall provide unedited video(s) with superimposed timer and vocal commentary
of the preconstruction and post construction conditions. Video(s) shall be DVD format and include both
sides of the right-of-way and record close attention to paved and unpaved driveways and walkways;
conditions of lawns, shrubs, flowers, flower beds, and trees; conditions of pavement, fences, signs, planters
24
\
r and any other item within the area of the Work or adjacent right-of-way. The video(s) shall become a part
of the Contract Administrator's and JEA Project Manager's permanent job records. The video(s) shall be
indexed using the timer for locations by stationing and by street intersections.
The video(s) shall include each waterway crossing. An upstream and downstream view of each bank at the
point of crossing shall be taken recording the inertial zone and/or mean high water level. Also, a view of
the line route shall be taken from each bank of the crossing and elsewhere as the JEA Project Manager may
direct. Construction shall not begin until video recordings are approved by the JEA Project Manager. The
video(s) shall depict wet conditions of the Work Location and surrounding areas whenever possible.
1.7.44. Weathe'r Protection [JEA-C350]
The Company shall provide proper facilities, take all necessary precautions and assume the entire cost for
protecting the Work against weather conditions and for handling all storm, flood and ground water, sewage,
or other seepage, that may be encountered during the performance of the Contract. The Company shall
provide for such contingencies and for carrying on the Work in freezing weather by methods that meet with
the approval of the JEA Engineer. If the Company fails to provide such protection, or in the event of an
emergency, JEA may provide such protection at the Company's expense.
1.7.45. Work Information [JEA-C351]
In the event the-Company requires additional information regarding the scope, technical specifications,
Work Locations, personnel requirements, or other information pertinent to the Wark or Contract, the
Company shall request such information or clarifications from the Contract Administrator in writing.
Within the bounds of JEA Representative's authority, JEA Representatives may provide requested
information to the Company.
1.7.46. Work Location Cleanliness [JEA-C352]
The Company shall, at all times, keep the Work Location free from an accumulation of waste materials or
rubbish caused by its operations. At the completion of the Work, the Company shall remove all waste
materials and any rubbish from and about the project, as well as any tools, construction equipment,
machinery and surplus materials. If the Company fails to clean up at the completion of the Work, JEA may
do so as provided elsewhere in the Contract and charge the cost thereof to the Company.
1. 7.47. Work Schedules [JEA-C353]
The Approved Schedule is established on the basis of working five days per week, single shift, eight hours
per day or four days per week,single shift, 10 hours per day. JEA may require the Compan)! to base its
schedule on an accelerated Work schedule or multiple shifts. The Company shall not schedufe work on
Holidays without obtaining prior written approval from JEA.
The Company shall, at no additional cost to JEA, increase or supplement its working force and equipment
and perform the Work on an Overtime or multiple shift basis when directed by JEA and upon notification
that the Company is behind schedule. The Company shaH submit a revised schedule in writing
demonstrating the Company's schedule recovery plans.
The Company understands and agrees that the rate of progress set forth in the Approved Schedule already
allows for ordinary delays incident to the Work. No extension of the Contract Time will be made for
ordinary delays, inclement weather, or accidents, and the occurrence of such events will not relieve the
Company from requirement of meeting the Approved Schedule.
25
1.7.48. Workmanship [JEA-C354}
The Company shall perform all Work in a safe and professional manner, so as to render a neat and uniform
appearance. The Company shall handle all material in such a way as to preserve its fmish and protective
coatings from damage. General arrangement shall be in accordance w'ith JEA Distribution Construction
Standards and shall be satisfactory to the Contract Administrator.
1.8. SECTION TITLE: JSEB CERTIFIED FIRMS [JEA-S15]
6.8.1, Optional Use of Jacksonville Small Emerging Business (JSEB) Qualified Firms [JEA-C469]
For the performance of the Work herein, the Compal1Y is not required, but is encouraged, to utilize the
services of JSEB qualified firms, as addressed by the City of Jacksonville's and JEA's JSEB program. If the
Company uses a JSEB qualified firm for the performance of any part of this Work, the Company shall
submit to JEA, with its Invoice, a listing of JSEB qualified fInns that have participated in the Work. Such
listing shall be made using the form "List of JSEB Subcontractors" available at JEA.com. All questions and
correspondence concerning the JSBB program should be addressed to: JSEB Coordinator, JEA, 21 W.
Church Street CC-6, Jacksonville, FL 32202.
1.9. SECTION TITLE: JEA FURNISHED ITEMS [JEA-SI6)
1.9.1. Conditions of Provisioning [JEA-C3S6]
The Company understands and agrees that it shall be solely responsible for providing everything necessary
to perform the Work and to be in full compliance with the Contract Documents, except for those items
specifically listed herein as being provided by JEA.
Any use of JEA furnished items on non-JEA work is a breach of the Contract and a violation of the law. All
JEA furnished items are the property of JEA when issued, stored by Company, and used in performance of
the Work. The Company agrees that it shall use all JEA furnished items in a manner consistent with
industry practice, codes, laws, considering the condition of the JEA furnished item, the skills of the
individuals using the JEA furnished item, and all environmental conditions. The Company understands and
agrees that where JEA and the Company shall share JEA furnished items, JEA usage shall always have
priority over Company usage, and the Contract Administrator shall have sole authority to resolve any usage
dispute and such resolution shall not result in any claim by Company.
The Company agrees to return to JEA, and to the location as established by a JEA Representative, any
unused or salvageable items prior to fmal payment. The Company agrees that JEA has the right to audit and
investigate the Company at any time how the Company is using JEA furnished items. JEA will bill the
Company for unaccountable JEA furnished material at the current JEA cost.
'"
1.9.2. Access to Work Locations [JEA-357]
JEA will provide, as indicated in the Contract Documents, and no later than the date when needed by the
Company, access to the Work Location, including rights-of-way or access thereto, and such other lands that
are designated for the Company's use. JEA will secure easements for permanent structures or permanent
changes in existing facilities, unless otherwise specified in the Contract Documents.
1.9.3. Contract Documents [JEA-3611
JEA will furnish a maximum ofthree complete sets of the Contract Documents, or portions requested
thereof, upon request by Company.
26
1.9.4. JEA POlicy, Standards and Procedure Manuals [JEA-370]
JEA will furnish one copy of JEA policy, standard and procedure manuals on an as needed basis upon the
Company's request to the Contract Administrator.
1.9.5. Permits [JEA-379] **""
JEA will obtain the following permits, approvals and licenses.
. City of Jackson ville and FDOT right-of..way permits
1.9.6. Test Boring Allowance [JEA-4S9]
JEA will provide funds as specified on .the bid sheet to reimburse Company at cost for hiring one or more
.. testing laboratory(ies) to perform all sampling, field testing and laboratory testing as specified herein, or as
directed by the JEA Engineer. All testing is to be performed under the the direct supervision of a registered
geotechnical engineer paid for with the allowance. The testing allowance is to be used for first tests only.
Any retesting due to failed first tests shall be at Company's expense. Company shall clearly mark on its
invoices costs associated with testing services identifying the cost to Company of the testing service.
Company agrees to invoice JEA for testing services at its cost with no markup.
1.10. SECTION TITLE: FREIGHT, SIDPPING & STORAGE [JEA-S17]
1.10.1. Damaged Materials or Equipment [JEA-CI43]
The Company shall report to the Contract Administrator any materials issued by JEA or delivered by the
JEA material supplier and received by the Company that are later found to be faulty, damaged or discrepant
in some manner. The Contract Administrator will obtain appropriate replacement materials upon written
notification from the Contract Administrator. The Company shall not, under any circumstances, make a
material replacement without written approval of the Contract Administrator.
The Company understands and agrees that damage to material and discrepancy of material is an expected
part ofperfonning the Work, and as such, the Company agrees it shall be solely responsible for any
additional costs incurred as a result of damaged or discrepant materials, including, but not limited to, the
costs to keep or get the Work on the Approved Schedule.
JEA will bill the Company for materials or equipment that are damaged while in the Company's custody. In
such a case, the Company shall be charged the current JEA cost plus an inventory handling fee.
't
1.10.2. Material Delivered to Company Sites [JEA-C145]
The Company shall be responsible for all unloading, handling and storage of Work-related materials at the
Work Location. Where the Company is to use a JEA-designated supplier to d!"Iiver materials to the Work
Location, JEA will provide the Company, upon request, with contact names and information, along with
required material lead-times. The Company is solely responsible for taking into account required material
lead-times when planning its performance of the Work, and for communication and coordination of
materials delivered to the Work Location by JEA suppliers. Where beneficial to JEA, the Company shall
order quantities by truckload, unless otherwise permitted by the Contract Administrator. The Company
shall be responsible for any additional delivery costs charged by the JEA material supplier for any
Company delays.
If, for any reason, the Company is unable to receive, unload, handle or store materials it has ordered or
caused to be ordered, the Company shall be responsible for any and all additional costs incurred by JEA for
unloading, handling, storing, or additional shipping costs. In such cases where JEA is receiving items when
the Company is unable to, such receipt does not indicate JEA's Acceptance of items.
27
1.10.3. Salvage and Excess Materials and Equipment [JEA-CI48]
The Company shall protect salvaged or salvageable equipment and material from loss and damage. The
Company shall protect excess materials and equipment provided by JEA to the Company for use in the
Work from loss and damage. The Company shall inventory, sort.and return salvage and excess materials,
and shall weigh conductors. The Company shall return salvage and excess materials and equipment to the
appropriate JEA Service Center accompanied by the Contractor Material Returns Form, in accordance witb
the .TEA Inspector and the instructions and authorization of the JEA Storeroom Foreman.
1.10.4. Shipping to and Storage at Work Location [JEA-CIS2]
Shipping
Materials and equipment to be installed by the Company shall be delivered by the Company to the Work
Location or such other place as may be designated by the Contract Administrator. Insofar as transportation
conditions will allow, items shall be shipped complete and ready for installation.
Where applicable, the Company shall be responsible for obtaining any permits required for transportation
to the Work Location. The Company shall provide an Advance Ship Notice to the Contract Administrator
or designated Work Location manager.
Storage
Under arrangement with the .TEA Engineer, and upon his approval, a limited amount of temporary indoor
storage space may be made available, but only for the equipment that must be protected from the weather.
Equipment for which arrangements have been made for indoor storage, shall be packed separately and the
container clearly marked "For Indoor Storage." For equipment that will be stored indoors and that will
require special storage precautions, the storage instructions shall be shown on the outside of each container,
or in a durable envelope identified as containing storage instructions and attached to the container.
1.10.5. Storage of Equipment [JEA-C153]
The Company shall be responsible for all storage of materials, equipment, vehicles, tools, and all other
items associated with the Work. Such storage shall comply with applicable regulations appropriate for the
items being stored to ensure suitable care for items and protection from theft, vandalism, or inappropriate
use. The Company is solely responsible for the costs for such storage, unless otherwise indicated in the
Contract Documents, and any costs associated with noncompliant storage including, but not limited to, loss
and damage to items. In the event that JEA directs the Company to stop the Work, costs associated with
storing equipment or materials will be compensated in accordance with the provisions stated herein in
"Change in the Work" JEA-I64. The Company shall ensure that JEA Representatives have ~ccess to
Work-related storage on an as needed basis during regular work hours and Overtime. .-
1.1 0.6. Title and Risk of Loss [JEA-CIS4]
JEA will retain the title to equipment and materials removed from lEA sites for repairs, service or
duplication.
Ownership, risks of damage to or loss of the Work shall pass to JEA upon Acceptance. The Company shall
assume all risk of loss or damage to the Work while items are in transit and/or in the Company's custody
until such time that JEA issues written notice of Acceptance.
JEA's receipt or delivery of any equipment or other materials will not constitute JEA's Acceptance of the
Work and will not constitute a waiver by JEA of any right, claim or remedy. In the event of loss or damage
to the Work, the Company shall bear all costs associated with any loss or damage until Acceptance by JEA.
28
~ 1.11. SECTION TITLE: INDEMNIFICATION AND INSURANCE REQUlREMENTS
1.11.1. Indemnification
Company shall hold harmless, indemnify, and defend JEA against any claim, action, loss, damage, injury,
liability, cost and expense of whatsoever kind or nature (including, but not by way of limitation, reasonable
attorney's fees and court costs) arising out of injury (whether mental or corporeal) to persons, including
death, or damage to property, arising out of or incidental to the negligence, recklessness or intentional
wrongful misconduct of the Company and any person or entity used by Company in the performance of this
Contract or Work performed thereunder. For purposes of this Indemnification, the term "JEAn shall mean
JEA as a body politic and corporate and shall include its governing board, officers, employees, agents,
successors and assigns. This indemnification shall survive the term of a Contract entered into pursuant to
this solicitation, for events that occurred during the Contract tenn. 'This indemnification shall be separate
and apart from, and in addition to, any other indemnification provisions set forth elsewhere in this Contract.
1.11.2. Insurance Requirements
Before starting and until acceptance of the Work by JEA, and without further limiting its liability under the
Contract, Company shall procure and maintain at its sole expense, insurance of the types and in the
minimum amounts stated below:
Schedule Amount
Workers' Compensation
Florida Statutory coverage Statutory Limits (Workers' Compensation)
and Employer's Liability $500,000 each accident (Employer's Liability)
Commercial General Liability
Premises-Operations $1,000,000 each occurrence
Products-Completed Operations $2,000,000 annual aggregate for bodily injury
Contractual Liability and property damage, combined single limit
Independent Contractors
Broad Form Property Damage
Explosion, Collapse and Underground
Hazards (XCU Coverage) as appropriate
Automobile Liability
All autos-owned, hired, $1,000,000 each occurrence, combined single
or non-owned limit
t'
I'
Excess or Umbrella Liability
$2,000,000 each occurrence and annual
aggregate
Company's Commercial General Liability and Excess or Umbrella Liability policies shall be effective for
two years after Work is complete. The above Indemnification provision is separate and is not limited by
the type of insurance or insurance amounts stated above.
Company shall specify JEA as additional insured for all coverage except Workers' Compensation and
Employer's Liability. Such insurance shall be primary to any and all other insurance or self-insurance
maintained hy JEA. Company shall include a Waiver of Subrogation on aU required insurance in favor of
JEA, its governing board, officers, employees, agents, successors and assigns.
29
Such insurance shall be written by a company or companies licensed to do business in the State of Florida
and satisfactory to JEA. Prior to commencing any Work under this Contract, certificates evidencing the
maintenance of the insurance shall be furnished to JEA for approval.
Company's and its subcontractors' certificates of insurance shall be mailed to JEA (Attn. Procurement
Services), Customer Care Center, 6th Floor, 21 West Church Street, Jacksonville, FL 32202-3139.
The insurance certificates shall provide that no material alteration or cancellation, including expiration and
non-renewal, shall be effective until 30 days after receipt of written notice by JEA.
Any subcontractors of Company shall procure and maintain the insurance required of Company hereunder
during the life of the subcontracts. Subcontractors' insurance may be either by separate coverage or by
endorsement under insurance provided by Company. 'Company shall submit subcontractors' Certificates of
Insurance to lEA prior to allowing subcontractors to perform Work on JEA's job sites.
1.12. SECTION TITLE: CHANGES TO WORK [JEA-519]
1.12.1. Change in the Work [JEA-C164]
To request or claim any change in the Work including, but not limited to change in scope, quantities,
pricing, or schedules, the Company shall submit a letter to the Contract Administrator stating such request
or claim. JEA shall have the right to approve or disapprove any request or claim for change as it deems
necessary and in its best interests consistent with the other Contract requirements. Whether requested by
the Company, claimed by the Company, or contemplated by JEA, no change shall be authorized unless
made on a JEA Change Order signed by the Contract Administrator or through a formal written amendment
to this Contract.
In the event of an emergency endangering life or property where it is appropriate for the Company to take
action, the Company shall undertake such actions to preserve life and property. JEA and the Company will
determine after emergency is concluded, the extent of out-of-scope work performed by Company, and the
Contract Administrator will issue a Change Order or amend the Contract for such work, if any and as
necessary .
All requests for changes filed by the Company shall be in writing delivered to the Contract Administrator
within 10 working days of when the event that prompted the claim was discovered or should have been
discovered. Upon receipt of the Company's claim notification, Contract Administrator will provide written
direction as to the procedures that will be used to address the request. The Compa!1Y's request shall be
sufficiently detailed including itemized costs, condition and work descriptions and other information
necessary to evaluate the merits of the claim. The Contract Administrator may reject requests providing
insufficient supporting infonnation. Any change in the Contract resulting from the request will be
incorporated into the Contract via a Change Order or Purchase Order. Where JEA and the Company are
unable to reach a mutually acceptable resolution ofrequest, JEA's detennination will be fmal.
Where necessary, JEA will determine the value of work covered by a Change Order using one of the
following methods:
a. Where the work is covered by established Unit Prices contained in the Contract, the Unit Price will be
applied to the quantity of work,
b. By mutual acceptance ofIump sum price,
c. By actual cost and a mutually acceptable fixed amount for overhead and profit, or
Where Bid Price was based on estimates quantities, prior to making fmal payment, JEA will determine
actual quantities using sampling, surveying and other industry recognized means and prepare a Change
Order adjusting the price to reflect actual volumes,
30
, The Company shall irrunediately notify the Contract Administrator in writing of any unauthorized change
in the scope of the Work or significant change in the quantities of the Work that may increase the Contract
Price, require an extension of Work schedule, or negatively impact permitting or other regulatory
requirements.
The Work schedule may be changed only by a Change Order or Purchase Order. The Company's request or
claim for a Work schedule adjustment shall be in writing delivered to the Contract Administrator within
five working days following the discovery of the event that prompted the claim or when the event should
have been discovered. Where accepted by JEA, changes to Work schedule will only adjust for critical path
impacts. Failure to include the necessary critical path analysis with request shall be grounds for rejecting
the claim. The path of critical events mentioned herein means the series of interdependent Work events that
must be sequentially performed and that require a longer total time to perform than any other such series.
Upon receipt of the Company's request for a change in the Work schedule, the Contract Administrator will
provide any additional directipns in writing detailing the procedures that will be used to resolve the request,
including provision oftime impact or manpower and equipment loading schedules. Where JEA and the
Company are unable to reach a mutually acceptable resolution of request, JEA will make a commercially
reasonable determination, made in accordance with JEA's Purchasing Code, which shall be final.
All Work defined on Change Orders shall be subject to the conditions of the Contract, unless specifically
noted on the Change Order.
1.12.2. Company Review of Project Requirements [JEA-CI65]
The Company shall review the Work requirements and specifications prior to commencing Work. The
Company shall immediately notify the Contract Administrator in writing of any conflict with applicable
law, or any error, inconsistency or omission it may discover. JEA will promptly review the alleged
conflicts, errors, inconsistencies or omissions, and issue a Change Order or Purchase Order as appropriate
if JEA is in agreement with the alleged conflict, and issue revised specifications. Any Work the Co~pany
performs prior to receipt of approved Change Order will be at the Company's sole risk.
1.12.3. No Damage for Delay [JEA-C160]
Damage, loss, expense or delay incurred or experienced by the Company in the prosecution of the Work by
reason of unforeseen circumstances, unanticipated difficulties and obstructions, bad weather, or other
mischances that are generally considered to be a part of the usual hazards associated with Work, shall be
borne entirely by the Company and shall not be the subject of any claim for additional compensation or
change in Approved Schedule.
The Company agrees that its sole remedy for any claims, damages or losses related to any delay, disruption
or hindrance alleged to be caused by JEA or any of JEA's agents or other contractors, shall be",an extension
of the Contract completion date.
Any demand for equitable adjustment must be served in writing to JEA within five days of the event giving
rise to any delay, disruption or hindrance. Any request for an equitable adjustment shall be accompanied by
a logical time impact analysis, demonstrating the nature and magnitude of the event to the critical path.
Failure to strictly comply with these requirements shall be deemed a waiver of any right to seek equitable
adjustment.
In the event the "no damage for delay" clause is inapplicable, there shall be no recovery for home office
overhead and any damages claimed shall be proven by discreet accounting of direct project costs and no
theoretical formula or industry estimating reference manuals shall be permissible.
31
1.12.4. Notification of Surety [JEA-C167]
Tbe Company shall notify its surety of any changes affecting the general scope of the Work or altering the
Contract Price. The amount of the applicable bonds shall be adjusted accordingly and the Company shall
furnish proof of such adjustment to JEA within 10 days of date of Purchase Order.
1.12.5. Supplemental Work Authorizations (SWA) [JEA~538)
The JEA Representative will issue a written SW A to incorporate cost or sohedule changes into the
Contract. Issuance of an SW A is solely at the discretion of the JEA Representative. The SW A shall be used
for increases or decreases in the Contract price, within the SW A amount set forth in the Bid, or to make
changes in schedule forperfonnance of the Work. An SWA shall authorize the Company to perform
changes in the Work. The Company shall not start on SWA work until the Company receives a fully
authorized, written SW A form, signed by the appropriate JEA personnel- the Company shall not consider
verbal statements as authorization to proceed with the changes. The Company should not expect that any
SW As will be issued. JEA shall have no obligation to pay for SW A work unless the same is performed
pursuant to a written SWA fonn signed before the SWA work is commenced.
Agreed Upon Lump Sum Method
The Company and the JEA Representative shall mutually agree to the pricing of an SW A. Any negotiated
increase or decrease in the Contract Price shall be based on the Company's costs for labor, materials and
supplies directly applicable to the increase or decrease plus 10% thereof for Company's supervision,
overhead, bonds and profit. For any negotiated increase or decrease, the Company will provide a complete
detailed breakdown for all labor, material, and equipment, etc. associated with the change. A lump sum
figure submitted with no breakdown will be returned to the Company without review.
Cost Reimbursable (Time and Materials) Method
Whenever the Company and the JEA are unable to agree on costs for an increase in the Work, JEA or iliA
Representative shall order the Company to proceed with the Work on a cost reimbursable (time and
material) basis. JEA will pay the Company for the SW A work in the manner hereinafter described, and the
compensation thus provided shall constitute full payment for said work. JEA shall issue the SWA for the
Company to perform the specific work with payment determined as follows:
For materials purchased by the Company and used in the work, the Company shall be paid the actual cost
of such materials, including sales taxes if required, and freight and delivery charges as shown by original
receipted bills. A mark-up amount equal to 10% of the sum thereofshaU be added to this cost. JEA reserves
the right to select and approve, or to reject the materials to be used and the sources of supply of any
materials furnished by the Company.
The Company will be paid the cost of wages for all labor that is engaged in the Work, plus the actual cost
chargeable to the Work for workers' compensation insurance, social security taxes, unemplo:YJ!lent
compensation insurance and such additional amounts as are paid by the Company. A total mark-up shall be
added equal to 10% of wages and other cost listed above. In evidence of the costs of labor the Company
shall provide a certified statement of wages actually paid, together with copies of supporting payrolls.
Wage rates used in detennining the amount of the payment will be the actual wage rates paid by the
Company for Work under this Contract, except that no rate used shall exceed the rate of comparable labor
currently employed on the project.
Payment for the services offoremen in direct charge of the specific operation will be made. Payment for
the service of superintendents, timekeepers or other overhead personnel will not be made nor will payment
for the services of watchmen be made unless required specifically by the SWA Work. The actual function
performed by an employee rather than its payroll title wiil be the criterion used in determining the
eligibility of an employee's services for payment under this provision.
The types and amounts of equipment and machine!)' used by the Company in carrying out its work under
the SW A shall be made in keeping with normal practice for work of similar nature. JEA may, at its
32
, discretion, limit by specific instruction the types and amounts of equipment and machinery to be used. For
all equipment and machinery used in the SWA work, JEA will pay 80% of the rental value as set forth in
the Blue Book value or actual cost, whichever is l~s, to which no mark-up percentages will be added.
In computing the hourly rental of such equipment, less than 30 minutes shall be considered 1/2 hour except
when the minimum rental time to be paid is one hour. Rental time will not be allowed while equipment is
inoperative due to breakdowns. The rental time of equipment to be paid for shall be the time the equipment
is in operation ontbe SW A work being performed. The Company shall be reimbursed for the time required
to move the equipment to the Work, and return it to its original location, only if the Company is charged
this cost by the renting agency.
No payment wi1J be allowed for the use of small tools and minor items of equipment, which, as used herein,
are defined as individual to,oIs or pieces of equipment having a replacement value of $500.00 or less.
The Company and JEA Representative shall compare records of the Work perfonned on a Cost
Reimbursable basis at the end of each day. These records shall be prepared by the Company and shall be
signed by both JEA and the Company Representative. A copy of these records shall be submitted to JEA
with the invoice for the work.
Payment for cost reimbursable SW A work will be included in monthly progress payments.
'The Company's Subcontractors will be allowed a 10% mark-up on Work performed by their own forces.
The Company will be allowed a 5% mark-up on the Subcontractor's costs (Le. labor and materials) only, no
mark-up on the Subcontractor's profit.
Force Account Procedures
JEA may, at its sole discretion, implement force account procedures in order to limit the costs for
performance of SW A work. For force account work, JEA will utilize the cost reimbursable method
described herein, in addition to the following terms.
When approved in advance in writing by the Contract Administrator, the Company may include towing or
transporting costs when the equipment is moved by means other than its own power. No payment will be
made for moving time, towing or transporting the equipment if the equipment is used at the Work Location
to perform Work that is not part of the force account work.
JEA will pay the Company the actual costs, with no percentages added for additional premiums on the
Payment and Performance Bonds resulting from the inclusion of force account work and for additional
premiums paid on public liability and property damage insurance resulting from extra hazard inherent in
the force account work beyond the hazard normally encountered in Work upon the Company presentation
of evidence from its bonding and insurance carriers. "t
The provisions above cover payment for the cost of additional premiums paid on workers' compensation
insurance by reason of extra hazard introduced into the Company's operations by the force account work,
except that any claims the Company makes for additional cost of a higher insurance rate to any portion of
the payroll beyond that chargeable to the force account work must be substantiated by evidence from the
Company's insurance carrier.
The Company shall provide a certified statement of wages paid and supporting payrolls, and copies of
equipment rental charges and bills for materials as evidence of the costs of labor, equipment and materials
for which payment is to be made under the force account order. The Company shall provide all such
documentation to support its claims and agrees that JEA shall have the right to audit the Company's
fmancial and operating documents to ensure compliance with this requirement. All work performed under
the force account procedure shall be provided and executed in a commercially sound manner using
competitive bidding or negotiations, and other cost management procedures to ensure all amounts charged
to JEA minimize the JEA costs for such work.
33
1.12.6. Suspension of Work [JEA-C477]
JEA may suspend the performance of the Work rendered by providing the Company with five days written
notice of such suspension. Schedules and compensation for performance of the Work shall be amended by
mutual agreement to reflect such suspension. In the event of suspension of Work, the Company shal1
resume the full performance ofthe Work when JEA gives written direction to do so. Suspension of Work
caused by the Company's sole negligence or failure to perform shall not affect the Company's
compensation as outlined in the Contract Documents.
1.12.7. Unauthorized Work [JEA-C168]
JEA will consider any Work done without lines and grades given, Work done beyond the lines and grades
shown on the Contract or as given, or any extra Work done without written authority, as unauthorized
Work and will not pay the Company for sucb Work. If so ordered by the Contract Administrator, the
Company shall remove such Work and properly replace it at the Company's own expense.
1.13. SECTION TITLE: LABOR [JEA-S20]
1.13.1. Company's Labor Relations [JEA-C169]
The Company ~hal1 negotiate and resolve any disputes between the Company and its employees, or anyone
representing its employees. The Company shall immediately notify JEA of any actual or potential labor
dispute that may affect the Work and shall inform JEA of all actions it is taking to resolve the dispute.
1.13.2. Minimum Qualifications of Company Personnel [JEA-C170]
All Company personnel shall be at a minimum qualified for the tasks they are assigned. All Company
personnel shall be able to read, write, speak and understand English. All Company personnel shall act in a
professional manner, with due sensitivity to other persons at the Work Location. If JEA, at its sole
discretion, determines that a Company person is unqualified, unfit, or otherwise unsuitable for the tasks
assigned, the Company shall immediately stop the person from performing the tasks, and replace the person -
with a qualified individuaL The Company shall pay all costs associated with replacing the unqualified
person including, but not limited to, termination, recruiting, training, and certification costs.
The Company personnel assigned supervisory roles, and those with increased authority shall be held to
strict scrutiny of their qualifications and suitability for their positions. In addition to the other provisions of
this clause, the Company shall provide written documentation as to experience, education, licenses,
certifications, professional affiliations, and other qualifications of the individual, within one day of request
from the Contract Administrator. Any changes to such personnel after approval shall require-;the written
permission ofthe Contract Administrator.
1.13.3. Nondiscrimination [JEA-Cl71]
The Company represents that it has adopted arid will maintain a policy of nondiscrimination against
employees or applicants for employment on account ofrace, religion, sex, color, national origin, age or
handicap, in all areas of employee relations, throughout the Term of this Contract. The Company agrees
that on written request, it will allow JEA reasonable access to the Company's records of employment,
employment advertisement, application forms and other pertinent data and records for the purpose of
investigation to ascertain compliance with the nondiscrimination provisions of this Contract; provided
however, the Company snaIl not be required to produce, for inspection, records covering periods of time
more than one year from the effective date of this Contract.
The Company shall comply with the following executive orders, acts, and all rules and regulations
implementing said orders or acts, which are by this reference incorporated herein as if set out in their
34
..: entirety:
the provisions of Presidential Order 11246, as amended, and the portions of Executive Orders 11701 and
11758 as applicable to Equal Employment Opportunity;
the provisions of section 503 of the Rehabilitation Act of 1973, as amended, and the Americans with
Disabilities Act (ADA);
and the provisions of the Employment and Training of Veterans Act, 38 D.S.C. 4212 (formerly 2012).
The Company agrees that if any of the Work of this Contract will be performed by a Subcontractor, then
the provisions of this subsection shall be incorporated into and become a part of the subcontract.
1.13.4. Payment of Overtime [JEA-Cl72]
Intentionally left blank.
1.13.5. Scheduling of Overtime [JEA-CI73]
Intentionally left blank.
1.13.6. Show-Up Pay [JEA-C174]
In the event that inclement weather prevents the Company from performing Work, the Company may be
obligated to pay its crew a show-up pay. The Company shan be solely responsible for providing this pay.
1.14. SECTION TITLE: RIGHTS & REMEDIES [JEA-S21]
1.14.1. Intellectual Property [JEA-C175]
The Company grants to JEA an irrevocable, perpetual, royalty free and fully paid-up right to use (and such
right includes, without limitation, a right to copy, modify and create derivative works from the subject
matter of the grant of the right to sublicense all, or any portion of, the foregoing rights to an affiliate or a
third party service provider) the Company's intellectual property (including, without limitation, all trade
secrets, patents, copyright and know-how) that is contained or embedded in, required for the use of, that
was used in the production of or is required for the reproduction, modification, maintenance, servicing,
improvement or continued operation of any applicable unit of Work.
If the Work contains, has embedded in, requires for the use of any third party intellectual property, or if the
third party intellectual property is required for the reproduction, modification, maintenance, ~rvicing,
improvement or continued operation of the Work, the Company shall secure for JEA an irrevocable,
perpetual, royalty free and fully paid-up right to use an third party intellectual property. The Company shall
secure such right at its expense and prior to incorporating any third party intellectual property (including,
without limitation, all trade secrets, patents, copyright and know-how) into any Work, including, without
limitation, all drawings or data provided under the Contract, and such right must include, without
limitation, a right to copy, modify and create derivative works from the subject matter of the grant of the
right and a right to sublicense all or any portion of the foregoing rights to an affiliate or a third party service
provider.
Should JEA, or any third party obtaining such work product through JEA, use the Work or any part thereof
for any purpose other than that which is specified herein, it shall be at JEA' s sole risk.
The Company will, at its expense, defend all claims, actions or proceedings against JEA based on any
allegation that the Work, or any part of the Work, constitutes an infringement of any patent or any other
intellectual property right, and will pay to JEA all costs, damages, charges, and expenses occasioned to
35
JEA by reason thereof. JEA will give the Company written notice of any such claim, action or proceeding
and, at the request and expense of the Company, JEA will provide the Company with available infonnation,
assistance and authority for the defense.
If, in any action or proceeding, the Work. or any part thereof. is held to constitute an infringement, the
Company will forthwith either secure for JEA the right to continue using the Work or will, at the
Company's expense, replace the infringing items with non-infringing Work or make modifications as
necessary so that the Work no longer infringes.
The Company will obtain and pay for all patent and other intellectual property royalties and license fees
required in respect of the Work.
1.14.2. Offsets [JEA-C176]
In case the Company is in violation of any requirement of the Contract, JEA may withhold payments that
may be due the Company, and may offset existing balances with any JEA incurred costs against funds due
the Company under this and any other Company Contract with JEA, as a result of the violation, or other
damages as allowed by the Contract Documents and applicable law.
1.14.3. Proprietary Information [JEA-C178]
The Company shall not copy, reproduce, or disclose to third parties, except in connection with the Work,
any information that JEA furnishes to the Company. The Company shall insert in any subcontract a
restriction on the use of all information furnished by JEA. The Company shall not use this infonnation on
another project. All information furnished by JEA will be returned to JEA upon completion of the Work.
1.14.4. Removal of Work [JEA-C179]
The Company shall not sell, assign, mortgage, hypothecate or remove Work that has been delivered to or
installed at the Work Location.
1.14.5. Right to Audit and Financial Reporting lJEA-C327]
Upon JEA's requests, the Company agrees to allow JEA to audit its fmancial and operating records for the
purpose of determining Invoice accuracy, or otherwise assessing compliance with the Contract Documents.
The Company agrees to let JEA personnel, or their qualified representative access the records at Company's
office, with three days written notice, for a reasonable period, not less than five days, in a workspace
suitable for the audit provided by Company. All audit work will be done on Company premises, and no
Company documentation will be removed from Company offices. The Company agrees to hf},ve
knowledgeable personnel available to answer questions for the auditors during the time they are at the
Company's offices and for a period of two weeks thereafter. The Company shall provide to JEA audited
fmancial statements for the most recent fiscal year upon JEA's request, not later than five days after receipt
of written request.
1.14.6. Title to Materials Found [JEA-C181]
JEA shall retain the title to water, mineral matter, timber and any other materials that the Company, or its
Subcontractors, encounter during the excavation or other operations of the Work. The Company shall use
or dispose of this material in accordance with the Contract or written instructions from the Contract
Administrator. Any materials found in the excavation, or other operations of the Company, that aTe of
archaeological or historical value shall be left in place. The Company shall immediately notify JEA ofthe
fmd and shall take no further action until directed by JEA.
36
I 1.15. SECTION TITLE: REPRESENT A TIONS & WARRANTIES [JEA-522]
1.15.1. Company's Knowledge of the Work [JEA-CI83]
The Company represents that the Contract Price and the detailed schedule for the execution of the Work are
based on its owl). knowledge and judgment of the conditions and hazards involved, and not upon any
representation of JEA. JEA assumes no responsibility for any understanding or representation made by any
of its representatives during or prior to execution of the Contract unless such understandings or
representations are expressly stated in the Contract and the Contract expressly provides that JEA assumes
the responsibility.
1.15.2. Company's Plans and Specifications .[JEA-C184l
All plans and specifications that the Company provides for any building, structure, system or equipment
where required by federal, state, local laws and regulation as part of the Work shall bear the seal of a
professional engineer duly registered in the State of Florida at no cost to JEA.
1.15.3. Company's Warranties [JEA-CI85] ...
The Company unconditionally warrants to JEA for a period of not less than 2 years from the earlier of
Acceptance or Substantial Completion and beginning ofnonnal use by JEA. whichever is earlier, that all
Work furnished under the Contract including, but not limited to, materials, equipment, workmanship, and
intellectual property, including derivative works will be:
performed in a safe, professional and workman like manner;
free from Defects in design, material, and workmanship;
fit for the use and purpose specified or referred to in the Contract;
suitable for any other use or purpose as represented in writing by the Company;
in conformance with the Contract Documents; and
merchantable, new and of first-class quality.
The Company warrants that the Work shall conform to all applicable standards and regulations
promulgated by federal, state, local laws and regulations, standards boards, organizations of the Department
of State, and adopted industr;y association standards. If the Work fails to conform to such laws, rules,
standards and regulations, JEA may return the Work for correction or replacement at the Company's
expense, or return the Work at the Company's expense and cancel the Contract. If the Company performs
services that fail to conform to such standards and regulations the Company shall make the necessary
corrections at Company's expense. JEA may correct services to comply with standards and regulations at
the Company's expense if the Company fails to make the appropriate corrections within a re~onable time.
If Work includes items covered under a manufacturers or Subcontractor's warranty that exceeds the
requirements stated herein, Company shall transfer such warranty to JEA. Such warranties, do not in
anyway limit the warranty provided by the Company to JEA.
If, within the warranty period, JEA determines that any of the supplies are defective or exhibit signs of
deterioration, in the opinion of JEA, the Company, at its own expense, shall repair, adjust, or replace the
defective Work to the complete satisfaction of JEA. The Company shall pay all costs of removal,
transportation, reinstallation, repair, and all other associated costs incurred in connection with correcting
such Defects in the Work. The Company shall correct any Defects only at times designated by JEA. The
Company shall extend the warranty period an additional 12 months (36 months total) for any portion of the
Work that has undergone warranty repair or replacement.
When operational conditions warrant, JEA may repair or replace any defective equipment at the Company's
expense. JEA may repair or replace any defective Work at the Company's expense when the Company fails
37
to correct the Defect within a reasonable time of receiving written notification of the Defect by JEA, when
the Company is unable to respond in an emergency situation, or when necessary to prevent JEA from
substantial fmancial loss. Where JEA makes repairs or replaces defective Work, JEA will issue the
Company a written accounting and invoice of all such work to correct Defects. The Company's liability to
JEA for the costs of removal, transportation, reinstallation, and all other associated costs incurred in
connection with correcting Defects in the Work will be limited to 1.5 times the original installed purchase
price of the specific Work.
Where spare parts may be needed, Company warrants that spare parts will be available to JEA for purchase
for at least 7 5 p~rcent of the stated useful life of the product.
The Company's warranty excludes remedy for damage or Defect caused by abuse, improper or insufficient
maintenance, improper operation, or wear and tear under normal usage.
Where JEA intends to perform a warranty inspection, JEA wiD notify the Company and the Company
Representative shall attend the inspection.
1.15.4. Competent Performance of the Work [JEA-C186]
The Company represents that it will conduct the Work in a manner and with sufficient labor, materials and
equipment necessary to affect a diligent pursuance ofthe Work through Final Completion. If, in the sole
opinion of JEA, the Company fails to perform the Work as represented, JEA may, at its sole discretion,
take charge of the Work and furnish and provide the labor, materials, and equipment necessary to complete
the Work as planned within the required time if JEA deems the organization of the Company or its
management, or the manner in which Company is performing the Work, to be manifestly incompetent or
inadequate to complete the Work as specified. The Company shall pay JEA for the cost of all such Work
completed by JEA.
1.15.5. Encroachment on Outside Property [JEA-C187]
The Company warrants that it shall not encroach on any rights or property of the public or adjoining
property owners and shall hold JEA harmless because of any encroachments that may result from the
Company's lack of proper layout. If such an encroachment occurs, the Company agrees to remove any
Work or portion thereof, that encroaches on the property of others, or that is built beyond legal building or
setback limits, and shall rebuild the affected Work, or portion thereof, at the proper location, all without
extra cost to JEA.
1.15.6. Free and Clear Title [JEA-CI88]
The Company warrants that it has title to all equipment and materials furnished under the Cd1'1tract where
title will pass to JEA, and that the equipment and materials passed to JEA are free and clear of all liens,
claims, security interests and encumbrances.
1.15.7. Performance of the Work [JEA-C189]
The Company represents and warrants that it has the full corporate right, power and authority to enter into
the Contract and to perform the acts required of it hereunder, and that the performance of its obligations
and duties hereunder does not and will not violate any Contract to which the Company is a party or by
which it is otherwise bound. The Company warrants that all items provided under the Contract shall be free
from Defect and services shall be performed in a professional manner and with professional diligence and
skill, consistent with the prevailing standards of the industry. The Company warrants that the Work will
meet the functional and performance requirements defIned in the Contract.
38
, 1.15.8. Safety Representation [JEA-CI90]
.'
The Company represents and warrants to JEA that it has the capacity to train and supervise its employees,
Subcontractors and suppliers to ensure the Work complies with all safety requirements of the Contract
Documents. The Company shall be responsible for executing the necessary safety training and supervision
of its employees and Subcontractors, and acknowledges that JEA is not responsible for training or
supervising the Company's employees, except when noted for the purpose of enforcing compliance with
these safety requirements.
1.16. SECTION TITLE: TERM & TERMINATION [JEA-523]
1.16.1. Term of Contract - (Defined Dates) [JEA-CI93] ***
The initial term ofthis Contract will be three (3) years from the Effective Date of the Contract (the "Initial
Term").
JEA may, at its sole discretion, offer renewal options, subject to availability of lawfully appropriated funds.
Each renewal option is for a one (1) year period (each, a "Renewal Term", together with the Initial Term,
the "Term") and may be exercised up to two (2) times. If Company desires to renew the Contract,
Company must provided JEA with written notice sixty (60) days prior to expiration of the Contract
JEA's decision to renew will be based on the performance of the Company and currentmarket conditions at
that time. Prices will remain firm for the initial term. At the end of the initial term and each renewal terms,
if any, JEA will evaluate prices as well as other performance measures. Price changes will be negotiated on
changes such as market conditions, value-added services provided, meeting of goals and/or changes to
applicable price indices. JEA in general expects to see a decline in prices on renewals as renewal periods
incur no startup costs, the Company is already familiar with the Work, and the Company has had the
opportunity to engage in process and performance improvement actions related to the Contract.
1.16.2. Termination for Convenience [JEA-C194]
JEA shall have the absolute right to terminate in whole or part the Contract, with or without cause, at any
time after A ward upon written notification of such termination.
In the event of termination for convenience, JEA will pay the Company for all disbursements and expenses
that the Company has incurred, or those for which it becomes obligated prior to receiving JEA's notice of
termination. JEA will also pay the Company costs incurred less the reasonable resale value, of materials or
equipment that the Company has already ordered, obtained or fabricated in connection with the Contract.
Upon receipt of such notice of termination, the Company shall stop the performance of the Work hereunder
except as may be necessary to carry out such termination and take any other action toward termination of
the Work that JEA may reasonably request, including all reasonable efforts to provide for a prompt and
efficient transition as directed by JEA.
JEA will have no liability to the Company for any cause whatsoever arising out of, or in connection with,
termination including, but not limited to, lost profits, lost opportunities, resulting change in business
condition, except as expressly stated within these Contract Documents.
1.16.3. Termination for Default (Bond) [JEA-CI95] ***
JEA may give the Company written notice to discontinue all Work under the Contract in the event that:
- The Company assigns or subcontracts the Work without prior written permission;
- Any petition is filed or any proceeding is commenced by or against the Company for relief under any
39
bankruptcy or insolvency laws;
- A receiver is appointed for the Company's properties or the Company commits any act of insolvency
(however evidenced);
- The Company makes an assignment for the benefit of creditors;
- The Company suspends the operation of a substantial portion of its business;
- The Company suspends the whole or any part of the Work to the extent that it impacts the Company's
ability to meet the Work schedule, or the Company abandons the whole or any part of the Work;
- The Company, at any time, violates any of the conditions or provisions of the Contract Documents, or the
Company fails to perform as specified in the Contract Documents, or the Company is not complying with
the Contract Documents.
- The Company attempts to willfully impose upon JEA items or workmanship that are, in JEA's sole
opinion, defective or of unacceptable quality.
- The Company breaches any of the representations or warranties
- The Company is determined, in JEA's sole opinion, to have misrepresented the utilization of funds or
misappropriate property belonging to JEA.
- Any material change in the fmancial or business condition of the Company.
If, within 24 hours after service of such notice upon the Company, an arrangement satisfactory to JEA has
not been made by the Company for continuance of the Work, the JEA may terminate the Contract.
Once a Company is declared in default, the surety shall assume the Company's place in all respects and
shall be paid by .TEA all monies, if any, due the Company at the time of such notice to discontinue, or any
monies thereafter that may become due the Company in accordance with the terms of the Contract.
If the Company fails to make arrangements satisfactory to JEA within 3 months after service to the
Company of a notice to discontinue Work, and in the case where a Payment and Performance Bond is in
effect, the surety has not exercised its option, then without further notice to the Company or the surety, JEA
may terminate the Contract and shall have the power to complete the Work herein described as it may
determine. In such a case, JEA shall have the right to take possession of and use any of the materials, plant,
tools, equipment, supplies and property of any kind provided by the Company for the purpose ofthis Work.
JEA will charge the expense of completing the Work to the Company and will deduct such expenses from
monies due, or which at any time thereafter may become due, to the Company. If such expenses are more
than the sum that would otherwise have been payable under the Contract, then the Company shall pay the
amount of such excess to JEA upon notice of the expenses from JEA. JEA shall not be required to obtain
the lowest price for completing the Work under the Contract, but may make such expenditures that, in its
sole judgment, shall best accomplish such completion. JEA will, however, make reasonable efforts to
mitigate the excess costs of completing the Work.
The Contract Documents shall in no way limit JEA's right to all remedies for nonperformance yrovided
under law or in equity, except as specifically set forth herein. In the event of termination for '"
nonperformance, the Company shall immediately surrender aU Work records to JEA. In such a case, JEA
may set off any money owed to the Company against any liabilities resulting from the Company's
nonperformance.
JEA has no responsibility whatsoever to issue notices of any kind, including but not limited to deficient
performance letters and scorecards, to the Company regarding its performance prior to default by Company
for performance related issues.
JEA shall have no liability to the Company for termination costs arising out of the Contract, or any of tbe
Company's subcontracts, as a result oftermination for default.
40
t I
1.17. SECTION TITLE: GENERAL TERMS & CONDITIONS [JEA-524]
1.17.1. Ambiguous Contract Provisions [JEA-C196]
The parties. agree that this Contract has been the subject of meaningful analysis and/or discussions of the
specifications, terms and conditions contained in this Contract. Therefore, doubtful or ambiguous
provisions, if any, contained in this Contract will not be construed against the party who physically"
prepared this Contract. The rule commonly"known as "Fortius Contra Proferentum" will not be applied to
this Contract or any interpretation thereof.
1.17.2. Amendments [JEA-C197]
This Contract may not be altered or amended except in writing, signed by JEA Procurement, the Company
Representative, or their duly authorized representatives.
1.17.3. Choice of Law [JEA-C198]
This Contract, and the rights and duties of the parties arising from or relating to this Contract or its subject
matter, shall be construed in accordance with the laws of the State of Florida, and the ordinances of the City
of Jacksonville without regard to its conflicts of laws provisions. Each of the parties irrevocably submits to
the exclusive jurisdiction of the courts of Florida, and further agree that the venue for any legal action
brought by or files against JEA relating to any matter arising under this Contract shall be exclusively in that
state Of federal court,.sitting in Duval county, Florida that has jurisdiction over such legal actions.
1.17.4. Confidentiality and Public Record Laws [JEA-574]
Any information disclosed by one party (''Disclosing Party") to the other party ("Recipient") in connection
with this Contract that is marked confidential or that due to its character and nature, a reasonable person
under like circumstances would treat as confidential (the "Confidential Information") will be protected and
held in confidence by the Recipient. Confidential Information will be used only for the purposes of this
Contract and related internal administrative purposes. Disclosure of the Confidential Infonnation will be
restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in
coopection with the Work, who are bound by confidentiality obligations no less stringent than these prior to
any disclosure. Each party may disclose Confidential Information relating to the Work to providers of
goods and services for the engagement to the extent such disclosure is necessary and reasonably
anticipated. Confidential Information does not include information which: (i) is already known to
Recipient at the time of disclosure; eii) is or becomes publicly known through no wrongful act or failure of
the Recipient; (Hi) is independently developed by Recipient without benefit of Disclosing Party's
Confidential Information; or (iv) is received from a third party which is not under and does ~ot thereby
breach ~ obligation of confidentiality. Each party agrees to protect the other's Confidentia 1nfonnation at
ail times and in the same manner as each protects the confidentiality of its own proprietary and confidential
materials, but in no event with less than a reasonable standard of care. A Recipient may disclose
Confidential Information to the extent required by law, but that disclosure does not relieve Recipient onts
confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets,
these confidentiality restrictions and obligations will terminate five (5) years after the expiration or
termination of the Contract under which the Confidential Information was disclosed, unless the law
requires a longer period.
The parties acknowledge that JEA is a body politic aod corporate that is subject to Chapter 119, Florida
Statutes, and related statutes known as the "Public Records Laws". If a request is made to view such
Confidential Information, JEA will notify Company of such request and the date that such records will be '" .~
released to the requester unless Company obtains a court order enjoining such disclosure. If the Company
fails to obtain that court order enjoining disclosure, JEA will release the requested information on the date
specified. Such release shall be deemed to be made with the Company's consent and will not be deemed to
41
be a violation of law, including but not limited to laws concerning trade secrets, copyright or other
intellectual property. In the event the Company breaches this Contract, then the Company hereby grants
JEA a limited license to use tbe Confidential Information in any reasonable way in order to mitigate JEA's
damages.
1.17.5. Conflict and Order of Precedence [JEA-C199l
The Contract shall consist of JEA's Contract or Purchase Order together with these specifications and
conditions including, but not limited to, the executed Bid Document, which shall be collectively referred to
as the Contract Documents. This Contract is the complete agreement betw.een the parties. Parol or
extrinsic evidence will not be used to vary or contradict the express tenns of this Contract. The Contract
Documents are complementary; what is called for by one is binding as if called for by all. The Company
shall, upon discovery, infonn JEA in writing of any conflict, error or discrepancy in the Contract
Documents. Should the Company proceed with the Work prior to written resolution ofthe error or conflict
by JEA, all Work done is at the sole risk of the Company. JEA will generally consider this precedence of
the Contract Documents in resolving any conflict, error, or discrepancy:
- Executed Change Orders! Amendments
- Contract
- Purchase Orders
- Technical Specifications and Drawings, Exhibits & Attachments
- Bid Document
- References
The figure dimensions ~m drawings shall govern over scale dimensions. Contract and detailed drawings
shall govern over general drawings. The Company shall perform any Work that may reasonably be inferred
from the Contract as being required whether or not it is specifically called for. Work, materials or
equipment described in words that, so applied, have a well-known technical or trade meaning shall be taken
as referring to such recognized standards.
1.17.6. Cumulative Remedies [JEA-C200)
Except as otherwise expressly provided in this Contract, all remedies provided for in this Contract shall be
cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity
or otherwise.
1.17.7. Entire Agreement [JEA-C201)
This Contract contains all of the understandings and agreements of the parties hereto in respect of the
subject matter hereof as ofthe Contract date. Any and all prior understandings and agreements, expressed
or implied, between the parties hereto in respect of the subject matter hereof shall be superseded hereby.
Parol or extrinsic evidence will not be used to vary or contradict the express terms of this Contract.
1.17.8. Expanded Definitions [JEA"C202]
Unless otherwise specified, words importing the singular include the plural and vice versa and words
importing gender include all genders. The term "including" means "including without limitation", and the
terms "include", "includes" and "included" have similar meanings. Any reference in this Contract to any
other agreement is deemed to include a reference to that other agreement, as amended, supplemented or
restated from time to time. Any reference in the Contract to "all applicable laws, rules and regulations"
means all federal, state and local laws, rules, regulations, ordinances, statutes, codes and practices.
4"
.L-
~ 1.17.9. Force Majeure [JEA-C203]
No party shall be liable for any default or delay in the performance of its obligations under this Contract
due to an act of God or other event to the extent that: (a) the non-performing party is without fault in
causing such default or delay; (b) such default or delay could not have been prevented by reasonable
precautions; and (c) such default or delay could not have been reasonably circumvented by the non-
performing party through the use of alternate sources, work-around plans or other means. Such causes
include, but are not limited to: act of civil or military authority (including but not limited to courts or
administrative agencies); acts of God; war; terrorist attacks; riot; insurrection; inability of JEA to secure
approva~ validation or sale of bonds; inability of JEA or the Company to obtain any required permits,
licenses or zoning; blockades; embargoes; sabotage; epidemics; fIres; hurricanes, tornados, floods; or
strikes.
fu the event of any delay resulting from such causes, the time for performance of each of the parties
hereunder (including the payment of monies if such event actually prevents payment) shall be extended for
a period of time reasonably oecessary to overcome the effect of such delay, except as provided for
elsewhere in the Contract Documents.
In the event of any delay or nonperformance resulting from such causes, the party affected shall promptly
notify the other in writing ofthe nature, cause, date of commencement and the anticipated impact of such
delay or nonperformance. Such written notice, including Change Orders, shall indicate the extent, if any, to
which it is anticipated that any delivery or completion dates will be thereby affected.
1.17.10. Hand Digging Around Trees, Tree Trimming, Arborist Services and Tree Removal [JEA-
575}
No separate measurement and payment shall be made for hand digging around trees, tree trimming, and
provision of arborist services, but all cost shall be included in the associated item of work in the bid form.
Hand digging, tree trimming, and arborist services shall include but not be limited to all labor, equipment
and supervision required to successfully hand dig or trim tree branches where tree roots or branches may be
destroyed or injured due to the Work. Item shall include services of a certified arborist as required by the
City landscape architect to ensure minimal or no damage to tree canopy or root system. If the tree canopy
or root system is damaged, the Company, at its own expense, shall repair, restore, or replace the tree at the
direction of the arborist The Company shall review the drawings and visit the Work area prior to the bid to
satisfy itself as to the amount of tree removal and disposal to be performed to complete the Work, and the
extent of tree trimming required to perform the work. All tree mitigation costs shall be borne by the City of
Jacksonville. Trees identified on the drawings for removal shall not be paid for separately, but all
associated cost for removal and disposal and subsequent compacted soil backfill replacement shall be
included in the. associated item of the work.
__I'
1.17.11. Headings [JEA-CZ04]
The division of this Contract into sections, the insertion of headings and/or index numbers and the
provision of a table of contents are for convenience of reference only and are not to affect the construction
or interpretation of this Agreement.
1.17.12. Language and Measurements [JEA-C205]
All communication between the Company and JEA, including all documents, notes on drawings, and
submissions required under the Contract, will be in the English language. Unless otherwise specified in the
Contract, the US System of Measurements shall be used for quantity measurement. All instrumentation
and equipment will be calibrated in US System of Measures.
43
1.17.13. Non-waiver [JEA-C207]
Failure by either party to insist upon strict perfonnance of any of the provisions of the Contract will not
release either party from any of its obligations under the Contract.
1.17.14. Notices and Correspondence [JEA-C208] ***
All notices required or permitted under this Contract shall be in writing and shall be deemed received if
sent by one of the following means: (a) upon receipt if delivered by hand; (b) one day after being sent by an
express courier with a reliable system for tracking delivery; (c) three days after being sent by certified or
registered fIrst class mai~ postage prepaid and return receipt requested; or (d) upon confirmed facsimile
transmission provided that a copy shall be sent by another of the foregoing means. All notices shall be
addressed by a party to the other party as follows:
In the case of JEA:
Attn: Bill Clendening, Mgr., W&S Grid Preventive Maint.
2434 N. Pearl St., Jacksonville, FL 32206
and to:
JEA
Heather Burnett, Contracts Manager
21 W. Church 81. CC-6, Jacksonville, FL 32202
In the case of Company:
Mr. Richard Taylor Howton
Insituform Technologies, Inc.
17988 Edison Ave. Chesterfield, Mo. 63005
Telephone: (636) 530-8000
Facsimile: (636) 530-8701
Either party may change its address from time to time upon prior written notice to the other specifying the
effective date of the new address.
1.17.1S. Publicity and Advertising [JEA-C209]
The Company shall not take any photographs, make any announcements or release any information
concerning the Contract or the Work to any member of the public, press or official body unless prior
written consent is obtained from JEA. JEA is governed by the Florida Public Records Laws so all Contract
Documents are available for public inspection. In addition, JEA is governed by Florida Sunshine Laws and
as such, certain meetings are required to be open to the public. "
1.17.16. References [JEA-C210]
Unless otherwise specified, each reference to a statute, ordinance, law, policy, procedure, process,
document, drawing, or other informational material is deemed to be a reference to that item, as amended or
supplemented from time to time. All referenced items shall have the enforcement ability as if they are fully
incorporated herein.
1.17.17< Relationship of the Parties [LTEA-C21l]
The Company agrees that it shall perform the Work as an independent contractor and that it does not (a)
have the power or authority to bind JEA or to assume or create any obligation or responsibility, express or
implied, on lEA's part or in JEA's name, except as may be authorized by JEA under a separate written
document, or (b) represent to any person or entity that it has such power or authority except as may be
44
authorized by JEA under a separate written document.
1.17.18. Severability [JEA-C212]
In the event that any provision of this Contract is found to be unenforceable under applicable law, the
parties agree to replace such provision with a substitute provision that most nearly reflects the original
intentions of the parties and is enforceable under applicable law, and the remainder of this Contract shall
continue in full force and effect.
1.17.19. Subcontracting or Assigning of Contract [JEA-C213]
Each party agrees that it shall not subcontract, assign, delegate, or otherwise dispose of the Contract, the
duties to be performed under the Contract, or the monies to become due under the Contract without the
other party's prior written consent.
The assignment of the Contract will not relieve either of the parties of any of its obligations until such
obligations have been assumed in writing by the assignee. If the Contract is assigned by either of the
parties, it will be binding upon and will inure to the benefit of the permitted assignee. The Company shall
be liable for all acts and omissions of its assignee or its Subcontractor.
1.17.20. Survival [JEA-C2141
The obligations of JEA and the Company under this Contract that are not, by the express terms of this
Contract, fully to be performed during the Term, shall survive the termination of this Contract for any
reason.
1.17.21. Third Party Agreements [JEA-557]
Unless otherwise agreed in writing by JEA, JEA shall have no obligation to enter into any third party
agreements under this Contract. Such third party agreements shall include, but not be limited to: joint
check agreements, and revocable or irrevocable letters of direction with sureties. In the event JEA agrees to
execute any such agreement(s), then such agreement(s) shall incorporate additional language as required by
JEA's Chief Purchasing Officer.
1.17.22. Time and Date [JEA-C215]
Unless otherwise specified, references to time of day or date mean the local time or date in Jacksonville,
Fla. If under this Contract any payment or calculation is to be made, or any other action is to be taken, on or
as of a day that is not a regular business day for JEA, that payment or calculation is to be made, and that
other action is to be taken, as applicable, on or ~ of the next day that is a regular business day. Where
reference is made to day or days, it means calendar days. Where reference is made to workday, workdays,
business day, or business days, it means regular working days for JEA Procurement.
1.17.23. Time of Essence [JEA-C216]
For every requirement of this Contract, time is of the essence.
1.17.24. Use of JEA Contracts by the City of Jacksonville [JEA-C217]
Where City of Jacksonville agencies' procurement codes allow use of JEA contracts, the Company agrees
to extend any pricing and other contractual terms to such agencies.
45
1.17.25. Waiver of Claims [JEA-C21S)
A delay or omission by JEA hereto to exercise any right or power under this Contract shall not be construed
to be a waiver thereof. A waiver by JEA under this Contract shall not be effective unless it is in writing
and signed by the party granting the waiver. A waiver by a party of a right under, or breach of, this
Contract shall not be construed to operate as a waiver of any other or successive rights under, or breaches
of, this Contract.
The Company's obligations to perfonn and complete the Work in accordance with the Contract shall be
absolute. None of the following will constitute a waiver of any of JEA's rights under the Contract: approval
or payment of any progress payments or any other payments, including fmal payment; issuance of the
Certificate of Substantial Completion or Certificate of Contract Completion; any use or occupancy ofthe
Work by JEA; nor any correction offaulty or defective work by JEA.
2. SECTION TITLE: WORK [JEA~525]
2.1. SECTION TITLE: SCOPE [JEA-526]
2.1.1. Obligations of the Company [JEA-C396]
The Company shall provide everything necessary to successfully complete the Work except the materials
and services specifically stated in the Contr!j.ct to be provided by JEA. No payments, other than those
shown in this Contract and Exhibit B, will be made to the Company for performance of any requirements of
the Contract Documents. The Company shall perform aU Work in accordance with the Contract Documents
and the applicable JEA standards manuals, safety manuals, policies, accepted commercial work practices,
local, state, and federal, rules regulations and laws which may be amended from time to time. The
Company shall provide all permits, certifications, insurances, and bonds necessary or required by good
practice, except where specifically stated in the Contract to be provided by JEA.
The Company personnel shall perfonn all Work in a professional, efficient, and competent manner. The
Company is obligated to provide personnel possessing the skills, certifications, licenses, training, tools,
demeanor, motivation, and attitude to successfully complete the Work. The Company is obligated to
remove individuals from performing Work under this Contract when the Company recognizes an individual
to not be working in a manner consistent with the requirements of this Contract, or when JEA-notifies the
Company that JEA has determined an individual or group of individuals to not be working in a manner
consistent with the requirements ofthis Contract. The Company is obligated to ensure that their officers
and executives interact with JEA, JEA customers, whether direct or indirect customers of JE~, with the
utmost level of professionalism and integrity.
In the event the Company chooses to use Subcontractors, the Company is obligated to provide
Subcontractors possessing the skills, certifications, licenses, training, tools, demeanor, motivation and
attitude to successfully perform the work for which they are subcontracted. The Company is obligated to
remove Subcontractors from performing Work under this Contract when the Company recognizes that a
Subcontractor is failing to work in a manner consistent with the requirements of this Contract, or when JEA
notifies the Company that JEA has determined a Subcontractor is failing to work in a manner consistent
with the requirements of this Contract.
The Company is obligated to ensure that sufficient supervision of the Work is provided. This includes
ensuring that the Company Supervisor is at the Work Location when Work is being performed.
The Company shall bear sole responsibility for the efficiency, adequacy and safety of the performance of
the Work, including temporary Work and facilities, until Acceptance. The Company shall be solely
responsible for any loss or damage to materials, tools, labor, and equipment used during the performance
46
I of, or in co~ection with, the Work. Any JEA comments or approval regarding the Company's
performance, materials, working force, or equipment will not relieve the Company of any responsibility.
2.2. SECTION TITLE: LOCATION [JEA-527]
2.2.1. Work Location [JEA-C460] ***
Work shall be performed at the following location(s): within the Rights~of-Way in JEA's service area.
2.3. SECTION TITLE: TECHNICAL SPECIFICATIONS [JEA-528]
2.3.1. 1" Water Service Replacement [JEA-C397]
Intentionally left blank.
2.3.2. Applicable Water & Sewer Standards, Details and Materials [JEA-C398]
All Work shall be done in accordance with the January 1, 2005 Edition of JEA Water & Sewer Standards,
Details & Materials (including latest revisions dated April 1, 2006). The JEA Water & Sewer Standards,
Details & Materials manual may be obtained from the JEA Bid Section, Tower Lobby, Suite 103.
2.3.3. Dewatering [JEA-560]
If the Company encounters groundwater, the Company shall be responsible for utilizing a dewatering
system( s) to remove water from the excavations. Prior to beginning any dewatering, the Company shall
submit a dewatering plan to the Contract Administrator for review and approval The Company shall
comply with all sampling requirements listed in Florida Department of Environmental Protection (FDEP)
Dewatering Regulations (62-621.300(2) F.A.C.) before any dewatering can begin.
Once the sampling analysis is complete, the sample(s) results shall be submitted to the Contract
Administrator for review and submittal to FDEP. If the sample analysis fails to meet FDEP water quality
standards, no dewatering can proceed without further instruction from the Construction Administrator.
Additionally, prior to any dewatering, the Company shall apply for a St. Johns River Water Management
District (SJRWMD) Generic Permit for Short Term Dewatering, and comply with all SJRWMD
requirements.
I'
If the above requirements are not followed, the Company shall be held liable for any froes arfdJor violations
incurred by JEA.
2.3.4. Drainage Along Rights-of-Way [JEA-C400]
The Company shall so conduct its operations and maintain the Work in such condition that adequate
drainage shall be in effect at all times. Tbe Company shall not obstruct existing gutters, ditches and other
runoff facilities.
2.3.5. Earthwork [JEA-C401] ***
Suitable Material
The Company shall stockpile all material encountered during regular excavation that the JEA Engineer
determines is suitable for use as backfill material. JEA will not make separate payment for the use of
backfill material obtained on the Work from regular excavation. Excess material shall become the property
of the Company and shall be disposed of appropriately outside the right-of-way.
47
Unsuitable Material
All material enoountered during regular excavation that the Geotechnical Engineer determines is unsuitable
for use as backfill shall become the property of the Company and the Company shall remove and dispose of
it properly. Where unsuitable material is to be replaced, suitable material obtained elsewhere on the Work
area shall be used as backfJ1l at no additional cost. In the event there are not sufficient quantities of
stockpile suitable material available, Class A-3 sand shall be used as specified below for A-3 Soil Backfill.
Except as specified below for A-3 Soil Backfill, JEA will not make separate payment for replacement
material used to construct the stabilized sub-base.
A-3 Soil Backfill
If there is not enough suitable material obtained from regular excavation to use as backfill, then the
Company shall import A-3 soil to the Work area to meet the need for fill and backfill as directed by JEA or
the City of Jackson ville. The Company shall provide JEA test results for both stockpiled material and
imported material to rndicate that the materials meet the minimum standards established by the
Geotechnical Engineer for this project. JEA will pay the Company at the Contract Unit Price for A-3 soil
for the importation and placement of the soil and sand. JEA will not pay the Company for A -3 soil backfill
when suitable material from regular excavation will become available, but at the time required, is not
available, due to the Company's sequence of work. Measurement of A-3 soil backfill shall be based on
actual trench section dimensions and in accordance with Section 801, Item 4.5 of the JEA January 1, 2005
edition of JEA Water and Sewer Standards, Details and Materials Manual, as amended, unless otherwise
specified in the Contract Documents.
2.3.6. Mailboxes [JEA-C408]
The Company shall carefully remove and relocate mailboxes affected by construction operations to allow
for uninterrupted mail service. All temporarily relocated mailboxes shall be reinstalled permanently as
soon as construction operations allow. The condition of the reinstalled mailboxes shall be at least equal to
the original facility, as directed by JEA. No additional payment shall be made for removal, relocation or
reinstallation of mailboxes. All costs shall be included in the associated line item in the Bid Document.
2.3.7. NPDES Permit Conformance [JEA-559]
Company shall comply with the State of Florida Department of Environmental Protection (FDEP)
Document No. 62-621-300(4)(a). A copy may be downloaded via internet at
http://www.dep.state.fl.us/water/stormwater/npdes/permitsJorms.htm and is also attached to this section.
The NPDES permit program requires that if the construction activities disturb an acre or greater of land,
then the Company must submit the Notice of Intent (NOl) to use the Generic Permit for Stormwater
Discharge from Large and Small Construction Activities, FDEP Form No. 62-621.300(4)(b). By applying
for the Generic Permit, the Company is certifying that it will develop and implement a Stonnwater
Pollution Prevention Plan (SWPPP) specifically designed for each construction site. Also involved are
certain certifications, notifications, inspections and record keeping activities. The SWPPP and the weekly
inspection reports are required to be kept at the project site and available for review upon request.
The SWPPP must be prepared and certified by the Company prior to commencement of construction. The
NOI will be initiated by the Company (DEP Document No. 62-621.300(4)(b)) and forwarded to the FDEP
and related fee with courtesy copy to JEA (attention: Environmental Services, 21 W. Church Street, Tower
8).
The Company shall also comply with the City of Jacksonville Ordinance 98-994-E. A SWPPP plan that
meets the minimum erosion and sedimentation control measures required by the City of Jacksonville may
be included in the Construction Drawings. However, the Company is responsible for providing a SWPPP
48
i that will adhere to the requirements delineated in DEP Document No. 62-621.300(4)(a). This may require
amendment or provision of additional information and controls to the SWPPP included in the Drawings.
No separate payment shall be made for a SWPPP and its implementation, but all associated costs shall be
included in the associated item of work in the Bid Form.
The Company shall obtain all other applicable local, state, and federal permits. It is unlawful to have any
discharges that are not composed entirely of storm water (except discharges pursuant to a NPDES permit) to
the Municipal Separate Stormwater System (MS4). Only !;lon-contaminated water/non-turbid water shall
be transported through the MS4. Groundwater discharge (approved by the Florida Department of
Environmental Protection pursuant to 62-621.300(2)) from dewatering activities may be routed into the
stormwater system, drainage ditch, creek, river or wetland providing that erosion, and transportation of
suspended solids to the system is prevented. If contaminated soil or contaminated groundwater is
encountered, the dewatering activity shall cease immediately, and the Company shall contact the JEA
Project Manager and also FDEP at (904) 807-3300 and.
Company must complete Notice of Termination (NOT) (DEP Doc. No. 62-621.300(6), F.A.C.) within one
(1) week of final site stabilization with courtesy copy to JEA (attention: Ms Heather Burnett, 21 W. Church
Street, Tower 8). Company shall also provide copies of NOT to JBA Project Manager with tmal payment
and construction close-out documents.
A copy ofNPDES Forms and Checklist are attached to this section.
JEA will reject any and all invoices and Application for Payments unless JEA receives a copy of the
Company's NOI and NOT that were forwarded to the FDEP. In addition, if the above requirements are not
followed, the Company shall be held liable for any fines and/or violations incurred by JEA.
2.3.8. Prevention, Control and Abatement of Erosion and Siltation [JEA-C321]
The Company shall take steps and make suitable provisions to minimize siltation and erosion of waterways
that may result from its operation during the course of construction.
The Company shall make suitable arrangements, which may require the temporary construction offlumes,
boxes, or some other device(s), at the Work Location for the drainage and disposal of water. The Company
shall be responsible for protecting adjacent property to the Work Lot;ation from damage by water resulting
from its operations. The Work Location shall be returned to its original condition to the satisfaction of JEA.
The Company is cautioned that execution qr maintenance that creates turbidity and that directly or
indirectly affects the water quality of any waterway into which storm water is discharged in such a manner
as to exceed the limitations prescdbed in the Florida Administrative Code, is a violation of the water
quality standards of the State of Florida. 1-
Turbidity shall not exceed 29 NTU's, above background level within 100' of the construction activity.
Costs incurred by the Company for compliance to the restrictions outlined above shall be included in the
cost of the items for which the turbidity control is required, unless a separate line item is included in the
Bid Document for turbidity control: Silt barriers shall be used at all waterway crossings or at any time
during construction tbat siltation or erosion may occur. The Company shall submit to the JEA Engineer, for
written approval prior to construction, the method to be used to control the turbidity. The JEA Engineer's
approval of the method to be used in no way relieves the Company of the liability in case of a citation
against JEA.
2.3.9. Sewage Spills [JEA-C334l
The Company shall minimize the amount of sewage released into excavations by notifying affected parties
of the service interruption, pre-draining affected lines, insuring pump station (non- )operating status, etc.
The Company shall notify JEA immediately verbally, with written notification to follow.
49
The Company shall take precautions' to prevent sewage from contacting the ground. If sewage contacts the
ground, the Company shall take appropriate measures to disinfect the area of the sewage release. Jf pooling
sewage is observed, the Company shall vacuum remove the sewage, or remove the sewage by other means
acceptable to the JEA Representative, and dispose of the sewage in accordance with environmental and
public health regulations. The Company shall clear any sanitary systems found plugged due to this type of
pumping activity at its own expense.
2.3.10. Temporary Roadways [JEA-C341]
If the Company's operations render any street or private way unsafe, the Company shall make such repairs
or provide such temporary ways and guards necessary for the protection and safety of persons on the Work
and the public, and for the orderly maintenance of traffic.
The Company shall always provide and maintain a hard-surfaced roadway for traffic. Where temporary
detours oflanes are required, they shall be asphalt-paved by the Company. The Company m~y construct
paving section(s) appropriate to support traffic, provided the surface is smooth and the profile reasonable,
and as a minimum, consists Df 1 inch of bituminous structural course over a 6-inch limerock base that was
inspected and approved by the JEA Engineer. Should any temporary pavement fail, the Company shall be
responsible for repairing it, at its own cost, before close of Wark on the day notification is given. Should
the Company be unable to make such repair by close of Work, the Company shall notify the Contract
Administrator and provide an estimated time when repairs can be made. No repair timeframes shall exceed
48 hours. Any damages, either direct or indirect, resulting from such temporary pavement failures shall be
the sole liability of the Company.
All limerock base material used for temporary pavement and constructed in proposed grassed areas shall be
completely removed and disposed of by the Company prior to final restorative grassing operations. The
area shall be backfilled with material stockpiled on the Work Location that is conducive to growth of the
plant material. All costs associated with this work shall be included in the associated line item in the Bid
Document.
2.3.11. Traffic Signage [JEA-573]
Costs incurred by the Contractor to provide new signage and pavement markers, or remove and replace
existing signage as necessary to accomplish the work shall not be paid for separately but shall be merged
with the cost of the associated item of work. Damaged signage shall be replaced with new signage. All
signage and pavement markers in accordance with the drawings and City Traffic Engineer's requirements.
2.3.12. Tree Protection [JEA-C345]
1'.
The Company shall protect aU trees, in accordance with applicable city and county laws, from damage by
vehicles, equipment and machinery, except those trees designated for removal (via permit) on the
construction drawmgs. Removal of any tree Dot so designated nor permitted, shall be only upon specific
approval by the JEA Engineer.
Excavated dirt shall not be piled around the base of any tree not designated for removal. The Company
shall not bury or bum any refuse around or near the trees. The Company shall proceed with caution when
excavating in the vicinity of root structure of any tree. Excavation shall be by hand if necessary.
Roots up to 2" in diameter when severed do Dot require any pruning paint. Roots from 2" to 4" in diameter
must be severed with a pruning saw and painted. Roots over 4" shall not be severed except as directed by
the JEA Engineer.
An ax or similar tool is not acceptable for pruning. The wood shall be treated with asphalt-type pruning
paint as soon as possible after pruning.
50
i'
Prior to any site disturbance, barriers shall be put up around each tree to be protected. These barriers shall
be constructed of2 x 4's or any other practical materials that will discourage disturbance near the tree. To
confonn to applicable city and county laws and codes, these barriers should be at le_~st 6' away from the
trunk of the tree and protect an area that is at least 50% of the unpaved area covered by the crown spread of
the tree. When conditions permit, barriers are to be placed in such a manner as to provide the largest
undisturbed area possible.
Cutting tree roots shall be kept to a minimum and only allowed when absolutely necessary. In such
instances the Company shall ensure that all cuts are made clean with a saw, free of all loose soil, and sealed
with pruning paint or shellac. At no time shall roots be pulled, ripped or cut with a blade, backhoe or other
mechanical device. Additional fill under the crown spread of trees shall be kept to a minimum. If
additional fill is unavoidable, all fill material shall consist of clean, coarse sand or gravel, free of silt and
clay to allow for free movement of air and water. Lowering the grade under the crown spread of trees will
not be permitted.
Should branches require pruning to provide for roadway or other necessary clearance, they shall be cut
back to a main stem or crotch of the tree. All cuts shall be made at the bench collar to allow the natural
healing process of the tree to occur. To further promote the natural healing process, no pruning paint or
other material shall be applied to pruning cuts.
If a tree is wounded during construction, all bark surrounding the wound shall be cut away and carefully
removed. Care shall be taken 'to leave as much cambium as possible.
Any tree whose root system. has been disturbed or damaged must be properly fertilized to aid in its
recovery. The hole or punch-bar method shall be used for applying fertilizer. The holes should be
approximately 12" to 18" deep, I" to 2" in diameter, 2' apart, and extend 2' past the drip line of the tree.
The Company shall not apply fertilizer within 1 foot of the trunk of a small tree (up to 6" in diameter) or
within 3' of the trunk of a large tree (over 6" in diameter). Injury to the root collar and trunk base may
result. The type of fertilizer to be used shall be 25% organic 8-8-8 with minor elements included.
Chemical analysis as follows: Total Nitrogen, not less than 8.00%, available Phosphoric Acid, not less
than 8.00%, water soluble potash, not less than 8.00%. Fertilizer shall be applied at the following rates and
shall be evenly distributed among the holes:
Hardwoods up to 6" Dia. 2 lb. per inch of Dia.
Hardwoods over 6" Dia. 4 lb. per inch of nia.
Evergreens up to 6" Dia. 1 lb. per inch of nia.
Evergreens over 6" Dia. 2 lb. per inch of Dia.
2.3.13. Paving Removal and Replacement J'J'
Add the following to Section 801, Items 9.1 and 9.2. Pavement removal and replacement shall be based on
a maximum asphalt sawcut width of 6' (3'~maximum trench width) and shall adhere to the COJ Pavement
Repair Details referenced in the Bid Item. Pavement settlement will be in!\pected 11 months after
installation. Areas experiencing 1;2" or more total dip in any cross section shall be considered a defect, and
shall be corrected as directed by JEA.
2.3.14. Sewer Lateral Piping - Remove and Replace
Add the following to Section 801, Item 16.4: When practical, the service lateral pipe shall be installed by
tunneling under the curb and sidewalk to minimize replacement work.
2.3.1S. Sewer Piping Remove and Replace Through Point Repairs
Add the following to Section 801, Item 16.2: Payment for a point repair and/or obstruction removal will be
by sewer diameter, divided into 4' depth intervals and payment made for each point repair performed.
Example: 6" _lO" and shall include an allowance for 6' length of pipe. Lengths beyond 6' shall be paid
per the linear foot within the depth interval. 12" - 18" sewer pipes shall include an allowance for 10'
51
length of pipe. Lengths beyond 10' shall be paid per the linear foot within the depth interval. All repair
clamps, fittings, and street repair are included with the task. Payment shan be per the unit prices set forth.
Point repairs for pipe sizes greater than 18" shall be handled by Supplemental Work Authorization. Point
repairs developing as a result of the cleaning operation, shall be the full responsibility of the ClPP
Contractor. In the event the Contractor cannot correct the problem in a timely manner, JEA will coordinate
the repair and shall issue a back charge to the Contractor.
2.3.16. Contingency Items
Bid Line Items are included herein to obtain unit prices to perfonn the work under contingency, should it
be encountered during the performance of the Work. JEA is unaware ofilie existence of these conditions at
this time, but shall exercise the unit prices as required.
2.3.17. JEA Fixed Price Items
A unit price allowance is included in the Bid Form for select line items. These flXed prices reflect usual
and customary fees paid for these items on JEA projects. The unit price allowance shall constitute full
compensation for the items of work.
2.3.18. General Conditions
Contract Lump Sum Price shown for General Conditions on the Bid Form shall be compensation to
complete the Work as required.in the General Conditions and/or Special Conditions that are not paid for
separately. Payment of the Lump Sum Price shall only be made for the percentage of Work completed.
The percentage as indicated on the Bid Form, shall be the maximum percentage of the associated subtotal.
2.3.19. Sewage Spills
The JEA recognizes that sewage may be released from pipes in the course of performing the Work.
Contractor shall minimize the amount of sewage released into excavations by notifying affected parties
(homeowners or businesses) of the service interruption, pre-draining affected lines, insuring pump station
(non) operating status, etc. Contractor shall take precautions to prevent sewage from contacting the
ground. If sewage contacts the ground, Contractor shall take appropriate measures to disinfect the affected
area where the sewage release occurred. When pooling sewage is observed, Contractor shall vacuum
remove the sewage or remove the sewage by other means acceptable to the JEA Inspector and dispose of
the sewage in accordance with environmental and public health regulations. This can include PUITlping to
the nearest available sanitary manhole. Sanitary systems found plugged due to this type of pumping
activity shall be cleaned at the Contractor's expense.
Contractor shall inform the IDA Inspector of spills which contact the ground estimated to be in excess of
five gallons. Spills of less than five gallons which contact the ground shall be noted in the Contractor's
field log book. Notification of Inspector does not mitigate Contractor's responsibility to tak~-,corrective
action. If JEA is fmed as a result of a sewage spill associated with the Work, JEA may require Contractor
to reimburse JEA for the fme amount.
2.3.20. Response time
The Contractor shall have a representative available to meet with JEA within (4) Hours notice to initiate an
action plan for emergencies. As directed by JEA, the Contractor shall mobilize with manpower,
equipment, and materials to perform most emergency work within 24 hours of the initial meeting.
3.1. Special Conditions
3.1.1. Special Conditions are attached as Exhibit C and incorporated herein by reference.
52
I 1.15.8. Safety Representation [JEA-CI90]
The Company represents and warrants to JEA that it has the capacity to train and supervise its employees,
Subcontractors and suppliers to ensure the Work com.plies with all safety requirements of the Contract
Documents. The Company shall be responsible for executing the necessary safety training and supervision
of its employees and Subcontractors, and acknowledges that JEA is not responsible for training or
supervising the Company's employees, except when noted for the purpose of enforcing compliance with
these safety requirements.
1.16. SECTION TITLE: TERM & TERMINATION [JEA-523]
1.16.1. Term of Contract - (Defined Dates) [JEA-C193] ***
The initial term of this Contract will be three (3) years from the Effective Date of the Contract (the "Initial
Term").
JEA may, at its sole discretion, offer renewal options, subject to availability of lawfully appropriated funds.
Each renewal option is for a one (1) year period (each, a "Renewal Term", together with the ~tia1 Term,
the "Term") and may be exercised up to two (2) times. If Company desires to renew the Contract,
Company must provided JEA with written notice sixty (60) days prior to expiration of the Contract
JEA's decision to renew will be based on the performance of the Company and current market conditions at
that time. Prices will remain :firm for the initial term. At the end of the initial term and each renewal terms,
if any, JEA will evaluate prices as well as other performance measures. Price changes will be negotiated on
changes such as market conditions, value-added services provided, meeting of goals and/or changes to
applicable price indices. JEA in general expects to' see a decline in prices on renewals as renewal periods
incur no startup costs, the Company is already familiar with the Work, and the Company has had the
opportunity to engage in process and perfonnance improvement actions related to the Contract.
1.16.2. Termination for Convenience [JEA-C194]
JEA shall have the absolute right to terminate in whole or part the Contract, with or without cause, at any
time after A ward upon written notification of such termination.
In the event of termination for convenience, JEA will pay the Company for all disbursements and expenses
that the Company has incurred, or those for which it becomes obligated prior to receiving JEA's notice of
termination. JEA will also pay the Company costs incurred less the reasonable resale value, of materials or
equipment that the Company has already ordered, obtained or fabricated in connection with the Contract~
Upon receipt of such notice of termination, the Company shall stop the perfonnance of the Work hereunder
except as may be necessary to carry out such tennination and take any other action toward termination of
the Work that JEA may reasonably request, including all reasonable efforts to provide for a prompt and
efficient transition as directed by JEA.
JEA will have no liability to the Company for any cause whatsoever arising out of, or in connection with,
termination including, but not limited to, lost profits, lost opportunities, resulting change in business
condition, except as expressly stated within these Contract Documents.
1.16.3. Termination for Default (Bond) [JEA-C195] itwit
JEA may give the Company written notice to discontinue all Work under the Contract in the event that:
- The Company assigns or subcontracts the Work without prior written permission;
_ Any petition is filed or any proceeding is commenced by or against tbe Company for relief under any
39
> bankruptcy or insolvency laws;
- A receiver is appointed for the Company's properties or the Company commits any act of insolvency
(however evidenced);
- The Company m,akes an assignment for the benefit of creditors;
. The Company suspends the operation of a substantial portion of its business;
- The Company suspends the whole or any part of the Work to the extent that it impacts the Company's
ability to meet the Work schedule, or the Company abandons the whole or any part of the Work;
- The Company, at any time, violates any of the conditions or provisions of the Contract Documents, or the
Company fails to perform as specified in the Contract Documents, or the Company is not complying with
the Contract Documents.
- The Company attempts to willfully impose upon JEA items or workmanship that are, in JEA's sole
opinion, defective or of unacceptable quality,
- The Company breaches any of the representations or warranties
- The Company is determined, in JEA's sole opinion, to have misrepresented the utilization of funds or
misappropriate property belonging to JEA. ..
- Any material change in the fmancial or business condition of the Company.
If, within 24 hours after service of such notice upon the Company, an arrangement satisfactory to .TEA has
not been made by the Company for continuance of the Work, the JEA may terminate the Contract.
Once a Company is declared in default, the surety shall assume the Company's place in all respects and
shall be paid by JEA all monies, if any, due the Company at the time of such notice to discontinue, or any
monies thereafter that may become due the Company in accordance with the terms of the Contract.
If the Company fails to make arrangements satisfactory to JEA within 3 months after service to the
Company or a notice to discontinue Work, and in the case where a Payment and Performance Bond is in
effect, the surety has not exercised its option, then without further notice to the Company or the surety, JEA
may terminate the Contract and shall have the power to complete the Work herein described as it may
determine. Tn such a case, JEA shall have the right to take possession of and use any of the materials, plant,
tools, equipment, supplies and property of any kind provided by the Company for the purpose of this Work.
JEA will charge the expense of completing the Work to the Company and will deduct such expenses from
monies due, or which at any time thereafter may become due, to the Company. If such expenses are more
than the sum that would otherwise have been payable under the Contract, then the Company shall pay the
amount of such excess to JEA upon notice of the expenses from JEA. JEA shall not be required to obtain
the lowest price for completing the Work under the Contract, but may make such expenditures that, in its
sole judgment, shall best accomplish such completion. JEA will, however, make reasonable efforts to
mitigate the excess costs of completing the Work.
The Contract Documents shall in no way limit JEA's right to ail remedies for nonperformance yrovided
under law or in equity, except as specifically set forth herein. In the event of termination for ...
nonperformance, the Company shall immediately surrender all Work records to JEA. In such a case, JEA
may set off any money owed to the Company against any liabilities resulting from the Company's
nonperformance.
JEA has no responsibility whatsoever to issue notices of any kind, including but not limited to deficient
performance letters and scorecards, to the Company regarding its performance prior to default by Company
for performance related issues.
JEA shall have no liability to the Company for termination costs arising out ofthe Contract, or any of the
Company's subcontracts, as a result of termination for default.
/In
~
1 I
1.17. SECTION TITLE: GENERAL TERMS & CONDITIONS [JEA-524]
1.17.1. Ambiguous Contract Provisions [JEA-C196]
The parties. agree that this Contract has been the subject of meaningful analysis and/or discussions of the
specifications, tenus and conditions contained in this Contract. Therefore, doubtful or ambiguous
provisions, if any, contained in this Contract will not be construed against the party who physically'
prepared this Contract. The rule commonly'known as "Portius Contra Proferentum" will not be applied to
this Contract or any interpretation thereof.
1.17.2. Amendments [JEA-C197]
This Contract may not be altered or amended except in writing, signed by JEA Procurement, the Company
Representative, or their duly authorized representatives.
1.17.3. Choice of Law [JEA-C198]
This Contract, and the rights and duties of the parties arising from or relating to this Contract or its subject
niatter, shall be construed in accordance with the laws of the State of Florida, and the ordinances of the City
of Jacksonville without regard to its conflicts of laws provisions. Each of the parties irrevocably submits to
the exclusive jurisdiction of the courts of Florida, and further agree that the venue for any legal action
brought by or files against JEA relating to any matter arising under this Contract shall be exclusively in that
state or federal court, .sitting in Duval county, Florida that has jurisdiction over such legal actions.
1.17.4. Confidentiality and Public Record Laws [JEA-574]
Any information disclosed by one party (''Disclosing Party") to the other party ("Recipient") in connection
with this Contract that is marked confidential or that due to its character and nature, a reasonable person
under like circumstances would treat as confidential (the "Confidential Information") will be protected and
held in confidence by the Recipient. Confidential Information will be used only for the purposes of this
Contract and related internal administrative purposes. Disclosure of the Confidential Information will be
restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in
co~ection with the Work, who are bound by confidentiality obligations no less stringent than these prior to
any disclosure. Each party may disclose Confidential Information relating to the Work to providers of
goods and services for the engagement to the extent such disclosure is necessary and reasonably
anticipated. Confidential Information does not include information which: (i) is already known to
Recipient at the time of disclosure; (ll) is or becomes publicly known through no wrongful act or failure of
the Recipient; (iii) is independently developed by Recipient without benefit of Disclosing Party's
Confidential Information; or (iv) is received from a third party which is not under and does ~ot thereby
breach ~ obligation of confidentiality. Each party agrees to protect the other's Confidentia 'information at
ail times and in the same manner as each protects the confidentiality of its own proprietary and confidential
materials, but in no event with less than a reasonable standard of care. A Recipient may disclose
Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its
confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets,
these confidentiality restrictions and obligations will terminate five (5) years after the expiration or
termination ofthe Contract under which the Confidential Information was disclosed, unless the law
requires a longer period.
The parties acknowledge that JEA is a body politic and corporate that is subject to Chapter 119, Florida
Statutes, and related statutes known as the "Public Records Laws". If a request is made to view such
Confidential Information, JEA will notify Company of such request and the date that such records will be '., -~
released to the requester unless Company obtains a court order enjoining such disclosure. If the Company
fails to obtain that court order enjoining disclosure, JEA will release the requested information on the date
specified. Such release shall be deemed to be made with the Company's consent and will not be deemed to
41
~ be a violation of law, including but not limited to laws concerning trade secrets, copyright or other
intellectual property. In the event the Company breaches this Contract, then the Company hereby grants
JEA a limited license to use the Confidential Information in any reasonable way in order to mitigate JEA's
damages.
1.17.5. Conflict and Order of Precedence [JEA-C199]
The Contract shall consist of JEA's Contract or Purchase Order together with these specifications and
conditions including, but not limited to, the executed Bid Document, which sha-l1 be collectively referred to
as the Contract Documents. This Contract is the complete agreement between the parties. Parol or
extrinsic evidence will not be used to vary or contradict the express tenus of this Contract. The Contract
Documents are complementary; what is called for by one is binding as if called for by all. The Company
shall, upon discovery, inform JEA in writing of any conflict, error or discrepancy in the Contract
Documents. Should the Company proceed with the Work prior to written resolution of the error or conflict
by JEA, all Work done is at the sole risk of the Company. JEA will generally consider this precedence of
the Contract Documents in resolving any conflict, error, or discrepancy:
- Executed Change Orders / Amendments
- Contract
- Purchase Orders
- Technical Specifications and Drawings, Exhibits & Attachments
- Bid Document
- References
The figure dimensions ~n drawings shall govern over scale dimension.s. Contract and detailed drawings
shall govern over general drawings. The Company shall perform any Work that may reasonably be inferred
from the Contract as being required whether or not it is specifically called for. Work, materials or
equipment described in words that, so applied, have a well-known technical or trade meaning shall be taken
as referring to such recognized standards.
1.17.6. Cumulative Remedies [JEA-C200]
Except as otherwise expressly provided in this Contract, all remedies provided for in this Contract shall be
cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity
or otherwise.
1.17.7. Entire Agreement [JEA-C201}
This Contract contains all of the understandingll and agreements of the parties hereto in respect of the
subject matter hereof as of the Contract date. Any and all prior understandings and agreements, expressed
or implied, between the parties hereto in respect of the subject matter hereof shall be superseded hereby.
Parol or extrinsic evidence will not be used to vary or contradict the express terms ofthis Contract.
1.17.8. Expanded Definitions [JEA-C202]
Unless otherwise specified, words importing the singular include the plural and vice versa and words
importing gender include all genders. The term "including" means "including without limitation", and the
terms "include", "includes" and "included" have similar meanings. Any reference in this Contract to any
other agreement is deemed to include a reference to that other agreement, as amended, supplemented or
restated from time to time. Any reference in the Contract to "all applicable laws, rules and regulations"
means all federal, state and local laws, rules, regulations, ordinances, statutes, codes and practices.
42
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, 1.17.9. Force Majeure [JEA-C203]
No party shall be liable for any default or delay in the performance of its obligations under this Contract
due to an act of God or other event to the e"tent that: (a) the non-performing party is without fault in
causing such default or delay; (b) such default or delay could not have been prevented by reasonable
precautions; and (c) such default or delay could not have been reasonably circumvented by the non-
performing party through the use of alternate sources, work-around plans or other means. Such causes
include, but are not limited to: act of civil or military authority (including but not limited to courts or
administrative agencies); acts of God; war; terrorist attacks; riot; insurrection; inability of JEA to secure
approval, validation or sale of bonds; inability of JEA or the Company to obtain any required permits,
licenses or zoning; blockades; embargoes; sabotage; epidemics; fues; hurricanes, tornados, floods; or
strikes.
In the event of any delay resulting from such causes, the time for performance of each of the parties
hereunder (including the payment of monies if such event actually prevents payment) shall be extended for
a period of time reasonably necessary to overcome the effect of such delay, except as provided for
elsewhere in the Contract Documents.
In the event of miy delay or nonperformance resulting from such causes, the party affected shall promptly
notify the other in writing ofthe nature, cause, date of commencement and the anticipated impact of such
delay or nonperformance. Such written notice, including Change Orders, shall indicate the extent, if any, to
which it is anticipated that any delivery or completion dates will be thereby affected.
1.17.10. Hand Digging Around Treest Tree Trimmlngt Arborist Services and Tree Removal [JEA-
575}
No separate measurement and payment shall be made for hand digging around trees, tree trimming, and
provision of arborist services, but all cost shall be included in the associated item of work in the bid form.
Hand digging, tree trimming, and arborist services shall include but not be limited to all labor, equipment
and supervision required to successfully hand dig or trim tree branches where tree roots or branches may be
destroyed or injured due to the Work. Item shall include services of a certified arborist as required by the
City landscape architect to ensure minimal or no damage to tree canopy or root system. If the tree canopy
or root system is damaged, the Company, at its own expense, shall repair, restore, or replace the tree at the
direction of the arborist. The Company shall review the drawings and visit the Work area prior to the bid to
satisfy itself as to the amount of tree removal and disposal to be performed to complete the Work, IDld the
extent of tree trimming required to perform the work. All tree mitigation costs shall be borne by the City of
Jacksonville. Trees identified on the drawings for removal shall not be paid for separately, but all
associated cost for removal and disposal and subsequent compacted soil backfill replacement shall be
included in the. associated item of the work.
II
1.17.11. Headings [JEA-C204]
The division of this Contract into sections, the insertion of headings and/or index numbers and the
provision of a table of contents are for convenience of reference only and are not to affect the construction
or interpretation of this Agreement.
1.17.12. Language and Measurements [JEA-C205]
All communication between the Company and JEA, including all documents, notes on drawings, and
submissions required under the Contract, will be in the English language. Unless otherwise specified in t.~e
Contract, the US System of Measurements shall be used for quantity measurement. All instrumentation
and equipment will be calibrated in US System of Measures.
43
'I 1.17.13. Non-waiver [JEA-C207]
,
Failure by either party to insist upon strict performance of any of the provisions of the Contract will not
release either party from any of its obligations under the Contract.
1.17.14. Notices and Correspondence [JEA-C208] ***
All notices required or permitted under this Contract shall be in vvriting and shaH be deemed received if
sent by one of the following means: (a) upon receipt if delivered by hand; (b) one day after being sent by an
express courier with a reliable system for tracking delivery; (c) three days after being sent by certified or
registered fIrst class mai~ postage prepaid and return receipt requested; or Cd) upon confinned facsimile
transmission provided that a copy shall be sent by another of the foregoing means. All notices shall be
addressed by a party to the other party as follows:
In the case of JEA:
Attn: Bill Clendening, Mgr., W&S Grid Preventive Maint.
2434 N, Pearl St., Jacksonville, FL 32206
and to:
JEA
Heather Burnett, Contracts Manager
21 W. Church 81. CC-6, JacksonviJIe, FL 32202
Tn the case of Company:
Mr. Richard Taylor Howton
Insituform Technologies, Inc.
17988 Edison Ave. Chesterfield, Mo. 63005
Telephone: (636) 530-8000
Facsimile: (636) 530-8701
Either party may change its address from time to time upon prior written notice to the other specifying the
effective date of the new address.
1.17.15. Publicity and Advertising [JEA-C209)
The Company shall not take any photographs, make any announcements or release any information
concerning the Contract or the Work to any member of the public, press or official body unless prior
written consent is obtained from JEA. iliA is governed by the Florida Public Records Laws so all Contract
Documents are available for public inspection. In addition, JEA is governed by Florida Sunshine Laws and
as such, certain meetings are required to be open to the public. (~~
1.17.16. References [JEA-C2101
Unless otherwise specified, each reference to a statute, ordinance, law, policy, procedure, process,
document, drawing, or other informational material is deemed to be a reference to that item, as amended or
supplemented from time to time. All referenced items shall have the enforcement ability as if they are fully
incorporated herein.
1.17.17. Relationship of the Parties [JEA-C211l
The Company agrees that it shall perform the Work as an independent contractor and that it does not (a)
have the power or authority to bind JEA or to assume or create any obligation or responsibility, express or
implied, on JEA's part or in iliA's name, except as may be authorized by JEA under a separate written
document, Of (b) represent to any person or entity that it has such powef or authority except as may be
44
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1 authorized by JEA under a separate written document.
1.17.18. Severability [JEA-C212]
In the event that any provision of this Contract is found to be unenforceable under applicable law, the
parties agree to replace such provision with a substitute provision that most nearly reflects the original
m,tentions of the parties and is enforceable under applicable law, and the remainder of this Contract shall
continue in full force and effect.
1.17.19. Subcontracting or Assigning of Contract [JEA-C213]
Each party agrees that it shall not subcontract, assign, delegate, or otherwise dispose of the Contract, the
duties to be performed under the Contract, or the monies to become due under the Contract without the
other party's prior written consent.
The assignment of the Contract will not relieve either of the parties of any of its obligations until such
obligations have been assumed in writing by the assignee. If the Contract is assigned by either of the
parties, it will be binding upon and will inure to the benefit of the permitted assignee. The Company shall
be liable for all acts and omissions of its assignee or its Subcontractor.
1.17.20. Survival [JEA-C2141
The obligations of JEA and the Company under this Contract that are not, by the express terms of this
Contract, fully to be performed during the Term, shall survive the termination of this Contract for any
reason.
1.17.21. Third Party Agreements [JEA-557]
Unless otherwise agreed in writing by JEA. JEA shall have no obligation to enter into any third party
agreements under this Contract. Such third party agreements shall include, but not be limited to: joint
check agreements, and revocable or irrevocable letters of direction with sureties. In the event JEA agrees to
execute any suchagreement(s), then such agreement(s) shall incorporate additional language as required by
JEA's Chief Purchasing Officer.
1.17.22. Time and Date [JEA-C215]
Unless otherwise specified, references to time of day or date mean the local time or date in Jacksonville,
Fla. If under this Contract any payment or calculation is to be made, or any other action is to be taken, on or
as of a day that is not a regular business day for JEA, that payment or calculation is to be made, and that
other action is to be taken, as applicable, on or ~ of the next day that is a regulllI:' business day. Where
reference is made to day or days, it means calendar days. Where reference is made to workday, workdays,
business day, or business days, it means regular working days for JEA Procurement.
1.17.23. Time of Essence [JEA-C216J
For every requirement of this Contract, time is of the essence.
1.17.24. Use of JEA Contracts by the City of Jacksonville [JEA-C217]
Where City of Jacksonville agencies' procurement codes allow use of JEA contracts, the Company agrees
to extend any pricing and other contractual terms to such agencies.
45
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1.17.25. Waiver of Claims [JEA-C218]
A delay or omission by JEA hereto to exercise any right or power under this Contract shall not be construed
to be a waiver thereof. A waiver by JEA under this Contract shall not be effective unless it is in writing
and signed by the party granting the waiver. A waiver by a party of a right under, or breach of, this
Contract shall not be construed to operate as a waiver of any other or successive rights under, or breaches
of, this Contract.
The Company's obligations to perform and complete the Work in accordance with the Contract shall be
absolute. None of the following will constitute a waiver of any of JEA's rights under the Contract: approval
or payment of any progress payments or any other payments, including fmal payment; issuance of the
Certificate of Substantial Completion or Certificate of Contract Completion; any use or occupancy of the
Work by JEA; nor any correction of faulty or defective work by JEA.
2. SECTION TITLE: WORK [JEA-525]
2.1. SECTION TITLE: SCOPE [JEA-526]
2.1.1. Obligations of the Company [JEA-C396)
The Company shall provide everything necessary to successfully complete the Work except the materials
and services specifically stated in the Contnl.ct to be provided by JEA. No payments, other than those
shown in this Contract and Exhibit B, will be made to the Company for performance of any requirements of
the Contract Documents. The Company shall perform all Work in accordance with the Contract Documents
and the applicable JEA standards manuals, safety manuals, policies, accepted commercial work practices,
local, state, and federal, rules regulations and laws which may be amended from time to time. The
Company shall provide all permits, certifications, insurances, and bonds necessary or required by good
practice, except where specifically stated in the Contract to be provided by JEA.
The Company personnel shan perform all Work in a professional, efficient, and competent manner. The
Company is obligated to provide personnel possessing the skills, certifications, licenses, training. tools,
demeanor, motivation, and attitude to successfully complete the Work. The Company is obligated to
remove individuals from performing Work under this Contract when the Company recognizes an individual
to not be working in a manner consistent with the requirements of this Contract, or when JEA-notifies the
Company that JEA has determined an individual or group of individuals to not be working in a manner
consistent with the requirements of this Contract. The Company is obligated to ensure that their officers
and executives interact with JEA, JEA customers, whether direct or indirect customers of JEA., with the
utmost level of professionalism and integrity.
In the event the Company chooses to use Subcontractors, the Company is obligated to provide
Subcontractors possessing the skills, certifications, licenses, training, tools, demeanor, motivation and
attitude to successfully perform the work for which they are subcontracted. The Company is obligated to
remove Subcontractors from performing Work under this Contract when the Company recognizes that a
Subcontractor is failing to work in a manner consistent with the requirements of this Contract, or when JEA
notifies the Company that JEA has determined a Subcontractor is failing to work in a manner consistent
with the requirements of this Contract.
The Company is obligated to ensure that sufficient supervision of the Work is provided. This includes
ensuring that the Company Supervisor is at the Work Location when Work is being performed.
The Company shall bear sole responsibility for the efficiency, adequacy and safety of the performance of
the Work, including temporal)' Work and facilities, until Acceptance. The Company shall be solely
responsible for any loss or damage to materials, tools, labor, and equipment used during the performance
. -
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I of, or in cOll?ection with, the Wark. Any JEA comments or approval regarding the Company's
performance, materials, working force, or equipment will not relieve the Company of any responsibility.
2.2. SECTION TITLE: LOCATION [JEA-S27]
2.2.1. Work Location [JEA-C460] www
Work shall be perfonned at the following location(s): within the Rights-of-Way in JEA's service area.
2.3. SECTION TITLE: TECHNICAL SPECIFICATIONS [JEA-S28]
2.3.1. 111 Water Service Replacement [JEA-C397}
Intentionally left blank.
2.3.2. Applicable Water & Sewer Standards, Details and Materials [JEA-C398]
All Work shall be done in accordance with the January I, 2005 Edition of JEA Water & Sewer Standards,
Details & Materials (including latest revisions dated April 1, 2006). The JEA Water & Sewer Standards,
Details & Materials manual may be obtained from the JEA Bid Section, Tower Lobby, Suite 103.
2.3.3. Dewatering [JEA-560]
If the Company encounters groundwater, the Company shall be responsib Ie for utilizing a dewatering
system(s) to remove water from the excavations. Prior to beginning any dewatering, the Company shall
submit a dewatering plan to the Contract Administrator for review and approval The Company shall
comply with all sampling requirements listed in Florida Department of Environmental Protection (FDEP)
Dewatering Regulations (62-621.300(2) F.A.C.) before any dewatering can begin.
Once the sampling analysis is complete, the sample(s) results shall be submitted to the Contract
Administrator for review and submittal to FDEP. If the sample analysis fails to meet FDEP water quality
standlU'ds, no dewatering can proceed without further instruction from the Construction Administrator.
Additionally, prior to any dewatering, the Company shall apply for a St. Johns River Water Management
District (SIR WMD) Generic Permit for Short Term Dewatering, and comply with all SJRWMD
requirements.
r. . .
If the above requirements are not followed, the Company shall be held liable for any rmes and/or VIolations
incurred by JEA.
2.3.4. Drainage Along Rights-of-Way [JEA-C400]
The Company shall so conduct its operations and maintain the Work in such condition that adequate
drainage shall be in effect at all times. The Company shall not obstruct existing gutters, ditches and other
runoff facilities.
2.3.5. Earthwork [JEA-C401} ww,,"
Suitable Material
The Company shall stockpile all material encountered during regular excavation that the JEA Engineer
determines is suitable for use as backfill material. JEA will not make separate payment for the use of
backf'lll m\lterial obtained on the Work from regular excavation. Excess material shall become the property
of the Company and shall be disposed of appropriately outside the right-of-way.
47
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Unsuitable Material
All material enoountered during regular excavation that the Geotechnical Engineer determines is unsuitable
for use as backfill shall become the property of the Company and the Company shall remove and dispose of
it properly. 'Where unsuitable material is to be replaced, suitable material obtained elsewhere on the Work
area shall be used as backf1l1 at no additional cost. In the event there are not sufficient quantities of
stockpile suitable material available, Class A-3 sand shall be used as specified below for A-3 SoU Backfill.
Except as specified below for A-3 Soil Backfill, JEA will not make separate payment for replacement
material used to construct the stabilized sub-base.
A-3 Soil Backfill
If there is not enough suitable material obtained from regular excavation to use as backfill, then the
Company shall import A-3 soil to the Work area to meet the need for fill and backfill as directed by JEA or
the City of Jacksonville. The Company shall provide JEA test results for both stockpiled material and
imported material to indicate that the materials meet the minimum standards established by the
Geotechnical Engineer for this project. JEA will pay the Company at the Contract Unit Price for A-3 soil
for the importation and placement of the soil and sand. JEA will not pay the Company for A -3 soil backfill
when suitable material from regular excavation will become available, but at the time required, is not
available, due to the Company's sequence of work. Measurement of A-3 soil backfill shall be based on
actual trench section dimensions and in accordance with Section 801, Item 4.5 of the JEA January 1,2005
edition of JEA Water and Sewer Standards, Details and Materials Manual, as amended, unless otherwise
specified in the Contract Documents.
2.3.6. Mailboxes [JEA-C408J
The Company shall carefully remove and relocate mailboxes affected by construction operations to allow
for uninterrupted mail service. All temporarily relocated mailboxes shall be reinstalled permanently as
soon as construction operations allow. The condition of the reinstalled mailboxes shall be at least equal to
the original facility, as directed by JEA. No additional payment shall be made for removal, relocation or
reinstallation of mailboxes. All costs shall be included in the associated line item in the Bid Document.
2.3.7. NPDES Permit Conformance [JEA-5591
Company shall comply with the State of Florida Department of Environmental Protection (FDEP)
Document No. 62-621-300(4)(a). A copy may be downloaded via internet at
http://www.dep.state.fl.us/water/stormwater/npdes/permitsjorms.htm and is also attached to this section.
The NPDES permit program requires that if the construction activities disturb an acre or greafer of land,
then the Company must submit the Notice of Intent (NOl) to use the Generic Permit for Stormwater
Discharge from Large and Small Construction Activities, FDEP Form No. 62-621.300(4)(b). By applying
for the Generic Permit, the Company is certifying that it will develop and implement a Storrnwater
Pollution Prevention Plan (SWPPP) specifically designed for each construction site. Also involved are
certain certifications, notifications, inspections and record keeping activities, The SWPPP and the weekly
inspection reports are required to be kept at the project site and available for review upon request.
The S\1/PPP must be prepared and certified by t.1.e Company prior to COlTlmencement of construction.. The
NO! will be initiated by the Company (DEP Document No. 62-621.300(4)(b)) and forwarded to the FDEP
and related fee with courtesy copy to JEA (attention: Environmental Services, 21 W. Church Street, Tower
8).
The Company shall also comply with the City of Jacksonville Ordinance 98-994-E. A SWPPP plan that
meets the minimum erosion and sedimentation control measures required by the City of Jacksonville may
be included in the Construction Drawings. However, the Company is responsible for provi.ding a 8WPPP
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i that will adhere to the requirements delineated in DEP Document No. 62-621.300(4)(a). This may require
amendment or provision of additional information and controls to the SWPPP included in the Drawings.
No separate payment shall be made for a SWPPP and its implementation, but all associated costs shall be
included in the associated item of work in the Bid Form.
The Company shall obtain all other applicable local, state, and federal permits. It is unlawful to have any
discharges that are not composed entirely of stormwater (except discharges pursuant to a NPDES permit) to
the Municipal Separate Stormwater System (MS4). Only 1,10n-contaminated water/non~turbid water shall
be transported through the MS4. Groundwater discharge (approved by the Florida Department of
Environmental Protection pursuant to 62-621.300(2)) from dewatering activities may be routed into the
stormwater system, drainage ditch, creek, river or wetland providing that erosion, and transportation of
suspended solids to the system is prevented. If contaminated soil or contaminated groundwater is
encountered, the dewatering activity shall cease immediately, and the Company shall contact the JEA
Project Manager and also FDEP at (904) 807-3300 and.
Company must complete Notice of Termination (NOT) (DEP Doc. No. 62-621.300(6), F.A.C.) within one
(1) week of final site stabilization with courtesy copy to JEA (attention: Ms Heather Burnett, 21 W. Church
Street, Tower 8). Company shall also provide copies of NOT to JEA Project Manager with fmal payment
and constroction close-out documents.
A copy ofNPDES Forms and Checklist are attached to this section.
JEA will reject any and all invoices and Application for Payments unless JEA receives a copy of the
Company's NO! and NOT that were forwarded to the FDEP. In addition, if the above requirements ate not
followed, the Company shallbe held liable for any fines andlor violations inCllIl'ed by JEA.
2.3.8. Prevention, Control and Abatement of Erosion and Siltation [JEA-C321]
The Company shall take steps and make suitable provisions to minimi7.e siltation and erosion of waterways
that may result from its operation, during the course of construction.
The Company shall make suitable arrangements, which may require the temporary construction offlumes,
boxes, or some other device(s), at the Work Location for the drainage and disposal of water. The Company
shall be responsible for protecting adjacent property to the Work Location from damage by water resulting
from its operations. The Work Location shall be returned to its original condition to the satisfaction of JEA.
The Company is cautioned that execution qr maintenance that creates turbidity and that directly or
indirectly affects the water quality of any waterway into which storm water is discharged in such a manner
as to exceed the limitations prescribed in the Florida Administrative Code, is a violation of the water
quality standards of the State of Florida. r,.
Turbidity shall not exceed 29 NTU's, above background level within 100' of the construction activity.
Costs incurred by the Company for compliance to the restrictions outlined above shall be included in the
cost of the items for which the turbidity control is required, unless a separate line item is included in the
Bid Document for turbidity controL Silt barriers shall be used at all waterway crossings or at any time
during construction that siltation or erosion may occur. The Company shall submit to the JEA Engineer, for
written approval prior to construction, the method to be used to control the turbidity. The JEA Engineer's
approval of the method to be used in no way relieves the Company of the liability in case of a citation
against JEA.
2.3.9. Sewage Spills [JEA-C334}
The Company shall minimize the amount of sewage released into excavations by notifying affected parties
of the service interruption, pre-draining affected lines, insuring pump station (non- ) operating status, etc.
The Company shall notify JEA immediately verbally, with written notification to follow.
49
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The Company shall take precautions to prevent sewage from contacting the ground. If sewage contacts the
ground, the Company shall take appropriate measures to disinfect the area of the sewage release. If pooling
sewage is observed, the Company shall vacuum remove the sewage, or remove the sewage by other means
acceptable to the JEA Representative, and dispose of the sewage in accordance with environmental and
public health regulations. The Company shall clear any sanitary systems found plugged due to this type of
pumping activity at its own expense.
2.3.10. Temporary Roadways [JEA-C341]
If the Company's operations render any street or private way unsafe, the Company shall make such repairs
or provide such temporary ways and guards necessary for the protection and safety of persons on the Work
and the public, and for the orderly maintenance of traffic.
The Company shall always provide and maintain a hard-surfaced roadway for traffic. Where temporary
detours of lanes are required, they shall be asphalt-paved by the Company. The Company m~y construct
paving section(s) appropriate to support traffic, provided the surface is smooth and the profile reasonable,
and as a minimum, consists of 1 inch of bituminous structural course over a 6-inch limerock base that was
inspected and approved by the JEA Engineer. Should any temporary pavement fail, the Company shall be
responsible for repairing it, at its own cost, before close of Work on the day notification is given. Should
the Company be unable to make such repair by close of Work, the Company shall notify the Contract
Administrator and provide an estimated time when repairs can be made. No repair tiineframes shall exceed
48 hours. Any damages, either direct or indirect, resulting from such temporary pavement failures shall be
the sole liability of the Company.
All limerock base material used for temporary pavement and constructed in proposed grassed areas shall be
completely removed and disposed of by the Company prior to final restorative grassing operations. The
area shall be backfilled with material stockpiled on the Work Location that is conducive to growth of the
plant material. All costs associated with this work shall be included in the associated line item in the Bid
Document.
2.3.11. Traffic Signage [JEA-S73]
Costs incurred by the Contractor to provide new sign age and pavement markers, or remove and replace
existing signage as necessary to accomplish the work shall not be paid for separately but shall be merged
with the cost of the associated item of work. Damaged signage shall be replaced with new signage. All
signage and pavement markers in accordance with the drawings and City Traffic Engineer's requirements.
2.3.12. Tree Protection [JEA-C345)
".
The Company sh.all protect all trees, in accordance with applic&ble city and county laws, from damage by
vehicles, equipment and machinery, except those trees designated for removal (via permit) on the
construction drawmgs. Removal of any tree not so designated nor permitted, shall be only upon specific
approval by the JEA Engineer.
Excavated dirt shall not be piled around the base of any tree not designated for removaL The Company
shall not bury or bum any refuse around or near the trees. The Company shall proceed with caution when
excavating in the vicinity of root structure of any tree. Excavation shall be by hand if neces sary.
Roots up to 2" in diameter when severed do not require any pruning paint. Roots from 2" to 4" in diameter
must be severed with a pruning saw and painted. Roots over 4" shaU not be severed except as directed by
the JEA Engineer.
An ax or similar tool is not acceptable for pruning. The wood shall be treated with asphalt-type pruning
paint as soon as possible after pruning.
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i Prior to any site disturbance, barriers shall be put up around each tree to be protected. These barriers shall
be constructed of 2 x 4's or any other practical materials that will discourage disturbance near the tree. To
conform to applicable city and county laws and codes, these barriers should be at le.~st 6' away from the
trunk of the tree and protect an area that is at least 50% of the unpaved area covered by the crown spread of
the tree. When conditions permit, barriers are to be placed in such a manner as to provide the largest
undisturbed area possible.
Cutting tree roots shall be kept to a minimum and only allowed when absolutely necessary. In such
instances the Company shall ensure thRt all cuts are made clean with a saw, free of all loose soil, and sealed
with pruning paint or shellac. At no time shall roots be pulled, ripped or cut with a blade, backhoe or other
mechanical device. Additional fill under the CroWD spread of trees shall be kept to a minimum. If
additional fill is unavoidable, all fill material shall consist of clean, coarse sand or gravel, free of silt and
clay to allow for free movement of air and water. Lowering the grade under the crown spread of trees will
not be permitted,
Should branches require pruning to provide for roadway or other necessary clearance, they shall be cut
back to a main stem or crotch of the tree. All cuts shall be made at the bench coI1ai" to allow the natural
healing process of the tree to occur. To further promote the natural healing process, no pruning paint or
other material shall be applied to pruning cuts.
If a tree is wounded during construction, all bark surrounding the wound shall be cut away and carefully
removed. Care shall be taken.to leave as much cambium as possible.
Any tree whose root system has been disturbed or damaged must be properly fertilized to aid in its
recovery. The hole or punch-bar method shall be used for applying fertilizer. The holes should be
approximately 12" to l8" deep, 1" to 2" in diameter, 2' apart, and extend 2' past the drip line of the tree.
The Company shall not apply fertilizer within 1 foot of the trunk of a small tree (up to 6" in diameter) or
!i within 3' of the trunk of a large tree (over 6" in diameter). Injury to the root collar and trunk base may
result. The type of fertilizer to be used shall be 25% organic 8-8-8 with minor elements included.
Chemical analysis as follows: Total Nitrogen, not less than 8.00%, available Phosphoric Acid, not less
than 8.00%, water soluble potash, not less than 8.00%. Fertilizer shall be applied at the following rates and
shall be evenly distributed among the holes:
Hardwoods up to 6" Dia. 2 lb. per inch of Dia.
Hardwoods over 6" Dia. 4 lb. per inch of Dia. .
Evergreens up to 6" Dia. 1 lb. per inch of Dia.
Evergreens over 6" Dia. 2 lb. per inch of Dia.
2.3.13. Paving Removal and Replacement J'J'
Add the following to Section 801, Items 9.1 and 9.2. Pavement removal and replacement shall be based on
a maximum asphalt sawcut width of 6' (3' -maximum trench width) and shall adhere to the COJ Pavement
Repair Details referenced in the Bid Item. Pavement settlement will be inspected 11 months after
installation. Areas experiencing 112" or more total dip in any cross section shall be considered a defect, and
shall be corrected as directed by JEA.
2.3.14. Sewer Lateral Piping - Remove and Replace
Add the following to Section 801, Item 16.4: When practical, the service lateral pipe shall be installed by
tunneling under the curb and sidewalk to minimize replacement work.
2.3.15. Sewer Piping Remove and Replace Through Point Repairs
Add the following to Section 801, Item 16.2: Payment for a point repair and/or obstruction removal will be
by sewer diameter, divided into 4' depth intervals and payment made for each point repair performed.
Example: 6" -10" and shall include an allowance for 6' length of pipe. Lengths beyond 6' shall be paid
per the linear foot within the depth interval. 12" -18" sewer pipes shall include an allowance for 10'
51
}
length of pipe. Lengths beyond 10' shall be paid per the linear foot within the depth interval. All repair
cla.mps, fittings, and street repair are included with the task. Payment shan be per the unit prices set forth.
Pam: repairs for pipe sizes greater than 18" shall be bandIed by Supplemental Work Authorization. Point
repaU's developing as a result of the cleaning operation, shall be the full responsibility of the CIPP
Contractor. In the event the Contractor cannot correct the problem in a timely manner, JEA will coordinate
the repair and shan issue a back charge to the Contractor.
2.3.16. Contingency Items
Bid Line Items are included herein to obtain unit prices to perform the work under contingency, should it
be encountered during the performance ofthe Work. JEA is unaware of the existence of these conditions at
this time, but shall exercise the unit prices as required.
2.3.17. JEA Fixed Price Items
A unit price allowance is included in the Bid Form for select line items. These fIxed prices reflect usual
and customary fees paid for these items on JEA projects. The unit price allowance shall constitute full
compensation for the items of work.
2.3.18. General Conditions
Contract Lump Sum Price shown for General Conditions on the Bid Form shall be compensation to
complete the Work as required.in the General Conditions and/or Special Conditions that are not paid for
separately. Payment of the Lump Sum Price shall only be made for the percentage of Work completed.
The percentage as indicated on the Bid Form, shall be the maximum percentage oftbe associated subtotal.
2.3.19. Sewage Spills
The JEA recognizes that sewage may be released from pipes in the course of performing the Work.
Contractor shall minimize the amount of sewage released into excavations by notifying affected parties
(homeowners or businesses) of the service interruption, pre-draining affected lines, insuring pump station
(non) operating status, etc. Contractor shall take precautions to prevent sewage from contacting the
ground. If sewage contacts the ground, Contractor shall take appropriate measures to disinfect the affected
area where the sewage release occurred. When pooling sewage .is observed, Contractor shall vacuum
remove the sewage or remove the sewage by other means acceptable to the JEA Inspector and dispose of
the sewage in accordance with environmental and public health regulations. This can include PUIpping to
the nearest available sanitary manhole. Sanitary systems found plugged due to this type of pumping
activity shall be cleaned at the Contractor's expense.
Contractor shall inform the JEA Inspector of spills which contact the ground estimated to be in excess of
five gallons. Spills of less than five gallons which contact the ground shall be noted in the Contractor's
field log book. Notification of Inspector does not mitigate Contractor's responsibility to takc;y'tCorrective
action. If JEA is tmed as a .result of a sewage spill associated with the Work, JEA may require Contractor
to reimburse JEA for the fme amount.
2.3.20. Response time
The Contractor shall have a representative available to meet with JEA within (4) Hours notice to initiate an
action plan for emergencies. As directed by JEA, the Contractor shall mobilize with manpower,
equipment, and materials to perform most emergency work within 24 hours of the initial meeting.
3.1. Special Conditions
3.1.1. Special Conditions are attached as Exhibit C and incorporated herein by reference.
,.. "
-~- --- ---
:~
~
IN WITNESS WHEREOF, the parties hereto have duly executed this Contract, in duplicate, the day and year first
above written.
A TIEST:
INSITUFORM TECHNOLOGIES, INC.
B~B~#~
N e: 00 n n 5 m Ii" h. Name: H . u a I 0;- T h 0 mas
T . ContractTn9 !'lnci ~H...s.tJng Title:vpsp.....,I...1 Pl"'nJ""+"
Officer
ATTEST:
~\U
Name:
Title: '~ellther Bumett
'~an8ger, Procurement lionuactll
I hereby certify that the expenditure contemplated by the foregoing Amendment has been duly authorized, and
provision has been made for payment of the monies provided therein to be paid.
By:~ ?y,",_v~ c: ~~ I~ P\ wew:l clo::te. 'i/ tZ!b-l
Di~ector Budget Services (\-w OAIJ- .~ Z
Contract No. 82768 Q..R ,~ BZ-r LP13
F~~
-----Office of General Counsel ~
53
h _. - ...... .,-~-- ..----
Item Sese SC Est, Units Description UNIT TOTAL Unit i
NO, NO, QTY PRICE PRICE i
1 6.9,8 1 LS Teallna Allowance S25 000.00 $25 000.00 ;
/ ,
Furnish and Install a' CJP? I1nlng, 6,0 $26.80 $ 107,200.00 I
2 96U 4000 LF mm thick ,
.; Furnish and Install 10' CJPP I1ning 8.0 $31 .20 62,400.00 I
3 961.1 2000 LF mmttllck $
!
FurnIsh and Inlltall12' OlPP lining, 6.0 $32.79 65,400.00 f
4 981,1 2000 LF mm thick S i
i
V FurnIsh and Inslall15' OIPP lining, 7,5 $42.50 42,500.00 I
5 981.1 1000 LF mm thIck S
i
FurnIsh and Inslal1iS' OIPP I1nlng. 7.5 $47.90 $' 23,950.00 ;
6 ge1,1 500 LF mm thick
V Furnish and Install 18' el?? IInl~g, 9,0 $4b,90 93',800.00 !
7 961.1 2000 LF mm thIck $
u= Furnrsh and install 20' Ol?? lining, 9.0 $59.20 29,600.00
i 6 961.2 500 mm thick $
,
j Furnish and Install 21' CIPP lining, 9.0 $61 .80 30,900.00
9 961.2, ' 500 LF mm thick $
I
I FurnIsh and Install 24' CIPP lining, 9.0 $61, .50 61,500.00 ;
10 961.2 1000, LF mm thick $
Furnish and Instan 30' CIPP lining, 12.0 $94.1 0 $ 1+7,050.00 i
11 961.2 500 , LF mm thick
i
,Furnish and lnstsll 38' CIP? Ilnlng, 13.5 $117.90 58,950.00
12 961.2 500 LF mm thick $
Furnish and Install 42" elFP <<rUng, 13.5 $126.10 63,050.00
13 981.2 500 LF mm Ihlck $.
i
Furnish and insta1l4S' CIFP Unlng, 15.0 $173.40 86,700.00
14 961.2 500 LF mm thick $
j
Furnish and Instafl54: CIP? lining, 21.0 $238.60 119,300.00
15 961.2 500 LF mm thIck $ i
PIpe BUl"1l11ng 3" . 4" Service Lateral to ( r
,4.5" 00 SDR 19, HDPE (0' -4' Deep) i
3' - 8' Sewer Service Lateral to 4,5", i I
I
6.625", 1i.0S' 00 SOR 19, HOPE or 6" I I $
or S' PVC SDR35 Confonnlng to ASTM $36.00 1,600.00
16 931 50 LF . D30~74(~IOeDths\
! I i
AdjusllResel Manhole Framlil and 32' i $690.00 I S 690.00
22 966 1 EA Dla Cover Ua to One Faat
I
AdjustJReset Manhole Frame and 32' $186.00 186..00
23 962 1 VF Dls Cover (IIem 231. ElCC8SS Over Foot $
Lateral Connection (DFW FlelClbfe I
Saddle to PVC) @ B" - 12" HDPE. (0' - $860.00 8,600.00 I
$ I
32 963.1 10 EA 4' Deeo)
Cured In Place PIpe (CIPP) Unit Price Construction Page 2Q of n
~ .
... __... .. ..._" ...._. .__.... ...... .._ ._ .. _0' _.... .. .-. . . .. -.... . _. -..,-.... .. --- ....----... --.- ... . . . . - .-.- ... ' .- - -. .-- -"-
,
~
,
Later.11 connection (DFW Flexible
Saddle to PVC) C S" - 12' HOPE, (4' - $1 ,065 :00 10,650.00
33 ge3.1 10 EA a' DeeD I S
. Lateral ConnecUo" (OFW Flexible
34 953.1 Sadd(e.~\ PVC) @ 8' - 12" HOPE, (a' -. $1,330.00 13,300.{)0
10 EA 12'08e . $
Lateral Connec:tlan (CFW Flexible
Saddle t~~VC) @ 8" -12" HOPE. (12' $1,600.00 16.000.00
35 963.1 10 EA -111'Oel . S
Lateral ConneeUon (OFW Flexible
Seddle Ie HOPE) @ 8' - 12' HOPE, (a' $855.00 8.550.00
36 963.2 10 EA - 4' Oeeol , $
lateral Connection (OFW FllI/xlbl,
Saddle Ie HOPE) @ S' - 12' HOPE. (4' $1,065.00 10.650'.QO.
37 963.2 10 EA - S' Dee'" S
Lateral ConnectiOn (OFW FlexIble
Saddle Ie HOPE) @ 8' - 12' HOPE, (6' $1.330.00 13,300. .00 I
38 963.2 10 EA -12' DeeDI . S
lateral Connection (OFW Flulble
Saddle t~~Of'E) G S' -12' HOPE, (12' .51.600.00 16.000.00
j. 39 963 10 EA - 16' Dee . $
Reconnect exIst/no services using $175.00 8.750.00
44 963.3 . 50 EA I'llboUc Internal cutter S
45 963.4 25 EA Hammer TaD Ramoval 5210,00 S 5,250.00
Laterel ;~nn'dIon Deemed Inactive (0' $760.00 ' s . 3,BOO.OO
415 e64 5 EA - 4' Dee
Lateral ~nnlcllon Deemed Inacllve (4' $1,065.00 S 5,32.5.00
47 964- 5 EA -S'Oee '
Laterel C:.~n'cUon Deemed lnecllve (S' $1.220.00 S 6.100.00
48 . 964 5 EA - 12' Dee .
Lateral con~:F'onD~emed Inactive $1,540.00 7.700.00
49 984 5 EA 112'-16'Oee . S
J 50 9S5 1000 LF CCTV and Wahl Clean S' - 21' Ola nlDe $3.50 S 3 500.00
CCTV and light Clean 24" -54" Dla $B.50
51 9SS 1000 LF aloe' ' S B 500.00
Tubarculatlon Removal B" -12' $20.00 4.000.00
52 geS.1 200 LF Diameter S
TUberculaUon Removal. 14' -1S'
53 965.1. 200 'LF Diameter $25.00 $ 5 000.00 . -
TubeI'CulaUon Removal 20' - 24" iY
54 965.1 200 LF Diameter $31 .00 s 6.200.00
:ruberculaUon Removal 27" -' 42' $35.00 7.000.00
56 eS5.1 200 LF DIameter $
V- 56 966 . 1000 LF Bvolss Pum,.,j~" - 1S'.21'DIDe $18.50 $ 18.500.00
tI 59 966 500 LF ' Svoass Pllmolno . 24'.36' nine '556.00 S 28.000.00
62 ese 500 LF Svoass PumDlno. 42"-54" pipe $95.00 $ 47.500.00
68 408-4 100 CY A-3 Soli Backfill $18.20 S 1 820',00
69 408-8 1000 CY Flowabla FIll $121.10 $ 121 100.00
70 427.1 1 eA Tvee 'A' Manhole (0' - 4' 0111101 $2.625,OC $ 2,625.00
71 427.1 1 'EA Tvoe 'A' Manhole (4' 6' DeeDI $3.190.00 $ 3,190.00
72 427.1 1 EA Tvoe 'A' Manhole (S' - S' DaBDI $3,930,00 $ 3.930.00
73 427;1 1 eA Tvoe "A' Manhole (S' -10' DeeD I $4.BBo,.oq $ 4,8BO.OO
74 427.1 1 EA Tyee -6' Manhole (0' - 4' DeeD I $3,630.00 $ 3.630.00
Cured In Place Pipe (OPP) Unit Price ConslnJctfon Page 21 of 77
75 421.1 1 EA TYDe 'S' Manhole r4' - 8' De"" 1 1$4.675.00 s 4.675.00
76 421.1 1 EA Tvce 'B' Manholer 16' - 8' Delli" 1 ~S,52S.00 S 5,525.00
77 427.1 1 EA Tvoe 'B' Manhole 18' - 10' Deao) ~6 160.00 S 6.160.00
Conn,cUDn to Existing MsnholeB' ~160;00 1~600.00 I
94 427.4 10 EA Service Latersl $ ;
S.wer PillIng S" - 12". PVC (a' . 4'
95 428.1 25 LF Oe.~' ItR1 nn $ 2.025.00
Sewer Piping 6' -12", PVC (4'.8' ~106.00 2.650.00 1
96 428.1 25 LF Dee'" $ i
428.1 se~:r PIping S" - 12', PVC (8' . 12' 3 325.00
97 25 LF Dee $133.00 $
Sewer Piping 6' -:-12", 'PVC (12'- 16' 4.650.00 ,
98 428.1 25 LF Oe."\ $186.00 S I
Sewer PIpIng 14' -18", PVC (0' - 4' $101 .00 1,010.00 ,
99 428.1 10 .LF 088"\ $ "
Sew'!rPlpfng 14"-18", PVC (4'-S' $133.00 1,330.00 I
100 428.1 10 LF De..,\ S
Sewer Piping 14"..: 18", PVC (8' - 12' 1,920.00
101 428.1 10 LF DelIO 1 $192.00 $
S'~:f Plpln!;/ 14" -18", PVC (12' - 1B' $230.00 2,300.00 ,
,
102 428.1 10 LF Dee . S
: Remove & Replace S' - 12' PVC (0'.4' $1,510.00 7.550.00
103 428.2 5 EA Deeol S
Remove &.Replace S' - 12' PVC (4' - 8' $1,910.0el 9,550.00
104 428.2 5 EA Dee'" $
j
Remove & Replace B' - 12' PVC (81- $2,440.00 12.200.00 \
105 428.2 5 EA 12' Deen' .' S
I
Remove & Replace 6" - 12" PVC (12'- 1
106 428.2 5 EA 16' Deen\ $2,975.00 $ 14,875.00 i
Remove & Replace 14' -18" PVC (0'- $1.,510.00 7,550.00
107 42a.2 5 EA 4' Deeo) S
I
Remo.ve & Replace 14" -187 PVC (4'- $1,910.00 .9,550.00 i
108 42a .2 5 EA 8' Deee) $
Remove & R.eplace 14' - 18" PVC (8'- $2,4-4Q.OO 12,200.00
109 426.2 5 EA 12' DeeDl . $
.~
Remove & Replace 14' -18" PVC (12' $3,080.00 1 5 ,4-00 " 00
110 428.2 5 EA -18' Dee-~l $ ,
Remove and Replace Lateral 6" PYC
SOR35 CCn~~lTl1/ng to ASTM 03034-74 $38.00 3,800.00
111 428.4 100 LF rO'-4' DeeD' S
i
, Remove and Replace Leteral 6" PVC $45.00 4,500.00
SOR35 ConformIng to ASTM D3034-74
112 428.4 . 100 LF (4' - 8' Oaec' $ ,
I
I
Remove and Replace Lateral 6' PVC $66.00 I S 6,600.00
SOR35 ConfolTl11ng to ASTM 03034-74
113 428.4 100 LF ra' - 12' Deee' . ,
Cured in Place Pipe (crPP) Unit Price Construction Page 22 of n
.
.. ., ~'. .. - - -. .. ... ... .. --....-...- . - .- - - .-"- .. -- - ....' .... ,_ M.. ., _. ...... .. .. - -.... . ... .. . - -'
. .
\
Remove and Replace Lateral 6" PVC
428.4 ~DR35 Canf~~'l"!g to ASTM 03034-14 $83 .00 8,300.00
114 100 LF 12' -16' Dee S
115 428.6 25 LF Vard Plelna - 4" $35.00 C 875.00
116 428.6' 25 LF' Vard Plelna - 8" 'l:3R.00 8 950.00 .
111 441.1 1000 BY Soddlna I 8.00. 18 000.00
flailing Removal & Repair - Crol. Cut
& Patch .COJ SlandBrd Case X
127 490-1 750 SY Permanent PavlIment RlHIlsDlIment 165.00 $4lI 750.00
Remove and Replace Sidewalk (All
136 491-1 100 BY TV!]811 " Thickness) $82.110 $8 250.00
Remov~ and Replace Driveway (All
131 49~-2 100 Sy Tvae. & 'M1Ickness) . ssud $8580.00
. .
Remove and Replace Curb & Gutter (An
138 491-3 100 LF Tv!]e. " Thickness) - $22.00 $2200.00
~UPPlemenlal Wor!( AutharlZatlon 100,000.0
140 6.12.5 1 LS SWA) - 1100 000.00
SUBTOTAL $ 1,650,146.00
7.3.16 General Conditione (Max 5% of Total Bid) $- 24,752.19
. TOTAL BID (Subtotal Dlus General CODditio~s) $ 1 ,674,898.19
.
.'1'
Cured in Place Pipe (OPP) Unit Price Construc:tian Page 23 af n
---..--- --- , -~--
>
. .
BID FORM - CIPP Tm~SS ADD I (DEDUCT)
For each dfameter.CIPP, JEA has selected a standard thickness and will ~ the only material evaluate<:!. AddItionally, the Contractor
shall submit an add I deduct cost In the below faole for 1.5 rom incremental changes In thickness. These will not be evaluated, but
shall belmpfementad during the execution of the Contract
Units Descriotion UNIT PRICE
!
I
MM THICKER Add for each 1.5 mm dlffaranc:e from S.O !
mm tJl1ck for 8" CfP? . $ 2.00 i
MM THICKER Add for each 1.5 mm difference from S.O !
mm thick for 10' CI?P $ 2.00
MM TH1CKER Add for each 1.5 mm difference from 6.0
mm thick for 1Z' CIPP $ 2.50
MM THICKER Add for lIach 1.5 mm difference from 7.5
mm thIck for 15' CIPP $ 3.00 i
MM THICKER Add for lIaoh 1.6 mm difference (rom 7.5 I
I
mm thick for is' CIP? $ 3.00 i
MM THICKER Add (or each 1.5 mm dlffarence from 9.0
mm thick for 18' CfPP $ 4.50
MM THICKER Add (or each 1.5 mm difference from 8.0
mm thick for 20' OIPP $ 5.00
. MM THICKER Add for each 1.5 mm difference from 9.0
mm thick for 21' CIPP $ 5.50 ,
/ I )(? ~:
V MM THICKER Add for each 1.5 mm difference from 9.0 1/. to.-
mm thick for 24' CIPP $ 6.00 i 473.
MM THICKER Add for each 1.5 mm difference from 12.0 ,
mm thlck for 30" CIPP. $ 7.00
MM THICKER Add for each 1.5 mm differeryce from 13.5
mm thIck for 36" CIPP. $ B.OO
MM THICKER Add roreach 1.5 mm difference from 13.5 i
mm !hIck for4Z' OIPP $ B .06'
MM THICKER Add for each 1.5 mm difference from 15.0
mm thick for 48." OIPP $ 15.00
MM THICKER Add ror each 1.5 mm difference from 21.0
mm (hIck fer 54" CIPP $ 20.00
MM THICKER Add fer each 1.5 mm difference from 6.0
mm thIck fer S' OIP? $ 2.00
MM THICKER Add rer each 1.5 mm dIfference from 6.0
mm thick fer ~O" CIPP $ 2.00
Cured In Place PIpe (app) Unit Price Construction Page 24 of 77
.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: The trenchless technology methods being recommended are very cost effective and have the least impact
on the many communities in our downtown area that will be affected by this project. Two possible alternatives are:
. The use of conventional excavation for this project which is more expensive.
. Not takin . ~s to rehabilitate the wastewater system will continue to result in an increase in treatment and
~;nton ce co'<I and evontually ,e"ou, 'Y"'em ,epain; includ;ng fai~
o. ~<- S
. Department Head's Signature City Manager's Signature
Utilities
C -- ~e
"'Jr~ Q~ ~
- Procu e -Services
XC: f\ .lTOcurement Services
~y ~ete Mazzella
Tony Lombardi
Barb Conboy
George Peck
Dan Spooner
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
VI.-CONSENT AGENDA
ITEM 8.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 December] 6, 2008 December 1,2008 (Noon) o February 17,2009 February 2. 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3. 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2. 2009 (Noon)
X February 3, 2009 January] 9, 2009 (Noon) o April 7.2009 March J 6, 2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: To approve the purchase of playground equipment in the amount of $122,504.82 from Rep
Services, lnc. of Longwood, FL for Oceanfront, Boat Club and Palmetto Green Parks piggy-backing Palm Beach County
contract # 08-05 I IMM Playground/Park Equipment and Parts Tenn Contract with REP Services, Inc. After review by
Recreation & Parks and Procurement staff, it has been detennined that Palm Beach County complied with public contract bid
requirements equal to or which exceed Boynton Beach's requirements.
EXPLANATION: The Recreation and Parks Department began a 5-year playground replacement program in 2005. Most of
the play equipment in the City's parks was old and in questionable to unsafe condition. The Department prioritized the need
for replacement and has budgeted for the replacements in the CIP budget every year. This purchase will conclude the
replacement program.
Equipment manufactured by Landscape Structures, Inc. (LSI) and purchased through Rep Services, Inc. is chosen because the
Department is attempting to standardize the equipment and because LSI is a leader in the playground manufacturing industry
in environmental management and sustainable communities. For every product that is produced, LSI detennines the carbon
footprint created by the product and offsets it by planting trees. There will be 29 trees planted for this project. REP Services
is the only dealer for LSI in Florida.
PROGRAM IMP ACT: Replacement of the equipment will create places for safe and creative play in the parks. The
equipment is different from site to site so that children can have different play experiences. There is no impact on personnel.
FISCAL IMPACT: The cost ofthe equipment is as follows:
Palmetto Green $33,612.39 302-4232-572-64-04 RP0912
Oceanfront Park $44,352.68 302-4210-572-64-04 RP0911
Boat Club Park $44,539.05 302-421 i-572-64-04 RP0902
TOTAL $122,504.12
AL TERNA TIVES: Not to replace the equipment.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
!lrii REP SERVICES, INC. Page 1 of 2
Please make POs and contracts out to: Please mail checks to:
~! ~ Experts at Play &- Outdoor Spaces Rep Services, Inc. Rep Services, Inc.
902 Waterway Place 902 Waterway Place
Longwood, FL 32750--3573 Longwood, FL 32750--3573
Proposed City of Boynton Beach Ship To: Ocean Front Boardwalk Bill To: City of Boynton Beach
To: Parks Administration 6415 N Ocean Blvd Financial Services Department
100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 100 East E Boynton Blvd
Boynton Beach, FL 33425 Boynton Beach, FL 33425-0301
Attn: Accounts Payable
Attn: Jody Rivers Attn: Jody Rivers Phone:
Phone: 561-742-6000 Phone: 561-742-6000 Fax:
Fax: 561-742-6233 Fax: 561-742-6233 Terms: Net 30 With CREDIT APPROVAL
Project No: 4587 Project Name: Boynton Beach-Ocean Front Boardw Project Contact: Jody Rivers
Proposal No: 4587.05 Proposal Name: Ocean Front Boardwalk-Evos Project Location: 6415 N Ocean Blvd
Proposal Expires: 12/19/2008 Boynton Beach, FL 33425
Proposal Date: 11/19/2008
For Questions Call: Tricia Thomas Phone: 407-831-9658
Sales Rep: Kevin Furman Phone: 561-333-4451
E-Mail: kfurman@repservices.com Option: C Rev: 1 Input By: TT - 11/19/2008
Vendor: Landscape Structures Proj Drawings: 28418-1-2
518900 Freight: Prepaid Ship Method: Best Way FOB: Destination
Part No Qty Description Unit wt Unit Price Ext Price
Climbers EV156454A-001 1 E-POD 11 204.75 204.75
EV156452A-001 2 WOBBLE POD 122 950.25 1.900.50
Miscellaneous EV156439A-001 3 CLAMP NO FACES (0-0) 0 0.00 0.00
EV156440A-001 3 CLAMP ONE FACE'(A-A) 0 0.00 0.00
EV156460A-001 1 THE BLENDER 96 1,627.50 1,627.50
laythings EV160208A-001 1 POWER LIFTER 97 903.00 903.00
EV160209A-001 1 ACCESS POWERLlFTER 109 1.165.50 1,165.50
IP152179A-001 2 SADDLE SPINNER 40 724.50 1.449.00
Sports & Fitness EV160356A-001 1 EVOS 3 ARCH 1,183 18,616.50 18,616.50
Spring Riders IP135536B-001 1 WHIMSY RIDER DOLPHIN D.B. 82 840.00 840.00
IP135535B-001 1 WHIMSY RIDER SEA HORSE D.B. 90 887.25 887.25
Total Product: 1.992 $27,594.00
Shipping Notes: N/A
Freight Charge: $1,864.48
Landscape Structures Total: $29,458.48
Vendor: Irvine Wood Recovery proj Drawings: 28418-1-2
517720 Freight: Prepaid Ship Method: Best Way FOB: Destination
Part No Qty Description Unit wt Unit Price Ext Price
Surfacing RSI-EWF 125 Engineered Wood Fiber for Playground, per cubic yard 0 20.50 2,562.50
Total Product: 0 $2,562.50
Freight Charge: $1,60000
Irvine Wood Recovery Total: $4,162.50
Vendor: D.W. Recreation Services, Inc.
517719
Part No Qty Description Ext Price
Jstom EQUIPINSTALL 1 Installation of Evos Playground Equipment 8,830.08
EQUIPINST ALL 1 Installation of 125 cy of engineered wood fiber 1,901.62
This proposal is presented by !l~ REP SERVICES, INC. 902 Waterway Place. Longwood, FL 32750-3573
407.831.9658 (P) . 407.834.5366 (F) . 800.992.5357
~Jri Experts at Play &- Outdoor Spaces www.repservices.com . sales@repservices.com
!lrii REP SERVICES, INC. Page 1 of 3
Please make POs and contracts out to: Please mail checks to:
~,~ Experts at Play & Outdoor Spaces Rep Services. Inc. Rep Services, Inc.
902 Waterway Place 902 Waterway Place
Longwood, FL 32750--3573 Longwood, FL 32750--3573
I I . City of Boynton Beach
Proposed City of Boynton Beach i Ship To: Boat Club Park I Bill To:
To: Parks Administration I 2010 N Federal Highway Financial Services Department
100 E. Boynton Beach Blvd. I Boynton Beach, FL 33435 I 100 East E Boynton Blvd
Boynton Beach, FL 33425 I Boynton Beach, FL 33425-0301
i
!
I
I Attn: Attn: Accounts Payable
Attn: Jody Rivers Jody Rivers I Phone:
Phone: 561-742-6000 I Phone: 561-742-6000 . Fax:
Fax: 561-742-6233 i Fax: 561-742-6233 I Terms: Net 30 With CREDIT APPROVAL
I
Project No: 4594 Project Name: Boynton Beach-Boat Club Park Project Contact: Jody Rivers
Proposal No: 4594.02 Proposal Name: Boat Club Park-Playbooster & EWF Project Location: 2010 N Federal Highway
Proposal Expires: 12/19/2008 Boynton Beach. FL 33435
Proposal Date: 11/19/2008
For Questions Call: Tricia Thomas Phone: 407-831-9658
Sales Rep: Kevin Furman Phone: 561-333-4451
E-Mail: kfurman@repservices.com Option: A Rev: 1 Input By: TT- 11/19/2008
Vendor: Landscape Structures proj Drawings: 28411-1-2
518901 Freight: Prepaid Ship Method: Best Way FOB: Destination
I Part No Qty Description Unit Wt Unit Price Ext Price
Climbers PB122570A-001 1 CLIFF CLIMBER 48 DECK 137 1,097.25 1,097.25
PB148432A-007 1 CORKSCREW W/PERM 48 DECK 68 693.00 693.00
PB126273A-001 1 WAVY WEB CLIMBER 48 DECK 101 1,769.25 1,769.25
PB153165A-001 1 STATIONARY CYCLER ACCESSIBLE 22 309.75 309.75
cl<s PB111240B-001 1 BALCONY DECK WIWHEEL 122 929.25 929.25
PB152911C-004 1 CURVED TRANSFER MOD LEFT 279 1.800.75 1.800.75
PB121948A-001 1 KICK PLATE FOR 8 RISE 13 74.55 74.55
PB128980A-001 1 PLA YODYSSEY DB ONLY [WITH ROOF] 2,043 12,537.00 12,537.00
Leaming Walls PB115223A-001 1 BUBBLE PANEL ABOVE DECK 38 519.75 519.75
Miscellaneous PB111363A-001 1 TALK TUBE (NO POST) 14 320.25 320.25
PB129079A-001 1 TALK TUBE ODYSSEY 29 435.75 435.75
PB111362A-001 1 TALK TUBE 40' TUBING KIT 15 131.25 131.25
Posts PB111404H-001 1 92 ALUM. POST D.B. 23 183.75 183.75
Slides PB123336A-001 1 DOUBLE WAVE POLY SLIDE 48 DECK 175 1,685.25 1,685.25
PB122033D-001 1 SPYROSLlDE FOR 56 WI HANGER BRAC 402 3,680.25 3,680.25
Tuff Timbers IP100626A-001 36 30 GALVANIZED STAKE 4 8.14 292.95
IP119214A-001 33 TUFFTIMBER 4-FOOT 9 32.55 1,074.15
IP130799A-001 1 TUFFTIMBER ACCESS WEDGE 90 535.50 535.50
Total Product: 4,012 $28,069.65
Shipping Notes: NIA
Freight Charge: $4,600.00
Landscape Structures Total: $32,669.65
I Irvine Wood Recovery Proj Drawings: FOB: Destination I
I Vendor:
I 517644 F reig ht: Prepaid Ship Method: Best Way
i Part No Qty Description Unit Wt Unit Price Ext Price I
i
,--.~-
Surfacing RSi-EWF 40 Engineered Wood Fiber for Playground, per cubic yard 0 20.50 820.00
Total Product: 0 $820.00
Freight Charge: $800.00
Irvine Wood Recovery Total: $1,620.00
This proposal is presented by ~~ REP SERVICES, INC. 902 Waterway Place' Longwood, FL 32750-3573
407.831.9658 (P) . 407.834.5366 (F) . 800.992.5357
~J~ Experts at Play &- Outdoor Spaces www.repservices.com . sales@repservices.com
Proposal No: 4594.02 Project Name: Boynton Beach-Boat Club Park Proposal Date: 11/19/2008 Page 3 of 3
-lame Date
!i~ REP SERVICES, INC. 902 Waterway Place' Longwood, FL 32750-3573
This proposal is presented by 407.831.9658 (P) . 407.834.5366 (F) . 800.992.5357
=!~ Experts at Play & Outdoor Spaces www.repservices.com . sales@repservices.com
Proposal No: 4595.02 Project Name: Boynton Beach-Palmetto Green Park Proposal Date: 11/19/2008 Page 2 of 3
Vendor: Irvine Wood Recovery Proj Drawings:
517651 Freight: Prepaid Ship Method: Best Way FOB: Destination
Part No Qty Description Unit Wt Unit Price Ext Price
Surfacing RSI-EWF 25 Engineered Wood Fiber for Playground, per cubic yard 0 20.50 512.50
Total Product: 0 $512.50
Freight Charge: $800.00
Irvine Wood Recovery Total: $1,312.50
Vendor: D.W. Recreation Services, Inc.
517650
Part No Qty Description Ext Price
Custom EQUIPINSTALL 1 Playground Equipment 7,276.48
SITE WORK 1 450.00
D.W. Recreation Services, Inc. Total: $7,726.48
I Proposal Summary I
Product: $23,246.10
Installation: $7,726.48
Freight: $2,639.81
Proposal Total: $33,612.39
I Notes I
I
Pricing per Palm Beach County Board of Commissioners Term Contract #08051. Irvine Wood Recovery "Equipment Only" orders receive a 5% discount. No (0%)
discount on orders requesting installation. Installation is priced at 85% of equipment Ust Price.
ricing per Palm Beach County Board of County Commissioners Term Contract #08051. Landscape Structures "Equipment Only" orders receive a 4% discount.
No (0%) discount on orders requesting installation. Installation is priced at 32% of equipment List Price.
CURRENT ECONOMIC CONDITIONS RELATED TO FUEL COSTS ARE VOLATILE AND ARE AFFECTING FREIGHT COSTS. BE SURE TO PLACE YOUR
ORDER BEFORE THE EXPIRATION DATE SHOWN ABOVE TO SECURE THE PRICES ON THIS PROPOSAL.
ORDERS PLACED BASED ON THIS PROPOSAL ARE SUBJECT TO SHIP WITHIN MANUFACTURER'S STANDARD LEAD TIME. REQUESTS FOR
EXTENDED SHIPPING TIMES MAY RESULT IN ADDITIONAL COSTS, SUCH AS FREIGHT INCREASES, RAW MATERIAL COST INCREASES, ETC.
When placing an order, please select colors from those shown on the back inside cover of the catalog.
WRITTEN COLOR SELECTION AND SUPPORT OPTION (DIRECT BURY, SURFACE MOUNT, OR OTHER) MUST ACCOMPANY SIGNED PROPOSAL
OR PURCHASE ORDER.
Engineered Wood Fiber:
Drainage is extremely important to the long term performance of your playground surfacing. Consult a Landscape Architect, Engineer or qualified contractor for
information on how to achieve proper drainage on your site and beneath the play surfacing. Geotextile fabric is required as a separation layer between the wood
material and the free draining subsurface. The geotextile fabric separating the wood material from the subsurface should be free of standing water within 30 minutes
after the rain ceases. A minimum of a 12" depth of surfacing material must be maintained at all times.
... This is a natural product. Particle size, texture and color may vary due to the natural conditions of the environment.
Freight prices are subject to an energy/fuel surcharge if implemented between the time of quote and placement of order.
Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER prior to installation:
- Site security to prevent theft or vandalism of equipment.
- Water and 110 Electric.
- Underground Utilities Located and Marked prior to installation.
- Storage Location for
- Trash Dumpster to accommodate construction waste.
- Required Permitting, if applicable.
-THIS PROPOSAL DOES NOT INCLUDE THE PERMIT FEES ASSESSED BY THE BUILDING DEPARTMENT. THOSE FEES MAY RESULT IN
ADDITIONAL CHARGES.
stallation Charges on this proposal are based on NO UNFORESEEN conditions in the area. above or below the surface.
If unforeseen conditions arise, the installation charges will change to reflect additional costs associated with dealing with those unforeseen circumstances.
This proposal is presented by !lrij REP SERVICES, INC. 902 Waterway Place' Longwood. FL 32750-3573
407.831.9658 (P) . 407.834.5366 (F) . 800.992.5357
=JIi Experts at Play &- Outdoor Spaces www.repservices.com . sales@repservices.com
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2805 EVOS, Epcot Center Lake Buena Vista, Direct Bury 2751 $ 41,617
2816 EVOS, AWAYSIS Family Playground, Direct Bury 4547 $ 68,775
2807 EVOS, Hong Kong Gold Coast Hotel, Direct Bury 2521 $ 38,882
2822 EVOS, Chinle Elementary School, Direct Bury 7371 $ 116,046
2817 EVOS, Manatee Island Park, Direct Bury 2570 $ 38,467
2803 PlayBooster, Shane's Inspiration Universally Accessible Playground at Sports 20852 $ 164,679
Park, Aluminum, Direct Bury
2802 PlayBooster, Panorama Recreation Center, Aluminum, Direct Bury 9945 $ 75,427
2706 PlayBooster, W.S. Mcintosh Memorial Park, Aluminum, Direct Bury 17292 $ 148,620
2801 PlayBooster, Cerebral Palsy K.I.D.S. Center Therapy Playground, Aluminum, 6420 $ 50,238
Direct Bury
2708 PlayBooster, Westwind Lakes Park, Aluminum, Direct Bury 13977 $ 125,630
2823 PlayBooster, Canterbury Park North, Aluminum, Direct Bury 4935 $ 41 ,484
2810 PlayBooster, Forest Hill Neighborhood Park, Aluminum, Direct Bury 3017 $ 26,201
2703 PlayBooster, Yavneh Day School, Aluminum, Direct Bury 5985 $ 53,711
2811 PlayBooster, Filbert Meadows Park, Aluminum, Direct Bury 3272 $ 29,290
2809 PlayBooster, Deephaven Elementary School, Aluminum, Direct Bury 9308 $ 72,276
2704 PlayBooster, The Children's Plaza & Family Center, Aluminum, Direct Bury 7337 $ 58,095
2702 PlayBooster, South Loop Park at South Branch School, Aluminum, Direct 3492 $ 29,958
Bury
2812 PlayBooster, City Park, Aluminum, Direct Bury 9204 $ 75,512
2701 PlayBooster, SBU Park, Aluminum, Direct Bury 3000 $ 17,420
2813 Play Booster, Millisle Primary School, Aluminum, Direct Bury 3374 $ 27,027
2608 PlayShaper, ToddlerTown, Direct Bury 1380 $ 11,110
2412 PlayShaper, Clubhouse wI Square Poly Roof, Direct Bury 343 $ 3,413
2413 PlayShaper, Clubhouse wlArch Roof, Direct Bury 367 $ 4,337
2305 PlayShaper, Learning Wall, Direct Bury 379 $ 4,751
2306 PlayShaper, Infant Maze, Direct Bury 391 $ 4,179
2607 PlayShaper, Normandy Park, Direct Bury 1288 $ 11 ,004
2814 PlayShaper, Oakbrook Child Development Center, Direct Bury 3535 $ 30,531
2609 PlayShaper, Buffalo Evengelical Covenant Church, Direct Bury 1585 $ 13,731
2815 PlayShaper, Jonesboro Pre-K Center, Direct Bury 3415 $ 31,203
E~'j!<",*'r"..."""" .~ .1.>(:.
_;. ~$ ..i'J?~LB~.' .... . ~;
156456A EVOS, Slalom Glider, (Available for Direct Bury Only) 98 $ 2,163
156465A EVOS, Hang Glider, (Available for Direct Bury Only) 159 $ 1,628
160252A EVOS, BalanceWinder Climber, (Available for Direct Bury Only) 160 $ 2,961
156449A EVOS, Helix Net, (Available for Direct Bury Only) 165 $ 4,074
156912A EVOS, Web Link, (Available for Direct Bury Only) 190 $ 4,342
156461A EVOS, Crescent Climber, (Available for Direct Bury Only) 163 $ 3,040
156462A EVOS, RingTangle, with two E-Pods, (Available for Direct Bury Only) 198 $ 2,042
160253A EVOS, Overhead Explorer Parallel Bar, with (1) E-Pod 114 $ 1,197
160254A EVOS, Overhead Trekker Ladder, with (1) E-Pod 122 $ 1,313
156457A EVOS, ArcOver, with two E-Pods, (Available for Direct Bury Only) 145 $ 1,717
156463A EVOS, Bow Ladder, with four E-Pods, (Available for Direct Bury Only) 143 $ 1,911
156450A EVOS, Swiggle Stix, (Available for Direct Bury Only) 151 $ 3,801
156464A EVOS, PodStomper, (Available for Direct Bury Only) 251 $ 4,016
156459A EVOS, Gyro Twister, (Available for Direct Bury Only) 87 $ 1,302
156460A EVOS, Blender Spinner, (Available for Direct Bury Only) 96 $ 1,628
156467A EVOS, Cycler with E-Pod, (Available for Direct Bury Only) 48 $ 924
156452A EVOS, Wobble Pod, (Available for Direct Bury Only) 122 $ 950
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted For Surface Mounting. contact the LSl PresaJe
Depanment for price quote. Page 1 of 30
130800A PlayBooster Gemini SlideWinder2, 32" Deck 270 $ 2,683
130800B PlayBooster Gemini SIideWinder2, 40" Deck 296 $ 3,145
130800C PlayBooster Gemini SIideWinder2, 48" Deck 349 $ 3,413
1308000 PlayBooster Gemini SIideWinder2, 56" Deck 374 $ 3,985
130800E Play Booster Gemini SlideWinder2, 64" Deck 396 $ 4,090
130800F PlayBooster Gemini SlideWinder2, 72" Deck 458 $ 4,856
130800G PlayBooster Gemini SlideWinder2, 96" Deck, Use 182" Steel Posts Only, 532 $ 5,696
Order Separately
123333A PlayBooster Rollerslide, 40" Deck 364 $ 4,683
123333B PlayBooster Rollerslide, 56" Deck 524 $ 5,896
123337A PlayBooster Single Poly Slide, 40" - 48" Deck 94 $ 977
131437A PlayBooster Wave Single Poly Slide, 64" - 72" Deck 135 $ 1,4 70
124863A Play Booster SlideWinder2, 32" Deck 139 $ 1,271
124863B Play Booster SlideWinder2, 40" Deck 152 $ 1,439
124863C Play Booster SlideWinder2, 48" Deck 178 $ 1,622
124863D Play Booster SIideWinder2, 56" Deck 192 $ 1,806
124863E PlayBooster SlideWinder2, 64" Deck 197 $ 1,890
124863F PlayBooster SlideWinder2, 72" Deck 234 $ 2,195
124863G Play Booster SlideWinder2, 96" Deck, Use 182" Steel Posts Only, Order 269 $ 2,609
Separately
122033A PlayBooster SpyroSlide, 72" Deck 413 $ 3,885
122033B PlayBooster SpyroSlide, 72" Slide, w/Hanger Bracket, 64" Deck, Brown 434 $ 4,090
Bracket Only
122033C PlayBooster SpyroSlide, 56" Deck 381 $ 3,486
122033D PlayBooster SpyroSlide, 56" Slide, w/Hanger Bracket, 48" Deck, Brown 402 $ 3,680
Bracket Only
123340A PlayBooster Stainless-Steel Slide, 32" - 40" Deck, Poly Entrance 90 $ 1 ,407
123340B PlayBooster Stainless-Steel Slide, 48" - 56" Deck, Poly Entrance 100 $ 1,544
123340C PlayBooster Stainless-Steel Slide, 64" - 72" Deck, Poly Entrance 117 $ 1,937
139945A Play Booster Stainless-Steel Slide, 32" - 40" Deck, SteelX 130 $ 1,570
139945B PlayBooster Stainless-Steel Slide, 48" - 56" Deck, SteelX 140 $ 1,706
139945C Play Booster Stainless-Steel Slide, 64" - 72" Deck, SteelX 157 $ 2,116
126367A PlayBooster Tunnel Slide, 32" Deck, Optional View Tubes Available 160 $ 1,601
126367B PlayBooster Tunnel Slide, 40" Deck, Optional View Tubes Available 173 $ 1,706
126367C Play Booster Tunnel Slide, 48" Deck, Optional View Tubes Available 197 $ 1,974
126367D PlayBooster Tunnel Slide, 56" Deck, Optional View Tubes Available 210 $ 2,079
126367E PlayBooster Tunnel Slide, 64" Deck, Optional View Tubes Available 235 $ 2,347
126367F PlayBooster Tunnel Slide, 72" Deck, Optional View Tubes Available 248 $ 2,436
126367G PlayBooster Tunnel Slide, 96" Deck, Use 182" Steel Posts Only, Order 326 $ 3,213
Separately, Optional View Tubes Available
PlayBooster Optional 32" View Tube section (add to price of Tunnel Slide per 12 $ 331
optional section)
158425A Starburst Climber, 64" and 72" Decks, (Available for Direct Bury Only) 123 $ 1,418
146812A PlayBooster, Sky Rail Climber, 64" and 72" Decks, (64" Available for Direct 88 $ 1,019
Bury Only)
111465A PlayBooster Step Deck, 16" - 32" Deck, Brown Only 58 $ 567
125689A PlayBooster Ascending Chain, Brown Chain Only, 16" Deck 20 $ 257
125689B PlayBooster Ascending Chain, Brown Chain Only, 24" Deck 20 $ 257
130742A Play Booster Stepping Block Climber, 32" Deck Height Difference 247 $ 2,321
135344A Play Booster Block Climber, 32" Deck 154 $ 1,397
135344B Play Booster Block Climber, 40" Deck 182 $ 1,659
139491A Play Booster Block Climber, 32" Deck, SteelX 177 $ 1,607
139491B PlayBooster Block Climber, 40" Deck, SteelX 205 $ 1,885
NOTE All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for price quote. Page 3 of 30
153351C PlayBooster Chain Ladder, 64" - 72" Deck, SteelX 85 $ 872
153352A PlayBooster Chain Ladder, 40" Deck, 90 degree Tri-Deck 97 $ 992
153352B PlayBooster Chain Ladder, 48" - 56" Deck, 90 degree Tri-Deck 102 $ 1,050
153352C PlayBooster Chain Ladder, 64" - 72" Deck, 90 degree Tri-Deck 106 $ 1,097
122570A PlayBooster Cliff Climber, 48" Deck 137 $ 1,097
122570B PlayBooster Cliff Climber, 56" Deck 137 $ 1,108
122570C PlayBooster Cliff Climber, 64" Deck 157 $ 1,328
122570D Play Booster Cliff Climber, 72" Deck 158 $ 1,339
139501A Play Booster Cliff Climber, 48" Deck, SteelX 157 $ 1,297
139501B PlayBooster Cliff Climber, 56" Deck, SteelX 157 $ 1,318
139501C PlayBooster Cliff Climber, 64" Deck, SteelX 177 $ 1,544
1395010 Play Booster Cliff Climber, 72" Deck, SteelX 178 $ 1,554
143199A Play Booster Conical Climber, 72" Deck 161 $ 2,620
143199B Play Booster Conical Climber, 40" Deck 118 $ 2,111
148432A PlayBooster Corkscrew, 32" - 48" Deck 68 $ 693
148432B Play Booster Corkscrew, 56" - 72" Deck 80 $ 798
148437A Play Booster Corkscrew, 32" - 48" Deck, SteelX 89 $ 903
148437B PlayBooster Corkscrew, 56" - 72" Deck, SteelX 101 $ 1,034
143198A PlayBooster Corner Climber, 64" - 72" Deck 157 $ 2,499
145106A PlayBooster Corocord Cable Climber, SpaceLink Climber, Deck-to-Spacenet, 149 $ 3,707
72" Deck (Steel Posts Required, Available for Direct Bury Only)
145240A Play Booster Corocord Cable Climber, SpaceLink Climber, Deck-to-Spacenet, 149 $ 3,707
48" Deck (Steel Posts Required, Available for Direct Bury Only)
145109A Play Booster Corocord Cable Climber, Funnel Climber Net 112 $ 2,567
145248A Play Booster Corocord Cable Climber, Funnel Climber, Short Brace 12 $ 95
145249A PlayBooster Corocord Cable Climber, Funnel Climber, Long Brace 17 $ 116
145250A PlayBooster Corocord Cable Climber, Funnel Climber, Vertical Ladder 52 $ 504
145251A Play Booster Corocord Cable Climber, Funnel Climber, Handhold Panels 24 $ 163
148039A PlayBooster Corocord Cable Climber, Star Seeker, 72" Deck (Attaches to 133 $ 2,279
Square Decks Only, Steel Posts Required, Available for Direct Bury Only)
145107A PlayBooster Corocord Cable Climber, SpaceWalk Climber, Deck-to-Deck, 32" - 258 $ 4,788
48" Deck
145108A Play Booster Corocord Cable Climber, Manta Ray Climber, 48" Deck (Attaches 221 $ 3,533
to Square Decks Only, Steel Posts Required, Available for Direct Bury Only)
145108B PlayBooster Corocord Cable Climber, Manta Ray Climber, 56" Deck (Attaches 221 $ 3,533
to Square Decks Only, Steel Posts Required, Available for Direct Bury Only)
145108C PlayBooster Corocord Cable Climber, Manta Ray Climber, 64" Deck (Attaches 221 $ 3,533
to Square Decks Only, Steel Posts Required, Available for Direct Bury Only)
145110A PlayBooster Corocord Cable Climber, Slingshot Climber, 48" - 72" Deck 118 $ 1,937
145110B PlayBooster Corocord Cable Climber, Slingshot Climber, 56" - 64" Deck 118 $ 1,937
123293A Play Booster Cozy Climber, Brown Planks Only, 40" Deck 117 $ 1,512
123293B PlayBooster Cozy Climber, Brown Planks Only, 48" Deck 126 $ 1,638
126374A PlayBooster Cozy Climber, Brown Planks Only, 40" Deck, 90 degree Tri-Deck 158 $ 1,722
126374B Play Booster Cozy Climber, Brown Planks Only, 48" Deck, 90 degree Tri-Deck 167 $ 1,895
139500A PlayBooster Cozy Climber, Brown Planks Only, 40" Deck, SteelX 140 $ 1,722
139500B PlayBooster Cozy Climber, Brown Planks Only, 48" Deck, SteelX 150 $ 1,859
152907A PlayBooster Deck Links, 1-Step, w/Barrier 130 $ 861
152907B PlayBooster Deck Links, 2-Steps, w/Barrier 182 $ 1,260
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted For Surface Mounting, contact the LSI Presale
Department for price quote Page 5 of 30
1162470 PlayBooster Panel Vertical Ladder, Deck-to-Deck or Deck-to-Ground, 48" 67 $ 798
Deck Height Difference
116247E Play Booster Panel Vertical Ladder, Deck-to-Deck or Deck-to-Ground, 56" 73 $ 914
Deck Height Difference
116247F PlayBooster Panel Vertical Ladder, Deck-to-Deck or Deck-to-Ground, 64" 79 $ 1,019
Deck Height Difference
116247G PlayBooster Panel Vertical Ladder, 72" Deck To Ground Only 86 $ 1,160
156915A Play Booster Pod Climber, 16" Deck, with One Handhold Panel 24 $ 320
156916A Play Booster Pod Climber, 24" Deck, with One Handhold Panel 38 $ 504
156916B PlayBooster Pod Climber, 24" Deck, with One Handhold Panel and One 42 $ 567
Handloop
157427A PlayBooster Pod Climber, 32"-40" Deck, with Two Handhold Panels 65 $ 830
157427B PlayBooster Pod Climber, 32"-40" Deck, with Two Handhold Panels and One 69 $ 893
Handloop
157427C PlayBooster Pod Climber, 32"-40" Deck, with Two Handhold Panels and One 81 $ 940
Handrail
1574270 Play Booster Pod Climber, 32"_40" Deck, with Two Handhold Panels, One 85 $ 992
Handloop and One Handrail
122915A Play Booster Single Wave Climber, 48" Deck Height Difference 98 $ 1,213
122915B Play Booster Single Wave Climber, 64" Deck Height Difference 112 $ 1,260
139487A PlayBooster Single Wave Climber, 48" Deck Height Difference, SteelX 118 $ 1,418
1394878 PlayBooster Single Wave Climber, 64" Deck Height Difference, SteelX 132 $ 1,470
122913A PlayBooster Snake Climber, 48" - 56" Deck 116 $ 1,139
1229138 PlayBooster Snake Climber, 64" - 72" Deck 130 $ 1,202
126375A PlayBooster Snake Climber, 48" - 56" Deck, 90 degree Tri-Deck 153 $ 1,586
1263758 PlayBooster Snake Climber, 64" - 72" Deck, 90 degree Tri-Deck 166 $ 1,659
139490A PlayBooster Snake Climber, 48" - 56" Deck, SteelX 133 $ 1,349
1394908 PlayBooster Snake Climber, 64" - 72" Deck, SteelX 146 $ 1,407
122533A PlayBooster Spiral Climber, Brown Treads Only, 32" Deck 44 $ 567
1225338 PlayBooster Spiral Climber, Brown Treads Only, 40" - 48" Deck 59 $ 798
122533C PlayBooster Spiral Climber, Brown Treads Only, 56" - 64" Deck 75 $ 1,024
1225330 PlayBooster Spiral Climber, Brown Treads Only, 72" Deck 92 $ 1,260
116246A PlayBooster Step Ladder, Brown Steps Only, 32" Deck 101 $ 992
1162468 PlayBooster Step Ladder, Brown Steps Only, 40" Deck 116 $ 1,066
116246C PlayBooster Step Ladder, Brown Steps Only, 48" - 56" Deck 153 $ 1,229
1162460 PlayBooster Step Ladder, Brown Steps Only, 64" - 72" Deck 196 $ 1,397
139492A PlayBooster Step Ladder, Brown Steps Only, 32" Deck, SteelX 122 $ 1,208
1394928 PlayBooster Step Ladder, Brown Steps Only, 40" Deck, SteelX 137 $ 1,271
139492C Play Booster Step Ladder, Brown Steps Only, 48" - 56" Deck, SteelX 174 $ 1,439
1394920 PlayBooster Step Ladder, Brown Steps Only, 64" - 72" Deck, SteelX 217 $ 1,607
128608A PlayBooster Summit Climber, 64" and 72" Decks (64" Available for Direct Bury 101 $ 856
Only)
129453A PlayBooster Summit Climber, PlayOdyssey 72" Deck 112 $ 893
139778A Thunderhead Climber, 48" Deck to Ground, With Aluminum Posts 543 $ 3,875
1397788 Thunderhead Climber, 48" Deck to Ground, With Steel Posts 615 $ 3,875
145624A PlayBooster Vertical Ascent, 48" Deck 82 $ 751
145624B Play Booster Vertical Ascent, 56" Deck 89 $ 751
145624C PlayBooster Vertical Ascent, 64" Deck 95 $ 840
1456240 PlayBooster Vertical Ascent, 72" Deck 104 $ 840
116249A PlayBooster Vertical Ladder, Deck-to-Ground, 24" - 32" Deck 40 $ 473
1162498 PlayBooster Vertical Ladder, Deck-to-Ground, 40" - 48" Deck 48 $ 515
116249C PlayBooster Vertical Ladder, Deck-to-Ground, 56" Deck 52 $ 546
1162490 PlayBooster Vertical Ladder, Deck-to-Ground, 64" - 72" Deck 57 $ 583
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Depanment for price quote. Page 7 of 30
. '.' ',' '...... ,...1'., . .. ............_. ".' .. . .,. .' . .
.0 .. .~..__.. ." ".' " .. . . P..
119806A PlayBooster Single Beam Loop Horizontal Ladder, 123" Module, Max. 32" 113 $ 845
Decks
119979A PlayBooster Single S-Parallel Bar, Max. 32" Decks 81 $ 730
142884A PlayBooster S-Horizontal Ladder, Max. 32" Decks 186 $ 1,706
142888A PlayBooster Loop Horizontal Ladder, Max. 32" Decks 108 $ 929
111273A PlayBooster End Vertical Ladder, 116" Aluminum Posts 94 $ 814
111273B PlayBooster End Vertical Ladder, 116" Steel Posts 174 $ 772
116208A PlayBooster End Vertical Ladder, 132" Aluminum Posts, (for use wIRing 97 $ 861
Bridges)
116208B PlayBooster End Vertical Ladder, 132" Steel Posts, (for use wIRing Bridges) 192 $ 819
111353A PlayBooster Track Ride, 10' Module, No Supports, wI (2) Crossovers, Max. 16" 123 $ 1,628
Decks
112465A PlayBooster Track Ride, 18' Module, No Supports, wI (2) Crossovers, Max. 16" 174 $ 1,843
Decks
118093A PlayBoosterTrack Ride, 18' Curved, No Supports, wI (2) Crossovers, 16" 178 $ 2,163
Deck To Ground
160421A PlayBooster The Peak Natural Elements Bridge, Connects Between 32" Deck 1100 $ 4,578
and 40" Deck
136156A PlayBooster Spring Across, 16" - 32" Decks 286 $ 2,231
120211A PlayBooster Curved Bridge, 90 Degree, 8" - 72" Decks 495 $ 2,882
120689A PlayBooster Curved Bridge, C or S, 8" - 72" Decks 1007 $ 6,284
127234A PlayBooster Pod Bridge, 16"-32" Decks 303 $ 3,413
114665A PlayBooster Arch Bridge, 42" Module, Permalene Barrier 150 $ 1,433
139383A PlayBooster Arch Bridge, 42" Module, SteelX 242 $ 1,533
143677A PlayBooster Arch Bridge, 123" Module, Brown Only, w/Guardrail, Max. 40" 405 $ 2,756
Decks
143677B PlayBooster Arch Bridge, 123" Module, Brown Only, w/Barrier, Max. 72" Decks 494 $ 3,596
114373A PlayBooster Belt Bridge, 42" Module, Permalene Barrier 111 $ 1,433
120310A PlayBooster Belt Bridge, 84" Module, 24" - 48" Decks 227 $ 2,069
120624A Play Booster Belt Bridge, 123" Module, 24" - 48" Decks 279 $ 2,426
111345A Play Booster Bridge/Ramp Transition Bracket, Brown Only 21 $ 200
111346A PlayBooster Ramp ExitlWall Mount Plate, Surface Mount, Brown Only 30 $ 257
111346B PlayBooster Ramp Exit Plate, Direct Bury, Brown Only 44 $ 331
120325A PlayBooster Ramp Berm Exit Plate 30 $ 247
156230A Play Booster Bridge with Guardrails and Curbs, Bridge Plank Brown only 404 $ 2,357
156230B PlayBooster Bridge with Guardrails, no Curbs, Bridge Plank Brown only 374 $ 2,100
156231A Play Booster Bridge with Barriers, Bridge Plank Brown only 526 $ 2,725
156232A Play Booster Ramp with Guardrails and Curbs, 3-Handrails per Side (Conforms 435 $ 2,615
to ASTM & TUV Standard), Ramp Plank Brown only
156232B PlayBooster Ramp with Guardrails, no Curbs, 3-Handrails per Side, no Curbs 405 $ 2,363
(Conforms to ASTM & TUV Standard), Ramp Plank Brown only
156232C PlayBooster Ramp with Guardrails and Curbs, 2-Handrails per Side (Conforms 397 $ 2,242
to CSA Standard), Ramp Plank Brown only
156232D PlayBooster Ramp with Guardrails, no Curbs, 2-Handrails per Side (Conforms 367 $ 1,985
to CSA Standard), Ramp Plank Brown only
156233A PlayBooster Ramp with Barriers, Ramp Plank Brown only 554 $ 3,260
143194A Play Booster Clatterbridge, Corocord Cable Support System, 84" Module, 339 $ 2,310
Brown Planks Only, wiHandrails For 24" - 48" Decks
143195A PlayBooster Clatterbridge, Corocord Cable Support System, 123" Module, 476 $ 2,940
Brown Planks Only, w/Handrails For 24" - 48" Decks
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for price quote Page 9 of 30
115232A Play Booster Math Panel, Red Discs Only 54 $ 1,061
115233A PlayBooster Spelling Panel, Red Discs Only 54 $ 1,003
117146A Play Booster Gear Panel (2-Color Permalene) 122 $ 1,213
123319A PlayBooster Hour Glass Panel 66 $ 924
127681A PlayBooster Image Panel, 176 Play Blocks 73 $ 872
115225A Play Booster Puppet Panel 39 $ 368
115226A PlayBooster Puppet Panel, wlWindow 42 $ 467
111240A PlayBooster Balcony Deck, Brown Tenderdeck Only 116 $ 793
111240B Play Booster Balcony Deck, wlWheel, Brown Tenderdeck Only 122 $ 929
115228A PlayBooster Driver Panel, (2-Color Permalene) 46 $ 536
139382A PlayBooster Driver Panel, SteelX, Above Deck 88 $ 583
139382B Play Booster Driver Panel, SteelX, Below Deck 90 $ 683
115253A Play Booster Hole Panel, Ground Level Panel Only 30 $ 368
115254A PlayBooster Storefront Panel, Ground Level Panel Only 24 $ 383
115242A PlayBooster Slant Entrance Panel, 24" Diameter, Ground Level Panel Only 55 $ 714
115257 A PlayBooster Sand & Water Panel, Tan Dish Only, Ground Level Panel Only 83 $ 1,008
139378A PlayBooster Storefront Panel, Ground Level Panel Only, SteelX 38 $ 441
139381A PlayBooster Hole Panel, Ground Level Panel Only, SteelX 60 $ 415
130565A PlayBooster Table Panel, Ground Level Panel Only 55 $ 672
160694A Play Booster Handhold Panels Single Barrier w/lnfill Permalene Panel Only 32 $ 373
127953A PlayBooster Handhold Panel, 2 Panels 24 $ 184
127953B PlayBooster Handhold Panel, 1 Panel 12 $ 92
115235A PlayBooster House Panel, (2-Color Permalene) 39 $ 425
139380A PlayBooster House Panel, SteelX, Above Deck 82 $ 515
139380B PlayBooster House Panel, SteelX, Below Deck 86 $ 609
117957 A PlayBooster Periscope Panel, (2-Color Permalene) 63 $ 1,003
139379A PlayBooster Periscope Panel, SteelX, Above Deck 100 $ 1,160
139379B PlayBooster Periscope Panel, SteelX, Below Deck 103 $ 1,265
116244A Play Booster Pipe Barrier 51 $ 383
116244B PlayBooster Pipe Barrier, wlWheel 57 $ 525
117680A Play Booster Pipe Barrier, 90 degree Tri-Deck 74 $ 404
117680B PlayBooster Pipe Barrier, wlWheel, 90 degree Tri-Deck 80 $ 536
125921A PlayBooster Pipe Barrier, (For Turbo Twister Tunnel Slide) 52 $ 410
125921B PlayBooster Pipe Barrier, wlWheel, (For Turbo Twister Tunnel Slide) 58 $ 541
116245A PlayBooster Pipe Guardrail 28 $ 320
117681A PlayBooster Pipe Guardrail, 90 degree Tri-Deck 38 $ 410
111267A Play Booster Recycled Poly Wall 105 $ 572
111267B PlayBooster Recycled Poly Wall, wlWheel 111 $ 704
115231A Play Booster Tic- Tac- Toe Panel, Tan Discs Only 55 $ 903
139377 A PlayBooster Tic-Tac-Toe Panel, SteelX, Above Deck 111 $ 1 ,486
139377B PlayBooster Tic-Tac-Toe Panel, SteelX, Below Deck 113 $ 1,591
127439A PlayBooster Reach Panel, Navigator Panel, (2-Color Permalene) 28 $ 431
127440A PlayBooster Reach Panel, Trail Tracker Panel, (2-Color Permalene) 19 $ 299
128623A Play Booster Reach Panel, Curb 5 $ 68
129043A Play Booster Reach Panel, Image Panel, 75 Play Blocks 53 $ 572
135729A Play Booster Reach Panel, Periscope Panel, (2-Color Permalene) 46 $ 977
135730A PlayBooster Reach Panel, Match 3 Panel, (2-Color Permalene) 24 $ 504
135731A PlayBooster Reach Panel, Chimes Panel 31 $ 793
120314A Play Booster Wire Barrier 38 $ 420
1203148 Play Booster Wire Barrier, wNl/heei 45 $ 562
120315A Play Booster Wire Barrier, 90 degree Tri-Deck 47 $ 525
120315B PlayBooster Wire Barrier, wlWheel, 90 degree Tri-Deck 53 $ 662
125921C PlayBooster Wire Barrier, (For Turbo Twister Tunnel Slide) 38 $ 467
NOTE. All products identified above are a Direct Bury type of installation unless otherwise noted For Surface Mounting. contact the LSI Presale
Department for price quote. Page 11 of 30
129816B PlayBooster Square Peak Tile Roof, No Logo Panels 93 $ 824
130102A PlayBooster Super-Square Shingle Roof, w/Permalene Roof Cap 210 $ 1,985
130102B Play Booster Super-Square Shingle Roof, w/Poly Roof Cap 210 $ 2,326
139375A PlayBooster Square SteelX Roof 250 $ 1,885
139376A PlayBooster Hex SteelX Roof 413 $ 2,998
139464A PlayBooster Flag Pole w/Permalene Flag (for Square SteelX Roof or Hex 13 $ 184
SteelX Roof Only)
128980A PlayOdyssey Pod, Steel Only, 48" Deck w/Center Access, w/Roof, (Available 2043 $ 12,537
for Direct Bury Only)
128980B PlayOdyssey Pod, Steel Only, 48" Deck w/Center Access, no Roof, (Available 1715 $ 9,571
for Direct Bury Only)
128980C PlayOdyssey Pod, Steel Only, 48" Deck no Center Access, no Roof, (Available 1565 $ 8,999
for Direct Bury Only)
1289800 PlayOdyssey Pod, Steel Only, 72" Deck w/Center Access, w/Roof, (Available 2089 $ 12,621
for Direct Bury Only)
128980E PlayOdyssey Pod, Steel Only, 72" Deck w/Center Access, no Roof, (Available 1762 $ 9,655
for Direct Bury Only)
128980F PlayOdyssey Pod, Steel Only, 72" Deck no Center Access, no Roof, (Available 1620 $ 9,088
for Direct Bury Only)
111228A PlayBooster Square Tenderdeck, Brown Only 118 $ 641
111229A PlayBooster Square Tenderdeck, Extension, Brown Only 105 $ 609
111230A PlayBooster Square Tenderdeck, Corner, Brown Only 97 $ 593
111231 A PlayBooster Triangular Tenderdeck, Brown Only 62 $ 499
111232A PlayBooster Hexagon Tenderdeck, Brown Only 285 $ 1,822
119646A PlayBooster Triangular Tenderdeck Extension, Brown Only 51 $ 478
122197A Play Booster 90 degree Triangular Tenderdeck, Brown Only 66 $ 530
154752A PlayBooster Hexagon Tenderdeck with Extension, Brown Only 472 $ 2,835
112471A PlayBooster Transfer Step, Brown Only 57 $ 336
139083A PlayBooster Curb For 90 degree Tri-Deck 7 $ 84
152911A PlayBooster Transfer Module, To 32" Deck, Curved, Left or Right Step, Brown 195 $ 1,481
Deck Only
152911B PlayBooster Transfer Module, To 40" Deck, Curved, Left or Right Step, Brown 240 $ 1,706
Deck Only
152911C PlayBooster Transfer Module, To 48" Deck, Curved, Left or Right Step, Brown 279 $ 1,801
Deck Only
152912A PlayBooster Transfer Module, To 32" Deck, Curved, Left or Right Step, Brown 198 $ 1,659
Deck Only, SteelX
152912B PlayBooster Transfer Module, To 40" Deck, Curved, Left or Right Step, Brown 235 $ 1,885
Deck Only, SteelX
152912C PlayBooster Transfer Module, To 48" Deck, Curved, Left or Right Step, Brown 269 $ 1,964
Deck Only, SteelX
111525A PlayBooster Kick Panel, 24" Rise, 2-Color Permalene, w/2-Clamps 25 $ 273
111525B PlayBooster Kick Panel, 32" Rise, 2-Color Permalene, w/2-Clamps 32 $ 352
121948A PlayBooster Kick Plate, 8" Rise, Brown Only 13 $ 75
121948B Play Booster Kick Plate, 16" Rise, Brown Only 23 $ 116
121949A PlayBooster Kick Plate, 8" Rise, 90 degree Tri-Deck, Brown Only 13 $ 93
121949B PlayBooster Kick Plate, 16" Rise, 90 degree Tri-Deck, Brown Only 33 $ 142
126205A PlayBooster Transfer Station, Brown Only, w/Two Handbars 82 $ 662
126205B Play Booster Transfer Station, Brown Only, w/One Handbar 79 $ 593
126205C PlayBooster Transfer Station, Brown Only, no Handbars 76 $ 530
111406A Play Booster Arch For 72" Deck, Aluminum 100 $ 940
111406B PlayBooster Arch For 56" - 64" Deck, Aluminum 97 $ 908
111406C Play Booster Arch For 40" - 48" Deck, Aluminum 91 $ 872
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for pnce quote Page 13 of 30
111403E PlayBooster Post for Roofs, 150"/40" Deck, Aluminum 34 $ 236
111403F PlayBooster Post for Roofs, 142"/32" Deck, Aluminum 33 $ 231
111403G PlayBooster Post for Roofs, 134"/24" Deck, Aluminum 30 $ 221
111403H PlayBooster Post for Roofs, 126"/16" Deck, Aluminum 29 $ 215
1114031 PlayBooster Post for Roofs, 118"/8" Deck, Aluminum 27 $ 205
111403J Play Booster Post for Roofs, 11 O"/Ground Level, Aluminum 26 $ 200
122718J PlayBooster Flush Mount Post for Decks, Round Cap, 106"/72" Deck, Steel 63 $ 289
122718K PlayBooster Flush Mount Post for Decks, Round Cap, 98"/64" Deck, Steel 59 $ 278
122718L PlayBooster Flush Mount Post for Decks, Round Cap, 90"/56" Deck, Steel 54 $ 273
122718M PlayBooster Flush Mount Post for Decks, Round Cap, 82"/48" Deck, Steel 50 $ 268
122718N Play Booster Flush Mount Post for Decks, Round Cap, 74"/40" Deck, Steel 45 $ 263
1227180 PlayBooster Flush Mount Post for Decks, Round Cap, 66"/32" Deck, Steel 40 $ 257
122718P PlayBooster Flush Mount Post for Decks, Round Cap, 58"/24" Deck, Steel 36 $ 252
1227180 PlayBooster Flush Mount Post for Decks, Round Cap, 50"/16" Deck, Steel 31 $ 247
122718R PlayBooster Flush Mount Post for Decks, Round Cap, 42"/8" Deck, Steel 27 $ 236
111405J PlayBooster Flush Mount Post for Decks, Square Cap, 106"/72" Deck, Steel 63 $ 268
111405K PlayBooster Flush Mount Post for Decks, Square Cap, 98"/64" Deck, Steel 59 $ 263
111405L PlayBooster Flush Mount Post for Decks, Square Cap, 90"/56" Deck, Steel 54 $ 257
111405M PlayBooster Flush Mount Post for Decks, Square Cap, 82"/48" Deck, Steel 50 $ 252
111405N PlayBooster Flush Mount Post for Decks, Square Cap, 74"/40" Deck, Steel 46 $ 247
1114050 PlayBooster Flush Mount Post for Decks, Square Cap, 66"/32" Deck, Steel 40 $ 236
111405P PlayBooster Flush Mount Post for Decks, Square Cap, 58"/24" Deck, Steel 36 $ 231
1114050 PlayBooster Flush Mount Post for Decks, Square Cap, 50"/16" Deck, Steel 31 $ 226
111405R PlayBooster Flush Mount Post for Decks, Square Cap, 42"/8" Deck, Steel 27 $ 221
136689A PlayBooster Post for CoolToppers, Full Sail, 204"/48"Deck, Steel (60" Bury) 117 $ 273
136689B PlayBooster Post for CoolToppers, Full Sail, 212':t56"Deck, Steel (60" Bury) 120 $ 278
136689C PlayBooster Post for CoolToppers, Full Sail, 220"/64"Deck, Steel (60" Bury) 125 $ 289
154883A PlayBooster Post for CoolToppers, Single Post Shade, 264"/64" - 72" Deck, 222 $ 614
Steel (60" Bury)
154883B PlayBooster Post for CoolToppers, Single Post Shade, 248"/48" - 56" Deck, 211 $ 588
Steel (60" Bury)
154883C PlayBooster Post for CoolToppers, Single Post Shade, 232"/32" - 40" Deck" 200 $ 572
Deck, Steel (60" Bury)
154883D PlayBooster Post for CoolToppers, Single Post Shade, 220"/16" - 24" Deck, 188 $ 494
Steel (60" Bury)
154883E PlayBooster Post for CoolToppers, Single Post Shade, 200"/Ground Level - 8" 172 $ 473
Deck, Steel (60" Bury)
111404M PlayBooster Post for Decks, 148"/72" Deck, Steel 88 $ 215
111404N PlayBooster Post for Decks, 140"/64" Deck, Steel 83 $ 205
1114040 PlayBooster Post for Decks, 132"/56" Deck, Steel 78 $ 200
111404P PlayBooster Post for Decks, 124"/48" Deck, Steel 74 $ 194
1114040 PlayBooster Post for Decks, 116"/40" Deck, Steel 70 $ 189
111404R PlayBooster Post for Decks, 108"/32" Deck, Steel 65 $ 184
111404S Play Booster Post for Decks, 100"/24" Deck, Steel 60 $ 173
111404T Play Booster Post for Decks, 92"/16" Deck, Steel 56 $ 163
111404U PlayBooster Post for Decks, 84"/8" Deck, Steel 51 $ 152
111404V PlayBooster Post for Decks, 76"/Ground Level, Steel 47 $ 147
111404W PlayBooster Post for Decks, 156"/80" Deck, Steel 92 $ 252
111404Z PlayBooster Post for Decks, 182"/96" Deck (44" Bury), Steel 105 $ 294
111403K PlayBooster Post for Roofs, 182"/72" Deck, Steel 104 $ 257
111403L Play Booster Post for Roofs, 174"/64" Deck, Steel 1 00 $ 252
111403M PlayBooster Post for Roofs, 166"/56" Deck, Steel 96 $ 247
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for price quote. Page 15 of 30
.8' ,;.
. -. . - ,
~4Ji.l,> "1t~,,,.><,.::!! >J):O:\ . . .... .,', ... ... ,........... ....... .... .:.~~-,.;
123284C PlayShaper Wiggle Ladder, 48" Deck 52 $ 473
129967 A PlayShaper Horizontal Ladder, Max 16" Deck 45 $ 593
129968A PlayShaper Horizontal Ladder End Support, No Posts 21 $ 200
111348A PlayShaper Arch Bridge, 42" Long, Brown Deck Only 153 $ 1,334
131956A PlayShaper Belt Bridge, 42" Long, w/Permalene Barriers 114 $ 1,024
116098A PlayShaper Phase Kit 6 $ 158
111413A PlayShaper Ramp Exit Plate, 8" Deck-to-Ground, Brown Only 75 $ 347
138405A PlayShaper Ramp Exit Plate, 16" - 48" Deck-to-Ground, Brown Only 75 $ 347
132828A PlayShaper Ramp, w/Permalene Barrier and Handrail, Brown Deck Only (no 426 $ 2,762
Posts), Deck-to-Deck
132844A PlayShaper Ramp, w/Permalene Barrier and Handrail, Brown Deck Only (no 426 $ 2,762
Posts), Deck-to-Ground
118099A PlayShaper Wire Crawl Tunnel 91 $ 1,250
139268A PlayShaper Offset Crawl Tunnel, 8" Deck Height Difference 89 $ 908
115409C PlayShaper Crawl Tunnel, w/Entrance Panels, 90 degree Curved 104 $ 1,381
118097 A PlayShaper Crawl Tunnel, w/Entrance Panels, C-Straight 180 $ 2,237
118097B PlayShaper Crawl Tunnel, w/Entrance Panels, S-Straight 180 $ 2,237
118098A PlayShaper Crawl Tunnel, w/Entrance Panels, C-Inclined, 16" Deck Height 179 $ 2,237
Difference
118098B PlayShaper Crawl Tunnel, w/Entrance Panels, S-Inclined, 16" Deck Height 179 $ 2,237
Difference
128953A PlayShaper Crawl Tunnel, w/Entrance Panels, 28" Long, Optional View Tubes 74 $ 987
Available
128953B PlayShaper Crawl Tunnel, w/Entrance Panels, 56" Long, Optional View Tubes 103 $ 1,297
Available
PlayShaper Optional 28" View Tube section (add to price of Crawl Tunnel per 5 $ 226
optional section)
Note: No panels below 32" decks. $ -
111298A PlayShaper Mirror Panel, (2-Color Permalene) (Available for Learning Wall; 41 $ 620
Mounted 10" above the playing surface)
111300A PlayShaper Ball Maze Panel, (2-Color Permalene) (Available for Learning 55 $ 709
Wall; Mounted 10" above the playing surface)
124333A PlayShaper Hour Glass Panel (Available for Learning Wall; Mounted 10" 51 $ 961
above the playing surface)
159460A PlayShaper Ring-a-Bell Panel, (2-Color Permalene) 41 $ 798
111290A PlayShaper Tracing Panel, (2-Color Permalene) (Available for Learning Wall; 33 $ 389
Mounted 10" above the playing surface)
113211A PlayShaper Chimes Panel (Available for Learning Wall; Mounted 10" above 46 $ 824
the playing surface)
117147 A PlayShaper Gear Panel, (2-Color Permalene) (Available for Learning Wall; 112 $ 1,129
Mounted 10" above the playing surface)
123484A PlayShaper Space Travel Panel, (2-Color Permalene) (Available for Learning 50 $ 798
Wall; Mounted 10" above the playing surface)
123845A PlayShaper Braille and Clock Panel, (2-Color Permalene) (Available for 41 $ 898
Learning Wall; Mounted 10" above the playing surface)
127684A PlayShaper Match 4 Panel, (2-Color Permalene) (Available for Learning Wall; 35 $ 583
Mounted 10" above the playing surface)
127685A PlayShaper Image Panel, 176 Play Blocks (Available for Learning Wall; 63 $ 788
Mounted 10" above the playing surface)
111287 A PlayShaper Zoo Panel (Available for Learning \^Jall; Mounted 1" above the 25 $ 299
playing surface)
111288A PlayShaper Driver Panel, (2-Color Permalene) (Available for Learning Wall; 37 $ 467
Mounted 1" above the playing surface)
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted, For Surface Mounting. contact the LSI Presale
Department for price quote, Page 17 of 30
,~"~,. ~,~,.,;: . '~.:...'. .'. . ... ..... ............... .... e'';. . . .... .,;
119977 A PlayShaper Handloop 7 $ 105
139272A PlayShaper Chinning Bar, No Post 7 $ 68
111306A PlayShaper Steering Wheel, Specify Application 6 $ 137
111306B PlayShaper Steering Wheel w/lnfill Panel, Specify Application 8 $ 189
115198A PlayShaper Talk Tubes, Structure Mounted, Ground Level, Attaches Next to 12 $ 294
40" to 48" Deck Only, One Only, Order Posts Separately
115198B PlayShaper Talk Tubes, Structure Mounted, 16" Deck, One Only, Order Posts 13 $ 305
Separately
115198C PlayShaper Talk Tubes, Structure Mounted, 24" Deck, One Only, Order Posts 14 $ 310
Separately
1151980 PlayShaper Talk Tubes, Structure Mounted, 32" Deck, One Only, Order Posts 15 $ 315
Separately
115198E PlayShaper Talk Tubes, Structure Mounted, 40" Deck, One Only, Order Posts 16 $ 320
Separately
115198F PlayShaper Talk Tubes, Structure Mounted, 48" Deck, One Only, Order Posts 17 $ 331
Separately
111362A PlayShaper Talk Tube Tubing Kit 15 $ 131
Note: Order one Talk Tube Tubing Kit with two Talk Tubes; combine any height listed. $ -
111407A PlayShaper Arch Roof (Available for Learning Wall) 52 $ 431
130102A PlayShaper Super-Square Shingle Roof, w/Permalene Roof Cap (Available for 210 $ 1,985
Learning Wall)
130102B PlayShaper Super-Square Shingle Roof, w/Poly Roof Cap 210 $ 2,326
118110A PlayShaper Square Poly Roof, w/Logo Panels (Free customized name on Poly 112 $ 798
Roof Logo Panels. Limit 18 characters including spaces.) (Available for
Learning Wall)
118110B PlayShaper Square Poly Roof, No Logo Panels (Available for Learning Wall) 99 $ 730
129816A PlayShaper Square Peak Tile Roof, w/Logo Panels (Free customized name on 105 $ 898
Poly Roof Logo Panels. Limit 18 characters including spaces.) (Available for
Learning Wall)
129816B PlayShaper Square Peak Tile Roof, No Logo Panels (Available for Learning 93 $ 824
Wall)
111237A Playshaper Square Tenderdeck, Brown Only 102 $ 488
111238A Playshaper Square Tenderdeck Corner, Brown Only 92 $ 462
111239A Playshaper Square Tenderdeck Extension, Brown Only 97 $ 473
117495A Playshaper 90 Degree Triangular Tenderdeck, Brown Only 59 $ 389
139083A Playshaper Curb For 90 degree Tri-Deck 7 $ 84
153020A PlayShaper Transfer Modules, Brown Deck Only, To 32" Deck, Curved, Left or 189 $ 1,344
Right Step
153020B PlayShaper Transfer Modules, Brown Deck Only, To 40" Deck, Curved, Left or 234 $ 1,565
Right Step
153020C PlayShaper Transfer Modules, Brown Deck Only, To 48" Deck, Curved, Left or 272 $ 1,659
Right Step
121948A PlayShaper Kick Plate, Brown Only, 8" Rise 13 $ 75
121948B PlayShaper Kick Plate, Brown Only, 16" Rise 23 $ 116
121949A PlayShaper Kick Plate, Brown Only, 8" Rise, 90 degree Tri-Deck 13 $ 93
121949B PlayShaper Kick Plate, Brown Only, 16" Rise, 90 degree Tri-Deck 33 $ 142
126205A Playshaper Transfer Station, Brown Only, wlTwo Handbars 82 $ 662
126205B Playshaper Transfer Station, Brown Only, w/One Handbar 79 $ 593
126205C Playshaper Transfer Station, Brown Only, no Handbars 76 $ 530
111399A PlayShaper Arch for Decks and/or Roofs, 56"/SpyroSlide 91 $ 00'"7
VVI
111399B PlayShaper Arch for Decks and/or Roofs, 48" Deck 89 $ 872
111399C PlayShaper Arch for Decks and/or Roofs, 40" Deck 86 $ 861
1113990 PlayShaper Arch for Decks and/or Roofs, 32" Deck 82 $ 845
NOTE. All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for price quote. Page 19 of 30
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158427 A Spacenet, Starfire Spacenet Climber 1043 $ 15,225
142429A Spacenet, Mini Double Spacenet 3030/2, (Available for Direct Bury Only) 1570 $ 21,714
142432A Spacenet, Small Hexagonal Spacenet 3633, (Available for Direct Bury Only) 1029 $ 15,362
142428A Spacenet, Mini Spacenet 3030, (Available for Direct Bury Only) 968 $ 11,902
147307 A Spacenet, Seat for Space net Models 3030 and 3633 4 $ 95
147308A Spacenet, Seat for Spacenet Model 3140 6 $ 110
152754A Spacenet, Small Octa Net 4142, (Available for Direct Bury Only) 1369 $ 14,007
142427A Spacenet, Large Play Net 2360, (Available for Direct Bury Only) 690 $ 7,098
142431A Spacenet, Macro Spacenet 3140, (Available for Direct Bury Only) 1172 $ 14,963
152755A Spacenet, Tetrahedron Spacenet 2450, (Available for Direct Bury Only) 533 $ 4,951
117966A Block Climber, 9 Blocks, Direct Bury 159 $ 1,717
117966B Block Climber, 12 Blocks, Direct Bury 193 $ 1,979
117966C Block Climber, 16 Blocks, Direct Bury 251 $ 2,436
136159A Spider Web Climber, Independent CableCore Climber, Direct Bury Only 146 $ 1,853
150976A Cascade Climbers, 6-Panels, (Available for Direct Bury Only) 554 $ 3,229
150977 A Cascade Climbers, 4-Panels, (Available for Direct Bury Only) 382 $ 2,153
144477A Corocord Cable Climber, Funnel Climber, w/2 Vertical Ladders, (6) Aluminum 451 $ 5,250
Posts
144477B Corocord Cable Climber, Funnel Climber, wIno Vertical Ladders, (4) Aluminum 258 $ 3,843
Posts
144477C Corocord Cable Climber, Funnel Climber, w/1 Vertical Ladder, (5) Aluminum 373 $ 4,547
Posts
144477D Corocord Cable Climber, Funnel Climber, w/3 Vertical Ladders, (7) Aluminum 489 $ 5,954
Posts
144477E Corocord Cable Climber, Funnel Climber, w/4 Vertical Ladders, (8) Aluminum 566 $ 6,657
Posts
144477F Corocord Cable Climber, Funnel Climber, w/2 Vertical Ladders, (6) Steel Posts 694 $ 5,124
144477G Corocord Cable Climber, Funnel Climber, wIno Vertical Ladders, (4) Steel 446 $ 3,759
Posts
144477H Corocord Cable Climber, Funnel Climber, w/1 Vertical Ladder, (5) Steel Posts 570 $ 4,442
1444771 Corocord Cable Climber, Funnel Climber, w/3 Vertical Ladders, (7) Steel Posts 818 $ 5,807
144477 J Corocord Cable Climber, Funnel Climber, w/4 Vertical Ladders, (8) Steel Posts 942 $ 6,489
148041A Corocord Cable Climber, Star Seeker 398 $ 5,702
100037 A Humpty Climber, Double, Direct Bury Only 308 $ 1 ,796
100037B Humpty Climber, Single, Direct Bury Only 154 $ 940
120710A Pod Climber, 8", One Pod Only, Direct Bury 12 $ 184
120711A Pod Climber, 16", One Pod Only, Direct Bury 14 $ 189
120712A Pod Climber, 24", One Pod Only, Direct Bury 15 $ 194
120713A Pod Climber, 30", One Pod Only, Direct Bury 16 $ 200
158997 A Pod Climber, 10", One Pod Only 13 $ 184
158998A Pod Climber, 20", One Pod Only 15 $ 194
1 00038A Rainbow Climber, 4' High, Direct Bury Only 72 $ 683
100038B Rainbow Climber, 6' High, Direct Bury Only 109 $ 772
158426A Starburst Climber, Single, (Available for Direct Bury Only) 179 $ 1,208
158426B Starburst Climber, Double, (Available for Direct Bury Only) 265 $ 2,100
158426C Starburst Climber, Triple, (Available for Direct Bury Only) 361 $ 3,203
158426D Starburst Climber, Quadruple, (Available for Direct Bury Only) 442 $ 3,990
100040A Vertical Pipe Climber, 4' High, Direct Bury Only 50 $ 494
100040B Vertical Pipe Climber, 6' High, Direct Bury Only 66 $ 541
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for price quote. Page 21 of 30
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148638A Seesaw, Stand-Up Seesaw, Direct Bury 160 $ 1,570
148638B Seesaw, Stand-Up Seesaw, Surface Mount 118 $ 1,339
148636A Seesaw, 2-Seat Seesaw, Direct Bury, No Color Options On Permalene 154 $ 1,748
148636B Seesaw, 2-Seat Seesaw, Surface Mount, no Color Options On Permalene 112 $ 1,496
148637A Seesaw, 4-Seat Seesaw, Direct Bury, no Color Options On Permalene 171 $ 2,137
148637B Seesaw, 4-Seat Seesaw, Surface Mount, no Color Options On Permalene 129 $ 1,890
148706A Seesaw, Back Support, With Seat Strap 11 $ 200
148706B Seesaw, Back Support, Without Seat Strap 11 $ 163
153167A Stationary Cyclers, Accessible Stationary Cycler, Steel Post, (Available for 78 $ 473
Direct Bury Only)
160055A Stationary Cycler, Pedals Only, with Grab Bar, with Aluminum Posts 80 $ 1,034
160055B Stationary Cycler, Handles Only, with Aluminum Posts 70 $ 866
160055C Stationary Cycler, Pedals and Handles, with Aluminum Posts 88 $ 1,370
1600550 Stationary Cycler, Pedals Only, with Grab Bar, Accessible, with Aluminum 70 $ 866
Posts
160055E Stationary Cycler, Pedals Only, with Grab Bar, with Steel Posts 155 $ 998
160055F Stationary Cycler, Handles Only, with Steel Posts 146 $ 830
160055G Stationary Cycler, Pedals and Handles, with Steel Posts 163 $ 1,334
160055H Stationary Cycler, Pedals Only, with Grab Bar, Accessible, with Steel Posts 146 $ 830
123831A SuperScoop, Direct Bury Only 52 $ 656
123832A SuperScoop, Wheelchair Accessible, Surface Mount 36 $ 630
123832B SuperScoop, Wheelchair Accessible, Direct Bury 39 $ 599
121648A Track Ride, 10' Straight, Aluminum Posts, Direct Bury Only 243 $ 2,478
121648B Track Ride, 10' Straight, Steel Posts, Direct Bury Only 416 $ 2,384
121874A Track Ride, 18' Curved, Aluminum Posts and one Playstructure SeaUStep, 323 $ 3,119
Direct Bury Only
121874B Track Ride, 18' Curved, Steel Posts and one Playstructure SeaUStep, Direct 509 $ 3,029
Bury Only
121875A Track Ride, 18' Straight, Aluminum Posts, Direct Bury Only 293 $ 2,693
121875B Track Ride, 18' Straight, Steel Posts, Direct Bury Only 467 $ 2,599
100013A TuffRider, Motorcycle, Surface Mount, no Color Option 64 $ 798
100013B TuffRider, Motorcycle, Direct Bury, no Color Option 83 $ 924
100014A TuffRider, Turtle, Surface Mount, no Color Option 73 $ 651
100014B TuffRider, Turtle, Direct Bury, no Color Option 92 $ 782
100015A TuffRider, Bird, Surface Mount, no Color Option 65 $ 641
100015B TuffRider, Bird, Direct Bury, no Color Option 84 $ 767
100016A TuffRider, Horse, Surface Mount, no Color Option 63 $ 630
100016B TuffRider, Horse, Direct Bury, no Color Option 82 $ 756
100017A TuffRider, Car, Surface Mount, no Color Option 83 $ 798
100017B TuffRider, Car, Direct Bury, no Color Option 102 $ 924
100123A TuffRider, RhinoDino, Surface Mount, no Color Option 72 $ 646
100123B TuffRider, RhinoDino, Direct Bury, no Color Option 91 $ 772
100124A TuffRider, T-Rex, Surface Mount, no Color Option 62 $ 630
100124B TuffRider, T-Rex, Direct Bury, no Color Option 81 $ 756
120871A TuffRider, 2-Seat Airplane Rider, Surface Mount, no Color Option 121 $ 1,176
120871B Tuff Rider, 2-Seat Airplane Rider, Direct Bury, no Color Option 144 $ 1,271
126378A TuffRider, 2-Seat Fire Engine Rider, Surface Mount, no Color Option 130 $ 1,050
126378B TuffRider, 2-Seat Fire Engine Rider, Direct Bury, no Color Option 149 $ 1,139
157286A TuffRider, ~v~otorcycle, v./ith Torsion Spring, no Color Option, Surface Mount &:Q <t 987
vv '"
157286B TuffRider, Motorcycle, with Torsion Spring, no Color Option, Direct Bury 87 $ 1,113
157287 A TuffRider, T -Rex, with Torsion Spring, no Color Option, Surface Mount 66 $ 819
157287B TuffRider, T-Rex, with Torsion Spring, no Color Option, Direct Bury 85 $ 945
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for price quote. Page 23 of 30
157111C Swing. 5000 Series, 8'-High Beam, 2-Place. Anti-Wrap Hangers. Powdercoated Beam & Legs. 265 $ 1,208
Uncoated Chain, w/2 Belt Seats per Bay, Direct Bury
1571110 Swing, 5000 Series, 8' High Beam. 2 Place, Anti-Wrap Hangers, Powdercoated Beam & Legs, 267 $ 1,266
TenderTuff-coated Chain. w/2 Belt Seats per Bay, Direct Bury
157112A Swing, 5000 Series, Additional 2-Place Bay, 8'-High Beam, Anti-Wrap Hangers. Powdercoated 130 $ 735
Beam & Galvanized Legs, Uncoated Chain, w/2 Belt Seats per Bay, Direct Bury
157112B Swing, 5000 Series, Additional 2-Place Bay, 8'-High Beam, Anti-Wrap Hangers, Powdercoated 132 $ 794
Beam & Galvanized Legs. TenderTuff-coated Chain, w/2 Belt Seats per Bay, Direct Bury
157112C Swing, 5000 Series, Additional 2-Place Bay, 8'-High Beam, Anti-Wrap Hangers, Powdercoated 131 $ 709
Beam & Legs, Uncoated Chain, w/2 Belt Seats per Bay, Direct Bury
157112D Swing, 5000 Series, Additional 2 Place Bay, 8' High Beam, Anti-Wrap Hangers, Powdercoated 133 $ 768
Beam & Legs, TenderTuff-coated Chain, w/2 Belt Seats per Bay, Direct Bury
157113A Swing, 5000 Series, 10'-High Beam, 2-Place, Anti-Wrap Hangers, Powdercoated Beam & 298 $ 1,213
Galvanized Legs, Uncoated Chain, w/2 Belt Seats per Bay, Direct Bury
157113B Swing, 5000 Series. 10'-High Beam, 2-Place, Anti-Wrap Hangers, Powdercoated Beam & 300 $ 1,328
Galvanized Legs, TenderTuff-coated Chain, w/2 Belt Seats per Bay, Direct Bury
157113C Swing, 5000 Series, 10'-High Beam, 2-Place, Anti-Wrap Hangers, Powdercoated Beam & Legs, 301 $ 1,255
Uncoated Chain, w/2 Belt Seats per Bay, Direct Bury
157113D Swing. 5000 Series, 10' High Beam, 2-Place, Anti-Wrap Hangers, Powdercoated Beam & Legs, 303 $ 1,370
TenderTuff-coated Chain, w/2 Belt Seats per Bay, Direct Bury
157114A Swing, 5000 Series. Additional2-Place Bay, 10'-High Beam, Anti-Wrap Hangers, Powdercoated 143 $ 772
Beam & Galvanized Legs, Uncoated Chain, w/2 Belt Seats per Bay, Direct Bury
157114B Swing, 5000 Series, Additional 2-Place Bay, 10'-High Beam. Anti-Wrap Hangers, Powdercoated 145 $ 887
Beam & Galvanized Legs, TenderTuff-coated Chain. w/2 Belt Seats per Bay, Direct Bury
157114C Swing, 5000 Series, Additional2-Place Bay, 10'-High Beam, Anti-Wrap Hangers, Powdercoated 143 $ 751
Beam & Legs, Uncoated Chain, w/2 Belt Seats per Bay, Direct Bury
157114D Swing, 5000 Series, Additional 2 Place Bay, 10' High Beam, Anti-Wrap Hangers, Powdercoated 145 $ 866
Beam & Legs, TenderTuff-coated Chain, w/2 Belt Seats per Bay. Direct Bury
100050A Arch Belt Swing, 2 Place, wrrenderTuff-coated Chain, w/2 Belt Seats, Direct 222 $ 2,153
Bury
100050C Arch Belt Swing, 2 Place, Uncoated Chain, w/2 Belt Seats, Direct Bury 220 $ 2,095
111579A Arch Belt Swing, Additional 2 Place Bay wrrenderTuff-coated Chain, w/2 Belt 142 $ 1,412
Seats, Direct Bury
111579C Arch Belt Swing, Additional 2 Place Bay, w/Uncoated Chain, w/2 Belt Seats, 140 $ 1,349
Direct Bury
122837A Single Post Swing, 2 Place, w/Belt Seats, Uncoated Chain, Direct Bury 229 $ 1,019
122837B Single Post Swing, 2 Place, w/Belt Seats, TenderTuff-coated Chain, Direct 231 $ 1,082
Bury
122838A Single Post Swing, Additional 2 Place Bay, w/Belt Seats, Uncoated Chain, 145 $ 803
Direct Bury
122838B Single Post Swing, Additional 2 Place Bay, w/Belt Seats, TenderTuff-coated 147 $ 861
Chain, Direct Bury
140769A Single Post Swing, Anti-Wrap Hangers, 2 Place, w/Belt Seats, Uncoated 230 $ 1,218
Chain, Direct Bury
140769B Single Post Swing, Anti-Wrap Hangers, 2 Place, w/Belt Seats, TenderTuff- 232 $ 1,276
coated Chain, Direct Bury
140770A Single Post Swing, Additional 2 Place Bay, Anti-Wrap Hangers, w/Belt Seats, 146 $ 1,008
Uncoated Chain, Direct Bury
140770B Single Post Swing, Additional 2 Place Bay, Anti-Wrap Hangers, w/Belt Seats, 148 $ 1,066
TenderTuff-coated Chain, Direct Bury
151852A Toddler Swing Add-On, wI (1) Full-Bucket Seat, No Post 42 $ 536
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for price quote. Page 25 of 30
159882C CoolToppers Pyramid, 24' x 24', 12' Entrance Height, Direct Bury Only 1102 $ 4,746
159883A CoolToppers Pyramid, 28' x 28', 8' Entrance Height, Direct Bury Only 849 $ 5,880
159883B CoolToppers Pyramid, 28' x 28', 10' Entrance Height, Direct Bury Only 901 $ 5,948
159883C CoolToppers Pyramid, 28' x 28', 12' Entrance Height, Direct Bury Only 1172 $ 6,022
136759A CoolToppers Full Sail, Direct Bury Only 1049 $ 7,954
109694A Geotextile Fabric, (12 1/2' Wide Roll), Order an Additional 20% For 1 $ 3
Overlap/Waste, Per LF
114513A Adhesive 10.6 oz. Tube, (Approximate Coverage: 3 Tiles or Edgers per Tube) 2 $ 7
128036A Adhesive 1 gallon (Approximate Coverage: 15 Tiles or Edgers per Gallon) 10 $ 47
122868A TuffTurf Tiles (3 x 3 x 1 %"), Square 45 $ 82
122868B TuffTurf Tiles (3 x 3 x 1 W), I-Bevel 45 $ 82
122868C TuffTurf Tiles (3 x 3 x 1 %"), 2-Bevel 45 $ 82
122868D TuffTurf Tiles (3 x 3 x 1 %"), 3-Bevel 45 $ 82
122868E TuffTurf Tiles (3 x 3 x 1 %"), 4-Bevel 45 $ 82
122868F TuffTurf Tiles (3 x 3 x 1 W), Corner Bevel 45 $ 82
1 00626A 30" Galvanized Stake 4 $ 8
119214A TuffTimber Edgers, 4' Length, Black Only 9 $ 33
130799A TuffTimber Access Wedge, Black Only 90 $ 536
100105A Age Appropriate Sign, w/PlayShaper Posts, 2 - 5 Years. 42 $ 462
100106A Age Appropriate Sign, w/PlayShaper Posts, 5 - 12 Years. 42 $ 462
100103A Accessible Playground Sign, w/2 3/8" Posts 18 $ 257
100104A Age Appropriate Sign, w/PlayShaper Posts, Optional Name" 29 $ 551
1 0011 OA Accessible Playground Sign, w/o Post 3 $ 89
114483A Age Appropriate Fitness Sign, Ages 12 & Over 21 $ 273
114484A Age Appropriate Fitness Sign, Ages 5 to 12 21 $ 273
100080A Basketball Twin Rim Goal and Chain Net 18 $ 137
100081A Basketball Twin Rim Goal and Nylon Net 17 $ 131
100082A Basketball Nylon Net 1 $ 13
100083A Basketball Chain Net 3 $ 20
141730A Chain, TenderTuff-coated, 65" Long, Brown, Half Bucket Seat (8') 3 $ 25
152016A Chain, TenderTuff-coated, 29-7/8" Long, Brown, Full Bucket Seat (6') Toddler 1.5 $ 21
Swing
152048A Chain, TenderTuff-coated, 49-13/16" Long, Brown, Tire Swing, Half Bucket (7') 2 $ 24
2"Arch Swing
152050A Chain, TenderTuff-coated, 67-7/8" Long, Brown, Belt Seat (8'), Flat Seat (8') 3 $ 25
152051A Chain, TenderTuff-coated, 76-7/16" Long, Brown, Full Bucket Seat (10') 3.5 $ 29
152052A Chain, TenderTuff-coated, 90-11/16" Long, Brown, Belt Seat (10'), Flat Seat 4 $ 43
(10'), 16" Deck, Ascending Chain (Direct Bury)
152053A Chain, TenderTuff-coated, 37-1/2" Long, Brown, Full Bucket Seat (7') 2" Arch 2 $ 23
Swing
160110A Chain, TenderTuff-coated, 52-9/16" Long, Brown, Full-Bucket Seat (8') 2 $ 24
152067 A 121-1/16" Long, Brown, Rear Chain for Molded Bucket Seat (8') 6 $ 55
160112A 66-15/16" Long, Brown, Front Chain for Molded Bucket Seat (8') 3 $ 25
160307A Pivot Block with Bearing, for Molded Bucket Seat 0.03 $ 26
161505A Chain Set for Molded Bucket Seat (for 8' Beam Height) 10 $ 163
141702A Chain, Uncoated, 3/16" Galvanized Swing Chain, Per Foot 0.41 $ 2
130923A O-Ring w/Link, Brown TenderTuff-coated Only 2 $ 58
114837A Safety Inspection Kit 7 $ 158
115176A Warning Label 0 $ 0
1161 02A Safety Inspection Panel 30 $ 488
138717A TenderTuff Repair Kit (Specify Color) 0.5 $ 6
140739A Swing Hanger, Anti-Wrap Swing Hanger, (Each), 2 2/3" Pipe, Order Chain 3 $ 61
Separately
NOTE: All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for price quote Page 27 of 30
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152057A Chain, TenderTuff-coated, 76-3/4" Long, Brown, Wiggle Ladder, 56" Deck, 3 $ 40
Direct Bury
152157A Chain, TenderTuff-coated, 84-5/16" Long, Brown, Wiggle Ladder, 64" Deck, 3.5 $ 43
Direct Bury
152158A Chain, TenderTuff-coated, 92-7/8" Long, Brown, Wiggle Ladder, 72" Deck, 3.6 $ 46
Direct Bury
100740A Chain, Uncoated 1/4", Grade 40 Galvanized, 114-9/16", Clatterbridge 7 $ 39
114353A Chain, Uncoated 1/4", Grade 40 Galvanized, 68", Clatterbridge 4 $ 26
141732A Chain, TenderTuff-coated, 98-1/4" Long, Brown, 24" Deck, Ascending Chain 5 $ 47
(Direct Bury)
120976A Cable, 12-3/4" Cable, Brown, Suspension Bridge 0.5 $ 28
121484A Cable, 24" Cable, Brown, Suspension Bridge 0.5 $ 29
161315A Steps, Direct Bury 169 $ 2,100
161315B HealthBeat Balance Steps, Surface Mount 143 $ 2,205
161312A HealthBeat Cardio Stepper, Direct Bury 208 $ 4,725
161312B HealthBeat Cardio Stepper, Surface Mount 178 $ 4,515
161310A HealthBeat Squat Press, Direct Bury 173 $ 3,780
161310B HealthBeat Squat Press, Surface Mount 143 $ 3,570
161317 A HealthBeat Plyometrics, Direct Bury 246 $ 2,100
161317B HealthBeat Plyometrics, Surface Mount 208 $ 2,205
161311A HealthBeat Tai Chi Wheels, Direct Bury 125 $ 1,995
161311B HealthBeatTai Chi Wheels, Surface Mount 95 $ 1,785
161309A HealthBeat Chest/Back Press, Direct Bury 187 $ 3,780
161309B HealthBeat Chest/Back Press, Surface Mount 158 $ 3,570
161316A HealthBeat Assisted Row/Push-up, Direct Bury 146 $ 1,628
161316B HealthBeat Assisted Row/Push-up, Surface Mount 122 $ 1,575
161313A HealthBeat Pull-up/Dip, Direct Bury 136 $ 1,785
161313B HealthBeat Pull-up/Dip, Surface Mount 106 $ 1,575
161314A HealthBeat Ab Crunch/Leg Lift, Direct Bury 133 $ 1,733
161314B HealthBeat Ab Crunch/Leg Lift, Surface Mount 104 $ 1,575
161437A HealthBeat Welcome Sign, Direct Bury 86 $ 735
161437B HealthBeat Welcome Sign, Surface Mount 56 $ 525
1111.m!' . '"
... . i.', ... mJ.iP.!I9.$;
I> 111640A Contour Series Bench, 60", With Back, Surface Mount 166 $ 714
111640B Contour Series Bench, 60", Without Back, Surface Mount 71 $ 336
111640C Contour Series Bench, 60", With Back, Direct Bury 163 $ 614
111640D Contour Series Bench, 60", Without Back, Direct Bury 79 $ 326
111640E Contour Series Bench, 96", With Back, Surface Mount 259 $ 1,071
111640F Contour Series Bench, 96", Without Back, Surface Mount 110 $ 462
111640G Contour Series Bench, 96", With Back, Direct Bury 255 $ 919
111640H Contour Series Bench, 96", Without Back, Direct Bury 122 $ 452
100094A Litter Receptacle w/Recycled Polyethylene Slats and Liner, Permanent 77 $ 425
10009SA Optional Brown Dome 10 $ 116
100096A 24 Gallon Polyethylene Container 11 $ 38
141682A 32 Gallon Polyethylene Container 7 $ 36
141685A Litter Receptacle w/TenderTuff-coated Panels and Liner, Direct Bury 87 $ 368
141685B Litter Receptacle w/TenderTuff-coated Panels and Liner, Surface Mount 117 cr 3&:Q
v. .. vv
141686A Optional Cover for TenderTuff-coated litter Receptacle 16 $ 78
113139A Poly Picnic Table, 60" Table, (2) 60" Seats, Moveable 286 $ 1,008
113139B Poly Picnic Table, 60" Table, (1) 60" Seat (2) 14" Seats, Moveable 260 $ 961
NOTE. All products identified above are a Direct Bury type of installation unless otherwise noted. For Surface Mounting, contact the LSI Presale
Department for price quote Page 29 of 30
Skatewave Planning and Design Guide
Weight 2008
Model # Description Clbs. ) List Price
19512-5-1 Skatewave Skate park Idea classic 1 9230 $ 41,129
19512-6-1 Skatewave Skatepark Idea classic 2 14130 $ 63,305
19512-7-1 Skatewave Skatepark Idea classic 3 15900 $ 73,826
19512-8-1 Skatewave Skatepark Idea classic 4 17910 $ 82,509
19512-9-1 Skatewave Skatepark Idea classic 5 23860 $ 106,533
19512-10-1 Skatewave Skate park Idea classic 6 37970 $ 169,208
19512-14-1 Skatewave Skate park Idea classic 7 38450 $ 178,269
19512-2-1 Skatewave Skatepark Idea spot 1 2940 $ 10,941
19512-3-1 Skatewave Skatepark Idea spot 2 6390 $ 27,867
19512-4-1 Skatewave Skatepark Idea spot 3 7010 $ 34,304
19512-12-2 Skatewave Skatepark Idea plaza 1 7370 $ 30,450
19512-13-2 Skatewave Skatepark Idea plaza 2 17350 $ 70,245
19512-11-2 Skatewave Skatepark Idea bmx park 32050 $ 143,430
145889 Grind Rail: Straight Round Grind Rail, 10' 60 $ 441
145890 Grind Rail: Flat Grind Rail, 10', Short 70 $ 420
145891 Grind Rail: Flat Grind Rail, 10', Tall 70 $ 441
145892 Grind Rail: Flat Kinked Grind Rail 110 $ 651
146123 Grind Rail: Roller Rail 90 $ 646
146600 Grind Edge Angle, 8' 30 $ 210
146601 Grind Edge Angle, 16' 50 $ 410
155285 Grind Edge Angle, 92" 21 $ 210
146022 Street Grindbox 11X38X96 330 $ 1,061
146669 Street Grindbox 11X38X191 660 $ 2,121
146670 Street Grindbox/Ledge, 8FT Long 610 $ 2,058
146671 Street Grindbox/Ledge, 16FT Long 1210 $ 4,106
146441 Urban Series, Skate Bench 80 $ 515
146020 Street Grindbox 11X19X96 210 $ 746
146021 Street Grindbox 17X19X96 280 $ 998
146668 Street Grindbox 17X19X191 560 $ 1,995
146023 Street Grindbox 5X47X96 310 $ 1,092
146672 Street Grindbox/Ledge, 8FT Long 610 $ 2,058
146673 Street Grindbox/Ledge, 16FT Long 1210 $ 4,106
139202 Urban Series, Skate Table 680 $ 3,329
149134 STAIRS 2FT X 4FT WIDE 150 $ 882
149135 STAIRS 2FT X 8FT WIDE 300 $ 1,470
149136 STAIRS 3FT X 4FT WIDE 260 $ 1,428
149137 STAIRS 3FT X 8FT WIDE 530 $ 2,415
149213 RAILING 2FT STAIRS 30 $ 336
149214 RAILING 3FT STAIRS 40 $ 368
139194 Urban Series, Fire Hydrant 5 $ 231
139196 Urban Series, Skate Barrier 4FT 90 $ 714
139197 Urban Series, Skate Barrier 8FT 170 $ 1,407
146593 Urban Series, Skate Table 370 $ 1,932
Prices effective June 14. 2008
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TRANSMITT AL
. -~_. --~,.- -----.. .-- -. ...--.---.. ---.----.---- -~_....----
To: r\:'aryAnr~ M,:::Gee From 8i1~ Geary
---..---- -..--.-..-.. _.--- - - .--.-----.--..--.-..
Co: Pain' t~each Coun1y Purcllaslng Department Co: Rep Services Inc
',0 South Military Trail SUite 110 90~ Waterway Place
West Palm Beach FL 33415-~, 199 Long'lJood Fl 32750-]5-;-:~
~._------~-- . _._~--_.._--_.._~-------_._._..
Date: March 31 2008 Pages. Completed as requlfE-O
-----._.._---_._-----.~. .. ~.__.~- . - ._._---_._-_._.._._~---- -.--.---.- ..-
Re: BID #08-0511MM PLAYGROUND/PARK EQUIPMENT AND PARTS TERM CONTRACT
----. -----...----..... -.. ------....---------.------ -
Dear Ms. McGee
We are pleased to enclose one origtnal and two copies of the above bid contract. completed and
signed Included are Rep Services, Inc. 's list of certified installers, references. responsive certificate
of Insurance, certification of State of Florida competency, and Seminole County occupational license
Also included are three sets of all applicable manufactures' authorized dealer letters catalogs. and
pnce lists, all current until further written notice.
Landscape Structures, Inc authonzed dealer letter includes four (4) product lines. each represented
by a distinct catalog and pnce list.
DuMor. Inc 's pncmg IS incorporated Within their catalog Accompanymg this catalog. and m
accordance with the previous term contract. IS the DuMor, Inc list of Custom Products. specifically
deSigned for Palm Beach County Parks. and associate prtcmg
KeVin Furman IS our representative for Palm Beach County He 15 available at (561) 333-4451 and
kfurman(ci)repservlces com. We look forward to contmulng to provide quality products for play and
recreation areas throughout Palm Beach County
If you should have any questions please do not heSitate to contact KeVin or myself
Sincerely'
r- -'-"'__ /-...,
-:-
; _~/ 1__-- - "\ ____ "'____'./ _.. r~
Bill Geary ,
Vice PreSident
. f,' .1'17'''"1t;('" II! P/:;I '''''!J/,d tClUlnmrni.. \t1f{)tv~urf(l'jr'o Ii \~n'l-j,::;:'\hi'll"n
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Page 2
BOARD OF COUNTY COMMISSIONERS
Palm Beach County
INVITATION FOR BID
BID NO: 08-051/MM BID TITLE: PLAYGROUND/PARK EQUIPMENT AND PARTS, TERM CONTRACT
PURCHASING DEPARTMENT CONTACT: MaryAnn McGee, Senior Buyer TELEPHONE NO.. 561 616-6835
FAX NO. 561.242-6735 EMAIL ADDRESS. mmcgee@co.palm-beachflus
All bid responses must be received on or before April 3. 2008 , prior to 2:00 p.m., Palm Beach County local time.
at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing
Department. 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415-3199.
This Invitation for Bid, General Conditions. Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if
Issued). and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part
thereof The selected awardee shall be bound by all terms, conditions and requirements in these documents.
PURPOSE AND EFFECT It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein, The
selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
GENERAL CONDITIONS
1. GENERAL INFORMATION
b. DISCRIMINATION PROHIBITED: Palm Beach County is committed
Bidders are advised that this package constitutes the complete set of to assuring equal opportunity in the award of contracts and COmplies
specifications, terms, and conditions which forms the binding contract with all laws prohibiting discrimination, The successful bidder is
'letween Palm Beach County and the successful bidder. Changes to this prohibited from discriminating against any employee, applicant. or
witatlon for bid may be made 2!J!y by written amendment issued by the client because of race, color, religion, disablllty, sex, age, national
County Purchasing Department. Bidders are further advised to closely origin, ancestry, marttal status. or sexual orientation.
examine every section of this document. to ensure that all sequentially
numbered pages are present. and to ensure that it is fully understood. c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful
Questions or requests for explanations or interpretations of this document bidder is, and shall be. in the performance of all work, services, and
must be submitted to the Purchasing Department contact in wrltJnc in activities under this Contract, an Independent Contractor and not an
sufficient time to permit a written response and, If required. will be provided employee, agent. or servant of the COUNTY. All persons engaged in
to all prospective bidders, prior to bid opening. Oral explanations or any of the work or services performed pursuant to this Contract shall at
instructions given by any County agent are not binding and should not be all times, and in all places, be subject to the successful bidder's sole
interpreted as altering any provision of this document. Bidder certifies that direction, supervision, and control. The successful bidder shall
this bid is made without reliance on any oral representations made by the exercise control over the means and manner in which it and its
County . employees perform the work, and in all respects the successful
bidder's relatJonship, and the relationship of Its employees. to the
The obligations of Palm Beach County under this award are subject to the COUNTY shall be that of an Independent Contractor and not as
availability of funds lawfully appropriated for its purpose. employees or agents of the COUNTY
2. LEGAL REQUIREMENTS d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to
Ordinance 2003-030, the Palm Beach County Criminal History
a. COMPUANCE WI~ LAWS AND COOES: Federal, State, County Records Check Ordinance rOrdinance"), the County shall conduct
and local laws, ordinances, rules and regulations that in any manner fingerprint based criminal history record checks on all persons not
affect the items covered herein apply. Lack of knowledge by the employed by the County who repair. deliver, or provide goods or
bidder shall in no way be a cause for relief from responsibility. The services for, to, or on behalf of the County, A fingerprint based
successful bidder shall strictly comply with Federal. State and local criminal history record check shall be conducted on all employees and
building and safety codes. Equipment shall meet all State and Federal subcontractors of vendors. including repair persons and delivery
Safety regulations, Bidder certifies that all products (materials. persons, who are unescorted when entering a facility determined to be
equipment. processes, or other items supplied in response to this bid) critical to the public safety and security of the County. County facilities
contained in its bid meets all ANSI. NFPA and all other Federal and that require this heightened level of security are identified in Resolution
State requirements. Bidder further certifies that, If it is the successful R-2003-1274. as may be amended. The bidder is solely responsible
bidder. and the product delivered is SUbsequently found to be deficient for understanding the financial, schedule, and staffing implications of
in any of the aforementioned requirements in effect on date of delivery, this Ordinance. Further. the bidder acknowledges that its bid price
all costs necessary to bring the product into compliance shall be borne includes any and all direct or indirect costs associated with c~mpiiance
by the bidder. of this Ordinance, except for the applicable FDLE/FBI fees that shall
be paid by the County,
In compliance with Chapter 442. Florida Statutes, any toxic substance
resulting from this bid shall be a=mpanied by a properly completed e, PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County
Material Safety Data Sheet (MSDS). to notify all bidders of the following: "A person or affiliate who has been
placed on the convicted vendor list following a conViction for a public
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall
prevail as the baSIS for contractual obligations between the successful entity crime may not submit a bid on a contract wiL'l a pUblic entity for
the construction or repair of a public building or public work, may nol
bidder and Palm Beach County for any terms and conditions not submit bids on leases of real property to a public entity, may not De
specifically stated In the Invitation for Bid. awarded or perform work as a contractor, supplier, subcontractor, or
Page 4
shall be awarded to the low bIdder responsive to the SSE requirement, 6.5 The County or Prime may count toward its SBE goal the erltlf8
or, in the event there are no bidders responsive to the SSE expenditures for materials and equipment purchased by an SSE
requirement, to the bidder with the greatest SSE participation in subcontractor, provided that the SSE subcontractor has the
excess of seven percent (7%) participation, as long as the bid does not responsibility for the Installation of the purchased matenals and
exceed the low bid amount by ten percent (10%) equipment
In cases where the lOw bid exceeds one million dollars ($1,000,000), 66 The County or Prime may count the entire expenditure to an
the contract shali be awarded to the low bIdder responsive to the SSE SSE manufacturer (i,e., a supplier that produces gQods from ra".
reqUirements, or, In the event there are no bidders responsive to the materials or substantially alters the goods before resale)
SSE requirements, to the bidder with the greatest SBE partiCipation In
excess of seven percent (7%) participation, provided that such bid 6,7 The County or Prrme may counl sixty percent (fiO% J Of Its
does not exceed the low bid otherwise responSive to the bid expenditure to SBE suppliers that are not manufacturers
requirements by more than one hundred thousand dollars ($100,000)
plus three percent (3%) of the total bid in excess of one million dollars 6 8 The County or Prime may count toward Its SBE goal Second and
($1,000,000) third tiered SBE subcontractors, provided that the Pnme Identifies the
SBE subcontractors as second and third tier subs In their bid
Item 4 - Sid Submission Documentation submittal.
SSE bidders, bidding as prime contractors, are adVised thatlhey must Item 7 - Responsibilities After Contract Award
complete Schedule 1 listing the work to be performed by their own All bidders hereby assure that they shall meet the SBE partiCipation
workforce as well as the work to be performed by any SBE or MM'BE
subcontractor. Failure to include this information on Schedule 1 will percentages submitted in their respective bids with the
result in the partidpation by the SBE prime bidders own workforce subcontractors contained on Schedules 1 & 2 and at the dollar values
NOT being counted towards meeting the SBE goal. This requirement specified, Bidders agree to provide any additional mformalion
applies even if the SBE contractor intends to perform 100% of the requested by the County to substantiate participation,
work with their own workforce, Bidders are required to submit with
their bid the appropriate SBE-MM'BE schedules In order to be The successful bidder shall submit an SBE-MIWBE Activity Form
deemed responsive to the SBE requirements, SBE-MM'BE (Schedule 3) and SBE-MIWBE Payment Certification Forms
documentation to be submitted is as follows: (Schedule 4) with each payment application, Failure to provide these
forms may result in a delay in processing payment or disapproval of
Schedule 1 - List of Prooosed SBE and MIWBE Prime the invoice until they are submitted, The SBE-MlWBE Activity Form
Subcontractors is to be filled out by the Prime Contractor and the SBE-MlWBE
Payment Certification Forms are to be executed by the SBE or
This list shall contain the names of all SBE and M1WBE subcontractors MIWBE firm to verify receipt of payment.
intended to be used in performance of the contract, If awarded. The
type of work to be performed by each subcontractor and the dollar Item 8 . SBE Substitutions
value or percentage shall also be specified. This schedule shall also
be used if an SBE prime bidder is utilizing ANY subcontractors. After contract award. the successful bidder shall only be permitted to
replace a certified SBE subcontractor who is unwilling or unable to
Schedule(s) 2 - Letter(s) of Intent to Perform as an SSE or perfonn, Such substitution must be done with other certified SBEs in
MIWBE Subcontractor order to maintain the SBE percentages submitted with the bid,
Requests for substitutions must be submitted to the Department
One Schedule 2 for each SSE and M/WBE Subcontractor listed on issuing the bid and the OSSA.
Schedule 1 shall be completed and executed by the proposed SBE
and MlWBE Subcontractor. Additional copies may be made as Note: Where there is a conflict between the Local Preference
needed, Ordinance and the SBE Ordinance. the SBE Ordinance shall prevail.
hem 5 - SBE Certification d. LOCAL PREFERENCE: In accordance with the Palm Beach County
Local Preference Ordinance, a preference will be given to bidders
Only those firms certified by Palm Beach County at the time of bid who have a permanent place of business in Palm Beach County and
opening shall be counted toward the established SBE goals, Upon who hold a valid occupational license issued by the County that
receipt of a complete application, IT TAKES UP TO SIXTY (60) authorizes the bidder to provide the goOOs or services to be
DAYS TO BECOME CERTIFIED AS AN SBE WITH PALM BEACH purchased. Local preference means that if the lowest responsive,
COUNTY. It is the responsibility 01 the bidder to confirm the responsible bidder is a regional or non-local business, then all bids
certification of any proposed SSE: therefore, it is recommended that received from responsive, responsible local bidders are decreased by
bidders contact the OSBA at (561) 616-6840 to verify certification. 5%, The originat bid amount is not changed; the 5% decrease is
calculated only for the purposes of determining local preference, To
hem 6 - Countina SBE Participation land MIWBE Participation receive a local preference, a bidder must have a permanent place of
for Trackina Purposes) business in existence Q[jQ[ to the County's issuance of this Notice 01
Solicitationllnvitation for Bid, Prior to the County's issuance means
6,1 Once a firm is determined to be an eligible SBE a=rding to the the date that the Notice of Solicitation/Invitation for Bid was
Palm Beach County certification procedures, the County or the Prime advertised in the Palm Beach Post. A permanent place of business
may count toward its SBE goals only that portion of the total dollar means that the bidder's headquarters is located in Palm Beach
value of a contract performed by the SBE. County: or. the bidder has a permanent office or olher site in Palm
Beach County where the bidder will produce a substantial portion of
6.2 The lotal dollar value of a contract with an eligible SBE may be the goods or services to be purchased, A valid occupabonallicense
counted toward the goal issued by the Palm Beach County Tax Co!!ector Shall be used to
verify that the bidder had a permanent place of bUSiness prior to the
63 The County may count toward its SSE goals the total value of a issuance of this Notice of Solicitabon/lnvitation for Bid. A Palm
contract awarded to an eligible SBE firm that subsequently is Beach County Occupational license is required unless specifically
decertified or whose certification has expired after a contract award exempted by law. In lieu of a Palm Beach County occupational
date or during the performance of the contract. license, the bidder shall include Ihe current occupational license
issued to the bidder in the response, Please note that the bid
6 4 The County or Pnme may counl toward its SBE goal a portion of submitted to Palm Beach County must be from an address located
the total dollar value of a contract with a joint venture, eligible under within Palm Beach County in order for local preference to apply, The
the standards for certification, equal to the percentage of the bidder must submit the attached .Certification of Business Location"
ownership and control of the SBE partner in the joint venture, at the lime of bid submission. Faiture to submit thIS information shall
cause the bidder to not receive a local preference Palm Beach
Page 6
elseWt1ere The successful bidder shall be responsible for makmg any
and all claims against carners for missing or damaged items.
Delivered Items shall not be considered "accepted" until an authorized
agent for Palm Beach County has. by Inspection or test of such Items.
deterrnlned that they appear to fully comply with specifications. The
Board of County Commissioners mClY retum. at the expense of the
successfui bidder and for full credit. any item(s) received which fail to
meet the Countys specifications or performance standards.
b. FEDERAL AND STATE TAX Palm Beach County IS exempt from
Federal and State taxes The authorized agent for PurchaSing shall
prOVide an exemption certificate to the successful bidder. upon
request. Successful bidders are not exempted from paying sales tax
to their suppliers for materials to fulfill contrClctual obligalions with the
County. nor are successful bidders authorized to use the County's Tax
Exemption Number In secunng such materiClls.
c. PAYMENT. Payment shall be made by the County after
commodities/services have been received, accepted and properly
Invoiced as indicated in the contract and/or order Invoices must bear
the order number. The Florida Prompt Payment Act is applicable to
this solicitation.
d. CHANGES: The Director of Purchasing, Palm Beach County, by
written notification to the successful bidder may make minor changes
to the contract terms. Minor changes are defined as modifications
which do not significantly alter the scope, nature, or price of the
specified goods or services. Typical minor changes include. but are
not limited to, place of delivery. method of shipment. minor revisions to
customized work specifications. and administration of the contract
The successful bidder shall not amend any prOvision of the contract
without written notification to the Director of Purchasing, and written
acceptance from the Director of Purchasing or the Board of County
Commissioners.
.. DEFAULT: The County may. by written notice of default to the
successful bidder. terminate the contract in whole or in part if the
successful bidder fails to satisfactorily perform any provisions of this
solicitation or resultant contract, or fails to make progress so as to
endanger performance under the terms and conditions of this
solicitation or resultant contract. or provides repeated non-
performance. or does not remedy such failure within a period of 10
days (or such period as the Director of Purchasing may authorize in
writing) after receipt of notice from the Director of Purchasing
specifying such failure In the event the County terminates this
contract in whole or in part because of default of the successful bidder.
the County may procure goods and/or services similar to those
terminated, and the successful bidder shall be liable for any excess
costs incurred due to this action.
If it is determined that the successful bidder was not in default or that
the default was excusable (e.g., failure due to causes beyond the
control of. or without the fault or negligence of. the successful bidder).
the rights and obligations of the parties shall be those provided in
Section Sf. "Termination for Convenience."
f. TERMINATION FOR CONVENIENCE: The Director of Purchasing
may, whenever the interests of the County so require, terminate the
contract, in whole or in part. for the convenience of the County. The
Director of Purchasing shall give five (5) days prior written notice of
termination to the successful bidder, specifying the portions of the
contract to be terminated and when the termination is to become
effective. If only portions of the contract are terminated, the successful
bidder has the fight to withdraw, without adverse action, from the
entire contract.
Unless d~re::ted differently in the notice of termination. tne successful
bidder shall Incur no further obligations in connection with the
terminated work. and shall stop work to the extent specified and on the
date given in the notice of termination. Additionally, unless directed
differently, the successful bidder shall terminate outstanding orders
and/or subcontracts related to the terminated work.
THIS IS THE END OF "GENERAL CONDITIONS."
Page 8
10. CATALOGS, MANUFACTURER SUGGESTED RETAIL PRICES (MSRP), ETC.
Upon request, the successful bidder shall supply at no charge current catalogs and/or MSRP's for all awarded
manufacturers The successful bidder shall up-date and keep all catalogs and MSRP's current throughout the term of the
contract When a reviSion to the manufacturer's catalog and/or MSRP occurs which includes the addition of new prOducts
within the scope of this solicitation, the discount and net price of the new products must be equal to or better than the
discount and price of items originally Included In this solicitation.
Upon award, the successful bidder shall supply one copy of the appropriate catalog(s) and/or MSRP to
Palm Beach County Finance Department
Supervisor, Pre-Audit Division
P.O. Box 4036
West Palm Beach, Florida 33402-4036
(561) 355-3011
Note: All Catalogs and/or MSRP's shall clearly identify the term contract number and the successful bidder's name, address
and telephone number. Additionally, catalogs and/or MSRP's created by the bidder. if not the manufacturer. will not satisfy
this requirement.
11. INVOICES - LOT I (PURCHASE AND DELIVERY)
I
I
12. INVOICES- LOT II (PURCHASE. DELIVERY & INSTALLATION)
When invoicing the County for goods purchased, delivered and installed (uncrate, assembled and placed on site) under
this solicitation, the successful bidder must provide complete, accurate invoices which must include for every item purchased
a unique catalog number, a definitive description, the catalogllist price, and the invoiced price. If the applicable catalog does
not provide unique numbers, the description of the item must be sufficiently accurate to specifically identify the goods
rovided to the Count . Exam Ie: Invoice shall include:
Item # Description Part # List Price Discount Discount Price Total
1 Tire Swin #123 $2,095.00 +10% $2.304.50 $ 4,609.00
13. AUDIT
All items sold to Palm Beach County as a result of this bid award are subject to post sale audit adjustment. In the event an
audit indicates the successful bidder has not honored quoted price lists and discounts, the successful bidder shall be liable
for any and all overage charges, and may be considered in default of this contract.
14. METHOD OF ORDERING (TERM CONTRACT)
A contract shall be issued for a term of 24 (twenty-four) months or until the estimated amount is expended, at the discretion
of the County. The County will order on an "as needed" basis.
15. DELIVERY (LOTS I & II)
Delivery shall be required within sixty (60) calendar days after receipt of term contract delivery order (DO) unless a modified
delivery date has been requested by the successful bidder and approved in writing by the Purchasing Department or the
designated County representative. Failure of the successful bidder to perform to the delivery requirement is sufficient cause
for defauii and termination of the contract.
16. AS SPECIFIED
A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered
must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not
delivered as specified.
Page 10
:::xcept as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability. when applicable),
said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to Include Palm Beach
County as an Additional Insured
Further. said Certiflcate(s) shall endeavor to provide ten (10) days written notice to County prior to any adverse change
cancellation or non-renewal of coverage there under.
It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained In force
throughout the term of the contract Failure to maintain the required Insurance shall be considered default of contract.
Successful bidder shall agree to provide the County with at least ten (10) days prior notice of any cancellation, non-renewal
or matenal change to the insurance coverages All insurance must be acceptable to and approved by County as to form,
types of coverage and acceptability of the insurers providing coverage
Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a pnmary basIs.
22. INSURANCE REQUIRED LOT II ONLY (PURCHASE/DELlVERYIINSTALLATION)
It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance
coverage to Palm Beach County. c/o Purchasing Department. Attention Buyer, 50 South Military Trail, Suite 110. West Palm
Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder
shall provide this evidence to the County prior to the expiration date of each and every insurance required herein.
Commercial General Liability, or similar form, shall have minimum limits of $500.000 Per Occurrence Combined Single Limit
for Bodily InJury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations,
Independent Contractors. Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability
and Broad Form Property Damage coverages. Coverage for the hazards of explosion. collapse and underground property
damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to
include Palm Beach County as an Additional Insured.
3usiness Auto Policy, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for
Bodily Injury and Property Damage Liability. Coverage shall include coverage for all Owned Autos, Hired Autos and Non-
owned Autos. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed
for travel on publiC roads.)
Note: When applicable, if the designated sub-contractor is responsible for the installation then proof of Business
Auto Policy, or similar form, must be provided by the sub-contractor.
Workers' Compensation and Employer's Liability coverage is required for all personnel who work on this project. This shall
include the personnel of the contractor and any subcontractors, reoardless of the size of the company. Exemptions for small
companies shall not be accepted. Coverage must include Employer's Liability with minimum limits of $100.000 Each
Accident, $500,000 Disease-Policy Limit. $100.000 Disease-Each Employee.
Note: When applicable, If the designated sub-contractor is responsible for the installation then proof of Workers'
Compensation and Employer's Liability must be provided by the sub-contractor.
A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the
successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance
Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide
required insurance shall render your bid non responsive.
Except as to Business Auto. Workers' Compensation and Employer's Liability (and Professional liability, when applicable),
said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach
County as an Additional Insured.
Further. said Ceriificate(s) shall endeavor to provide ten (10) days written notice to County pnor to any adverse Change.
cancellation or non-renewal of coverage there under.
is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force
.1roughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract.
Successful bidder shall agree to provide the County with at least ten (10) days prior notice of any cancellation, non-renewal
or material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form,
types of coverage and acceptability of the insurers providing coverage.
Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis
Page 12
SPECIFICATIONS
BID #Oa-QS1/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
Catalog:
All bidders of playground equipment (manufacturer/distributors) must supply current copies of each
manufacturer's current price lists, upon request, to all appropriate Palm Beach County Personnel
Successful bidder IS required to supply current price lists for distribution, at successful bidder's expense
Additional price sheets must be provided to Palm Beach County as requested at successful bidder's expense
Installation Responsibilities:
Palm Beach County will provide water and electricity from point of closest hook-up only (no hoses or electrical
cables will be provided) at sites specified. The Parks Division shall be responsible for all site preparation to
include placement location, installation of grade markers, grading, sod removal/replacement, buffer fill, and berm
timber installation,
The Successful Bidder shall:
. furnish, at their expense, all supervision, equipment, machines, tools, materials, labor, transportation, and
other facilities and services necessary to perform work specified herein.
not inhibit access to parks and other Palm Beach County locations during work specified herein.
. ensure that all playground installers make necessary arrangements to receive shipment of play structures
and provide storage prior to, and during installation. Palm Beach County will not be responsible for
receiving or storing of play structures prior to or during installation.
. be responsible for unpacking, uncrating, assembling and placing at job site in accordance with
specifications herein.
. ensure that all playground installers are certified and qualified to install play structures as per
manufacturers specifications. Certification shall be made readily available for inspection by Palm Beach
County personnel at any and all locations requiring installation.
. be responsible for the appearance of all working personnel assigned to the project (clean and
appropriately dressed at all times).
. have an English-speaking supervisor/representative on the work site at all times, who shall be thoroughly
knowledgeable of all specifications and other contract documents and have the authority to act in the
successful bidder's behalf.
Compliance Issues:
It shall be the successful bidder's responsibility to insure all products ordered, shipped and/or installed conform,
meet, or exceed, all current federal, state and local safety guidelines.
f>,dditionally, equipment/installation shall be in compliance with the following Palm Beach County Playground
~uipment & Safety Guidelines:
Page 14
SPECIFICATIONS
BID #08-051/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
All end caps/pipe caps shall be fastened in place permanently utilizing metal "drive rivets" or equivalent Press fit
components are unacceptable.
Weight bearing components and accessories subject to tensile forces shall be fastened to post clamps with end
cap screws or full penetrating fasteners to ensure positive securement under severe use. Non-penetrating set
screws are UNACCEPTABLE.
Specific: Individual pieces of equipment shall meet specific design requirements, in addition to the general
design, as indicated in bid specifications.
Requirements not addressed in previously mentioned guidelines shall be in compliance with prevailing safety
standards as set forth in "A Handbook for Public Playground Safety (Volumes I & II)" developed by the U.S.
Consumer Product Safety Commission and such safety standards indicated by the Florida Recreation and Parks
Association. All state, federal and local safety rules and regulations must be met.
Hours of Operation:
The Successful Bidder is advised that the delivery and/or installation of these units shall occur during normal
County (ordering department) operational hours.
Liaison:
The successful bidder(s) shall have available a liaison to work with the Parks Supervisor/Project Manager or other
ordering department representative (as applicable) to schedule deliveries and/or installations and to arrange for
acceptance.
Page 16
ATTACHMENT II
LOT II, ITEM 1 ADDITIONAL MANUFACTURER'S- PURCHASE, DELIVERY & INSTAlLATlON-
SINGLE FIXED PERCENTAGE (PLUS + OR MINUS - ) BASED ON MANUFACTURER'S
CURRENT LIST PRICE
-----,_."_.--,--_._-_._---~-_.__.- I .--"--'-- --_._--_.~~-- -.--
, [TEM # DESCRIPTION SINGLE FIXED PERCENT AGE
; i
I i (PURCHASE, DELIVERY & INSTALLATION) I
\ MANUFACTURER CATALOG OFFERED I
I
I CIRCLE EITHER + OR - WITH PERCENT AGE I
f- I L.- A,ND ~ ~~~ '> li<\....) CT'-, (~;ZN:~' ----
I
I (~,-! / .. ) -r 3J- t
I 1. I'l'" <\ 0C.'-"-:J l (''''''~rr~ <,,\, J ~ U'-r""IJ % !
! I
I ;>'0..:; c:,,,,,,,'.c:,h'.;..,\+I"'I\ ~ c.<~ Sl":.:.q~n.r~;' (must circle + or - ) I
i -1
\ I
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'u. /\'\C (:;~( ~'C (G, I - ) 1- 3~;l % I
i
. . '(must circle + or . ) I
~ I ..'
3. I (l..t\I\.)D~Aft. a~A.IVD'"~Lt.E~lv c."y (0." I - ) + 3';1... %
(must circle + or - )
14. (LA.\.JVS(A\?'C_ V~~~N,J:~) r-":":S\cf\J (G'I - ) +?-;L % i
(must circle + or - )
5. J:.R"-.i..'-.JC L"':l.CD R[<l\:,r;;RY b-~.F (G::I -) -4- e.s %
(must circle + or - )
6. '2EP\G-b~ t:1.. '-.J F ((I;/ - ) .t- 85 %
(must circle + or . )
f7 k~t "-ERL-A.\'>J'../ I .L..t0C.. ( + Ie) - ;L,. %
(must circle + or . ) I
8. Te -TkiR~ ( + C.') - Y. 5 % l
I (must circle + or . )
I . - ------
t
9. ( + I .. ) %
(must circle + or - ) I
, i
, I ---....j
110 I I
I ( + I - ) %
! i (must circle + or - )
_L____ L-
_____-..__.J
----- 0'
'<::. :- [), /_-
'-"'" 1\ _--" ....-.
--' . j \ r-
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Firm Name: \<; (". (r) ~ \' Y ICe- "-, L("'\(" - f~:.. II (_pr'f~ (c) '-1'-.1 ._~~7o\._'J{.5t-
, /
" '.. \ \r , .,. ,r -...,-~._-
Page 18
BID RESPONSE
BID #08-051/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
LOT" . PURCHASE. DELIVERY & INSTALLATION - SINGLE FIXED PERCENTAGE (PLUS + OR MINUS.)
BASED ON MANUFACTURER'S CURRENT LIST PRICE (Installation includes labor and materials to uncrate,
assemble and Dlace on-site)
ITEM # ITEM SINGLE FIXED PERCENTAGE
(PURCHASE, DELIVERY & INSTALLATION)
CIRCLE EITHER + OR - WITH PERCENT AGE
~
( 1. * MANUFACTURER CATALOG
OFFERED: " I,
I, 1>r-~C\1/Y\ E1\.lT W' ( + / - ~. A<J"J:\o;~Nr \\ %
S'tf (must circle + or - )
* NOTE - USE ATTACHMENT II IF BIDDING MORE THAN ONE MANUFACTURER
LOT II - PURCHASE. DELIVERY & INSTALLATION - SINGLE FIXED PERCENTAGE (PLUS + OR MINUS.)
BASED ON MANUFACTURER'S CURRENT LIST PRICE (Installation includes labor and materials to un crate,
a..emble and place on-slte)
'liTEM # NAME OF MANUFACTURER SINGLE FIXED PERCENTAGE
(PURCHASE, DELIVERY & INSTALLATION)
CIRCLE EITHER + OR - WITH PERCENT AGE
l~ LANDSCAPE STRUCTURES. INC. (~) . ) + 3;;;)" %
~' {must circle + or . }
3. OUTDOOR ALUMINUM (+/-) %
(must circle + or - )
4. GAMETIME, INC. (+/-) %
(must circle + or - )
() DUMOR (8/ - ) + ?G.. %
(must circle + or - )
6. LITTLE TIKES (+/-) %
(must circle + or - )
I~---
7. "J TOT TURF ( + / G) - YeS %
~/
(must circle + or - )
,~ J1)~
Cont'd Sl ~<7
FIRM NAME: '1(>~ c;en; :c p~ '.L\( , - )3',\\ G-eqr\....Q (6) '---101- '631- '1?-5<6
\;1 'ICe ?n2 c.;. ~-:: rtr--
Page 20
BID RESPONSE
BID #08-051/MM
PLAYGROUNDI PARK EQUIPMENT AND PARTS,
TERM CONTRACT
4. CONDITIONED OFFERS:
Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence
transmitted with their bid, which in any way modifies, takes exception to. or is inconsistent with the specifications,
requirements, or any of the terms, conditions. or provisions of this solicitation, is sufficient cause for the rejection of
their bid as non-responsive.
,&C
I understand :SJ
(INITIAL
Is Qualification of Bidders information included, per Term and Condition #l? YES ~ < INITIAL
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID)
By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms,
conditions. and specifications of the County's bid solicitation as originally published, without exception, change
or alteration of any kind, except as may have been published by the County in official amendments prior to this
date of submittal.
FIRM NAME: (Enter the entire legal name of the bidding entity) DATE:
K~? 5'2 (< '-..J \c t::s t "'-JC. 3/31/.;40Gn
,-
PRINT NAME: B~\\ Gea~
* SIGNATURE: B~ PRINT TITLE: \J \Ce. ~es;.~()t-
ADDRESS: q DJ-..
CITY I STATE: -L ZIP CODE: 3 :;;:{15 0
TELEPHONE# (Ljo7) 53\- <if-So E-MAIL: b3e..a.\'y@rep::.t'X\/\C!:':s.(om
TOLL FREE # ( ) FAX#: (YO,) e'3Y- 53' b
APPLlCABLe.:D;::-U::91OA <.E12r\\-"\CI'rTE:.. eJ;; ~~(.--\SlR""T\~ @ s~m''-.JD..5~:__ C<.:l-...lI'v'\Y CCC'-liS'."f\CI\!rl. L ;\.fL
L1CENSE(S) ~ b9 -8CI\Q33.2."3S.-S ::ti:- OSI'TOG
NUMBER # S'<\ 1~ IJ.::.--.JP TYPE: S~<;: ,~f=',t,...;,f'
I FEDERAL ID # S'1 - d, Cj 'l eSC'7 I
Page 22
CERTIFICATION OF BUSINESS LOCATION
BID #08-051/MM
In accordance with the Palm Beach County Local Preference Ordinance. a preference shall be given to those bidders
who have a permanent place of business in Palm Beach County ("County") and who hold a valid occupational license issued
by the County that authorizes the bidder to provide the goods or services to be purchased. To receive a local preference. an
Interested bidder must have a permanent place of business in existence prior to the County's Issuance of an invitation for bid
A valid occupational license issued by the County Tax Collector shall be used to verify that the bidder had a permanent place
of business prior to the issuance of the invitation for bid. A Palm Beach County Occupational license is required unless
specifically exempted by law. In lieu of a Palm Beach County occupational license, the bidder should Include the current
occupational license issued to the bidder in the response. The bidder must submit this Certification of Business Location ~
the lime of bid submission. This Certification of Business Location is the sole determinant of local preference eligibilIty
Errors in the completion of this Certification or failure to submit this completed Certification shall cause the bidder to not
receive a local preference. Please note that the bid submitted by the bidder to the County must be from an address located
within Palm Beach County in order for local preference to apply.
I. Bidder/is a:
'// Non-Local Business A non-local business is one that does not have a permanent place of business in Palm Beach.
Martin, Broward, or Miami-Dade County.
Regional Business A regional business is one that has a permanent place of business in Martin, Broward, or
Miami-Dade County.
(please indicate):
Martin County
Broward County
Miami - Dade County
Local Business A local business has a permanent place of business in Palm Beach County
(Please indicate):
Headquarters located in Palm Beach County
Permanent office or other site located in Palm Beach County
from which a vendor will produce a substantial portion of the goods or
services to be purchased
"*A post office box or location at a postal service center is not acceptable.
II. The attached copy of bidder's Palm Beach County Occupational License verifies bidder's permanent place
of business in Palm Beach County
THIS CERTIFICATION is submitted by , as
(Name of Individual)
, of
(Title/Position) (Firm Name of Bidder)
who hereby certifies that the information stated above is true and correct, that the bidder has a permanent place
of business in Palm Beach County, and that the attached Palm Beach County Occupational License is a true and
correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this
Certification is considered an unethical business practice and is grounds for sanctions against future County
business with the bidder
(Signature) (Date)
. age 24
SCHEDULE 1
~),/A LIST OF PROPOSED SBE-MlWBE PRIME SUBCONTRACTORS
BID NAME: BlOND.
NAME OF PRIME BIDDER: ADDRESS:
CONTACT PERSON: PHONE NO: FAX NO:
BID OPENING DATE: DEPARTMENT:
PLEASE IDENTIFY ALL APPLICABLE CATEGORIES
.. ............ ......... ................. .......... .It. ........... .......................- ...............,.........................................,..................................... ............. ...... ................................. to.. ... ...... ......... ....... ........
Name, Address and Subcontract Amount
Phone Number (Check one or both Categories)
Minorltv Business Small Business Black HlsDanlc Women Caucasian Other (Please Specify)
NIA
1. D D $ $ $ $ $
I
2. D 0 $ $ $ $ $
3. D 0 $ $ $ S $
4. D 0 $ $ $ $ $
5. 0 0 $ $ $ $ $
(Please use additional sheets If necessary Total $ $ $ $ $
Tolal Bid Price $ Total Value of SBE Participation $
NOTE: 1. The amounllisted on this form for a Subcontractor must be supported by prices or percentage Inctuded on Schedule 2 or a proposal from each Subcontractor listed in order to be counted toward
goal attainment.
2. Firms may be certified by Palm Beach County as an SBE and/or an MlWBE. If firms are certified" as both an SBE and MlWBE, please Indicate the dollar amount under the appropriate category.
3. MlWBE information Is being collected for trackIng purposes only.
"h... .
. age 26
SCHEDULE 3
1\1!A SBE-M/WBE ACTIVITY FORM
SBE-MIWBE ACTIVITY FOR MONTH ENDING BID#
I v I
BID NAME
PRIME CONTRACTOR NAME
PROJECT SUPERVISOR
SBE.MIWBE SUBCONTRACTING INFORMATION SBE-MIWBE Category (check all applicable)
Name of SBE-MIWBE SBE-MIWBE Amount drawn Amount Paid to Actual Minority Small Other
Subcontractor Subcontract Amount for SBE-MIWBE Date Starting Date Business Business (Please
Subcontractor (.f) (.f) Black Hispanic Caucasian Women Specify)
!\j!A
I
I hereby certify that the above information is true to the best of my knowledge
(Signature and Tide)
Return to:
Additional Sheets May Be Used As Necessary
Office of Small Business Assistance
50 S. Military Trail, Suite 209
WestPalmBeach,Fl33415 .' ., c."-- <" "'. . "~:;"~""'..,. " ,
',,~~ '~~';2'fu~'Sijltiil~~~$C "'~;~J~~i~.If~;P~~{~~f~j;;.;Aj:~:~:':~~~\I~: ' _ ':';. ','. .
. . ",,:.~\.,~~t;Jl"" -"" '1'- "'. -~" . ";~~~~' "~;g,~-,;i1'~.:"~,/ .;i'.~,i. " -' .-,-
NOTE: Firms may be,c~rtified a~ a~.;~~4f~~.~h~J~~I"fr ~~~~~~~~~~~:~~~~~:~~.~.~~~ha:J~1A~'BI?;~please:i~dicate the dollar amount in'each
section. The do far amount'wll not be'coUnted twiM:~'-------'~ - .. .-
U\j2 Walerway Place
[(;f1gwood, FL 32750-';', c~
f'H 407.831-9658
f\ 407-834-5366
'>tlle'- If.l; reps.ervic.e~.con'.
w.....'1fy rl'p~f:"rvices.com
:- brL'h .~ 1. 2()()8
In regard:; 1\) Rid!:: 08-057!\tH..,1
Palm Fkach Count:- (io\ ernm...'nt Representative
BllarJ uf County Cl)mmissioner~
Pur....hasing Departme11l
5U South !\1ililary Trail. Suite 110
\\e~l Palm Beach. Fl 334] 5-3199
Dear Palm Beach COUll1y C,overnment Representatin.'.
The following installers are authorized and certilied to inslall the Playground and Park
Equi prnent. for al I of our manufacturers as spccilieJ:
AI 130sgraaf &: Sons. Inc. DW Recreation Services. Inc. Mudrak Engineering &
(icrald Rosgraaf. President Donald West O\'\"ncr Construction Company
2032 Dumas Dri\t' 7728 Great Oak Drive Dale Mudrak. President
De1tona. FI 32738 Lake Worth, FI 3346\ 1 G508 Hamilton Drive
Phon...': 407-40:-8495 Phone: 561-818-4819 Orlando. 1-'1 32833
Fax: 386- 7S 9-63 77 Fax: 56]-43:1-0175 Phone: 407-568-1833
Fax: 407-568-1076
Regal Contrac1ors West Construction
Paul ]\1artin. Owner Don West. President Craft Brothers
525~ S Military Trail 31 R S Dixie Highv,:ay Scott Craft. Owner
Lake Worth. FI 3~46:1 Lake Worth. Fl 33460 5120 Damascus Road North
Ph,ml..': 5h 1-906-73: 1 Phone: 561-588-2027 .Jacksomille. FI 32237
Fax: :,h l-h-+:-320.~ Fax: 561-582-94]c) Phone: 904-()36-51 06
Fax: L)04-636-51 77
Hesl \\'isl1l's
, /-=
, c.. --~-- -
, ," ----).' .........-. -
." - (~-
, Rid Contract # 08-051/MM
\ \
Bill (;L\lr.\. \.. \''''-~ Bichler: Rep SeT\ ices. Inc.
\ OJ(.c I'r..."sjJ"1l1 902 Waterway Place
R...,p Sen i.......'s. fnl'. Lonf'\\ood. FI ~2750
-iQ7-83 , -<!()5R
\ 1 : r ~ .6. fp, 17!'" l-='{ . i."'. .,' "-, . :', - .( , r -
'. ,', .Il t -' r la)'f~IUUlil.'; '-l1U1;U'11(,I':t · _'l('Ler~, _:Uf-t(J(lfi[! . ' J1:Jr1P ,~, \:',ol+,.,vr
902 Waterway Place
Longwood. FL 32750-3573
PH 407-831-9658
FX' 407-834-5366
sales@repservlce$ com
www .r~s(!rvlce$.com
March 1, I. 20()~
Ms. MaryAnn McGee
Palm Beach County Purchasing
50 South Military Trail. Suite 110
West Palm fkal:h. FL 33415-3199
RE: Bid 1108-051 /MM Playground/Park Equipment and Parts Term Contract
Insurance - No Company Owned Vehicles
Dear Ms. McGee:
This let1er is to notify Palm Beach County Purchasing that Rep Services. Inc. docs not have any
company owned vehicles.
Please contact me if there are any questions.
Best Regards.
~C~ . / )(\ /,-)
I -. (' ) ( -/r .-.......-...",
", -~.... ~\ - , .J---
, ..... , (\
~,
Bill Geary
Vice President
Bid Contract #. OS'-051-iMM'
Bidder: Rep Scrv ices. Inc.
902 \\3tcr\\'<1:- Place
Long\\ood. FI 32750
-I{)7-83/-965R
Site Amenities - Playground Equipment - Safety Swfacing _ Shade & Shelters
IMPORTANT
If the certificate holder IS an ADDITIONAL INSURED the pollcy(leS) must be endorsed A statement
on this certificate does not confer nghts to the certificate holder In lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and condilions of the polley certain policies may
require an endorsement A statement on this certificate does not confer nghts to the certificate
holder In lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the iSSUing Insurer(s) authonzed representative or producer, and the certlftcate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the poliCies listed thereon.
I
ACORD 25 (2001/08)
\ \1 II} IIIIU)I (.11 (Ill III ilS
i.'! ! " \ ~ \; \ I { f " '.,
". \ \ ! i I~ \ \ I': \.l;,' i.!;"
. . ~ ! .~ \, { '\ r I 1 ! .,11
I \ I j:l \ ' i
;' J. , ,\" ~..... ;
~ -\.. ' \. \ t t 1 ~l i~.2ti!j""'(!:---lrd~:ii~ \ lIHlll1l I Paid: ... 2 ~.I HI 1,.,1' ~ ~ .1 il: ,;'..
( .' .:: \ "'r~-\ 1/-..... I.. l ~ ( , ./ ,: .., (I;' I, J\~ "" ' _ ,.fL, L I <... ~ \.' 'I
-''=- /
Bid Contract t: OR-O~ i '\1\1
f1iddcr: Rep Sen ices. III;"
QO~ \\'a!l:r\\ :,1\ PbLL'
Long" (luJ. Fi ~:: ~~n
..H)7-l\~! ..(h;:;X
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM 8.S
AGENDA ITEM REQUEST FORl\.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 16, 2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17,2009 March 2, 2009 (Noon)
~ February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
D AnnouncementslPresentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve piggybacking the City of Delray Beach contract bid #2002-37 with Chaz
Equipment of Wellington Florida to rehabilitate the City's wastewater gravity manholes for a project cost of$I,154,282.00,
with a 5% contingency of$57,714.10 for a total project cost of$I,211,996.10. The City of Delray Beach complied with
Public Contract Bid requirements equal to or exceeding the City of Boynton Beach's requirements.
EXPLANA TION: The Utility Department received Commission approval to develop an extensive Infiltration and Inflow
program. We have completed the first three inspection phases and have completed the first repair phase. The program
identifies structural deficiencies associated with the gravity lines and manholes, reduces treatment and maintenance costs and
creates an efficient wastewater system. After review of the reports from Inspection Phase II, we have identified approximately
16,862 feet of pipe and 590 manholes to rehabilitate. The department is calling this project "1&1 Program Phase II repairs".
Due to the nature of the work, we will be working with two different contractors, one to perform the pipelining and one to do
the manhole rehabilitation.
The department would like to piggyback the City of Delray Beach contract bid #2002-37 with Chaz Equipment for
rehabilitating the manholes with SewperCoat. The City has had great success with this method and with Chaz Equipment and
would like to continue with this project. Chaz equipment will clean and rehab the structures by applying a corrosion resistant
bonded coating to the deteriorated structures for a cost of $1,154,282.00 based upon unit pricing for the various manhole
structures and services. Attached is a spreadsheet outlining the individual manhole costs and the area where the work will take
place and the City of Delray Beach bid documents.
PROGRAM IMP ACT: The impact of this project will restore the identified manhole structures within our wastewater
system and reduce the amount of infiltration and inflow to our wastewater treatment plant, therefore reducing operational
costs. It will also help to prevent manhole failures by identify the problems now and repairing them to avoid costly repairs in
the future.
FISCAL IMP ACT: The total project cost is $1,211,996.10 which includes a 5% contingency to allow for unforeseen site
conditions or quantity changes. Funding is available in account #406-5000-590-65-04 SWR 059 Manhole Rehab.
AL TERNA TIVES: The technology method being recommended is very cost effective. This type of rehabilitation replaces
the more costly conventional excavation of replacing the manhole structure with a new one. However, possible alternatives
are:
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
. Physically replacing each structure, at significantly greater cost and disturbance
. Not performing any recommended work and risking failure of the structure
~ ~.s=,< X- ....,
': j)
vl1l.t I\- \ I. 7.. It '\- ~._/
Department Head's Signature City Manager's Signature
Utilities
SIBULLETlNIFORMSIA<iENDA ITEM REQUEST FORM. DOC
C!~~gc~r!~lrlll! 3180 Fairlane Farms Road, Suite 1
Wellington, Florida 33414
Tel: (561) 333-2109 Fax: (561) 333-2180
L ETT E R 0 F T RA N S M I TTA L
City of Boynton Beach November 21, 2008
Utilities Department
Mr. Anthony J. Lombardi
Utility Maintenance Manager
124 East Woolbright Road
Boynton Beach, Florida 33435
RE: Rehabilitation of Manholes - Phase II - Annual Contract Piggy Back ProDOsal:
Mr. Lombardi,
Please accept this letter as a response to your request regarding the extension of our
services under City of Delray Beach Contract 2002-37 to the City of Boynton Beach for
the rehabilitation of manhole structures in your sewer system.
Please refer to the attached detailed proposal spreadsheet totaling $1,154.282.00 for
the rehabilitation of 590 sewer manholes. Once completed, the Sewpercoat product will
stop all structural ground-water infiltration into the sewer system, re-establish structural
integrity and provide an H2S corrosion barrier for many years to come.
Chaz Equipment Company agrees to extend to the City of Boynton Beach our services
in accordance with the prices. terms and conditions set forth within the contract
documents of the City of Delrav Beach Sanitary Structure Interior Rehabilitation
Contract #2002-37.
Please let us know if there is any additional information you need, and we look forward
to working with you.
./ -
r
Gary l' Czajkowski
President
SEw:ZRCQlrr lil
i dllU I r (i)~~rdi I
II' 'lie ReCi,:W
SEWPERCOA T SEWER STRUCTURE REHABILlTA TION PROPOSAL_
1~(Jwrnt,()C ,,. 200f,
561 '4/-64L~
~" h'd> 1:)(:'.1) ?42.629t
i 4' dia. MH# -.----~ General L;cat!un --,.--- .- Cover Depth GPSJ GPS3 S.Coat B&C ",,""" ,.,"'''"'$.....---1 w"" 1
CondItion
I . ~---- size-. 48 ---j-- ($250ivf) ($500/ea) '"""0", m,o .",,"m '," No"".'~om,"" _ _ I
11,)9:'01-003 ~.0.''2~ 23 Fair 807690.746 965581.314 $1,200 ,,- ~- -, -------- _.~---j
[309-201,004 -":. - 628 DimicK Rn 23 49 FaIr 807693.567 965313.244 $1.225 $500 62 $1 725 '
--_._-- -'=d_~_ _5iJ ---- -___~~_-=-~- ~-I _ $1175 ~~ 1
i 309 201-005 1611 Dimick r-..:c ,.- - 23 47 I Fall 807695 188 965053 402 $1.175
1:109201-007 636 Potter RUdd ~-- 45 Fair 807341.629 965299.68 $1.125 __ S3ciC _ 5~ ______n.____l.__ ~ ~
'--
309-201-006 N of parkrng lot un .:~~t!.::.~ ~:'_ n_ 1-, 23 5.8 Fair 807344.884 965017 002 $1,450 $500 - -=f: -~"-l---- - - -- --,,----. --.-- $1.950 .-1
-'. _.~-
109-201-009 Send uf N Lake [-n 23 6.9 Fair 807144498 9655718 $1,725 $500 ___,,___ _ ~__+___ _ __ ___._ $2,225_j
-
309-201-013 NE of LS 201 225 111 Fair 0 0 $2.775 $500 - - -- ~-I-------- ,3.275 i
-
309.201-014 #1 Of] Inlet Harhnr C:llJt 22.5 10.5 Poor 0 0 $2,625 132 $2,625
.. ~...-----~-~ -..-.- 1---..---- .~
8 ....--.-. .. - . -_.._-------~. -~~-_._-,-_._. -- i
-- ~- . ~._. -- -. _._---
309-202-001 LAKE ST & NEW PALM WA \ 23 97 Poor 804800 78 965275.38 $2,425 $85:1 __ 1')') f.. ---..-...,....- . -..--..- $3,278 j
_.._.~-
309-202-009 LAWN BESIDE BIENVErWT() LAY" c.' 23.75 __ 11 Fair 804610.28 96482248 $2,750 $500 _E!!.._.. ,3,250 i
""73-- "--- 1---- $2,325 I
309-202-025 BOYNTON BEACH BOAI CLUB PARK 23.75 Fair 805397.91 965290.34 $1,825 $500 92 f-. -----
_'_~__'U'<'_"'__'_~ - -..-"---.. 98 $1.950 I
309-202-030 720 NE 20TH LANE 2375 78 Fair 805652.69 965493.87 $1,950
4 .. ,. . i
-- - -.- 1--. -- f--- .-.. $1,000 . ~
:J09-302-00~ 541 Brown ROCjd 23 4 Fair 811031.369 962919625 $1,000 _..---- I--~-- 1----
-- -
309-302-003 581 Brown ROod 23 5 Fair 811020689 963166921 $1.250 ..!'2.. _ _ f-- ....-------~ ----- _ $1250 I
309.302-004 581 Wilkinson RUd~J 23 4.8 Fair 811280582 963177 572 $1,200 $500 60 -- ,1 700 -1
r-_ 23 _=- -_... -,_._--", ..~ ~- -" ---- >--. ---,,-_.. ....-..---_..- ---..-3
1309-302-005 551 t.vilkmsor-j R03(j 39 Fair 811289089 962979 588 $975 49__ e---'" $975
!---....
1309 302-006 511 Wilkinson Roar: 1 < ~~ :: 4.5 Farr 811340.385 962700.354 $1.125 -- I--.._~-- e----..-----~--- -- ,1,125
i 30"302-007 7fl5G CroV'2 r~0ad 54 Fair 0 0 $1,350 S500 68 $1.850
~-----_._--- - ----as--I--- __ ,1,700
i 309-302-010._ ~~-)jeander~~~':' 68 Fair 811540.83 963189.701 $UOO '''---.-
1-- ~: 60:.... 1--:======--=--==
1'109302-011 ~ C2Ieander._Ruc-li.! L_~_ 4.8 Farr 811549439 962989 481 ,1.200 $500 .-..- _". S1.700
'-._-- e---" :== ~~ =-_1=======--=--_=:...__ .-.
i 309 302-012 ~11 Oleandt:r L_ 22.75.._ 4 Poor 811614.81 962750 764 $1,000 ,500 ..- $1.500
h09-302-01 :' ---
401 Oleander Roau 23 4 Fair 811627091 962489 607 $1.000 -- _, $1.000
!'109.302-01.1 3311 Orchid Road .- 23 41 Farr 811670861 962398 539 $1.025 51 $1025
/309-302-01 C'" - -"~-- $1,200 $1,200
3401 Orchid Ruad 24 4.8 Fan 0 0 60 ---"---"''''''--'-
I 3471 Orchid Road --~...- - $1,250 63 _, $1.250
'309.302.01 [ 23 5 Fair 81202632 962414.33 .. . -"----. -- ~--_._--
-".----- -- f----..-
309.302.017 511 Sea9r3pe ROBO .. 23 7 1 Fair 811874017 962764.954 $1,775 89 $1.775 I
-..-- ..-.
309-302.0 J 8 551 Seagrape r":uCld 24 6 Fail 811810309 962980 433 $1.500 ----.- ~_75 $1,500
--.- $500 ,2.600
309 302-019 S81 Seagrape f":03u .. ..-.----.. ...-- -- 23 84 Poor 811799.928 963200.373 $2.100 106
309-302-020 580 Mentone Road 23 10 FaIr 812014.362 963209.582 $2.500 126 $2,500
---~_._-- $1.700 $500 $2.200
309.302-023 510 Mentone Road 24 68 Poor 812100.381 962765.69 85
309-302-024 490 Mentone Road 24 41 Fair 812100833 ~62610.352 $1.025 $500 51 $1,525
309-302-030 7364 Thatcher Ave 34.25 47 Fair 812810.959 962949 158 $1.175 59 $1,175
20 ..
309-303-003 330 FICUS Tree 2375 72 Poor 0 0 $1,800 ~O ,1.800
309-303.006 131 FICUS Tree Olive 2375 5 Fair 812439287 961726.572 ,1.250 63 $1.250
Page 1 of 14
I............ I I'-'~''''''"'
Phase II Manhole Repairs
309-303-008 Hibiscus Tree and Orange St 2375 4 Fair 812702.797 961606.706 $1,000 50 $1,000
309-303-009 201 Hibiscus Tree Dr 23.75 5 Fair 812691.642 961893.755 $1,250 63 $1,250
309-303-010 371 Hibiscus Tree Drive 23.75 4 Fair 812672.512 962284.323 $1,000 $500 50 $1,500
309-303-011 331 Ficus Tree Dr 23.75 4 Poor 812421.844 962205.325 $1,000 $500 50 $1,500
309-303-012 391 Ficus Tree Dr 23.75 4 Fair 812415.378 962396.667 $1,000 50 $1,000
309-303-013 401 Ficus Tree 23.5 4.8 Fair 0 0 $1,200 60 $1,200
309-303-015 W side of 491 Ficus 23.75 4.5 Fair 812532305 962548.978 $1,125 $500 57 $1,625
309-303-016 491 Ficus Tree 23.75 4.5 Fair 812520.336 962642.834 $1,125 57 $1,125
309-303-019 471 Hibiscus Tree Dr 23.75 4 Fair 812887.47 962532.933 $1,000 50 $1,000
309-303-020 Hibiscus Tree Dr and San Sastle Blvd 23.75 5.5 Fair 812887.727 962655.785 $1,375 $500 69 $1,875
309-303-021 Tulip Tree Drive and Orange St 22.5 4.8 Fair 812961.961 961616.172 $1,200 $500 60 $1,700
309-303-022 191 Tulip Tree Dr 23.75 4 Fair 812953.383 961841.643 $1,000 50 $1,000
309-303-023 271 Tulip Tree 22.5 5 Fair 812946.757 962080 904 $1,250 63 $1,250
309-303-024 301 Tulip Tree Dr 23.75 4 Fair 812951.319 962212.031 $1,000 50 $1,000
309-303-025 3891 Tulip Tree Dr 2375 5 Fair 813131.507 962402.925 $1,250 $500 63 $1,750
309-303-026 3985 Tulip Tree Dr 23.75 6.9 Poor 813530.021 962419.322 $1,725 $500 87 $2,225
309-303-027 435 Tulip Tree Drive 23.75 71 Fair 813604.669 962499.505 $1,775 $500 89 $2,275
309-303-028 3901 San Castle Blvd 23.75 6.6 Poor 813267.425 962669.075 $1,650 $500 83 $2,150
309-303-029 Tulip Tree Dr and San Castle Blvd 23.75 74 Poor 813596.77 962682.489 $1,850 93 $1,850
309-303-030 3900 Orange St 22.5 5.3 Fair 813221.796 961624.886 $1,325 67 $1,325
309-303-032 271 Plum Tree Dr 24 5.5 Fair 813205.826 962100.399 $1,375 $500 69 $1,875
309-303-033 3901 Plum Tree Dr 24 5.1 Fair 813248.845 962148.803 $1,275 $500 64 $1,775
309-303-034 4001 Plum Tree Drive 24 4 Fair 813638.982 962163.66 $1,000 50 $1.000
309-303-035 4029 Plum Tree Dr 24 4.8 Fair 813730.276 962185.615 $1,200 $500 60 $1,700
309-303-036 4095 Plum Tree Dr 22.5 5.4 Fair 813860.82 962337.232 $1,350 68 $1,350
309-303-037 San Castle and Plum Tree Dr 24 8 Fair 813857.738 962693.057 $2,000 100 $2,000
309-303-038 3950 Orange SI 22.5 7 Fair 813332.673 961629.04 $1,750 $500 88 $2,250
309-303-045 20 Old Spanish Trail 24 8.3 Poor 813442.406 961456.06 $2.075 $500 104 $2,575
309-303-046 110 Old Spanish Trail 24 7.5 Fair 813435.004 961632.573 $1,875 $500 94 $2,375
309-303-048 3990 Old Spanish Trail 24 4 Poor 813463.682 961932.296 $1,000 50 $1,000
309-303-049 4000 Old Spanish Trail 23.5 4 Poor 813500.201 961942.053 $1,000 50 $1,000
309-303-051 5011 Old Spanish Trail 24 5.3 Poor 813872.273 961959.047 $1,325 67 $1,325
309-303-052 5095 Old Spanish Trail 24 3.9 Fair 814118.169 962222.803 $975 49 $975
309-303-054 5495 Old Spanish Trail 22.5 9.6 Fair 814119.764 962702.798 $2,400 $500 121 $2,900
309-303-055 101 Loquat Tree Dr 24 8.2 Fair 813741.03 961650176 $2,050 $500 103 $2,550
309-303-056 41 Loquat Tree Dr 24 9.4 Poor 813749.493 961469.168 $2,350 $500 118 $2,850
309-303-059 1263 Fran9ipani Cir 22.5 9.2 Fair 814378.839 962711.741 $2,300 116 $2,300
309-303-061 Retention Pond 23 10.1 Fair 814481.062 962265.417 $2,525 $500 $888 127 $3,913
309-303-072 main drive near NE comer of Sams Club 23 7.9 Fair 814047.012 961014.631 $1,975 $500 99 $2.475
309-303-074 Retention Pond 23 13.5 Fair 814453.76 962285.902 $3,375 $500 $1,187 170 $5,062
309-303-075 behind 1360 Sea crest (Palm Beach Tire) 23 8.2 Fair 814541.745 962266.562 $2,050 $500 103 $2,550
309-303-077 empty field SSE of LS303 (5 of MH63) 24 6 Poor 0 0 $1,500 75 $1,500
309-303-079 S of storage area - 1360 Hypoluxo Road 23 74 Fair 0 0 $1,850 93 $1,850
309-303-080 alley behind 1308 Hypoluxo Road 24 6.9 Fair 0 0 $1,725 $500 87 $2,225
309-303-083 291 Ficus Tree Dr 24 4 Fair 0 0 $1,000 50 $1.000
309-303-084 Retention Pond 23 8.9 Fair 0 0 $2.225 $500 112 $2,725
Page 2 of 14
i alld I !-'rograrn
~-~)i- l~:.Fj II r ()IF:; RF~t (1!'~
48 I T ---I ---T----~.. -"T'" - ..--..-..----.
!.)lI~ :JU4..""C' + 23 1 41 r' !-8"- ~-I. 81041368 I 96179270 I ~ ~'_~~_ _'.! '_+ --:.+ -. $1025. --.J
__'''_'_ 2'::'::-____ _ I ;':J I "' I "uC" T.81055265.19617510571 S11,'" ~t- .t..-~l175. --:
,i,(,s j,;,".1 i, " I.' ,Inp, ,",<,aI, ~._. _.--'~' _. ' .. . I .1. 311334019 L 96178693) ~1 55l J.: .. . ,,2,05[,
-;og~-JCI4--=-L;, "" '''' II , Iflve & I, ,',Wi n ! .. j .__. J Rl1333 001 I 862055472 1.._ :;;155li_J i 2. ..... _L :;;2.U50 ___I
._160" !-'alm L>flve 23 _'j" ..2_.L _ f'oor . 811315.119 962244977 .. $1.000 __ SS[II. 1. ..~. _. . _._L SI,50[) .-.,
309-304-00[' 3380 E Atlanllc Dr _23 _ .__.-"---__ Fair _._ 811685.261 962078291 $1,250 .._.._L__~__ .._.___.______._ $1,250 i
309-304.U1i" 3355CJceanParkwav_._ ~ ___...~_i__~_. 811769.16 962007004 $1,675 _ ...~..__________.._______. S1675 I
309-:J04-01' N AtlantiC Dr & OCeal'!'dr~","_ 23 j. 5.5 Fair 811769. 16 962007004 $1,375 ---. S500__ .. .---- - .- ..' -~-.- -- .-' .---.- --..-'--.- - .-....-- --~.=J. ---
309304-0' 3441 Ocean Parkway 23 45 Fair 811888.515 962159064 $1,125 57 .~
--. - --- - .-. ._- ._.
309-3C~~ MentoneRd&Oceanl'Jrfwa' 23 __~___ Fair 812109088 962168775 $1,075 $50(,._ _~ _ .__.._.____ ....____..._ $1,575_1
309 304.Cll' 246 Mentone 23 48 Fair 812114108 96185941 $1,200 m _. .~...._ _..--1----. $1 ,200. .)
309.304.0 If 246 Mentone 23 47 Fair 812125.217 961846299 SI,175 $50(' ... _ ._.___ 59_ __ _'_ $1675 -J
309304.017 100 Mentone _,,_.__ ___. _____ 23 43 Fair 812128.059 961679453 $1,075 ___~_______-.- $1,075 'I'
13 . '
309-306-001 2941 Ocean Parkway .----- -. .- --.- 23 42 Fair 809677199 962189.956 $1,050 ---- ---~-- .-.-... -53"- --- .------- .--...----.-...-- $1,050 J
_ -- .- -- ----.- -- . ----... --. ---,-.--------.--..-...~--.--...-
309-306-002 Sea crest and S Palm Dr"" ._.. .l:?.. _.._ _._..~_ __~__ 809775.319 961225123 $3,500 S50(; ._~_.___ _._._....__ .___,_,_,__'_ $4,000.~
309-306-008 3201 E Palm Bay 23 4 Fall 810766.803 962290.463 $1,000 50 $1,000 I
309-306-009 3245 E Palm Dr ---. - ...- ....23'- -~---. Fair 811016,955 962302603 $1,150 -- - -~ """'5B"-- -'---' $1,150'1
309-306-013 3085 Ocean Parkway - .--f--23" 5 3 Fall 810178.137 961913.809 $1,325 67 ----...---.-.--.- $1,325 ....1
------ ._-1----- --1--.--
309-306-016 125 Flamingo Dr .____" _..~__ 4.5 f--- Fall 810033.486 961579.01 $1,125 ____ 57 .------ $1,125 I
309-306-017 Seacrest and Flamingo Olive 23 12.9 Fair 81004006 961234743 $3,225 $500 162 $3,725
.- ._1--__ -- -- ----1--- .-... --.- .- ... -.----- .- ---.. -,
309.306-021 3105 Ocean Parkway 23 8.6 Fair 810319888 961841438 $2,150 S500 108 $2,650
309-306-024 ___. Seacrest and AtlantiC Dr . ____ ~_~._.. __ 12.6 _ Fall 810290.026 961243.505 $3,150 $500 SI 108 158 .--===--=.:....____. _ $4,758 ..
309-306-02E 118 S AtlantiC Dr W 23 6 8 Fall 810295.162 960706 197 $1,700 1i5 $1,700
- --. - .----------
309-306-028 __ 129 ArthurCt ______..__ _. i-- .~_...___ 5 Fall 810631472 960410449 $1,250 63 ___ ...._.___.___. $1,250
309-306-032 Arthur Ct and Seacres! , i 18[1 o.C"ilCI",j '.._ 23 __ 10.9 Fall 810627,392 961252 622 $2,725 :;;500 ___ 137 $3,225
309-306-033 3216Seacrest ._____________ ~_.. 23 47 Fall 810901.546 961264741 $1,175 .._____~_.__. 59 _______ $1,175 ...m
309-306-034 3276 Seacrest Blvd 23 4 Fall 811155.487 961273106 $1,000 50 .______ $1,000 ~
309-306035 3155 Orange St .- 23 114 Fall 810500.101 961507272 $2,850 $500 143 $3,350
309-306-038 OrangeStandNPalmlJllve,-'-::.. .E.._._ ~__ Fall 81133913 961537.57 $2,650 $500 ...___._ __ _. 133___ ~.____.====.._. $3,150
309-306-039 3365 Orange St _ _ .32.._._ 7.5 Fall 811599,711 961548.404 $1,875 ___ _ _' 94 $1,875 .
309-306-040 3399 Orange St 23 6.8 Fair 811852612 961559664 $1.700 85 $1.700 I
309-306-041 240NATLANTICDP.~._1-- 4 Fall 81185041 961819301 $1,000 $500.. 50 $1500
309.306-042 3455 Orange St 23 1--_ 4.3 Fair 812021.355 961567.298 $1,075 ..._ 54 $1,075
309-306-043 N Palm Dr and Seacresl Blvd 23 12.1 Fall 811341.162 961278 865 $3,025 $500 S 1 064 152 $4,589
309-306-044 3390 Seaerest Blvd_ ..... 23.5 8.3 Fair 81737.406 961293615 $2,075 $500 104 $2,575
309.306-045 N Seaeres! Blvd and Mentolle Rd 23 4 Fall 812129.207 961309.55 $1.000 50 $1,000
309-306-046 Mentone Rd, North at 3491 Orange Stir; "dew 23 4 Fall 812126.892 961480501 $1,000 $500 50 $1,500
24
309.307-002 2181 NW 1st St 22.5 41 Fair 0 0 $1,025 -- 51 $1025
309-307-003 rneasementNof2181 NW1stSt 225 4.3 Poor 0 0 $1,075 54 $1.075
309-307-006 easement S at 2220 NW 2nd St 22.5 79 Fair 807026.43 960608493 $1,975 99 $1,975
309-307 -015 Easement behind 2201 Sea crest BLVD 23 9 Fair 807030.165 960886 638 $2.250 $500 113 $2,750
309-307-016 2301 Seaerest 225 5.5 Fair 0 0 $1,375 $500 69 $1,875
309-307-022 2660 Seacrest 22.5 15.9 Fall 0 0 $3,975 $500 200 $4,475
Page 3 of 14
. --..- -~
Phase II Manhole Repairs
309-307-024 2750 Seacrest, SE corner 22.5 15.5 Fair 808578.034 960808.765 $3,875 $500 195 $4,375
309-307 -026 2751 Seacrest Blvd 22.5 8.1 Fair 808657 961069105 $2,025 $500 102 $2,525
309-307 -029 2720 NW 1 ST ST 23 5.3 Fair 0 0 $1,325 67 $1,325
309-307-034 2771 NE 1st St - righ1 rear 22.5 15.1 Fair 808689.062 961296.536 $3,775 $500 190 $4,275
309-307-036 171 NE 27th Ct 22.5 7 Fair 0 0 $1,750 $500 88 $2,250
309-307-037 2761 NE 4th Ct - cenler rear 22.5 4.6 Fair 0 0 $1,150 58 $1,150
309-307-038 50 Ocean Parkway 22.5 12.3 Fair 808926.796 961331 198 $3,075 $500 154 $3,575
309-307-039 Seacrest Blvd and NW 28th Ave 22.5 8 Fair 808941 .609 961168.08 $2,000 100 $2,000
309-307-040 170 NW 28th Ave 22.5 8.9 Fair 808959.319 960885.245 $2,225 112 $2.225
309- 30 7 -041 190 NW 281h St 22.5 8.8 Fair 809013.071 960772.784 $2,200 $500 111 $2,700
309-307 -059 20 Miner Rd - access 11 NE 28th Ct 22.5 7.9 Fair 809365.577 961315.364 $1,975 $500 99 $2,475
309-307-060 150 Miner, enter W gate, MH SE corner 22.5 8 Fair 0 0 $2.000 $500 100 $2,500
309.307-061 300 Miner Road, SE corner 22.5 5 Fair 809357.297 961917.391 $1,250 63 $1,250
309-307-062 390 Miner Rd on Ocean Parkway 22.5 4 Fair 809357.694 962170518 $1,000 $500 50 $1,500
309- 307-064 201 NE 26th Ave 22.5 8.9 Fair 808174.34 961700835 $2,225 $500 112 $2,725
309.307-065 351 NE 26th Ave 23 8.2 Fair 0 0 $2,050 103 $2,050
309-307-066 NE 26th Ave 23 6.7 Fair 0 0 $1,675 84 $1,675
309-307-068 Median on NE 1 st Ct, E of buiding 2 23 6 Fair 0 0 $1,500 75 $1,500
309-307-069 2520 NE 1 st Ct - Median in front of Bldg 8 22.5 5.2 Fair 807400.444 962022.329 $1,300 65 $1,300
309-307-071 121 NE 26th Ave, NW corner 23 12.9 Fair 0 0 $3,225 $500 $1,134 162 $4,859
309-307-080 across from 2650 NE 3rd St 22.5 11.6 Fair 808295,921 962018.653 $2,900 $1,020 146 $3,920
309-307-081 2648 NE 3rd Ct 22.5 11 Fair 808267.902 962064.746 $2,750 $500 138 $3,250
309-307-083 2650 NE 3rd St 22.5 12 Fair 0 0 $3,000 151 $3,000
309-307-085 501 NE 26th Ave, W side of parking lot 22.5 4.7 Fair 0 0 $1,175 59 $1,175
309-307-087 2771 NE 5th Ct 22.5 3.9 Fa;r 0 0 $975 49 $975
309-307-089 400 Miner Rd, SE comer 22.5 44 Fair 0 0 $1,100 $500 55 $1,600
309-307-090 2881 NE 5th Ct 22.5 4 Fair 0 0 $1,000 50 $1,000
309-307-092 370 Miner Rd 22.5 4 Fair 809482.017 962097 752 $1,000 50 $1,000
309-307-094 475 Miner Rd 22.5 4.2 Fair 809511.14 962442.555 $1,050 53 $1,050
309-307-096 2851 Seacrest Blvd 22.5 4 Fair 0 0 $1,000 $500 50 $1,500
309-307-097 2771 Seacrest Blvd 22.5 6 Fair 0 0 $1,500 75 $1,500
37 ' 'C. ..<.c',;.... ~,"C- o" . ". .- . .. . '.C'. ,.i",,,:;r;'['. .
309-308-001 2235 US 1 - Boynton - Hypoluxo Animal Clinic 23 5 Fair 806076.334 964580.374 $1.250 63 $1,250
309-308-002 corner of Gateway and access road - NE of BM 23 5.8 Fair 806371.204 964608.311 $1 ,450 73 $1,450
309-308-013 Gateway and NE 4th CT - in westbound lane of 22.5 11.6 Fair 806443.441 963695.755 $2,900 $500 146 $3,400
309-308-021 510 NE 26th Ave 22.75 4.2 Fair 808140.46 963810327 $1,050 $500 53 $1,550
309-308-022 426 NE 26th Ave 23 5 Fair 808141.328 96354008 $1,250 63 $1,250
309-308-025 Gateway and NE 3rd 51 - westbound lane 22.5 11.8 Fair 806484.218 963433.783 $2,950 $500 148 $3,450
309-308-026 2322 NE 3RD ST 22.75 10.9 Fair 806762.537 963427 728 $2,725 $500 137 $3,225
309-308-030 2658 NE 3RD ST 22.75 4.7 Poor 808051.483 96340552 $1,175 59 $1,175
309-308-038 2136 NE 2ND CT 23 3.6 Fair 806217.999 962769 152 $900 45 $900
309-308-058 Waf 304 NE 2nd St, easement @ of Village on 24 8.4 Fair 806804.829 962657.425 $2,100 106 $2,100
309-308-059 easement behind 215 Gateway Blvd 24 8 Fair 806872.012 962372 72 $2.000 $703 100 $2,703
309-308-060 easement behind 121 Gateway Blvd 24 10 Fair 806926.417 962124068 $2,500 $500 126 $3,000
309-308-061 NE 1 st CT - N of Gateway entrance by Stop I D 24 8.1 Fair 807004.519 961787.952 $2,025 102 $2,025
309-308-062 crosswalk of Gateway and NE 1 st Cl 24 8 Fair 806878.197 961757.983 $2,000 100 $2,000
Page 4 of 14
i__:1nU I ....'rU~~rdll
!'h'js," II lie Rer.,i":"
,lIeij;:" _li.':',,~..c::!,-,.1 i' I r3" [_B06940149-_- 96129065~i ~I()Ui .~CI'!'..J -1. _.__. .!-- S15UO..
,.'.0'" 3')o')t L261!"Elstlr, I :24 i i Fali j 807210.012 96128~783 s1,2501 1 61 I ,12"[,
:".'1' .['". i"" ::', 1-iT<" 'i! , !: , 24 : ,-. T "a" '1- 80750826P, 961274 764 5700 --T -'1" ..~- r $700
;_~_-~~--308-":;i:;-~ rNE oj Inters~,~,i ;1; I" I .~..: ~ : .i i F.~:: J "'<.06937 ~,~~~~ Yh1j3C ~t~1 $1,1-/:-; 1 _.~( n 5~1" r $1 17:~
[W" )'16-[," j221':';atevJ3\ I ~'_ '_ I !'ali L_ [ _.9__ S1325 ".L I I!.~ I S1 B2t
l:l09-308-U;c,. 203 Gateway _____.~__. I 23=1~.':'j~--r-~-_--.~ $1,375,,____4_ -- ~t --- ________$1375 i
f J09.30B-OSl 21 Easement W of NE cr,J 5r alTd NE nr~_::e_t 24 __ ---"-~ tfatr-T- 0 U $2,225 __,:j="_ . ....-. -' __ 112 __ _ -----r==-~~_ $2225 J
!:~0.l309IJU.-1 easementbehlnd1330r:!V-'--1~..'n-,,',e.: ... l?~ 4 j poo.r .1.80298174 961367:293 $1,000__ ______ _ _ _~_ _. ___ ___ $1,000. j
I J09 110900". behind 160 NW 14tr, Ave _________.. J 23 4 -"atr J__. 0 0 S1000 5(} _ $1000 .-1
hoq 1109 Oel,' 310 NVV 14th Ave Ease",::,,' ':ch"1IJ Ie"" 1 23 C 6 I F8I' j 802979 305 .~ --1
r'109309-00: _ SW corner of i)ropc<o-r1y__:~111~!v4~ll St" "II ?~ T 74- I p';;-or J 802978281 1--- $2350_--1
i>,09309.0Ul 1421NE4thSt . .. .2~ _ ~_" ~_. _____~___I---. lJ $115U' __S50Ii __ "-i--~ _ ..._...._ _$1,650..--1
309.309-011 center backyaroacrosc, Irom 1443. NW4t1:5t_ ~ !--.:'" t ~ +--~-f-c U $1.800 .. - - ~ -- ~l-- - - ....---. '.'---.. $1800 ---~
309.309.01' 1474 NVV 4th St, NE corner between fence and.. ....l2....___ _.2Q._ _ ... Fall_.=t=__.~___f-""_~" $2.500.. _ c_..~__ ____ __ __.. .._ $2,500 ~
309-309-01:' 340 NVV 16th CT. SE corner behind fence __ _, 23 . --I-- ---'!..._.. _ ~ 0 0 . $2,000 .___--,.. ... ..!.Q!!.. _.. _ _ ___ _____'-'-. .,,--'- $2,000 .--..1
309-309-021 380 NW 16th CT SE corner near palm tree _ .22.._ _ ~'.l",~!": . 804295758 960040. 1 $2.700 ._ _ ,5(~~. '-::'.:'Ii.. 136 - -- - .- - .- --.-.---- --~- -I
309-309-020 408 NVV 16th Ave. due S fro VV Side of house ,__~ -f--~'- __ ~.. 80404441 959900.233 $1,325_ .___ e-...!!!....... _ ___ _ "_n_____ $1,3251
1109-309-027 402 NW 16th Ave. SVV corner by pole _ 23 6 Poor 804047742 960107222 $1,500. 75 __________._. . $1,500 I
309-309-028 1510NVV3rdSt-NEcornerbYPole..,'- ~~_. 23 '_-=:=~ 10 ,. L~-" Fall D D $2,50D S5IJ().== .~-=f--126!- ________ $3,000 1
309-309-0114 easement behind 1620 NVV 3rd LN .._ 22.75 ... 12.2.1. Fall.. 0 0 $3.050 153 $3,050 I
,309-309-035 _ easement beh:nd 1670 1>N1_~:d L,;N _-- 22.75 .-~- -: 136' T... Fail -.: . 804573755 960935.787 $3400 _---=:~= . _~_+-' 171 - -=.:.::---::::......_____ $3400_1
309-309-036 1691 NW1sICT._~~wal^ _,,_______ 22.75 _... __c~_.. n~.. 804580.162 961040625 $3,150 c._.__ --.---+--~--f------..--. $3,150 i
309-309-037 1690 NW 1 st C1 _ _ . 22.7~__j__~_ _ _ Fair. _ 804557,315 961087,281 $3,250 ___ _.__"._____ _' 163__1-----_______._. $3,250 ~
309-309-038 1691 Seacrest Blvo - behind NW 17th 6vT. 22.75 ,,_.. 14 5 __.~__. 804558792 961193.943 $3,625 $500 . 182__ ___'___ _ -.-..------ $4,125 I
309-309-041 easement behind 1460 ,"VV 1st CT ._.. 22.75_ . . "E..__ ~,,_ 803775418 961345.291 $3.000 __ _____ __<---. 151,-_+-__ $3,000
309-309-04~ easement behind 1460NW 1stt:'! ....... 22.75_.._ .._:2..!..._ __~_ 803732.82 961348.941 $2,925 S50l, .___ __ 147___~__._l--. S3,425 ..-J
3U9309.04: easementbeh:nd141OINI1stc:T 22.75. .~_. f.~' 803445.662 961355.806 _ $1.50D _ _ .~_w_ __._._. . $1,500 I
309-309.(]4,' easement behind 13% NVV 14th dVT.. 2275 49 Fair 803165734 961366741 $1.225 62 $1.225 1
-. --1--' .--- ---- ---- .--------------.-.--.--
309-309-(],15 1485 NVV 1st CT _. 22.5 .._..22Ji___ _ ~ 803723.599 961102004 $2,900 $500 __._______ 146 _____ . $3,400 ..J
f309-309-04b 1498 NW 1st St __ _._. 22.5~_.l___~._I__- IJ IJ $2.700 S500_..____ 136 ,___.__ __.._!--. S3,200 --I
309-309-047 SE corner 1580 "W 2nd! N. u. __ .~". _ .~__ Fall 0 0 $1.925 _._._ ~. S1,925
309.309-04R 1550 NVV 2nd LN - left ot shen 23 67 Fall 0 0 $1 675 84 $1,675
309309-049 1510 NVV 2nd Sl . enter left Si,)' ,;I/:;d-Mil-,n -. 23-=" -.:- 5 7-- ---~_I__- 0 0 $1:425- S500 ~:=:___ _ ~2 ---'. $1.925
J09 309-05r, 180 NVV 14fh C1 23 4 Fair 0 (I $1,000 50 $1.000
.---- - ---,,---- - .._---
309 309-053 171 NW 14th CI ....__ _ .____ _ .__ _' --f-- 22.5.,. __ 65 Fair 0 0 $1.625 82 ___ _. $1,625
309-309-055 1691 Seaerest ____. ______ ___.__ __ ._.~_.__ 132 Fall 804563.344 961293695 $3,300 S5IJO SU61 166 $4,961
309-309-057 1690 NE 17th AVt 23 164 Fair 804584216 961466A26 $4.100 S500 206 $4,600
.----
309.309-059 120 NE 16th Ct 23 6 Fair 0 0 $1 500 75 $1.500
..-f-. '
309-309-060 1701 NE 17th CT - NVV corner of property 23 16.8 Poo,-_ _. 0 0 $4,200 $500 211 $4,700
309.309.06:' 1750 Seaerest Blvd mlddlt of hackyard wall- 23 164 Fair 0 0 $4,100 206 $4,100
309-309-066 101 NE 17th CT - NE corner by gretn fence an 23 4.9 Fair 805079389 961504509 $1.225 $500. 62 $1.725
309.309-069 1800A Sea crest _ around Right side 23 143 Fall 805204594 961260747 $3,575 $500 180 $4,075
309-309-070 1860B Seacresl around Left Side 23 13 3 Fair 805362.269 961209495 $3.325 $500 S1,169 167 $4,994
309-309-072 121 NE 19th Ave 23 113 Fair 80549104 961515.394 $2,825 S500 $993 142 $4,318
309-309-073 access from left Side 01 110 NE 19t11 Ave 23 4 8 Fall 805340467 961507 158 $1,200 60 $1,200
Page 5 of 14
I allU II IU~IOIII
Phase II Manhole Repairs
309-309-075 111 NE 19th Ave - ri9ht side of house 23 13.8 Fair 805595.88 961515.043 $3,450 $500 173 $3,950
309-309-076 E of Green St in yard by power pole 0 14 Fair 805593837 961882759 $3,500 176 $3,500
309-309-077 S end of NE 2nd CT 23 7 Poor 805584.06 962640.627 $1.750 88 $1,750
309-309-078 NE 20 Ave and NE 2nd CT 22.75 6 Poor 805729.957 962639.692 $1,500 75 $1,500
309-309-079 2115 NE 2nd CT 22.75 4.4 Poor 805962.513 962633.981 $1,100 $500 55 $1,600
309-309-080 2141 NE 2ND CT 22.75 5 Poor 806203.956 962627.709 $1,250 63 $1,250
309-309-081 2150 NE 2ND CT 22.75 4 Poor 806366.12 962625.087 $1,000 50 $1,000
309-309-082 2206 NE 2ND CT 24 4 Poor 806501 097 962620.653 $1,000 50 $1,000
309-309-083 NE 20th Ave and NE 1 sl SI 23 51 Fair 805732.414 962931.308 $1,275 64 $1,275
309.309-084 2122 NE 1st 8T 23 4.3 Fair 806050.574 962379131 $1,075 $500 54 $1.575
309-309-085 NE 1st ST and NE 21st Ave 23 4 Fair 806403.113 962370.733 $1,000 50 $1,000
309-309-088 behind 1800 NE 17th Ave 23 47 Fair 804866.893 962655.777 $1,175 59 $1,175
309-309-091 1750 NE 2nd LN 23 5.3 Fair 804604.358 962670 129 $1,325 67 $1,325
309-309-092 empty lot N of NE 16th 23 4 Fair 804386.795 962677.613 $1,000 50 $1,000
309-309-094 210 NE 16th CT 23 5 Fair 804389.578 962260.021 $1,250 63 $1,250
309-309-095 211 NE 16th Ave 23 4 Poor 804279.224 962856.947 $1,000 50 $1,000
309-309-096 NE 16th Ave and NE 1st CT 23 5 Poor 804293.968 962131921 $1,250 $500 63 $1,750
309-309-098 NE 2nd LN and NE 17th Ave 23 5 Fair 804783.296 962511401 $1,250 63 $1.250
309-309-099 across NE 17th Ave North of 290 23 4 Fair 804784.759 962444.283 $1,000 50 $1,000
309-309-100 1831 NE 2nd LN 23 5 Fair 804912.046 962442.103 $1,250 $500 63 $1,750
309-309-101 1831 NE 2nd LN 23 4.2 Fair 804B99719 962414.573 $1,050 53 $1,050
309-309-103 240 NE 19th Ave - 5W comer 23 4 Fair 805327.696 962275.008 $1,000 $500 50 $1,500
309-309-104 NW Corner 181 NE 18th Ave 23 5 Fair 0 0 $1,250 63 $1.250
309-309-105 290 NE 17th Ave 23 6 Fair 804637.244 962453.154 $1,500 75 $1,500
309-309-108 151 NE 16th CT, N end in hedge row (orange v. 23 7 Fair 804567.031 961982.147 $1,750 8B $1,750
309-309-109 111 NE 16th CT, NW corner of Lot 23 4 Fair 804552.943 961692.599 $1,000 50 $1,000
309-309-110 1919 N 5eacresl 23 6.9 Fair 804497.056 961020.298 $1,725 $500 B7 $2.225
309-309-116 2000 5eacrest - around right side 23 9.5 Fair 0 0 $2,375 119 $2,375
309-309-117 2100 5eacrest - behind fence 23 75 Poor 806333 006 961180.509 $1,875 94 $1,875
309-309-118 11 Gateway Blvd 23 73 Poor 806796.062 961164.689 $1,825 92 $1,825
309-309-121 2101 5eacrest - behind shed - right side fa hou 23 6.9 Fair 0 0 $1,725 $500 87 $2,225
309-309-122 CDC Gateway and 5eacresl, parkin9 101 on sou 23 5.3 Poor 8067B2.4 960893.135 $1,325 $500 67 $l,B25
309-309-123 1900 NW 2nd Ct, NE comer by phone pole 23 107 Fair 805735.66B 960663.298 $2,675 $500 $941 134 $4,116
309-309-133 2050 NW 2nd CT, NE corner near fence 23 4 Fair 806276.546 960663.256 $1,000 50 $1,000
309-309-137 2090 NW 2nd 5T, between fences in back 23 41 Fair 0 0 $1,025 51 $1,025
309-309-142 211 NE 19th Ave 23 9.4 Fair 0 0 $2,350 $500 118 $2,B50
", 75 -.- "'. :'.. ,- ", - ".," .,c_ . . ',c,'.', ..
309-31 0-063 NE SIDE INT/SEC OF NE 20TH AVE & NE 4TI 23 7B Fair B05716_28 963972.45 $1,950 $500 98 $2,450
309-310-084 SE INT/SEC OF NE 4TH 5T & NE 20TH AVE 23 81 Fair $2,025 102 $2,025
309-310-0B5 NE 20TH AVE 22.5 47 Fair $1,175 59 $1,175
309-310-018 NE 15TH AVE & NE 2ND 5T 23 78 Fair 80376608 962966 03 $1,950 98 $1,950
309-310-019 NE 2ND AVE 23 41 Fair 804106_BB 962960_32 $1,025 $500 51 $1.525
309-310-021 NE 3RO CT 23 9_2 Fair B03763_01 963205.67 $2,300 $500 $B09 116 $3,609
309-31 0-022 NE 3RD CT 23 5.2 Poor 804103.53 963193_9 $1,300 $500 65 $1,800
309-310-023 WEST OF 1601 NE 15TH AVE 23 93 Fair 803762.65 963336.19 $2,325 117 $2,325
309-310-024 NE 15TH AVE 23 79 Fair 803731_81 963492_16 $1,975 $500 99 $2,475
Page 6 of 14
j dl1U I t~r()iJrC:lJfi
"",,3,,(, II tv' "'lIe RRr,aw
;(';-'0~ ';,; 'ellic;' ' J ~~'~...:.+ -;::;'J':~~:~~.~~ 9:~~~~2:.. ~~ :,'~ ...j--- 1 :~ tL.-~; ~7~)
'[;;;C:;L:~G:, ~ 5,!! i f.2: r Fa" 1 80346255 963355.91.. $1,40" "I .~::.. 1. _2'.. _1. 1. _ $1 90G !
:;,,; ....;". iNF4'ii' '._'! a,' 80362299 9637633 >1.57: t !I~ i 1 $187~ '
.1"".1,',', Ir,[4"iC'. i." 4c [ r-;;;; , 80410422 9637513. $122;'-..:;' L .",' r 1. :1.2:'"_
~.:..:.r..... . .. 'J ,. ! ~_~ -1 ~ 1 803622.34 963882.99. 51.950 .t.......-. ~ ~ l I _ ,1.95U
J09 :iW.036 NE 14TH AVe . _..__._ ~L ~ 1 ~ 803227 92 963063 01 $1,275~_.L___1. ~ . .__. __ _._. _~__;
~_:J1O'037.. ACROSS FROM 3~!!.e 14TH "'It' t... ~~: [~'. .'~"'" poor...-.--~- 803281. 4 96277114 $1..025 550l.'... __. ____I- _... 'i1.. ._........ '.__.__ ----=$ 51525 .J
JOY :,1[) OJ? NE 4TH ST AND 'Ie i'JTH "liE '3 (G -l- Fair 80362184 96398591 $1900 95 $1900 ---l
1300 J1[1 04~ ACROSS FROM ,131 Nt 16TH ^'.'" f ~- G8 1-- Poor - -- 80423274 96358941 $1,700_ e-.. '"')['.'=: 85 ~__ ~~~'. H...__ ~-_ . $2 200..~
1309,1\Hi4' NE3RDCTANDr'!El~mA')i:' _.-~. 69_ -J.,-Poor'.. ~. -80423828 96320437 $1,720 87:=.r._._. . ~u;
~22.:HJ4,'. ACROSSFROI.<.,i:'!jE';T.iHi:.f T Ji_ 5" ...1 _~.. _ 80424201 96287143 $1,375~)rq_..~...:::C. ,-u"i $1875 _ ~
1309.310.001 S CIRCLE DR ~_ 2220 1 oJ._. Poor". _. 80447165 963670.22 $1,575 ___1--._ 7& _.-L.__. '__' _ _ _ _ . _ __~ ' ,
309310-05:- S CIRCLE DR .. 2225 Poor 80448306 963602.92 $1,500 _,,_ __u _ ~--L _ $1 500 _~
309-310-054 NE3RDCTAr,D:o~:'~"i;_'L"F-ijp'" -- -"2"4 +-- 51 Poor 804482..13 963210.84 $1,275 __ ___.~~.. '__. __.___"._u___~---l
309-310-058 NE 3RD CT ,,____ U -- . - 24 .--t . ~ __ Fair 80470227 963213.7 $1,150 S500 _ _ ,,___u__ __~u_._______._. $1,650 I
309-310-059 BEHIND 1723 NE~f!L''..___"L ~ 1. _~ _ .....~..__ _ 80469563 963054.58 $1,125 _ .S500 _ _. _,,__,,~_ __ .. . _..____. _.. ___ .. $1,625 ~
309310-002 NE 16TH AVE .L 23 1 65 Fa" __ 804143.59 961825.59 $1,625 ___ ... ,"._.. 82____ $1,625 j
309-310,003 NE 1ST CT - .__.__ .+-_ 23 ,,_ _ ,1 . ..~." 80414297 962161.46 51,000__" "_".__. 50 _'___'____"_' ._______ $1,000..1
309-310-004 NE15THAVI=&I'El:~TC..i 23 f--. 5 Fair 803781..99 962171.05 $1,250 .... 63 .' ___..'_. ____...... $1,250 I
309-310-005 NE 15TH AVE - -2:3'-1----"'4'- Fair 803781.53 961990.94 $1,000 $:Jon 50 $1,500
309- 3 W-006 NE 15TH AVE .----. -.. "2:)--1--.-"4 Fair 80400733 961732.26 $1,000 50 .--...----.- $1,000 I
309-310-008 NE16THAVE ",,__,,__. _- -_23-:_1-._42 Fair-- 80427707 962424.7 $1,050 .___:-----m 53._______.__.,,__ ...---~~.--i
309310009 NE1STST __ . ~ f---~. ""Poor. 803852.83 96243613 $1,000 SSOO,_____..~___".__,,________.. $1,500 I
309.310.010 LOTEOF291 tjF..2!'li~."~.C.__u_....__L ~ _ .::...1,,_.'- Fair 80427306 962689548 $1,025 .__._ .._I-~____..._._.---_.----- $1,025 J
309.310 011 NE 2ND CT . _". -..."...1- _ 23 6 Fair 80377008 962700.66 $1,500 .________u_ ._._ _..!!!......._ _.,..__ ____ ___... ___. ___. $1.500
309.310-013 NE 1ST ST & NE 1-1TH ~\!cl. 23 5 Fair 803285.26 962426.9 $1,250 63 $1,250
1309.310.014 ACROSS FROM1 ,-':.:,iIl",cl ,:r "].: 23:=~: 4 -:. _ Fair 8036661 96241479 $1 ,000 $50!iu_~=..:_ 50 ____ $1,500
309-310.011 NE 14TH AVE ..1 ~,_ 5 Fair 80329175 961751.58 $1,250 .._,______ _ _.___..__~_______._ $1,250
309-310-078 NW 141H AVE - I~'- - 5 Fair 803294 961492.99 $1,250 _...._____,,_I-~___ _ ___,,_._______ $1,250
309-310-061 NE 1ST ST 23 4 Fal[ 80366723 96241479 $1,000 $800 50 $1,500
40 . --------. - . ,---- -
356-203-00,; _ 1 620 OCEAt, INLEl DR _ "':'-='--,_.. 23 n_ 126 Fal[ 803281.29 964864.96 $3,150 $50\1___ __'__" 158 -. .-..-.....-- $3,650
356-204-001 630 North r,oao 23 45 Fair 0 0 $1,125 __ __ 57 $1,125
356.204.002 North Road & Nurthwest R"rlcj _ ,,_ _ 23 49 Fal[ 0 0 $1,225._ _. 62 $1,225
356-204-003 North Road & Central Road _._I-_....~.... 79 Fal[ 0 0 $1,975 S50n ___ 99 $2,4 75
356-204-004 North Road & Northwest Road 23 67 Fal[ 0 0 $1,675 S50n 84 $2,175
356.2U4-005 North Road & East ['rive --- -. 23 5 Fal[ 0 0 $1,250 5500 _ 63.. $1,750
356.204.006 622 South Road 23 6 Fair 0 0 $1,500 75 $1,500
356.204007 639 South Road .." 23 9.2 Fair 0 0 $2.300 5500 116 $2,800
356.204-008 South Road and Northwest 1644 South Road 23 9.3 Fair 0 0 $2,325 117 $2,325
356-204-009 South Road & Central Road 23 79 Fal[ 0 0 $1,975 99 $1,975
356-204-015 626 Mariner's Way 23 88 Fair 0 0 $2,200 111 $2,200
356-204-018 1304NE12thave 23 7 Fair 0 0 $1,750 88 $1,750
356.204-U19 NE 12the Ave & Willard Way 23 118 Fair 0 0 $2.950 $500 148 $3,450
Pdye 7 of 14
Phase II Manhole Repairs
356-204-020 1155 Willard Way 23 10.2 Fair 0 0 $2,550 $500 128 $3,050
356-204-021 NE 12th Terr 23 8.4 Fair 0 0 $2,100 $500 106 $2,600
356-204-022 731 NE 12th Terr 23 7.5 Fair 0 0 $1,875 94 $1,875
356-204-023 743NE 12th Terr 32.25 7 Fair 0 0 $1,750 88 $1,750
356-204-024 End of NE 12th terr 32.25 5.8 Fair 0 0 $1,450 73 $1,450
., 17 ., .. .. ,,,c''''';' . .,:. , , '" '. ....",.,c '.'
356-206-011 BROOKEDALE DRIVE 23 5.6 Poor 795485.14 964594.64 $1.400 $500 70 $1,900
356-206-012 933 BROOKDALE 23 5.6 Poor 795518.23 964553.55 $1,400 70 $1 ,400
356-206-013 934 ISLES RD 23 8.9 Poor 795477 14 964230 13 $2,225 $500 112 $2,725
356-206-018 CASTILLO LANE 23 4.6 Fair 79503957 964575.18 $1,150 58 $1,150
356-206-020 632 RIVIERA DR 23 5 Poor 794616.42 964274 73 $1,250 63 $1,250
356-206-027 651 SNUG HARBOR DRIVE 23 4 Poor 79443202 964810.02 $1,000 50 $1,000
356-206-028 WOOLBRITE ROAD 23 4.1 Poor 794173.68 964188.81 $1,025 51 $1,025
71'",,~' . ". .... .. . ". -- -- '. .. _. .... . 'Cc,,,",cc
356-207-001 COLONIAL CLUB SOUTHERN HEDGE ROW 23 9 Fair 788578979 963503.911 $2,250 113 $2,250
356-207-002 COLONIAL CLUB.. SOUTHERN HEDGE ROW 23 7 Fair 788582.573 963677.81 $1,750 88 $1,750
356-207-005 S OF BUILDING 34 COLONIAL CLUB DR 23 7 Fair 788914771 963685.848 $1,750 $500 88 $2,250
356-207 -008 N OF BUILDING 8 COLONIAL CLUB DRIVE 24 4.2 Fair 788911.395 964183.125 $1.050 53 $1,050
356-207-010 N OF BUILDING 19 COLONIAL CLUB DRIVE 24 5.5 Fair 789046.07 963921.414 $1,375 $500 69 $1,875
356-207-011 N OF BUILDING 30 COLONIAL CLUB DRIVE 24 6.6 Fair 789037.951 963809.212 $1,650 83 $1,650
356-207-012 S OF BUILDING 29 COLONiAL CLUB DRIVE 23 6.9 Fair 789055.699 963766.422 $1,725 87 $1,725
356-207-013 IN FRONT OF BUILDING 30 COLONIAL CLUB 23 7.6 Fair 789046.358 963757.312 $1,900 $668 95 $2,568
356-207-021 NEXT TO LS 207 ON US1 23 11.4 Fair 789902.288 963967.126 $2,850 $500 143 $3,350
356-207-026 COLONIAL CLUB DRIVE - E OF BUILOING 21 22 5 Fair 789921 963978.9 $1,250 $500 63 $1,750
356-207-027 COLONIAL CLUB DRIVE.. W OF BUILDING 2 24 6.3 Fair 789621.171 963633.879 $1,575 79 $1,575
356-207-028 COLONIAL CLUB DRIVE - W OF BUILDING 2 23 5 Fair 789928.03 963670.904 $1,250 63 $1,250
356-207-029 COLONIAL CLUB DRIVE - NW OF BUILDING 23 5 Poor 790053.915 963677.242 $1,250 63 $1,250
356-207-032 S PARKING LOT OF HOMING INN 23 10 Fair 789289.582 963315.953 $2,500 $500 126 $3,000
356-207-033 2832 SE 28TH CIR 23 9.3 Poor 789266.453 962978.266 $2,325 117 $2,325
356-207-034 2802 SE 5TH CIR 23 10.3 Fair 789697.424 963242.219 $2,575 $500 129 $3,075
356-207-080 COLONIAL CLUB SOUTHERN HEDGE ROW 23 6.4 Fair 788581.64 963634.944 $1,600 80 $1,600
. ,'. - ; 17 '-'''-.' ""';-:'::""" . -."- ;, ,'., "'-. " . .. , ". C,.. o' ; . .; ,'''.' .' "0 ., 0' . . ~::,:." ';''',0'..
356-356-138 200 SOUTH BLUD 23 4 Fair 792635.182 960658.282 $1,000 50 $1,000
356-356-171 BETHESDA HOSPITAL - NEAR EXECUTIVE f 24 18 Fair 789951.266 960184.536 $4,500 226 $4,500
356-356-172 SE OF BETHESDA HOSPITAL 22 14.9 Fair 789834.306 960361.237 $3,725 $500 187 $4,225
356-356-177 Bethesda Hospital Seacrest Blvd 22.5 8.6 Fair 789670.418 960517.559 $2,150 108 $2,150
356-356-190 SE 22nd Ave & Seacrest Blvd 23.5 6.9 Fair 791538.4 961692.3 $1,725 87 $1.725
356-356-191 2121 Seacrest Blvd 23.5 9 Poor 791786.7 961840.7 $2,250 113 $2,250
356-356-192 2121 Seacrest Blvd 23.5 9 Poor 791891.4 9618898 $2,250 113 $2,250
356-356-194 1901 Seacrest Blvd 23.5 8.4 Fair 792528.2 962136.8 $2,100 106 $2,100
356-356-195 1620 Seacrest Blvd 23.5 10.4 Fair 792916.1 962229.3 $2.600 $500 131 $3,100
356-356-196 1620 Seacrest Blvd 23 10.3 Fair 793565.912 992287.526 $2,575 $500 129 $3,075
356-356-201 219 WOOLBRIGHT RD 23 5 Fair 793837.01 961306.09 $1,250 63 $1,250
356-356-224 625 NE 1ST AVE 22.5 14 Fair 798749.71 964860.111 $3,500 176 $3,500
356-356-225 635 NE 1ST AVE 23 8.6 Fair 798742016 965144.005 $2,150 108 $2,150
356-356-226 END OF NE 1ST AVE 23 4.8 Fair 798740.454 965279.29 $1,200 $500 60 $1,700
Page 8 of 14
. (lll\.~ , , 'U'::.:jI 1"..11"
"hasR Ii M" ''1ole Repdll'-
,")( ',,"~c ,dd,!;,c,TH..,i 11' j .__.'>00'._ J. 79863162.. .,)4825543 ~'Lb t t' ._1_ ._'.j,.. . S:'.375
IjE ,<3,TH S:r.!:.~.:':!'!';. 2370;) 9 I ..~__. J 798466716 964830.292 S2 47c_ ~_.._ .. . ..~ 1 __ $2 475 . .
,5('.. ,S6:::::' , RET':VFflH.:'"IJf"'T ",' ~L' ,I Poor I 798911135965023.629 ,,3,55(' lit 170 I $3550
',.,:i .5[.> ,P'Ti'F,I""'\'-"i" .-.."'--.. -;" i . 'ai' j' "9878"559 965020524 ~)"", f' .~:-..- T., -I'~" i $5130
i icf,,5b.;'::- ;~()F'~;'o'I;~e,,/ ~'l .; ar; 1 '79876~ 531 ~65028934 ~~;~~ t- _I ':;;-'-<1::. $2750
1.156':j56 2 i" 63'- I<E 1ST ,We 1 j':! " ..: L Fal[.. .1", 798750606 965029412 _. $2.25U...J . 1 It- .....2:... _1$2250 .J
356356234 G251<E lS1 r,,1E 22." n Fal[ 798746035 964838.067 $3.250 16J $3250 i
~~~:~~~:~:~ ~~.: ~,ETSHD~~o:~~~r~~,[ c -1- '. 3~} -'. ":.~.4~.i::.I_~.-.~_;:~r_.:.4. ~: 7~::~~51 ~~ 9~:~~~26~~ ~~,~~~ . s~~~..=b._.- _'--.--- :-::-.........- 1:;:="::: --.--.--.-.-."---..---- ........-...:..f---.~ ~~'~~~j'.'..
356356-266 318SW11THWE 23 81 Fair ::1 79495909 96063087 $2,025 t 102 ..--- - -". .~----4
'356:351; 26B ~SW _~1 TH A\ ~ .. _ _ 23- 8---- -~ -. 1-- 79496448 961246.35 $2,000 ----- .:::-_ __.~: -_100 -.-- ---.. c---~-
356.35627r ._ ~,11Th A'JE & ~ /.' ,::;- T 2n1 "\'~--:--;-:r:.. - i:.'. f.~ f Fal[ 1- 79500064 961588.64 $1,550 . -.- -.~-- -- .. ---------.~--J
356356.2/4 SE: 12TH_AVE & S~ ~r ~T_il.r:.c::I.')r.. ...... 23 ._ _0:' __ ~ __794865.13 962944.11 ,1,875 _______ '_ .... _~...._.._____ ._....'" _ _ $1,875. -I
356356-21'5 1120 S~ 1ST ST __ ___ . ~_._ _~____~_ _ __ 795011.21 962941.21 $2,000 ._ _,,__ ._~__________ .. C'" $2000 ".--!
356-356-276 ACROSS FROM 3:,(j S';.' lnH! 7,,[' ._.1..... ~._ _ _~ Fair . 795279.42 960589.75 ,1,500 ...$500.__ _.... .. ..____.~_ _....________.______ $2,0001
.,56.356-278 205 SW 10TH AVE: j. ~ 6 1 _~__ _" 79528746 961584.64 $1,525 . _____._________.___....!.!.---..--.-------------- $1,525 I
356.356-28r: 115 SVV 10TH AVe t 23 8' Fair 79529267 961938.16 $2,000 ..2S!!!....__ _ - -- --- $2,000 i
356356-282 125 SE 10TH AVE _ _ _ 23 ..__ ____162 _. Poor --- 795298.92 962594.86 $2,550 --. $500'" S897 _~..___ __.. _.___' ...______.._______... $3,947 l
356-356-283 SE 10TH AVE & SE 1"1, '- _ ~ __ __ 9 Fair 795296..74 962934.28 $2,250 ,500 ____.__.__....._ _..2!2.. __ .' .._. .. -- ---- $2,750..J
356-356284 211 SE 10TH AVe. __ ~ t- 4 Fair 79529619 963096.26 $1,000 ___.._ -~---+----- -------- $1,000 i
356-356-285 327SVV9THAVE _____.. ________ ~. 47 Fair 79557056 960581.2 $1,175 .____ ___ _~_-+--___________ $1,175 I
356-356-286 301 SVV 9TH AVE _ 22 _ _ 56 Fair 79557332 960913.26 $1.400 ._ .__._ _~_--+-. "._____. .____ $1.400 J
356-356-288 203 SW 9TH AVE "'__ __ __ _ _ __ _ .. 23 __ 4 b Fair 795579..29 961570.59 $1,200 SC,rJ'!__I--.._....__.. __ _~__ _ __ . ______ __ ____ _ $1700 ---~
356-356-292 916SE1STST__ ~_ ___~ Poor _____.79559109 96292667 $2,250 .---- 113 E---- __________ $2,250 ~
356.356.283 :!12 SE 9TH AVE .m___~ _~___ Fair 795592 963131.34 $1.225 __ ._ _. _ _ .__~._ _ __ _________ $1.225 .--
356356.294 325 SW8TH AVE ___ 23 t~----~_e- 79586049 96059191 $1,025 ______ _..~_ _' ----------- $1025
356-356-295 SW 8TH AVE & SW 2ND S1 (NVV CORI<ER: ~ 63 __ __ Fair 795863.73 960905.35 $1,575 $500 .____ _.~_ ____ $2,075
356.356.321 6TH AVESE:3RDsr-BYTHE..RAI.I.R.C.'J.A..r..TR 2,< _ ~__ Poor 796450.2.85 963366.311 $3,150 . S500 _..._____.. .........__ ._.158______. ____....____..__... .... . $3,650._.._.
356-356.344 SE4THAVEANDSEACRESTBLVO _____ __ 23 72 Fair 79714567 962196.74 $1.800 _____ ____ .~_ _.____.___ $1.800 ~
356-356.394 311 I<E 1 ST ST 5 Fair 799199 17 9616226 $1,250 63 $1,250
356-356-397 I<W 1ST ST & I<W 3RO r,VE ----..---- .---- - -'23- -- - 54 Fair 799396.87 961616.85 $1,350 ..--- ----------- .. 08 -- _n'__'_-- $1,350
356356-398 1251<W 3RD AV~---H-- ---- - ;': -_ -__5 9---- Fair 79944877 96175731 $1475 . :-=-=~=_-== _= -~. 74 :==_=~===:==.===:-. ----~- -
356-356.399 NVV 3RD AVE I<EAR SEACREST i~' OF 1 ';T E 23 __ __57. Fair 799538.86 962095.01 $1.425 __ ------f-.. 72 --- --- -'--'--.'--. 51.425 I
356-356-40Cr SEACREST AI<D I<IN 3RD AVE . 23 _ _ ~__ Fair 799544176 962149.126 $1,500 __ _____ 75 _.._________ __ _,,_ __ $1,500 ---
356-356-402 IN ALLEY BETVVEEN 3RD AVE & 4TH AVE ~__ __----=--=~L..:._ Poor 79954482 962402.85 $1.000 550r, . -----e-.~----- $1,500
356-35640' 103 SEJl.CREST .IN Al LEY E' or SEN'::PEST ~c. 44 -- Poor 79921713 962211.31 $1,100 55 $1,100
..- ...-.... -- .- -
356-256-404 I<E 3RD AVE 8 799221.73 962506.51 $2.000 100 $2,000
356-356-40C I<E 1ST S1 _ WEST OF MAIl< S1 CAR WI\SH ;'j -- -"""84--..- Fair 79923555 96280752 $2100 106 $2,100
356-356-407 I<E 3RD ST - W~ST OF MAIl< ST CAR VV/,SH '21 5 -- - "9A"'- Poor 799218.04 962813.09 $2:350 118 -- $2,350
356-356-414 NE 21<D AVE & I<E 6TH CT . 23 .--- 66-- Poor 799053737 964449.412 $1,650 5500" 5580 83 $2,730
356-356-426 201 NW 4TH AVE 23 5 Fair 799715.97 961609.31 $1,250 63 $1,250
.--..----
356-356-429 SEACREST & I<W 5TH AVE 23 6.2 Fair 799714.164 962143.044 $1.550 78 $1,550
356-356433 501 NE 3RD ST 23 49 Fair 799730.58 963375.74 $1,225 62 $1,225
356.356-435 W OF 201 I<W 4TH AVE ON BRAND BLVD W 235 4 Fair 79984318 961527.3 $1,000 5500 50 $1,500
356.356-443 SEACREST & NW 5TH AVE 23 59 Fair 799899604 962138.662 $1.475 74 $1,475
356-35[;-444 SEACREST & I<E 5TH AVE 23 4.6 Fair 800129298 962133.367 $1,150 58 $1,150
Page 9 of 14
. -..- _~_ _H
Phase II Manhole Repairs
356-356-447 SEACREST & NE 6TH AVE 23 4.5 Fair 800373.055 962126.437 $1,125 57 $1,125
356-356-462 NW 8TH AVE & SEACREST - SOUTH INTERS 23 7 Fair 801027.243 962114.599 $1,750 88 $1,750
356-356-464 ACROSS FROM 130 NE 8TH AVE 0 5.9 Fair 801118.48 96276553 $1,475 74 $1,475
356-356-465 NE 1ST ST AND NE 8TH AVE 24 7.3 Fair 801122.22 962765 53 $1,825 $500 92 $2,325
356-356-470 5.6 Fair 800533.13 962746.32 $1 ,400 70 $1 ,400
356-356-473 NE 6TH AVE AND NE 1ST ST 23 7 Fair 800409.12 962785.27 $1,750 88 $1,750
356-356-474 201 NE 6TH AVE 23 6.9 Fair 800408 66 962798.9 $1,725 87 $1,725
356-356-475 225 NE 6TH AVE 23 7 Fair 800411 963118.82 $1,750 88 $1,750
356-356-476 NE 6TH AVE AND NE 3RD ST 23 7.2 Fair 800410.91 963468.05 $1,800 90 $1,800
356-356-481 415 NE 6TH AVE 0 6.2 Fair 800412.48 963653 41 $1,550 78 $1,550
356-356-485 211 NE 7TH AVE 0 4.2 Fair 800791.5 962960.58 $1.050 53 $1,050
356-356-489 NE 7TH AVE AND NE 3RD ST 23 74 Fair 800656.81 963501.5 $1,850 93 $1,850
356.356-490 803 NE 3RD ST 23 7.5 Fair 800753.93 963515.83 $1,875 94 $1,875
356-356-492 NE 8TH AVE NORTH OF 711 N RAILROAD A 23 7.8 Fair 800754.06 963699.86 $1,950 98 $1,950
356-356-493 NE 8TH AVE AND ALLEYWAY W OF N RAILR 23 9.8 Fair 801125.67 963751.84 $2,450 $500 123 $2,950
356-356-499 WEST OF PLATINUM SHOW GIRLS AND RR 24 3.9 Fair 801919.47 964082.85 $975 49 $975
356-356-500 NE 9TH AVE AND N RAILROAD AVE 23 13.3 Fair 801314.41 963941.21 $3,325 $500 167 $3,825
356-356-501 NE 3RD ST AND N RAILROAD AVE ON NE 9 23 13.1 Fair 801313.9 963778.63 $3,275 $500 165 $3,775
356-356-502 NE 3RD ST AND NE 9TH AVE 23 9 Poor $2,250 $500 113 $2,750
356-356-504 EMPTY LOT E OF 408 MLK 23 12.3 Poor 801489.43 963802.96 $3,075 $500 154 $3.575
356-356-561 Manor Orive & Marine Drive 23 4.9 Fair 0 0 $1,225 62 $1.225
356-356-563 720 Rider Road 23 4 Poor 0 0 $1,000 50 $1,000
356-356-564 754 Rider Road 23 7 Poor 0 0 $1,750 88 $1,750
356-356-565 758 Rider Road 33.5 5 Fair 0 0 $1,250 $500 63 $1,750
356-356-566 764 Rider Road 33.5 4 Fair 0 0 $1.000 50 $1,000
356-356-567 611 MLK Blvd (NE 10th Ave) 23 11 Fair 0 0 $2,750 138 $2,750
356-356-568 626 MLK Blvd (NE 10th Ave) 23 8.1 Fair 0 0 $2,025 $500 102 $2,525
356-356- 569 702 MLK Blvd (NE 10th Ave) 23 5.6 Fair 0 0 $1 ,400 70 $1 ,400
356-356-570 732 MLK Blvd. (NE 10th Ave) 23 4.2 Fair 0 0 $1,050 53 $1,050
356-356-571 NE 10th Ave & NE 7th Street 23 4.6 Poor 0 0 $1,150 58 $1.150
356-356-572 NE 7th Street between NE 91h Ave & NE 10th P 23 5 Fair 0 0 $1,250 63 $1,250
356-356-573 NE 9th Ave & US 1 21 11.8 Fair 0 0 $2,950 $500 $1,037 148 $4,487
356-356-574 N of Empty log @ US1 & NE 9th Ave 23 11,5 Fair 0 0 $2.875 $500 $1,011 144 $4,386
356-356-575 638 NE 9th Ave 23 8,1 Fair 0 0 $2,025 102 $2,025
356-356-576 710 NE 9th Ave 23 5.5 Fair 0 0 $1,375 69 $1,375
356-356-577 734 NE 9th Ave 23 3.8 Fair 0 0 $950 48 $950
356-356-578 614 NE 8th Ave 23 13,8 Fair 0 0 $3,450 $500 173 $3,950
356-356-579 627 NE 8th Ave 23 12,7 Poor 0 0 $3,175 $500 160 $3,675
356-356-580 647 NE 8th Ave 23 10.9 Fair 0 0 $2,725 $500 137 $3,225
356-356-581 712 NE 8th Ave 23 6,9 Fair 0 0 $1,725 $500 87 $2,225
356-356-582 731 NE 8th Ave 23 5.1 Poor 0 0 $1,275 64 $1,275
356-356-583 NE 8th Ave & NE 7th Street 23 5 Fair 0 0 $1,250 63 $1,250
356-356-586 612 NE 7th Ave 23 6 Fair 0 0 $1,500 $500 75 $2,000
356-356-587 626 NE 7th Ave 23 5 Fair 0 0 $1,250 63 $1,250
356-356-588 646 NE 7th Ave 23 9.5 Fair 0 0 $2,375 119 $2,375
356-356.589 708 NE &th Ave 23 7.7 Fair 0 0 $1,925 97 $1,925
Page 10 of 14
II f'; ~,olc- F~8pd!r-
r"" 2') (; ( I f"UL,r j. =t:: ::~j to:=1;::;~
... ----------..-
r\)E 7th Street & I'JF= ':r 23 f j Fem
-.-..-. -
7E I~E 7th Srrefc1 -'-.J 1 e I Pour o fj SI 22~ T I S~' I $1.22E,
.---_.._...~.- hT;;r~650...PARKjl.~~.;.. '~,p, _.___ I f'ul.,r ;~~-~~n~~- ~~~,~,~:~?~! -.~1,25(' --T ~~ lit' .$1,750--.--
---
,~'.:-)f_ ~5b,. 1::: ACRC,SS FROM lc' "e}) i," ~ -- I ~'dlr I =_ ~~~~~_-1____ L _~; J I . ~~~~~-~
i :1Sf,- ::,5(,_i~I~II, -- --_._- . ~ ;;" i
'SE ~:TH AVE P. SF '~r:rj ;- /96458 19 964268 43
f 356-356-UW: 643 ~JF oTH AVE ;<-2 c, 139 Fair 79971587 964449.36 '''"" ' '""' _]= ,'. # ' mn ,
h56.356.301 ~ .- . . ,'~ .'n ;:: .~ $2,075 - 1:500 . --- -104 - - - - $2,575 - "-,
816 SE 1ST 5T ~- 795877.29 962917.61
1356-356-31)' .-..- - . ~- :~'::~ "~ -- - .,'ii _.u ._~~ :~':~ =~
212 SE 6TH AVE 796456.87 963069.68
hSG-356-32= - -
626 SW 1ST ST 23 28 f'alf 796579.2 961596.7
I j5G 356.1:':' -- -~
622 SW 1ST Sl 23 -~----~ 796577 19 9616534
r 35G 356.32.\ 608 SW 1ST CT 23 _~ ....e ~_ 796730 79 96180974 ::;;;,=: -- Ig. "~ . .... ::;;:
l35fi35632c,. N OF 608 SW 1 ST S 1 -
237b 4 9 Poor 196884.67 96156399
------------" --l' _ _ __ __.I- ~ - __ .~----. ---..--1
356 356~377 EASEMENT BEHIND 21: SE eND ';'it 23 45 Fair 797931 96305448 1:1,125 _ ~ M _ ...~ .- ~ ~j
356.356~37" 306 SE 1ST AVE (BY FENCE ON S SIDE OFF .._~- ._-~-- - ~..~ :::r--- ;~~~~~~~ 96347286 $1 725 S50r, . - __ _ _~ ..__ f-.--- _ ____ _.. ._.__, . .__ _' $2,225 ._-1
23 69
---.-. -----
356~356 354 ALLEY E OF SE 3RD ST NEAR [)lIMPST~_ "3 5 963312.36 $1,250 ~ __+___.. _________._ $1,250 I
,. --=-- --- ~.~.~ ,PaarF . 801146.03
356~35f,-45t N OF ~09 NW 1 ST ST Et.1PT'Y I en 23 54 96161671 $1350 . .j__~_ ___._. ___ $1,350 1
356-356-325 247 SW 5TH AVE --..- --'-- 960967 23 ~~.~~~ I :-=F- ~~ -.~ ------- ---------- ~~:~~~--1
23 4.9 Fair 796894.89
-- -.-..-.. ..~ ___ ... 23 ~= ."...-.---.-.--.-
356-356-329 525 SW 1ST CT -~- f-.. Fair _. 796847.19 961815.61
. ---.--.- ~ ~-
356.356-335 244 SW 4TH AVE f--~- 4 Fair 797086~71 960962.37 $1,000 50 _______. $1,000
~--- ..-.-.-...- I
356.356-336 226 SW 4TH AVE 23 10.5 Poor 797089.13 96122459 $2,625 $500 $923 I 132 $4,048
127 -- -----1-. ~.---_. - i
....__._--~- -- .- -.------- -..---. --..-.-. --..--
356 356-601 2121 Seacrest Blvd 23.5 8 Fair 0 0 $2,000 1:500 1 100 $2,500
---
1 I-- -~ ~ L ~._ --- ---.-.-.----.-- .- -~
_._~_.._....~~_..~._- _._-~-- --" -- ~._-_....- .---"> $1,000
356-401-001 409 5W 4TH ST 23 4 Poor 797191.34 959657 15 $1,000 -----..-- i--~-
409 SW 4TH ST -.-- -- 1------...---- $1,300
356-401-002 23 52 Fair 797257~ 17 959656 07 $1,300 !--..__._~.~ .- -~--
23 -. -- --.------------- $1,000
356-401-003 401 SW 4TH ST 4 Fair 797388.66 959650 62 $1.000 50
~. ~~.- j----. . .---~ - $1,500
356-401 006 445 SW 3RD AVE .- 6 Fair 797579~692 960014.361 $1,500 ~---_. ~- -~-- _._.~--_.._._----- -.--- f-.
--.- --
356-401-008 313 SW 4TH ST 23 8 Poor 797585802 959643.755 $2,000 S500 -....- -- ....-- _' 100 52,500
-. -- .-
356-401-009 317 SW 4TH ST ~ ~..- 75 FaIr 797485.58 959648.66 $1,875 .. -~_._- $1,875
I--.~- --------..--.----.--- $1,500
356-401.0n 423 SW 1 ST AVE .-....- 23 6 Fair 798076.036 960352.719 $1.500 75
.-..-.....--.----.-- -,,--~_.. - ----- ~ ~
7
--..-.--.-- .-.---- f-. ------" ._--- i--. ._..,~..-..- l--- 1
356-.\02 001 448 SVV 10TH AVE "3 5.5 FaIr 795239 02 959698.62 $1,375 I---~- $1,375
.....-- -------.---- -.---- " . . -- --~.~ - ------- 1-.
356 402-002 416 SW 10TH AVF 23 I-~ ~-- -. Fair 795242.71 959987 75 $1,000 sson ._---_.._~- - 50 $1.500 1
356-402-00: ACROSS FROM 400 SW lOTI' 1.,\ L -- "-'-- f-- 94 -----------~- $1,875 I
- 23 75 Fair 795243.95 960266.75 $1,875 ---------
-~_.- I- --- ---- --
356-402.004 920 SW 4TH ST 23 39 Poor 795560 84 959673.28 $975 49 $975
356-402-011 ACROSS FROM 3:'0 SW 8TH AVE _._-~~ .. Fair --~ --..-.-.. 73 $1450
---.-- - 23 5.8 795824,76 960520 92 $1,450
---- -_..-
356-402-013 425 SW 7TH CT '---'--"---~ ..-- 23 44 Fair 796049 96 959983.56 $1,100 55 $1,100
- --~- ~.- 1-- .
356-402 010 ~11 SW 3RD ST 23 6 Fair 796138.97 960241 47 $1,500 .-- ._~.- f-~- $1,500
315 SW 7TH AVE - ._ _____m________._. _. __ I---
356-402-017 --- .-- -'- - - 23 4 Fair 796141 45 96046026 $1,000 50 $1,000
1-.--
356-402-020 344 SW 6TH AVF 23 5.1 Fair 79631878 96024907 $1,275 $5UO 64 $1,775
356-402-021 SW 3RD ST & SW 6TH AVE 23 111 FaIr 79641402 960246 15 $2,775 $500 139 $3,275
344 SW 6TH AVE -~-_.. -----"_._--
356-402.022 23 47 Fair 796420.89 96028747 $1,175 59 $1,175
3510-402-025 440 SW 6TH AVE 23 4.3 Fair 796545 05 959660.06 $1,075 54 $1,075
356.402-026 422 SW 6TH AVE 23 6 Fair 796547~01 959952.05 $1.500 75 $1,500
3510-402-028 403 SW 3RD ST 23 108 Poor 79661009 960224,72 $2.700 136 $2,700
Page 11 of 14
Phase II Manhole Repairs
356-402-033 422 SW 5TH AVE 23 4.2 Fair 796817.86 959952.75 $1,050 53 $1,050
356-402-034 600 5W 3RD 5T 23 10.9 Fair 796818.35 960216.76 $2,725 $500 137 $3,225
356-402-035 505 SW 3RD ST 23 10.3 Fair 796889.03 960215.38 $2,575 $500 $906 129 $3,981
356-402-036 331 SW 5TH AVE 23 5 Fair 796891.28 960403.41 $1,250 63 $1,250
356-402-038 440 SW 4TH AVE 23 4 Fair 797084.71 959644.32 $1,000 50 $1,000
356-402-040 437 SW 4TH AVE 23 10 Fair 797089.39 960206.56 $2,500 $500 126 $3,000
356-402-041 332 SW 4TH AVE 23 4.6 Fair 797090.66 960420.26 $1,150 58 $1,150
356-402-042 306 SW 4TH AVE 23 4 Fair 797093.94 960772.2 $1,000 50 $1,000
356-402-043 421 SW 3RD AVE 23 4 Fair 797425.34 960420.8 $1,000 $500 50 $1,500
L.. 23 . ..... ., . --....,,; ....... '.
356-403-005 LS 403 21 5.5 Fair 791975.62 959328.24 $1,375 69 $1,375
356-403-010 270 HIGH POINT CT 21 5.2 Fair 791830.4 95974965 $1,300 65 $1,300
356-403-011 270 HIGH POINT CT 24 6 Fair 791793.74 959779 99 $1,500 75 $1,500
356-403-012 260 HIGH POINT CT 24 4.1 791799.52 960009.93 $1,025 51 $1,025
:.. . ....4 I,',. . :-.:- .... ..... ":..:.,' '. . '. '" " . .' '.. :" . ....;, co..";;. '.J..,,:
356-404-008 END OF NORTH BLVD 23.5 4.4 Fair 793254.58 959872.83 $1,100 55 $1,100
",:.';' .". fl.. c.' .',,', , >. ,.J, :'. .... ". . ..,-,', . ....
356-405-063 722 SW 24TH AVE 22.5 6.2 $1,550 $500 78 $2,050
356-405-064 710 SW 23RD TER 23 5 791136.79 95884982 $1,250 63 $1,250
.,~ '.'( ..' . ';". 2 !:',....".........,,'..;.": .., . '. ....,;........... ".,c:.:..... I.. .. .' - . .,.,.'. '" ':. . :."j' ~,',:#:;ri'~~'~ " ..
356-407-001 Front of LS407 Mission Hill Blvd. 23 4.4 Fair 0 0 $1,100 55 $1,100
356-407-002 Church Hill Dr. & Mission Hill Rd. 23 5 Fair 0 0 $1,250 63 $1,250
356-407 -003 N of 510 Mission Hill Rd. 23 4.7 Fair 0 0 $1,175 59 $1,175
356-408-006 3545 S Lake Drive 22.5 10 Fair 0 0 $2,500 $500 126 $3,000
".<:.> .:....: 4 . ....-. ... , '" - '. ..... .;,.,.' ","SC;[" .' ....;.. -.-i::;t,;~.~~~~-!€;,,.;~!.:, i.
-..-
356-408-002 Near Flowerbed 3405 5 Lake Dr 23 11.5 Fair 0 0 $2,875 $500 144 $3,375
356-408-003 3505 S Lake Dr 23 10.8 Fair 0 0 $2,700 $500 136 $3,200
356-408-004 3525 S Lake Dr 23 10.6 Fair 0 0 $2,650 $500 133 $3,150
356-408-005 934 SW 34th Ct. 23 4 Fair 0 0 $1,000 50 $1.000
356-408-008 926 SW 35th Ct 23 4 Fair 0 0 $1,000 50 $1,000
356-408-009 3605 S Lake Dr 23 8 Fair 0 $2,000 100 $2,000
356-408-012 3705 S Lake Dr 23 7.8 Fair 0 0 $1,950 $500 98 $2,450
356-408-013 936 SW 37 Cl 23 4.8 Fair 0 0 $1,200 $500 60 $1,700
356-408-015 3725 S Lake Dr 23 6.9 Fair 0 0 $1,725 87 $1,725
356-408-016 937 SW 38th Ct 23 7 Fair 0 0 $1,750 $500 88 $2,250
356-408-017 907 SW 38th Cl 23 4 Fair 0 0 $1,000 50 $1,000
356-408-018 3805 S Lake Dr 23 6 Fair 0 0 $1,500 75 $1,500
356-408-019 3822 S Lake Dr 23 5 Fair 0 0 $1,250 $500 63 $1,750
356-408-020 3845 S Lake Dr 23 6 Fair 0 0 $1,500 75 $1,500
356-408-022 3885 S Lake Dr 23 4 Fair 0 0 $1,000 50 $1,000
- . ,~ -, 15 .. . 'c. :::;,,;,. -.
356-409-001 205 GULFSTREAM BLVD 24 5 Fair 78543947 960166 86 $1,250 63 $1,250
356-409-005 309 GULFSTREAM BLVD 23 8 Poor 784464.77 960879.72 $2,000 100 $2, 000
356-409-010 3638 SE 1ST ST 23 10.7 Fair 785688.69 960388.22 $2,675 $500 134 $3,175
356,409-017 SE 2ND ST & SE 34TH AVE 24 7.2 Fair $1,800 $500 $633 90 $2,933
356-409-019 SE 2ND ST & SW 34TH AVE 23 10.5 Fair 786222.55 961065.08 $2,625 132 $2,625
Page 12 of 14
I ;..111'! i U~1\ ::1i I r
")t'!dSf' II f' 'c,le Rerw
'. f,Ol. S[ C:Ji: I .,., I 6 j f'UU\1 /8640] 8u 9610615b $\ ~"C I. $1 ,~5C
':':~'_._;.:::'~ 7 ~jor, s[ -mH ZIT I !2 I: I 88 Pour.J=~. 78622465 961 :l35~ Sl4Su . -. n 7lj r-"~-f="'" S2.450 - . .1
1 l,- _..1.. t. -/---- ..-.,
,~':'.'.'''~ I .. !. I r21f J~~=!_~524 961"L6cS1~: '_n__ ~'..t.- ..,__$1625:
i~..-.,..- 80 ''',''~:__... I :4 j ~. I ~ r Ot-. Sl.80e :"'.~' 1- S2,300 '-1
f".C,(,.';'I"r' 831 SW 34TH AiE 1 23 i 59 r Falf._..+--'O lJ $1475 ":4 $1,475 i
I j'Jr, ".' _== -~ SWINTON AVE B[lV';E'~~~V';;;-:;J-h':~~I~~..:: . _.: _nn _ :alf=i-::: - .--.Or-- - --- 0 $2350' m _ . --.-.-- -' $2350_.J
~.4:~0'< 2~2~~~!''!.E __3.~.6 5 . ~ -i- . $1625...- 82 --~._~
ljb""'~.:'.:2... ~,~"'E&::;E.'';~i..?] j 22..75 1 .1],..1..~. ._ 79191802 96318568 $3250. -163' S3,250 J
~22,:n1'.. SE3RDST&SE:""^'C j 2275_ 1 1~ __L._ _L 791914376 96288084. $3.450__ __$SC:C' .173.. ._____...... $3,950..
l3bi',414.017_ 2226SE3RDST 1 227~ 1 ~.l ~__. 79158826 9628644 $1,250____ \._63 _ ____n._.___ ______nn $1,250 -I
1~4 lilt. 2304 SE 3RD SI ~ :'275 __E3..... Falf . 791506.76 962858.88 $1500___..__ ._ .....!!:...__ __. __ ___ ..._ $1,500 .n.~
',5[;.414-01'. 2309SE3RDST. 2275. ~--t- Fair 791358.95 9628443 $1,500 f--- t-..~.- _____.__. ..__ "" $1,500-j
356-414021' 2201S[3RDSTONS[liST-"\~ _ _ .nE"- _~ __ ~".... _.79191049 96275768 $3,225 $500 _".. ..___ 162 _ _..____..________ $3,725
l56-414.044 SE 1ST ST & SE 251 H AVF 23 52 Fair 790500.24 96183533 $1,300 65 $1,300 .j
8 ._.._.._ _ .-------t- ___ __ .._~-----.---------- ..-. -- J
602-602-001 OCEAN DRIVE 23 141 Fair 0 0 $3,525 $500 177 __ ..._._." $4,025
602.602-005 805 SW 1ST AVE .___,. ---- ___~_ __. 4 Fair 0 0 $1,000 "...______~.~.- $1,000
602-602-007 731 SW1STAVE ____~____~_ Fair 0 0 $1,625 .' 82 .....__'___ $1,625
602602-00Y_ SW1STCT ".__ ._ 36 55 Fair _ ,___ 0__ 0 $1.375 ____ ..____. _.nnt-.-~ __ e--_______.nn__._.___ $1,375
602.602-0',: 726 SW 1ST CT __I-"~'_ __~__ _~._ -a .. 0 $1,500 ... I 75 . $1,500 ,
602-602-010 W OCEAN AVE 6 SV: BTH ':c t...._ ____~_ 11.3. ~_'-' 0 ".0 $2,825 S50CJ~__l---_________"_'_' .-.-. $3,325 l
602-602.014 818 W OCEAN AVE _~_ ___-"..2.._ __ Fair 0 ____._ 0 $1,275 .._ _. 64 .___'__" $1,275
602-602-016 814 SW IS1 CT 23 44 Fair 0 0 $1100 55 $1,100
8 .._______ _..._,,___ _.__on __ __..nn.._____.
602-603001 746NWlstAve 23 64 Fair . 0.. 0 $1600 80__ $1,600
602-603002 722NWlstAve'''' 23 ... 73 -~-+--..-. 0 ,,----- 0 $1'825 --"---~ _n'_" $1,825
...... .._ - __----,---nn~-.._----=~_--- ' -------" --------..
602.60300" NWlstAve&NWI'."'.:':'ir='- 23 f)1 Fair 0 0 $1,525 77______..__.._____._____.....~.._
602-603-004 656 NW 1st Ave .__________ 23 ~1 ...._ ___~ __ _. ___~ 0 $1,275 $500 _... 64 __ .______________ $1,775
602.60l005 NW 7th Street & Bovr'ln" [jh}' ' 23 6 Fa>r 0 0 $1,500 $500 75 $2,000
602-603.006 648 NW 1st Ave --J.' '34'-""'" 7 --~-- _nn__~ -...-- 0 $1,750 ..___nn____f-. 88 .----.- $1,750
- - ---- -
602.603.007 NW 1st Ave L..~ 4 Fair 0.___ 0 $1,000 __.__ 50 __ _________ $1.000 .-
602.603-008 NW 151 Ave NW F, S\r~et .. ... . _1...... 34 . 5 Fair 0 0 $1,250 S50U 63 $1.750
602.603009 _ 120 I~ West _ ..:_'::::.: _.._. '::::'L'" 23 -- -- 45 0 0 $1125 . 57 _____ $1.125
602-603009 120 NW 6TH ST _.______ ___... ...--+- ~ __ __ ...22..._ i-._~--- __ __nn. 0 0 $1,375 69 $1.375
602-603-010 746 W Ocean Ave ._ ________+_ ~.__ ___~_....__ _____.~---O -- 0 Sl,375 69 $1,375
602-603-011 715WOceanAve 23 55 0 0 Sl,375 S500 69 $1,875
602-603-012 701 W Ocean Ave 23 6 0 0 $1,500 75 $1,500 I
602-603.012 102 W OCEAN AVE 23 611' Fair 0 0 $1.528 77 $1.528
602-603.013 qNW 7th & W Ocean Ave 23 81 Falf 0 0 $2,025 102 $2,025
602-603-014 645 W Ocean Ave 23 611 Falf 0 0 $1,528 $500 S537 77 $2,565
602-603010 629 W Ocean Ave 23 65 Fair 0 0 $1,625 $500 82 $2,125
602-603016 609 W Ocean Ave 24 5.3 Farr 0 0 $1,325 67 $1,325
602-603-017 571 N West Amerlcarl Leg,on 23 6.2 Farr 0 0 $1,550 78 $1,550
Pagei3 of 14
Phase II Manhole Repairs
602-603-018 659 S W 1st Street 23 5 Fair 0 0 $1,250 $500 63 $1,750
602-603-019 641 S W 1st Street 24 7 Fair 0 0 $1,750 88 $1,750
602-603-020 122 W Ocean Drive 23 6 Fair 0 0 $1,500 75 $1.500
602-603-021 112 W Ocean Drive 23 5.2 Fair 0 0 $1,300 65 $1,300
602-603-022 104 W Ocean Dnve 23 6.5 Fair 0 0 $1,625 82 $1,625
602-603-023 East of 104 S West 6th Street 23 7.3 Fair 0 0 $1,825 92 $1,825
602-603-024 SW 1 st Ave East of SW 7th Street 0 7 0 0 $1,750 $500 88 $2,250
602-603-025 Intersection W Ocean & SW 1 st Ave 23 4.7 Fair 0 0 $1,175 59 $1,175
602-603-026 632SWlstAve 24 3.5 Fair 0 0 $875 44 $875
602-603-027 166 W Ocean Drive 23 46 Fair 0 0 $1,150 58 $1,150
602-603-028 130 W Ocean Drvie 23 4.6 Fair 0 0 $1,150 58 $1,150
602-603-029 622 SW 1st Ave 23 4.5 Fair 0 0 $1,125 $500 57 $1,625
602-603-030 220 South West 6th Street 23 8 Fair 0 0 $2,000 100 $2,000
602-603-031 604 S W 1st Ave 23 8 Fair 0 0 $2,000 $500 100 $2,500
602-603-032 Across 60 SW 2nd Ave 22.5 8.5 Fair 0 0 $2,125 107 $2,125
602-603-033 730 SW 3rd Ave 22.5 3.8 Fair 0 0 $950 $500 48 $1,450
602-603-034 662 SW 3rd Ave 23 4.3 Fair 0 0 $1,075 54 $1,075
602-603-035 718 SW 3rd Ave 23 6 Fair 0 0 $1,500 75 $1.500
602-603-036 628 SW 3rd Ave 23 5.8 Fair 0 0 $1,450 73 $1,450
602-603-037 604SW 3rd Ave 23 10.1 Fair 0 0 $2,525 $500 127 $3,025
602-603-038 729 SW 4th Ave 23 3.6 Fair 0 0 $900 45 $900
602-603-039 504 SW 4th Ave 23 6.6 Fair 0 0 $1,650 83 $1,650
602-603-040 636 SW 4th Ave 24 4.3 Fair 0 0 $1,075 54 $1,075
602-603-041 At the end of SW 41h Ave 24 10.3 Poor 0 0 $2,575 $500 $906 129 $3,981
602-603-042 West of Interstate 95 beside LS 603 22.5 19.9 Fair 0 0 $4,975 $500 $1,750 250 $7,225
602-603-043 SW 2nd Street & SW 7th Street 23 19 Fair 0 0 $4,750 $500 239 $5,250
602-603-044 SW 2nd Ave & SW 6th Street 23 18 Fair 0 0 $4,500 $500 226 $5,000
602-603-045 206 N West 23 4 Fair 0 0 $1,000 50 $1,000
47 . ." ..-". ',v -":""
TOTAL 590 $4,085 $1,021,355 $107,500 $25,427 51,313 I Total Amount: $1,154,282 I
Page 14 of 14
,
~.
[ITY DF DElRAY BER[H I
!
E
DElRAY BEACH j
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~
All-America City ,
~
'1111' ,
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June 1 O. :2 (lOX *
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Gary Czajkowski. Presidcnt
Chaz Equipmcnt
~ I XO Fairlanc Farms Road - SUIte I
Wellington. Florid 334414
RE Bid #2002-37 Sanita~ Sc\\cr Manhole Interior RenO\atiol1
Contract ExtenSion
Dear Mr Czajkowski:
The Delray Beach City Commission. on Ma~ 20. :200X. appron:d the contract e'\tenslon ;l\\ard of
thc above rcfcrcnced subject to your compan~
T cnn of thc contract shall bc from October 0 I. 200X to September 30. 2UOlJ. Scrnccs shall be
ordered via individual purchase orders and/or blanket order releases for thc tcrm ofthc Contract
"The City Manager mav rencw the contract. at thc sanle temlS and conditions and pnccs for four
(~) consecutive terms of one (I) vear subject to vendor(s) acceptance. satisfactol'\ pcrformance and
determination that the renewal \\ill be in the best interest of the City"
Thank you for ~our interest III thc Clt~ of Dclr;1\ Beach If \ ou ha\ e am qucstions 111 rcgard to
this matter. pleasc call mc at (:'i61) 24~-71 n I
Sincerely.
, -
,_ .r '}
Patsy Na1al. Purchasing Manager
::::~
Cc Joseph Safford. Flnancc Director ( ) F' ?'::'-br, -~~r""
Richard Hasko. Director of environmental Servlccs " '. '. t., i '
Victor Majtenyi. Deputy Director of Public Utilities 1 2 2008
Scott Solomon. Managcr Watcr & sewer Network
l
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309 LS 201
, r '1.. LS 202
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LS 35 i
LS 401
LS 402
409
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I & I Program Phase II Repairs LS 41
Sewer Pipelining and Interior Manhole Repairs
(within each designated area) LS 60
--~---"--- - --------
- --_._~~ ~___-",r~.
-----~- ~
MAY 20. 2008
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m" Tuesday, May 20, 2008.
b Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Anomey
Lanelda D. Gaskins, Acting Deputy City Clerk
2. The opening prayer was delivered by Commissioner McDuffie.
3. The Pledge of Allegiance to the nag of the United States of America was
gIven,
4. AGENDA APPROV At.
Mr. Eliopoulos requested that Item B.A., Request for Sidewalk
Deferral/ZOOt South Ocean Boulevard be moved from the Consent Agenda to the
Regular Agenda as Item 9.A.A., Item S.B., RCQuest for Sidewalk Deferra1l302 Palm
Trail be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A., and
Item S.C., Accentance of Ri2ht-of..Wav DedicatioJll302 Palm Trail be moved from the
Conscnt Agenda to the Regular Agenda as Item 9.A.A.A.A.
Mr. Eliopoulos moved to approve the Agenda as amended, seconded by
Mr. Fetzer. Upon roll caJl the Commission voted as follows: Mr. Fet7.er -- Yes; Mr.
McDuffie - Yes; Mrs. Montague -. Yes; Mayor Ellis Yes; Mr. Eliopoulos - Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. McDuffie moved 10 approve the Minutes of the Regular Meeting of
May 6. 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows; Mr. McDuffie Yes; Mrs. Montague - Yes; Mayor Ellis - Yes; Mr. Eliopoulos
Yes; Mr. Fetzer _. Yes. Said motion passed with a 5 to 0 vote.
OS/20/0B
Mr. Eliopoulos moved to approve the Minutes of the Special/Workshop
Meeting of May 13, 2008, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mrs. Montague Yes; Mayor Ellis - Yes; Mr. Eliopoulos Yes; Mr.
Fetzer - Yes; Mr. McDuffie -. Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. National Safe Boatin!!. \Veek - May J 7-23. 2008
Mayor Ellis read and presented a proclamation hereby proclaiming May
17-:23, 2008 as National Safe Boating Week in Delray Beach. Ron Barrett and Tom
Thayer of the United States Coast Guard came forward to accept their proclamations and
gave a few brief comments.
6.B. Rec02llizin1! Sister Mirv Clare Fellnell
Mayor Ellis read and presented a proclamation hereby extending our
appreciation to SISTER MARY CLARE FENNELL for her spiritual leadership al S1.
Vincent Ferrer Catholic School and wish her all the best in her retirement years and
future endeavors. Sister Mary Clare Fennell came forward to accept the proclamation
and gave a few brief comments.
7, I.RESENT A TIONS:
7.A. NONE
8. CONSENT AGENDf\: City Manager Recommends Approval.
8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.B. THIS ITEM HAS BEEN MOVEO TO THE REGULAR AGENIM,
AS ITEM 9.A.A.A.
8.C. THIS ITEM HAS BEEN MOVED TO THE REGUl.AR AGENI>A
AS ITEM 9.A.A.A.A.
8.D. ACCEPTANCE OF RIGHT-OF-WAY DEDICA TION/321
PINEAPPLE GROVE WAY: Approve and accept 3 right-of-way deed between the
City and 321 N.E. 2nd Avenue, LLC, for the property located at 321 Pineapple Grove
Wuy (St. Georges Suites).
8.E. ACCEPTANCE OF SEWER EASEMENT DEEDS! ARNST OCEAN
AUTOMOTIVE: Approve and accept two (2) casement deeds for 12-foot sewer
easements at Amst Ocean Automotive and extending south into the property adjacent to
Amst Ocean Automotive
- :2 -
05/20/08
8.F. CHANGE ORDER NO. llWEITZ COMPANY/SEACREST
SOCCER COMPLEX PROJECT: Approve Change Order No. 1 to The Weitz
Company for an 18 day extension of time to complete the Seacrest Soccer Complex
Project. No additional funding. is required.
8.G. ALTERNATIVE WATER SUPPL \' GRANT
APPLlCA TIONISOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD): Approve and authorize the Mayor to execute an application for an
Alternative Water Supply (AWS) grant for the 200812009 annual grant cycle with the
South Florida Water Management District (SFWMD) which provides supplementary
funding for the next phase of construction of the City's Reclaimed Water Transmission
System.
8.H. ADDITIONAL FUNDING/HOMETOWN CONNECTION
NEWSLElTER: Approve and authorize additional funding in the amount of $1 ,501.00
for Pollack Communications and in the amount of $9,726,00 for CM Graphics for the
production of the Hometown Connection Newsletter for the remainder ofFY 2007-2008.
Funding is available from 001-1316-512-34.90 (General Fund/Other Contractual
Services) and 001-1316-512-47.10 (General Fund/PrintinglBinding Services).
8.1. AGREEMENT/NEW INNOVATIONS/SUMMER ENRICHMENT
PROGRAM: Approve an agreement between the City and New Innovations for a
Summer Enrichment Program. Funding is available from 001-4105-572-34.90 (General
Fund/Othcr Contractual Services),
8.J. M1ENDMENT NO. l/INTERLOCAI.
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCYIl35 N.W.
SeliA VENUE: Approve an alternative Amendment No. 1 to the Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) for
construction/renovations to 135 N.W. 5th Avenue. At the May 6, 2008 meeting,
Commission approved Amendment No.1; however, the CRA'saltomey drafted an
alternative agreement that also provides funding by the eRA in the amount of $30,000.00
as a contingency and the eRA accidentally presented this one to their Board.
8.K. AGREEMENT/MAE VOLEN SENIOR CEr..'TER. INC./MEALS
PROGRAM/CONGREGATE: Approve an agreement between the City and Mae
V olen Senior Center, Inc. to provide congregate meals for seniors at Pompey Park
Rccreation Center.
8.L. APPLICATION FOR RELEASE OF RESERV A TIONS/MIDTOWN
DELRA Y: Approve and authorize the Mayor to execute an Application for Releasc of
Reservations from the Board of Trustees of the lntemallmprovcment Trust Fund which
recommends full release of a 20-foot road reservation.
8.M. AMENDED GUARANT\' AND WARRANT\' AGREEMENTS/BOB
FEDERSPIEL PARKING GARAGE: Approve Amended Guaranty and Warranty
Agreements for the Bob Federspiel Parking Garage.
...
. .' -
05/20/08
8.N. REQUEST FOR MEMBERSHIP/INTERNA TIONAL COUNCIL
FOR LOCAL ENVIRONMENT AL INITIATIVES: Approve a request from the
Green Task Force to join JeLEr (International Council for Local Environmental
Initiatives) at an annual cost of $1,200.00. Funding is available from 001-2911-51<;.
54.20 (General FundIMembcrships).
8.0. SPECIAL EVENT REQUI<:ST/4fh OF JUL Y FESTIVITIES: Approve
a special event request for the 41h of July Festivities to be held from noon until 12:00
midnight, including granting a temporary use pennil per LOR Section 2.4,6(F) for the
closure of Atlantic Avenue from the easl side of N.E.lS,E. 61h Avenue to Ocean
Boulevard, and from the south side of Thomas Street to the north side of Miramar on
Ocean Boulevard; to waivc City ordinances 101.25 "Commcrcial Enterprises" and 101.32
"Assemblies" to allow assembly on the beach and vendors; to allow all beach parking IOls
10 remain open to approximately midnight; and to approve staff support for security and
traffic control, street barricading and banner hanging, new large stage and small stage set
up and use. EMS support, use of City generator, signage, and clean up and trash removal.
8.1>. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period May 5, 2008 through May 16. 2008.
~ AWARD OF BIDS AND CONTRACTS:
L Contract award to Chaz Equipment, Inc. at an estimated annllal
cost of $50,000.00 by renewal and extension of the existing annual
contract under the same temlS, conditions and prices for Sanitary
Sewer Manhole Interior Rehabilitation. Funding is available from
442-5178-536-63.82 (Water/Sewer Renewal & Replacemenl
Fund/Sanitary Sewer Manhole Rehabilitation).
2. Contract award to J & M Pipeline, Inc. in the amount of
$43,650.00 for cleaning an existing 16" force main under the
Intracoastal Waterway for llse as a reclaimed transmission main in
serving Area 11 & 12 of the Rechtimed \Vater System. Funding is
available fro 111 441-51 R 1-536-6596 (\Vater & Sewer
Fund/Reclaimed Waler Transmission),
3. Purchase award to Emergency V chicle Supply (EVS) in the
amount of $78,221. 79 l"or thc purchase and installation of nine (9)
police vehicle equipment packages for the Police Department.
Funding IS .lvailable from 001-2115-521-64.20 (General
Fund/Automotive).
4. Purchase award to Riddell! An American III the amount of
S14,714.00, to BSN Passon Sports in the amount of S I ,767.35, 10
Gulfstream Sports Group in the amount of $1,415.90, and 10 GL
Sports in the amount of 5618.50 for the purchase of fi)otball
- 4 -
05!2() '08
~
[ITY DF DELAAY BEACH
DELRAY BEACH
, t .:.:r II: I (1 ^
11I8I:I April 18,2007
AIl-AmerIcaCl1y
, III I!
'199J Gary Czajkowski President
2001
Chaz Equipment Co, Inc.
3460 Fairlane Fanns Road. Suite #8
Wellington, Florida 33414
RE: Bid #2002-37
Sanitary Sewer Manhole Interior Rehab
Annu.a.l Contract - 4th Year Renewal
Dear Mr. Czajkowksi;
Our City Commission, on April 3, 2007, approved the one year renewal with your company for
the annual contract for Sanitary Sewer Manhole Interior Rehab.
Term of the contract will be from October 01.2007 to September 30, 200~, Items will be ordered
via individual purchase orders and/or blanket order releases on an "as needed" basis for the
contract term.
Please forward to my attention, an updated certificate of insurance, naming the City of Delray
Beach as additional insured at limits specified in the bid package.
We would like to thank you for your good performance and interest in the City of Dekay Beach.
If you have any questions, you may contact me at (561) 243-7163,
Sincerely,
.....--.. , .' "~--,
. _.~:JJi )Y( Ie' u2';J'1t!~1
JaMdyn Rooney I
Purchasing Manager
cc: Joseph Safford.~ce Director
Victor Majtenyi, Deputy Director Public Utilities
Richard Hasko, Director ofEnvironrnental Services
Scott Solomon, Manager Water & Sewer Network
~
1
!
FROM ; C;HAZ EQUIPMENT CO, , 11 =-qi< "iCJ :5513332180 ~_ 9, .::~ 2005 02; ::..2;:')
':IT... DF DELRAY IEA[H;;,' ;"''l'1
~ \' ': ,,; . . .'~;; ':>'. I
DELllAYBEACH 100 N,W .:~l.l\Vr.:Nl!1: . LlEI.F\AY E\EACf-' ,-LORIDA :5:)4I\i, . G61!i:43-7()OO
lIiIiId
Ail-America City
" II J! July 12~ 2006
1 ~jq,1
~OOl ,
Gary C7~ikowski~ President
Chaz Equip1l}.ent Co. Inc.
3460 Fairl8.l.1e Road, Suite #8
Wellington. Florida 33414
RTIF: Bid #2002-37
Sa.nitary Sewer Manhole Interior Rehab
Annlla.1 Contract, 4th Year Renewal
I Dear Mr. Czajkowski;
Our City Managerl on July 051 2006 hail approved the one (l) year renewal with your company for the
above referenced sul~iect.
Term. of the contract will be from October 01, 2006 to Sl:''PLelnber 30. 2007. Item(s) shall be ordered
via individual purchase orders and/or blanket order releases on an "as need~d basis" tor the contract
term.
We would like to thank you fbr your good service and interest in the City of De1ray Beach. lfj"ou have
flny quest.ions, YOIl may reacb me ft.t (561) 243-7163.
I
I
Sincet'ely,
?~~R~-
J acklyn Rooney
Purchasing Manager
~ 7;:-.;~.~~"77':::':""'i: ~.. ".1.:'\~"~.:-:-:'::':" ,.. / -. --.
,
Cl~: Joseph Safford, nance Director JUL 1 3 2006
Victor Majtenyi, Deputy Director Public Works
l Richard ll'a....ko, Director ofEnvironmentaJ Services l:~,
Scott Solomon, Manager Water & Sewer Network --- _.'M'
~ PrilJlf)(j 011 (I"cyc)ed Pilf.J{.'( THL EFFORI ALW/WS MATTER;";
'FROM : CHClZ EQU I PMENT CO. I I' FAX NO, :5613332180 Aug. 29 2006 02:13PM P3
tlTY DF DELRAY IEAI:H . .
.
DELRAY BEACH lI,lO N.W, 1,t AVlcNUF . IJEU.1AY B&,ACH, FlOHILlA 33'IAt, . 50 11~1,1~..7 000
.,...
, AIl.Amlitfl:aCIIy June 26, 2006
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Oa.ry CUjkOWRki, President
Chaz Equipment Co, Inc. .
3460 FairlatlC Farms Road, Suite #8
Welllngton, Florida. 33414
REF: Bid #2002-37
SanitRry Sewer Manhole Interior Rehah
AnnuaJ Contract, 4n11 Year Renewal '.
\
Dear Mr. Czajkowski;
The annual contract for thc above referenCed Bid c"pires on September 09, 2006, Per pago #5, Section 20
" "Renewa.I" of the General Conditions of this bid package: "The City Manager may renew the contract, at the
same terms, conditions, and prices for four (4) canscoutive terms of one (1) yoar subject to vendor(s}
acceptance, sa.tllifactory performanco and deter.mination that renewal will be in the best interest of the City",
Please advise if this extension of your oontract at prices quoted in your origina.l Bid dated August 27, 2002
would be acceptable.
Respond by signing below and returning one original copy to my attentjon~ Jacklyn Rooney, Purchasing
Division, City of Delra.y Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444.
Sincerely,
CZ!-e.~1/~' KCl7JYIJi-),- /
Jacklyn Rooney, Purchasing Ma~ger
.'
~ ' . ~ -, ,.. .-'.-
'_" I her:bY agr I; t~ the on~ (1) ~ea.r exton-Sion of the S~~ject Bid
_..1 a~funabl to provide a one (1) year extension of the subject Bid
I ~!a.: ':) C; ~ (Lf".
"
./ --
sigfi~t~rc ..- -,. ... -
Date
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Name (p t) *
.
cc: Joseph Saffo~~ce Director
@ J-'IU>/,,':I'1 fm FJflcyc.;Ir....r) t'ffOP.' THC EFFORT ALWA.Y~:::' f\AATTrn:;:,
~rjTY DF DElRAYBEA[H
DELRAY BEACH
~ ;~!Of'J'N 1s',!\\lEf\JIJE DELRj../ BEACH ~~'LORiDp 33444 - 56'~,'2':';'.j.-7CJO'~:
All-America Cl1y July 15, 2005
, , II J!
RE~ FT\clT-i-:J5l
1993
2001 Gary Czajkowski, President JUL 2 0 2005
Chaz Eqilipment Co. Inc. BY:
3460 Fairlane Farms Road, Suite #8 =.---.. _:
Wellington, Florida 33414
',t .~t",-.,:# ,.. .~, '., f."'J' .i... ""',... .....:'"'4...;.*...lr~..~... ..Il,,, )' , " hi., -,., <,-.~
,
RE: Bid #2002-37
Sanitary Sewer Manhole Interior Rehab
Annual Contract - 3rd Year Renewal
Dear Mr, Czajkowksi;
Our City Manager, on July 14, 2005, approved the one year renewal with your company for the
alIDual contract for Satritary Sewer Manhole Interior Rehab.
Tenn of the contract will be from October 01,2005 to September 30, 2006. Items will be ordered
via individual purchase orders andJor blanket order releases 011 an "as needed" basis for the
contract tenn.
Please forward to my attention, an updated certificate of insurance<. naming the City of Delray
Beach as additional insured at limits specified in the- bid packa-ge.
We would like to thank you for your good performance and interest in the City of Delray Beach.
If you have any questions, yqu may contact me at (561) 243-7163.
/
c: L..,.,,, "re 1"
u .LvV J.y,
~JbJZ!^_ R c72~'1JZ~J-
J aclc1yn Rooney
Purchasing Manager
c;c: Joseph Saffor~ance Director
Dan Beatty, Deputy Direc.tor Public Utilities
Richard Hasko, Director of Environmental Serviyes
.. Scott Solomon, Manager Water & Sewer Network
~ PrintlE}d on neC'yC/t:l(j ,oaper THE EFFOF:T Al..VVA'/'.) MATTErc:c:
... If ,_(......,...w ~....... . "" --.. ... ---..... --..-., "t:t;J""-<t "''''~
"
..' ..
,!;?,,, [ITY DF DElRAY BEA[H "
DElRA'r' BEACH .
~ I.(JO N,W, Is! AVENlJF. . DF.L8AY AFA(,;H, FI Of(If)^ :1:,l44.1 . G01/2-13 7000
fijjT! J~e 28. 2005 _
1993
2001
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3.2S{) fo.id~"'~.f~:RQ~d.,~~6.* < '~..'" . _ ..
Wellington, Florida 33414
REF: Bid #2002-37 -Saniwy Sewer Manhole Inrerior
Rehab - Annual Contract, 3rd Year Renewal
. \
Dear Mr. Czajkowski;
The annual contract for Lhr.: above referenced Bid expires on September 30, 200?_ Per page #5,Section 20
"Renewal" of the General Conditions of this bid package, "111e City Manager may renew the contract, at the
I . .
.t::} same terms, oonditions, and prices' for foUI' (4) consecutive teTiTlsQf one. (1) year subject to'vendor(s)
;,~. acceptance, , satisfactOty performance and determination that renewal will be in the best interest of the City",
Please advise {fthis ex.tension of your contract at prices quoted in your Bid da.t~d August 27. 2002 would be
a.oceptable.
Please respond by signing. below and returning one original copy to mY,attention,.,Jacklyn Rooney, Purchasing
Division, City of DelTay Beach,lOO-N, W. -First Avenu.e, Delray Beach, Florida; J3444.~---
Sincerely,
---~. .' 7 ;i<='"') .
,. ". - '.. d
'- ,t../J-,,.p ... _ c<.?- )" 1.'/'.( .-. /
Jacklyn Rooney, Purchasing anag1r
7;':ereby.gree the one (Il year extension of !he subject Bid ------
_ t? provide a one (1) year extension ofthe subject Bid
_. 7--/:2 -OS
Date
a. f'
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U~LR^YBBACH
~ I" i ~I W ".'. ^Iii-NII' I)i : HAY RF ^(;! i i l O:1!r!^ :':"1,1 'I . :,t;:lc4:.J 700',
AII'Ain~l1~a elly
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11)1),\
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January 14, 2004
Mr. Gary Czajkowski . .. '.Q ;"ltfl,
3460 Falrlane Farlns Road, #8
Wall!ngton, Florida 33414
To whom it may concern,
This letter is to confirm that the City of Delray B~ach Contract #f002-37 for Sanitary Sewer Manhole
1l1terior Rehabilitation - Annual Contrsctisan open-ended unit-price oontract appllcable to one or
lore'unft measurements herein With rio limit on price total 80 long as unit prices remain constant in
accordance to the' coritract document.
Consideration in awarding rehabilitation of sanitary manhole to Chez Equipment Company in
acccrtlance with the above contract by 1./n~ prip.e consideration and without'lirhit t<Hotal sum by any
municipality or governing body within tpe State. of Florl~a may be given under "piggy back"
provisions without further need of C!tPprc;wal from the City of De/ray Bea'ch. '"
Sincerely,
,
~~{W/~
,/ Patsy , d I, Bl.lyer -.
City 0 ray Beach
Cc: Jo""ph S'fford,~ce Director
Jackie Rooney, urchaslng Manager
L< ,. T 1-1 f=. F F F n R T A I \/11 D. v c, 1\ If ^.,. , ~ ~-
,
r I
--- .-.
plY DFDElRAYBEA[H
....~_,\AYBEACH. . , 4
~. 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243_7000
All-America City
, , II ,: Gary Czajkowsb August 19,2004
1993 Chaz Equipment Co, Inc.
2001 3380 Fairlane Farm Road, #16 -
Wellington. FL. 33414 SEPO 8 2D04
REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab
Annual Contract - 2nd Year Renewal
- . tJ ,,".. ..... ..; .' ,. :-e,1 ~ '. . ... "f.
f
Dear Mr. Czajkows~;
Our City Manager, on August 18,2004, approved the one year renewal with your company forthe
annual contract Bid# 2002-37 -Sanitary Sewer Manhole Interior Rehab.
Term of th~ contract will be from October 01, 2004 to September 30,2005. Items will be ordered
vta individual purchases orders and/or blanket releases on an I'aS l1eeded~' basis for the contract term.
Plea,~e fon:<,'ard to myattentitm. an updated Gertificate of:1nsurance. namlnllthe City ,')fDelrav Beach
as an additional insured at li:nits specified in the bid package.
We would like to thank you for your good service and interest in the City of Delray Beach. If you
have any questions, yoU may contact me at (561) 243-7161.
(flcerelY'
.~71~ ......
Pats~ ada1, Buyer
/
cc: Joseph Safforffi.an~e Director
Dan Beatty, Dep. Ditector ofP.ublic Utilities
, f
Scott Solomon, M~t1ager Water/Sewer
,-
\
IJ;>" n~.. . - THE EFFORT ALWAYS MATTERS
_.
;:ry DF DElRAY BEAtH
Db., ~.( BEACH
I Lot I D.....
Idd
AII.Amerlca City 100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444.561/243-7000
, , II I! Gary Czajkowsb July 14,2004
1993 Chaz Equipment Co. lne,
2001 3380 Fairlane Farm Road, #16
Wellington, FL. 33414 JUL L 6 LUU~
REF: Bid #2002-37 Sanitary Sewer Manhole Interior
" Rehab.~ Annual Contr;act I , " .." ,. ~
2nd Y~ar Renewal
Dear Mr. Czajkowski;
The annual contract for the above referenced Bid expires on September 30, 2004. Per page #5, Section
20 "Renewal" of the General Conditions of this bid package, "The City Manager may renew the
contract, at the same terms, conditions, and pnc'es, four (4) consecutive term(s) of on~ (1) year(s)
subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the
best interest ofthe City". .
Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002
would be acceptable.
You may respond by signing below and returning one original copy to my attention, Patsy Nadal,
Purchasing Division, City of Delray Beach, 100 N,W. First Avenue, Delra)' Beach, Florida, 33444.
Sincerely,_ ~1 J. ,.,
I~; ;/
~,:')l)U'i'/ 17./.11 -~
, Patsy, adal, Buyer
.I -,~.~--
ee to the one (1) year extension of the subject Bid Package.
~e one (1) year extension of the subject Bid Package.
7 /J7 /6i
Sign ture /! Date /
J GIlI\'; . &J k~u.rlcf . , ~
Name (printj ....;
cc: Joseph Saffor5TIrance Director
Brad Miller, Chaz Equipment Co. lne,
Tl-li= FFFnRT ALWAYS MATTERS
,
.-. - JUL 2 5 2003- .
plY DF DELRRY BERCH
_ ,y BEACH
, ~ ~ lID ~ .
'tatd 'j:::; j ~I 1// 1 5~ AVEl'llj t: . ;:,~Li=:.;l.f BEACH. FLORIDA 33444 . 5611243-7000
Ail-America City
\ ~ IIJ! July 18, 2003
t 91) ~
2!)O J
Gary Czajkowski, President
Chaz Equipment Co, Inc.
3;380 Fairlane Farms Road, #16
W e~lington) Florida 33414
u. ...... , . . r: ; J~..... : .. .
I
RE: Bid #2002-37
Sanitary Sewer Manhole Interior
Rehab - Annual Contract
\
Dear Mr. Czajkowksi;
I
. Our City Manager, on' July 13, 2003, approved the one year renewal with your company for the
\J\ annual contract for Sanitary Sewer Manhole Interior Rehab.
~ Term of the contract will be from October 01, 2003 to September 30,2004, Items will be ordered
via individual purchase orders andJor blanket. order releases on an "as needed" basis for the
contract term.
.Please forward to my attention, an updated certificate of insuran~, naming the City of Delray
. Beach as additional insured at limits specified in the bid package.
We would .like to thank YOl.,J. for your good service and interest in the City of Delray Beach. . If
you have any questions, you may contact me at (561) 243-7163.
./ .
Sincerely, /
~R~
J a kl)'Il Rooney
Purchasing Manager
cc: Joseph safford,~e Director ,. . .
Dan Beatty, Deputy DlIector pubhc Utlhtles
Richard Hasko, Director of Envirorunental S e~ices
Scott Solomon, Water & Sewer NetworkManage~
(~) P":.-:I:f'; ,-"Or, Q~C.'lc:ed Paper THE EFFO RT A,_'vvP-YS MATTERS
- '" ...-- o 1 21103
(I~ o , nn1 'Jl Jl _..'-~.'
DF DELRRY BERtH
Y B EA C H
I I l" ~
aad = i~.= -..:, -,~
_.- ,,:,..-. -' ~:-...;J~7C:
AII.America City
1'1'" June 25, 2003
i n
~/ .~ I !
Gary Czajkowski, President
Chaz EquipmentCo. Inc.
3380 Fairlane Farins Road, #16
Wellington, Flonda 33414
REF: ,Bid #2002-37 - Sanitary Sewer Manhole Interior
Rehab - .Annual Contract . .
151 Year Renewal
Dear Mr, Czajkowski;
The annual contract for the above referenced Bid expires on September 30, 2003. Per page #5, Section 20
"Renewal" of the General Conditions of this bid package, "The City Manager may renew the contract, at the
same terms, conditions, and prices for four (4) consecutive terms of one (1) year subject to vendor(s)
acceptance, satisfactory performance and determination that renewal will be in the best interest of the City"
Please advise if this extension of your contract at prices quoted in your Bid dated August 27,2002 would be
acceptable,
Please respond by signing below and returning one original copy to my attention, Jacklyn Rooney, Purchasing
Division, City of Del ray Beach, 100 N.W. First Avenue, Delray Beach, Florid'a, 33444.
Sincerely,
Cfd~r R dU~
J acklyn Rooney
Purchasing Manager
/
I hereby agree to t~e one (l) year extension of the subject Bid
_ I am unable to pr6vide a Qne (1) year extension of the subject Bid
/.,~ ~ 7lfo3-
~~tur51 /J Datel /
- (;/1/( (7;:? III QL(I <) XI'
Name (print) / J
cc: Joseph safford~e Direct~r
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'~ ~I.'YDF DElRRYIEA[H
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uELRAY BEACH ~ '"
, I a ,. In",
bed 1 00 N,W. 1 st AVENUE, DELRAY BEACH, FLORIDA 33444 ,561/243-7000
AII.AmerIC(l City
'till,' October 24) 2002
1993
2001 --
Gary Czajkowski. President
Chaz Equipment Co. Inc.
3380 Fairlane FannsRoad. #16 ~~.,. r, ,'.
. .' . :.:.:..\ "" ..'".,...... .
Wellingto~) Florida 33414 . ."1 ~.
REF: Bid #2002-37 PO~ ~D7 5lfd.
Sanitary Sewer Manhole Interior ) DJ I I 09. ..- q(~O/00
Rehabilitation- Annual Contract
Dear Mr. Czajkowski, ,
Enclosed is one original copy of the contract for the above referenced bid awarded to your
company by City Commission October 01,2002.
Term of the Contract will be from October 01) 2002 to September 30, 2003, with the
option to renew forfour (4) additional one (1) year periods.
We would like to. thank you for your good service and interest in the City of Delray
Beach. If you have apy questions, you may contact me at (561) 243-7163~
Sincerely, ~ ..
~~
. /
Ja lyn Rooney . /
Purchasing Supervisol
i
Attachment
cc: Joseph Safford, Finance Director
C. Danvers Beatty, P,E., Deputy Director of Public Utilities
. Richard C. Hasko, P.E., Director of Environ.r11ental Services
Scott Solomon, Water & Sewer Network Mais).ager
. ~ Pn,.'.,.,.... :::...-.._I....{ D......... THE EFFORT AL'vVAYS MATTERS
~.
CITY OF DELRAY BEACH
'.
INVITATION TO BlD
PURCHASING OFFICE
100 N.W. 1st AVE
DELRAY BEAcH, FL 33444
(561) 243-7163
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BID NO. #2002-37 DATE: July 23, 2002
-- .,
TITLE: Sanitary Sewer Manhole Interior RehabilitatIon
BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday. Auqust 27, 2002, prior to 3:00
QJIl. at which time all bids will be pUblidy opened and read.
I
INVITATION TO BlD
,
This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda
and/or any pertinent document fortn a part of this bid and by reference are made' a part thereof.
PURPOSE: It is the purpose and.jntent of this Invitation to secure bids for item(s) and/or services as listed
herein for the City of Delray Beach, Florida, hereinafter called the CITY.
,
SEALED BIOS: Sealed bids will be received in the Purchasing Office until the date and time as indicated
above, Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged
to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the Ci,ty of Delray Beach,
Purcha~ing Office, 100 N.W. 1 st ~venue, Delray Beach, Florida 33444, Outside of envelope shall plainly
identify bid by: ~ID NUMB~RI TIT'fE; AND DATE .OF BID OPENING, It is the so~e responsibility of the bidder
to ensure that hiS or her bId reaches the PurchaSing Office on or before the closing date and hour as shown
above. RETURN ONE COpy OF ALL BID SHEETS. Any failure on the part of the supplier to comply with 'the
ensuing conditions and specificitions shall be reason for termination of contract.
I
CITY'S ACCEPTANCE: Unless othef\Nise specified herein, the bidder will allow a minimum of sixty (60) days
from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission.
AWARD: The City reser/es the right !o waive minor variations to specifications, informalities, irregularities and
technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept
bids t~at in Its judgment will be fOi the best interest of the City, as further stated in Paragraph 15 of General
Conditions.
,
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]) ENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
.
1. SUBMISSION AND RECEIPT OF BIDS: .
A. Bids, to receive consideration, must be received prior to the specified time of opening as
designated in the invitation,. . ..
B. Unll?SS otherwise specified, bidders MUST complete all questions and price b.lanks in the
spaces provided in t1'1is Invitation to Bid, Failure to do so may cause your bid to be rejected.
However, you may attach supplemental information.
C. Bids having any erasures or corrections MUST be initialed by bidde.r in ink.. Bids shall be..
signed in ink. All prices shall be typewritten or filled in with pen and ink,
^'':- .....
D. All bids MUST be signed with the firm name and by an officer or employee having the al,Jthority .
.. " to bin~. the company or firm by his/her signature~ . . ,.
2. QUANTITIE~ OR USAGE: .
Whenever a. bid is. solicited seeking a source for a specified .time for materials or services in the
quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or
implied by.the City of Delray Beach as to the total amount that rqay or may not be purchased from any
resulting contracts. These quantities are for' bidders' information only and will be used for tabUlation
and presentation of bid. .
3. PRICES: '
A. Bidder warrants by virtue of bidding that prices. terms, and conditions quoted h his biq will be
firm for acceptance for a period of sixty (60) days 'from the date of opening unless otherwise
stated by the City or bidder.
B. Prices should be stated in units of quantity specified in the bidding specifications. In Case of
discrepancy in computing. the amount of the bid, the unit price(s) quoted will govern.
C. Consideration ifl awarding bids for term contracts will be giv~ fjrs.t to bidder offering firm
prices subject to market price reduction and second to bidder 9fferin9 firm prices for full
contract' period. .If at any time during the period of this contract, the City of Delray Beach is
able to purchase the items and/or services at prices less than our contract price, the
successful bidder shall meet these prices and in the event of 'his failure tod.o so, the City' of
Delray Beach may ~g6tiate fora new contract on the open market... .
I
D. The City reserves'the right to purchase items on state contract if.such items can be obtained
on the same ter,rns, conditions, speCifications and in the best interest of the City.
E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be
considered in determining the lowest net cost for bid evaluation purposes. Bidders should
reflect any discounts to be considered in the bid 'evaluation in the unit prices bid, .
4, DELIVERY:
A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the
bid price. Failure to do so may be cause for rejection of bid.
\
B, Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves
the right to cancel such orders, or any part thereof, without obligation if 'delivery is not made a~
the time(s) specified on bid'form. '
5, BRAND' NAMES:
If and whenever in the specifications a.brand name, make, name of any manufacturer, trade name, Or
vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material
only. Since the City does not wish to rule out other competition and equal brands or make, the phrase
OR EQUAL is added. However, if a product other than that specified is bid, it is the vendDr's
responsibility to name such product within his bid and to prove to the City that such product is equal to
that specified.
6. QUALITY: -- ,."
All materials used for the manufacture or construction of any supplies, materials, or'equipment covored
by this bid shall be new. The items bid must be new, the latest model, of the best quality;Ciild ';'\fg'heSt
grade workmanship. .
7. SAMPLES: . .
Samples; when requested, must be furnished free of expense 'to the City and if not used in testing or
destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense.
8. ACCEPTANCE:
The material delivered under this proposal shall remain the property of the seller until a physical
inspection and actual 'usage of this material and/or service is made and thereafter accepted to the
satisfaction of the City and must comply with the terrris herein, and be fully in accord with specincations
and of the highest quality. In the event the material and/or services supplied to the City is found to be
defective or does not conform to specifications, the City reserves the. right to cancel the order upon
written notice to the seller and return product to seller at the seller's expense.
9. DEFAUL T PROVISION:
In case of default by the bidder or contractor, the City of Delray Beach may procure the article or
seNices from ,other sources and hold the bidder or contractor responsible for any .excess costs
occasioned or incurred thereby.
10, /
COPYRIGHTS OR PATEN; RIGHTS:
Bidder. warrants that thefe has been no violation of copyrights or patent rights in manufacturing,
producing, or selling thelgoods shipped or ordered as a result of this bid, and seller agrees to hold the
City harmless fromany:and all liability, loss, or expense occasioned by any such violation.
11, COMPLIANCE WITH SAFETY STANDARDS:
A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all
provisions of the FloridaState Safety Standards,
B. Whenever a bid is sought and seNices secured for any type of on-site construction the
awarded bidder shall remove from the work site at the end of each working day all rubbish and
waste debris resulting from his operations. \ The awarded bidder shall also secure the work
site before leaving at the end of each working day,
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r " MANUFACTURER'S CERTIFICATION:
The City of Delray Beach reserves t~e right to request from bidders separate marfufacturer certificatia n
of all Statements made in the proposal.' ,
13. SIGNED 810 CONSIDERED AN OFFER:
This signed bid sha'll be cons1dered an offer on the part of the bi.dder or contractor, which offer shall be
deem'ed acceptE;!d upon approval by the City Manager and/or City Commission of the City of Delray
Beach ~nd in case of 'default on the part of the bidder or contractor after such acceptance, the City of
Delray' Beach may take such. action as it deems appropriate including legal action for damages or,
specific 'performance.
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14, LIABILITY, INSURANCE, LICENSES AND PERMITS:
. 8\'~.:
A. PERMITS: xYhere bidders are required to perform work on City structure(s) or property as a
". "'-> " result of bid award,.the City,.yvill waiveiMe cost for permits. Con.tractor shall pay for permits for
I .....:-: ,/ . . . . .
all6therwork,. .' . '.' ," ,0;. ~""- c.... '. ,', '. ,"'
B. LICENSES: If you are not licensed to perform work in the City of Defray Beach you MUST
obtain an Occupational License before a Notice To Proceed will be issued.
\
C. LIABILITY INSURANCE: The City .prefers the insuranGe and bonding companies have a
BEST Rating rio less than A-, VII or l;>etter. If you have any questions regarding the City's
Insurance and/or Bond requirements, please contact the City's. Risk Management Office at
(561) 243-7150. See pages 14 & 15 for Insurance Requirements, A Msample" certificate has
been attached.
'15. SPECIFICATIONS: .'
,
A. For purposes of evaluation, bidder must indioate any variances from our specifications and/or
conditions, NO MATTER HOW SLIGHT. If variation's are not stated in the proposal, it will be
. .. .
assumed that the product or service fully complies with our specifications:
B. Any omissions of de tall specifications stated herein that would render the'materiallservice from
use as specified will not rel.ieve the bidder from responsibility, ;..
16. AWARD OF CONTRACT:
The City of DelraYBeaChtZ'serves.the right to accept any Bid or combination of Bid alternates which, in
the City's judgment will . est serve the City's interest, reject any and all Bids, to waive any and all
informalities and/or irreg6larities, and to negotiate contract terms with the Successful Bidder, ahdthe
right to disregard all,..non-conformihg, non-responsive, unbalance.d er conditional Bids. The City"
reserves. the right to reject any'or all Bids, or any part of any Bid, to waive any informality in any Bid,
and to award the pur~has'e in'the best interest of the City. Discrepancies in the multiplication of units of .
Work and unit prices will be resolved in favor of the unit price. . Discrepancies between the indicated
sum of ahy column of figures and the correct sum thereof will be resolved in favor of the C0rrect sum.
17. TAXES:
The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal
GOvernment. Exemption c~rtlficates certified on request. State Sales Tax Exemption Certificate No.
60-08-116241-54C appears on each purchase order.
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FAILURE TO BtD:
If you do not bid, return "Statement of No Bid Form' and state reason, OtherwislS', YOUR NAME MAY
BE REMOVED FROM OUR MAILING LIST.
19, EXCEPTIONS TO CONDITIONS1 1 THRU 18 (Boiler Plate)
Any time Bid Specifications differ from the General Conditions, Bid Specifications and Specia I
Provisions will prevail.
20, RENEWAL:
The City Manager may renew the contract, at the same terms, conditions, and prices, FOU R
consecutive term(s) of ONE year(s) subject to vendor acceptance, satisfactory performanc~
determination that renewal will be in the best inte.r~st. of the City,
21. ANTI-COLLUSION:
,J' .
A. Bidder certifies that 'this bid is made without prior uhderstanding, agreell:,;er):. 0.' ~':':;:"'.f.Jr,:tior,
with any corporation, firm or person submitting a bid for the same matetials, services, supplies,
or equipment and is in all respects fair and without collusion or fraud.
B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of
material or provision of services. Any such violation may result in contract cancellation, retu rn
of materials or discontinuation of services and the possible removal from the vendor bid list (s).
22. CONFLICT OF INTEREST:
A. Bidder declares and certifies that no officer, employee or person whose salary is payable in
whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the
supplies, materials, equipment or services to which it relates or in any portion of the profits
thereof; or
8. The award is subject to provisions of State Statutes and City Ordinances. All bidders must
disclo,se with their bid the name of any officer, director or agent Who is also an employee of the
City of Delray Beach. Further, all bidders must disclose the name of any City employee who
owns, directly or indirectly, an interest of ten percent (10) or mGre in the, bidder's firm or any of
it's branches.
23. NON-DISCRIMINATION:
The Bidcjer shall not disc,1minate against employees or applicants for employment because of race,
creed, color, religion, s~x, age, handicapped status, disabilities, or national origin. The Bidder will
endeavor to ensure th?lt applicants are employed and that employees are treated during employment,
without regard to their'race, creed, color, religion, sex, age, handicapped status, disabilities, or national
origin. Such action ~hall include but not be iimited to the following: employment, upgrading, demotion,
or transfer; recruitme'nt advertising; layoff or termination; rates of payor other forms of compensation;
and .selection for training inCluding apprenticeship. The bidder agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause. These 'provisions apply to all subcontractors and it is the responsibility of the
subcontractors to be 'in compliance.
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. , DISCRIMINATION:
, ,
An entitY or affiliate who has beep placed on the discrimInatory vendor list may hot submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or'perform work as a contractor.. supplier, subcontractor
or consultant under contract with any public entity, arid may not transact buslnesswith any pubn~
entity. .' . .
".~."'.
" ,I' &:k .. .
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I STANDARD FORM OF AGREEMENT
BETWE,EN CITY AND CONTRACTOR
THIS AGREEMENT made this day of 20 _, by arld
between the CITY OF DELRAY BEACH (hereinafter called CITY) and
Chaz Equipment Co. Inc. (hereinafter called CONTRACTOR).
WITNESSETH:
The C.lTY and the. CONTRA,PTOR inconsideration. of the mutual covenants
'.... - . ('- -
hereinafter set forth, agree as follows:
1. The undersigned CONTRACTOR hereby r~presents that he has carefully
examined all Contract documents, and will perform the_ contractual requirements pursuant
/ ~o all covenants and conditions.
, (
, .
2. The CONTRACTOR, as evidenced by the execution of this contract,
acknowledges that it has examined the physical characteristics of the job requirements.
The CONTRACTOR further acknowledges that the bid price includes all costs and
expenses required for the satisfactory completion of the contracts requirements.
3. The contract lietween the CITY and the CONTRACTOR include the following
/
documents which are attached hereto and incorporated herein by reference of the following:
I
CONTRACT DOCUMENTS PAGE NUMBERS
I nvitation to Bid 1 - 6
Standard Form of Agreement 7 - 11
Corporate Acknowledgment 12
Certificate 13
I nsurance Requirements 'i4
Sample Insurance Form 15
Drug Free Work Place Certification 16
Specifications 17 - 24
Proposal (Schedule of Pricing) 25 - 26
Bid Signature Page 27
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I JNTRACT DOCUMENTS (cant'd) PAGE NUMBERS
t)tatement of No Bid 28 .
"
References 29
Addenda numbers n/a to T1 (a ' , inclusive, and any modifications, including
Change Orders, duly delivered after execution of this Agreement.
4, The term of this contract shall commence Dn the date indicated on the Notice
to Proceed. ~
-~.'f'~"
5. This agreement shall be governed by the laws of th~ 8tateof Florida as Now
, ' "
. /. ..-:'." .', ~- ..-.
and hereafter in force, The venue 'for actions arising out of this ag'reemen;;-shalkbe'Pa,lm
Beach County, Florida,
6. All notices, requests, demands, and other 'given jf personally delivered or
mailed, certified mail, return receipt requested, to the following addresses: , ,
(
As to City: ' ; City of Delray Beach, FL
100 NW 1 st Avenue
Delray Beach, FL 33444
As to CONTRACTOR:
Chaz Eauipment Co. Inc.
'"
3380 Fairlane Farms Road. #16
I Wellin~ton. Florida '33414
/
,
,
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7. The CONTRACTOR shall not, without prior written consent of the CITY, .
assign any portion of its interest under this contract and, specifically, the CONTRACTOR
shall not assign any moneys due or to become due without the prior written consent of the
CITY.
8. The CITY and the CONTRACTOR each binds himself, his partners,
\
successors, assigns and legal representatives to the other party hereto .in respect to all
covenants, agreements and obligations contained in the contract documents,
) 9. In consideration of ten dollars ($10.00) and other valuable consideration, e
I
CONTRACTOR shall defend, indemhify and save harmless the CITY, it~ officers, agents
and employees, from or on account of any liabilities, damages, losses and costs received 0 r
sustained by any person or persons by or in consequence of any negligence (excluding the
sole negligence of the CITY), recklessness or intentional wrongful misconduct of th e
CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the
performance of this Project. CONTRACTOR ag~e.es that negligent. reckless or intention al
wrongful mlstoh"dOd i'ticlttdes, tlot >is 'not limited .to, .use". of ..any. improrer.mCl~~rJB,r,~. .or
liabiliti"es, damages, losses or costs caused by or on account of the use of any improper
materials, CONTRACTOR agrees that negligent, reckless or intentional wrongful
misconduct also includes but is not limited to the violation of any Federal, State, Cou nty or
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"':ity .laws, by-laws, ordir:iances or regulations by the CONTRACTOR, his subcontractors,
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agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and
save harmless the CITY from all such claims and fees, and from any and all suits and
actions of every name and description that may be brought against the CITY on account of
any claims, fees, royalties, or CDsts for any invention or patent, and from any and all suits
and actions that may be )6rought against the CITY for the infringement Df any and all
patents or patent rights claimed by any person, firm, or corporation.
The indemnification provided above shall obligate the CONTRACTOR to defend at
his own expense or to provide for such defense, at the CITY'S option, any and all claims or
liability and all suits and actions of every name and description that may be brought against
the CITY which may result from the operations and activities under this Contract whether
the construction operations be performed by the CONTRACTOR, his subcontractor 0 r by
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... ~ "one directly or indirectly employed by either. This indemnificatio~ includes all costs and
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fees including attorney's fees and costp at trial and appellate levels. ,.
The CrN will pay to the CONTRACTOR the specific consideration of ten doliars and
other good and valuable consideration as specific consideration for the indemnification
provided herein. Furthermore, the .CONTRACTOR acknowledge$ that the bid price includes
said cons,ideration for the indemnification provision.
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10. This Agreement sh?11 be considered null and void unless signed by both the
. .
... CONTRAC.rOR ahd-the~CrrY,..,.;~.,...: ,~P,.... . '. .," . . ," .., c- "\0" ',JI/',,:, ''''. ,.; ;.
;' ., .r"..:t,.'",", . ,..... '':.
11, The, contract documents constitute the entire agreement between the CITY
and the CONTRACTOR and may only be altE?red, amended~r repealed by a duly execute'q .
written instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
....~...... Y'.'
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. .~ " '.... .- "By: 0~j;~,.~. --~. .
City Clerk David W. 'Schmidt, Mayor
Approved as to form:
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~City Attorney j
~' /\
WITt1l hUll Uof {(l ~$NTRACTOR; ) ~
J00 OJ i -==b {\ ~ ~yW t:tJ2k I C;; Pt fl.j r7 Pr.:W [.Ui:~~
(Print or type name and title) / (Print or type name and title)
(SEAL)
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CORPORATE ACKNOWLEDGMENT -
STATE OF
COUNTY of
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-' se ~ore:~In:~s~~:~~_was~CknOWledged before me this! 0 /" dayof
. . / , 20 Q@:, by {::?r'efrG('I-~cu:&kI" (oome"t . .~
officer or 'agent,. title of officer or agent), of ~l a1 d (\. . (state
or place of incorporation) corporation, on behalf of the corporation:
He/She is (personally known to me) (or has produced identification) and has used hJs/her
l .
, , . tPeof ~9t-tific.}~n) Jas identification.
S' 'n ture of Person Ta
Acknowledgment ,
~Me(le .Q~.le~
Name of Acknowledger Typed, .
Printed or Stamped
I
/ ;:,~ D.'a.EHE IlMaEY
/ t,:~ . MY CCMMISSIa'l , CC9:).(.42S
. I . , EXPIAES: JaooaJy 23. 2004
I ~: .;r.I. V 8o<dectTlwvNoluy~UlllltlWrUn
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CERTIFICATE
(If Corporation)
STATE OF F~DA )
~ )SS
COUNTY OF . m -. M) ...-- "
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- ~.RE:lrEB"\, C~Trl'Y'lnat ,{meeting of the 13uard df Directors 'of Cf\-tY['''~L( F\i'\fltb
...L-("'\c.. ' , a corporation under the laws of the State of
~ Dt-v~ lCb- 10 I 20 D~e following resolution
was du Iy passed and adop ~e8'
.
"RESOLVED", th t 4: ,. as
, President of the corporatio . he/she is hereby authorized to execute the Agreement
"ated ,20_1 between the City of Delray Beach, Florida and this
orporation, and that his execution thereof, attested by the Secretary of the Corporation and
with corporate seal affixed, shall be the official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this 10 day of(Dco:f ! 200G-
I / ~ hCfh'=r Ik>>-fIl
(S cretary) L
(Seal)
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1 INSURANCE REQUIREMENTS
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A. GENERAL
During the te,rm of the contract with the City, the contractor shall procure and maintain
insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below.
B, COVERAGE .
Except as otherwise stated, the amounts and types of insurance shall conform' to . the
, following minimum requirements:
1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in -
compliance with the applicable State and Federal Laws~ In addition, the policy must
include Employer's Liability with a limif bf'$1 oo,oqo each accident.
.' '. ,,', '.... '2~' .', eom.preheflsive~GeAef.a~;UahUltlt....." C.o,vera_g~ must bE3,sffotded. one form nDmore
restrictive than the latest edition of ,the Comprehensive'G-enera"f' Uabiirty ~o1YBy 'fif~1::1"" -, ~ . ~:.
by the !nsurance Services Office and must include:
a) Minimum limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liabilify.
b) Premises and/or Operations.
c) Independent Contractors.
d) . Products and/or Completed Operations, .r
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, e) N~ ex~lusion for Underground, Explosion or Collapse hazards.
f .,
3. Business Auto Policy - Coverage must be' afforded on a form' no more restrictive than
the latest edition of the Business Auto Policy filed by the' Insurance Service. Office
and must include:
a) . Minimum Limits of $300,000 per occurrence combined single limit for Bodily
Injury liability and Property Damage liability.
b) Owned Vehicles. .....
c) Hired and Non-Owned Vehicles,
d) Employer Non-Ownership.
3. Certi.ficate of In~rance - Certificates of all insurance evidencin~ the insurance
coverage speciy.ed in, the previous Insurance Administrator prior t,o commenc~m~nt
of work. The. .required certificates of insurance shall not orily name the types of
policies provided. but shall also refer specifically to this bid and section and the' above
paraqraphs h, accordance with which such insurance -is beinqfurnlshed. 'and shall .
state that such Insurance is required bv such paraqraphs of this contract. The
successful bidder will include the Citv of Delrav Beach as additional insured. If the
initial insurance expires prior to the completion of the work, renewal certificates shall
be furnished thirty (30) days prior to the date of expiration. Also, under the
Cancellation sectioflof the Insurance Certification the words "endeavor to" and "but
failure to mail ,such notic;e shall impose no obligation or liability of any. kind upon the
company, its agents or representative" shall be crossed out as indicated on the
attached .Sample of Insurance Certifica~e",
5612437156 C t TY Of DELRAY EEA~ 8f0 ;:>08 DEe 21 ';::,e ,.~ ; ::::.."")
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-, THIS CSRTIFlCATE IS tssuEO 1-S)" LI,l.'1'TEFl OF t.HFOOU,nOO' O111..Y..J.ro COt.-~:
I 1'10 l'l~ \JI"ON 7111: c::e11TlRCJ., Te liO\.DER. TH IS CERT ~ T"E OO€S HOT A.l.l E.H R:s
.J GOOD mS'Cl'RANCE; IliC.. E.XTO< D 00 ALTER me co Y'EPJ.Oe. ~ BY THE F'O'..JQ1;S ea. ow. 0,
1', O. 'BOX }.-1 .
COMPANlES AFFORDING COVERt\GE -------
:BEST CITY, USA 00000 n. ~ A RlG!:IT GUlJl..D DlSURAllCE CO..
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mLLlllG 'iJO.RKERS A$SOC. ''3~'" urfTE R
AB C DRIVE COI.lP..a.NY 0
ANTI OWN , USA 000.01 \ETl"'ER
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'rHIS IS Tq ~ l'HAT POlX le5 Of'~.tJSTiJ:l aaOWHAVE e.ebl',lS$IJu>ro 'f"H.E' ltl$l.IfW) tUJ4E1;l.a.&OYE FOR lHEf'OUCY PEI'UOOINOic.A TED' I
H<rrwrn..tSTAAOlHO ~ Rl!.OUll ~EHT. TVlM Oft ~ or- f.H'j COtf'I':I'U.CTOf',O"THEfI ~EHJ'.....,-n; ~T TO Wl'IrcH"lW$. cvrrll'1r....Tt.. "'-J..y .
Be 'ISSUED' Ofl.t.V;Y P'EFlT ,l,IHl"-r~ "J:~AFFOl'\DEtl il1k!r~ .PQWOEB>.oti:SCl'JlJ!Z o.HeAElH .ol$.stIo.JSc;:r'TO"l,'lA. ltKS'lEJll.tS; .o.<lL.I1~JCW'I.f.idr''''''/tJl'iOi-' ,,,!..
'TlOHS OF SUCH P~. . . .' ' '.
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I1'F'E OF INSUR>>/CE puUCY NUl.-\BEJ\ l'Q.,Cj trRiCTM PO.. Cf tJ:HU. ll;f{
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OEtiERAL UABIL1TY 6OO'l. y
X CCMPf\E.HEIlSl'IE FOPJ,( GLP077604 3-01-90 3-01-91 LHJ\JFlY S
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EXPI.~ /" Cll.J.A."Sf KAVJ>,D
X PfmJC'TS.-w.lPLE110 ~l\Am IS
CDIfTR,1CTI.W.. ~. ~ ~~E~ \ S 300 S 300
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I X IHO fX.NDEI(r CON TAACTORS 1~ \ i
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aRO).J) FOIW PllOPER TY D....I.,IACC Ii
Pf!\SCj-I-'l. IlWP."i , P EI'lSON AL \H.IU P. Y $
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AUTOM061LE UAelUiT lI:C:1.f ,:
ALP07J60S 3-01-9Q 3-01-91 e.J,P
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PMI. P.ASS. I l
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hQ'i~'{liEO ),lJTClS ~ S
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C>ESCP,\?TlOf'{ OF opeAAT1OH$/\.OCA~ mJ..LS on secC on must rea
THIS I..RSUR.A.1:lCjE .!.PEL! ~LE '!O (sr.ate p.J:oje:cc) as belw. c~oss QUe judicaced yording
* CITY 0 F' nELRAY BEAC 1 lS .!DD1TION.A.L ll1$UR.ED & provide 30 days ~tcen notice)
~ ~ """ Of "'" -"...,..".. '"""" .. ~ _11<' EX- I
CITY OF DELMY :BEAG!! PIMngrj OATE THEAEOF. THE ,as~Q COWPA"'t' WIL.1. ~lICl'fl -6
I 434 S. S1IINTON AVEllTE IoW't- DAYS.~ NO~ TO ~n ti()I..OE.f\ HJJ,lED TO 'T'!{€:
L.EFT. ~1.''''''lI4' ",",In ~~ ~:~~~ ~tl~Tf ._
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. ^' Dl!1.RAY, BEACH, FLORpA 3-y,44 . .' ~ .
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~ DRUG FREE WORKPLACE CERTIFICATION'
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If identical tie bids exist, preference will be given to the vendors who submit a certification with their
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bid/proposal certifying they have a drug-free workplace in accordance with Section 287,087, Florida
Statutes, The drug-free workplace preference is applied as follows:
IDENTICAL TI E BIDS: Preference shall be given to businesses with drug-free workplace programs_
Whenever two or more bids which are equal with respect to price, quality, and service are received
by the State of by any political subdivision for the procurement of commodities or contractua I _
services, a bid received from a busines;s 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 ~ill be f~llowed i: hone of the tied vendors have a ({rug-free workplace p~ogram, '. .
..'.;...rL".,:...".:.i%......,..~.~fP,~'..,.. ..~.",. .,,' h;,.",. ,
As tt)e person' 'But"ho'dzed 'to- sifin~lhis "statetc~6'1"tt: 'I" cemfy' that this "fir:jJlJ:, compJJ.c.:;:,Jl.lll:/"If;lth,A..,1} eo ....
I . " "". .", ~- ....
. following requirements:' ., . . , .' . - .'""
1) This firm publishes a statement notifying employees that the unlawful manufacture,
dist~ibutjon, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will b~ taken a'9ainst employees for violations of'
such prohibition.
I 2) This firm informs employees about the dangers of drug abuse in the workp.lac;e, the
business's policy of maintaining a drug-free workplace, any available drug ,couns'eling,
rehabilitation, and employee assistance programs, and the penalties that may be Imposed
upon employees for drug abuse violations.
3) This firm gives each employee'engaged in providin.g the commodities or contractual services
th at are under bid .a copy of the statement specified in subsection (1),
4) .Iil the statement specifi.ed in. subsection (1), this firm ,notifies the employees that, as a
condition of working on the commodities or contraCtual serVices that are 'under bid, the
employee will abide. by the terms of the statement and will abide by the terms of th~e -
statement and will notify the employer bf any conviction of, or plea of guilty or nolo
contendere to, any violatioriof chapter 893 or of any controlled substance law of the United'
States or any state, for af'!6Iation occurring in the workplace no later than five (5) days after
such conviction. /
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5) This firm imposes a (sanction on or requires the satisfactory participation in a drug abuse
assistance or rehabil~ation program if such is available in the employee's community, by any
employee who is so convicted.
6) This firm will continue to make a good faith effb,rt to maintain drug-free workplace through
implementation of this section.
~ lmZ_ f~,tL~Crn8lt \ .----
(On :rn~.
. Contractor's Name ~~t.~
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CITY OF DELRAY BEACH
I BID #2002-37
I
SANITARY SEWER MANHOLE INTERIOR REHABILITATION ,'''
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ANNUAL CONTRACT
BID SPECIFICATIONS
PART 1: GENERAL
1.01 SUMMARY
A This specification shall govern alllaboc, materiais;'squipment and appliances necessary for sanitary
sewer manhot~ interior rehabilitation for ,the purpose of eliminating infiltration and inflow, providin 9
. '-~.. ...;, . .OGfr:os'jeR.p.rotectl.of.h".. r.epal[rAf..9r.a.R,~~. .C3lld \/9.id~~i'1d restocation of the struc::tural integrity. of th.~
manhole as. a result of the application of a monoIHh'ic"fiber-relnfo'ree'(:f'stti1ttUr.lTMructiJrc:;r~~1"entra~;ced
pure calcium aluminatecementitious liner to the wall/ceiling and bench surfaces of concrete, brick or
any other masonry construction material.
1.02 SUBMITTALS
A Submit manufacturer's material data and application and installation instructions for all products
used.
) B. Provide documentat\on that the proposed manhole rehabilitation process has a minimum 5 year
history for reconstruction of sanitary sewer manholes on projects of similar size and scope.
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1.03 QUALITY ASSURf\NCE
A. Use, mix, apply and cure all products in accordance with the manufacturer's recommendations and
instructions.
B. Provid.e recommended daily or per lot test specimens for compressive strength and other testing per
applicable ASTM standards.
PART 2: PRODUCTS
2.01 MATERIALS I
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A. Patching Mix:
1. A quick-setting, fiber-reinforced, calcium aluminate-based cementitious material for patching and
filling voids and qracks.
2. Material shall have the following minimum requirements
Compressive Strength ASTM C-109 6 hr 1,400 psi
Shrinkage ASTM C-596 00/0 at gO~/o R.H.
Bond ASTM C-321 28 day 150 psi
Cement Sulfate resistant
Density, when applied 105 + 5 pef
B. Infiltration Control Mix:
1. A rapid-setting cementitious product specificafly formulated for infiltration control.
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I 2. Materiaf shall have the fol/owing minimum requirements:
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Compressive Strength ASTN C-109 1 hr 600 psi ,. .
Compressive Strength" AS1M C-109 24 hr 1,000 psi . .
Bond AsiM C-321 1 hr 30 psi
Bond ASTM C-321 24 hr 80 psi
C. Grouting Mix:
1 , A rapid setting cementitous grout specifically formulated for stopping very active infiltration and
filling voids.
2. A rapid setting chemicat grout specifically formulated for stopping very active infiltration.
D. Liner Mix: .,-.,".
1. A fiber~reinforced pure-fused' calcium aluminate cement and calciur:n aluminate aggregate to be
A... .," '. . '''.,," ~wet.mJ~~d ,.aod}oY' P.tf!..&iW~, ~~~a.p-All~.d...t~form, th~ ~.t~~I~r~V~tru9tu',ra\.ly ~phanc.~c:1 mon?lithic
cementi.!Jous Imer covenng all Intenor manhole surfaces. . r..iJ'(er ri';-atenal."to"'''~se:r'':::a:-,~,ge- ^. .
SewperCoat PGot a pre-approved equal.
2. Material shall. be pre~rnixed and specially formul~ted to withstand .H2S (hydrogen sulfide)
bacterial corrosion and abrasion in sewer networks.
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3. Material shall have the following minimum requirements:
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) Compressive Strength ASTM C-109 6 hr 1,400 psi
Compressive Strength _ ASTMC-495 1 day> 8,000 psi
Compressive'Stfength ASTMC-495 7 day> 9,000 psi
Compressive Strength ASTMC-495 28 day> 9,000 psi
Flexural $treng.th ASTM C-293 12hr > 1,000 psi
Flexural Strength ASTM C-293 28 day> 1,400 psi
, Shrinkage ASTM C-596 o percent at 95% R,H.
E. Bonding Compound:
Material shall be a modified cementitious bonding compound that protects exposed reinforcement .
'steel and enhances bond of overlay to substrate. . ".
F. Water:
Water shall be clean and ~/table,
PART 3~ EXECUTION .I
3.01 MANHOLE PREPARATiON
:
A. Place covers over sewer inverts to prevent extraneous material from entering the sewer lines.
B. Remove foreign loose and unsound concrete and masonry material not able to be removed by high
pressure water spray may require the use of mason's or mechanical tools for removal.
C. Loose, unsound, and protruding concrete and masonry material not able to be removed by high
pressure water spray may require the use of mason's or mechanical tools for removal.
D Clean the interior surfaces of the manhole with hibhpressure (3,500 psi minimum) w?ter spr~YI
using detergent; muriatic acid, antibacterial agent or other chemicals to remove grease, oil and other
contaminants 'that would prevent good bond between the existing manhole interior surface and the
liner material.
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, i e. Active hydrostatic leaks (infiltration) shall be stopped using the rapid-setting specially formulate d
infiltration control mix. .<1
F. Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid-setting groutin g
mixes specially formulated for control of very active infiltration,
G. Clean and prepare exposed reinforcement steel, and apply and cure bonding compound in
accordance with the product manufacturer's instructions and recommendations.
H. Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance
with the product manufacturers instructions and recommendations.
\. Areas of manholes that are found to be structurally damaged and in need of repair beyond the scope
of this specification shall be brought to the attel/non of the Engineer. A suitable repair method shall
be developed for each area and submitted to the Engineer for review prior to commeTicing the repai r.
,;.J.:...... r.- .,. J. Prepal'8,c!ean ':and'l"epatr'rnan~0le..:benbh~.'af,1d inverts in the s.arn.!2JT\an.D~.c~.~'pn;3;S9riRe~L~~i'V~',.
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3,02 LINER APPLICATION, CURING AND TESTING
A. Prepare manhole surfaces, wet batch-mix liner material, low pressure spray apply liner mix to
manhole ceiling, wall and bench surfaces and allow liner t~ cure in accordance with the product
manufacturers instructions and recommendations.
B. Liner application shall be 0.5 inch minimum thickness. The application shall be completed with a
i minimum of two coats. The first coat shall be applied at a thickness adequate to cover the substrate
and be trowled to c.ompact the material into voids and set the bond. The second coat shall b.e
applied to ensure comp{ete coverage at the specified 0.5 inch minimum thickness.
C. Inverts shall be lined with patching mix, trawl applied in one coat to a 0.5 inch minimum thickness.
0, Prepare, label and submit recommended daily or per lot test specimens for testing.
3,03 CLEANING
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A. Clean manhole interiors and remove all construction-related materials, equipment and appliances
from the manholes prior to reinstatement of the manholes to service,
PART 4: MEASUREMENT AND PAYMENT
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4.01 MANHOLE INTERIOR UNINt
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A Measurement:
Measurement basis for payment for manhole interior lining shall be vertical feet of manhole interior
surface lined at 0.5 inch minimum thickness.
B, Payment:
Payment for manhole interior lining shall be the number of vertical feet of manhole interior surface
lined times the unit price bid per vertical foot of manhole interior lining,
C. Incidentals:
All Manhole preparation, liner application, curing and cleaning shall be considered incidental to the
unit price bid per vertical foot of manhole interior lining,
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1 '2 MANHOLE STRUCTURAL REPAIRS
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A. Measurement '.
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No measurement will be made for payment for manhole structural repairs.
B. Payment:
All costs for manhole structural repairs must be included in price per vertical feet of manhole lining.
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rt IV: Contract Information/Requirements:
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MINIMUM QUALIFICATIONS AND INSTALLER REQUIREMENTS
The installer shall have been engaged in the installation of Manhole and Lift Station System RehabWiation
Contracting Services for a minimum of Seven (7) Years and have rehabilitated a minimum of Four Thousand
(4000) sanitary sewer manholes and 50 lift stations, in the State of Florida, utilizing a system that offers pure
fused Calcium Aluminate,
The sele0ed contractor will be responsible for knowledge of and compliance with all relative local, state, and
federal co'des and regulations.
The installer must include in the bid a list of Twenty five (25) refere.nees, for which manhole, lift station, Dr wet
well rehabiHtation contracting services have been provided within the last Seven (7) years. At least Ten (10) of
these references must be current, having had installation~ within the previous Three (3) years. A contact
person and telephone number must be provided for each,
"'For ,all work performed ,under./(hi.s, Gontract, th~ successful Contractor shall provide a competent job-site
supervisor and any rfecessary assistants, all approved byl'he'Was'fe Water Departrilento1D~lray-t.~~i::Jch. " :-\12
job-site supervisor shall be present at all times while work is in progress. The job-site supervisor shall
represent the Contractor at all times while all directions given him shall be binding as per the contract
documents. The job-site supervisor shall have a minimum of Seven (7) years experience in the rehabilitation
of Sanitary Sewer Manholes, Lift Stations, and Wet Wells utilizing a ,product that consists of a pure fused
Calcium Aluminate Cementitious Liner, .
TERMS OF CONTRACT
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lis Contract will comf0ence an ~he date of award and be in effect for one (i) year.
CONTRACT RENEWAL
The City retains the right to renew this contract with the consent of the vendor, under the same terms and
conditions for four (4) additional one (1)year periods, renewable annually. Any price adjustments requested by
the Contractor will be based on the consumer-price.,index (CPI) and amendment to the agreement to be
processed and approved by the City Commission.
All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on
the annu'al change to the Consumer Price Index.,Southern States for the immediate twelve-month period
preceding the renewal of the Agreement. The value of this annual adjustment will ,be determined by the
OWner. If the City determines to refiew thIS AgreElment, it shall provide the Contractor written notice of such
renewal thirty (30) days period to thfl! termination of the contract term, then in effect.
TERMINATION /
Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City as pe r
the Technical Specifications, the City may terminate this Agreement immediately for cause; further the City
may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge
of non-performance.
METHOD OF AWARD
The general criteria that will be used for the evaluation of this bid is set forth in the general bidding
requirements along with the responses as stated on the bid propos"'!l pages. Award of this bid shall be made to
the most qualified, responsible bidder to whom the City (on ,basis of City's evaluation as hereinafter provided)
makes an award that is the most advantageous to the City. The City's evaluation of the bid shall take into
consideration the cost (total, unit price, or combination of both), City prior experience with bidder, demonstrated
expertise of bidder, references of bidder, qualifications of bidder, and ability of bidder to complete the project in
a timefy manner.
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I PART V - MEASUREMENT AND PAYMENT
, "~
SCOPE
A. Payments to the Contractor shall be made on the basis of unit prices in the Proposal Bid Form as full
and complete payment for furnishing all materials, labor, t061s arid equipment, and for performing .all
operations necessary to .complete the rehabilitation work of sewer manholes, ~ift stations, and wet wells
by various trenchless methods as authorized by the City. The City will establi'sh an annual reneWable
contract for these services 'vVith the successful bidders as described In the Bid Specifications pages 17
throligh 24,
The unit prices stated in the Proposal Bid Form include' all costs and expenses for taxes, labor, -
equipmen~ materials, commissions, transportatiol1..pt1~rges and expenses, patent fees and'royalties.
labor for handling materials during inspection, together with any and all other costs and expenses for
performing and completing the work as. shown on the details and' specified herein. The Basis of
,. ., .iPayme.ci.fA-or:t?n'.ilem.aUhe~p.r.i.e,~..$I}o~p,:i~. the.Proposal.Bio Form shall be.,ln accordance, with its
description o(the item in this Section and"'as relatee to the Vlbrk'sp-eetfted;'.l:Jn-(~ prices; w.f~ .b(.o;,;.,~:~,~.:~k~
. the actual quantities furnished and installed in conformance,with the Contract DOl?uments.
B, The Contractor's attention, is called to the fact that the quotations for the various .items of work are
intended to establish a total price for completing the work in its entire-tyro Should the ContraCtor feel that
the cost for any item of work has not been established in the Proposal Bid Form or this Section, the
. . .
cost for that work shall be 'included in some other applicable Bid item, so that the Proposal for the
project'reflects the total price for completing the work in its entirety? ,
j
No separate paymenLwill be made for the following work if required and' its cost shall be included'in
appropriate payment items:
. Applications and pulling of all utility and construction permits;
. Dewatering and disposal of surplus water;
. Structural repairs;
. Cleanup;
· Testing m.aterials and apparatus; "
· . Maintenance'of utllitY service;
. Appurtenant work;
. Inspection Pooto Records
. Maintenance of liraffic.
/
The following paragraphs >yill clarify the work included for the items listed in the Proposal Bid Form.
MEASUREMENT I
,
. The' quantities for pa~ment under this Contract for each Work Order authorized shall be full
compensation determined by actual measurement of the completed items, in place, ready for service
and accepted by the City unless otherwise specified. The City will witness all field measurements.
When depths are indicated in the bid items, they shall be measured vertiCally from the existing grade,
paved or unpaved, to the pipe invert.
It is intended that all work reqUired to complete this Work will tie included in the various bid items as
described in the following paragraphs.
\
1. ADD MOBILlZAT10N/DEMOBILlZATION
The mobilization/demobilization cost is applied if a work order has less than 10 sewer
manholes or less than 750 square feet (SF) of-wall to be rehabilftated for the work order, this
cost item shall be included for payment to the Contractor for the additional
mobilization/demobilization costs which becomes significant with the smaller project 'j,::lrk
orders of less than 10 sewer manholes or less than 750 square feet (8F\ of wail tr:
! rehabilitated.
.
2, CEMENTITIOUS LINING MANHOLE, BRICK, OR PRECAST REHABILITATION
This item of work will be measured and paid for at the unit price per vertical foot of 48-inch or
50-inch diameter of manhole wall named in the Proposal Bid Form. Measurement will be
made from the bench, at its highest point, to the upper limit of actually treated wall, cone 0,
chimney. Payment of the unit price per vertical foot will provide complete compensation for
cleaning of the wall by both pressurized water and sand or soda blasting; relief of hydrostatic
pressure outside the manhole, if necessary; injecting chemical grout to stop active leaks into
the manhole, if necessary; furnishing and supplying of all materials or combination of materials
making up the patching and coating (waterproofing) and applying or installing them;
manufacturers representative's presence or assistance, if required; isolation of the manhole by
plugging entering lines; testing; safety egl,!ip.ment; and all incidentals necessary to .obtain a
watertight, sealed manhole wall and bench, 'complete in place,
Payment for bypass pumping, if required (other than because of damage caused by
, ~. ':;"Contpifc!:or);will'be'paid'for-ui'i'der:8 ser:iarate item. ~ " ......-. "- . << .
CEMENTITIOUSLlNING OF LIFT STATIONM/ET WELL SURFACES
This Item of work will be measured and paid at the unit price per square foot of wall in a lift
station or wet well. Measurement will be made 0 the actual surface area repaired. Payment of
the .unit price per square foot will pr.ovide compensation for cleaning of the wall by both
pressuriz.ed water and sand or soda media blasting methods; relief of hydrostatic pressure.
outside the structure if necessary; injecting' chemical grout to stop active infiltration, if
necessary; cleaning; surface preparation as specified herein; furnishing and supplying of all
materials or combination of materials, in~luding liner manufacturer's representative's presence
or assistance, ,if ,required; isolation of the lift station or wet well by plugging entering lines;
testing; safety equipment for personnel; labor, tools and equipment; and all incidentals
necessary to obtain a watertight, sealed wall and bench complete in place.
Payment for bypass pumping, if required (other than because of damage caused by the
Contractor); will be paid for under a separate item,
3. BYPASS PUMPING OF SEWERS
a, BYPASS PUMP AND PIPING SETUP
These pay items provide complete compensatiOn for bypass pumping operations required
for sewer manhole, lift station and wet well rehabilitation. The Contractor shall attempt to
perform the rehabilitation sewer work without bypass pumping. . However, if in t)le opinion
?f th~ City bYP~S pumping is necessary, it will,be identified as ~ payme.nt item: The. ~ay
Item IS a one-. me charge for all bypass pumping setup operations dunng a given lining
installation, ii1c1uding services, regardless of the number of pumps required, Bypass
pumping shall be bid on the basis of sewer size which is bypassed.
These items shall include, but are not limited to: all necessary and required traffic control;
pumps; piping; gasoline/diesel fuel; maintenance; transportation and storage; temporary
bypass and service piping; labor; materials and/or any other costs associated with bypass
pumping.
P lugging or blocking a sewer line shall be included in the appropriate bid item for which the
flow must be stopped, this is considered incidental work and no additional payment shall
be considered.
b, BYPASS PUMP
These items shall be paid for on a per day basis for operalion of tne bypass pumps,
Bypass pump operation shall be bid on the basis of the size of the pump used, These
items shall include fuel operating costs.
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\'. ADJUSTING EXISTiNG MANHOLE CASTINGS
I 4.
These pay items provide complete compensation for furnishing all necessary labor, equipment
and material to adjust existing r;,nanholes to match existing elevations. .~
5. FURNISH NEW MANHOLE F<ING AND COVER
This pay item provides complete compensation for furnishing new manhole ring and covers as
specified bY-the C!.ty to be installed under pay ltem 4. .
6. RECONSTRUCT BENCH AND fLOW CHANNEL
This item provides complete compensation for, all necessary labor, equipment and material
required to re-construct acomplet~ bench and flow channel, as required per the City's
mInimum standardS. .
7. INSTALLATION OF CHIMNEY SEALS -""".
This pay item provides complete c'ompensation for fumishing all labor, equipment and material
required to ,install tDanhole chimney seals.
..:,.,";. ..: ..,.,....-......~ '"'R' tt'A:"ptT.'P" .' " ..:,'"',........... . ....
8. E-INS Ll M BASES . .. ". ' .. ':'<"., .', _"', _.n ..... '-i . - :l'. ,,'.
These pay items will include ,complete compensation for furnishing all necessary labor,
equipment and material requireo to re-anchor existing pump bases, where, under the opinion
of the owner's representative, Is required.
9. INSTALLATION OF INTERIOR PVC DROPS "
\
These pay items provide complete compensation for furnishing all labor, equipm.ent and
material requi.red to install'intl~rior .PVC drop piping. I
) 10, REMOVAL OF.EXISTING COATINGS ,
This item pro'vjd~s complete compensation for furnishing all necessary labor; equipment and
materials necessary to remove any existing caatings that may exist in full or any portion of an
existing structure. . .
11. REMOVE AND REPLACE EXISTING PIPING AND VALVES
This item provides complete compensation for furnishing all necessary labor, equipment .and
materials necessary to remove and replace all existing piping, check valves, plug valves Elnd
all miscellaneous matl3riai required for this installation. This work will start at existing pump
bases and will terminate prior to where discharge piping exits existing valve vault. All work
shall comply with City of Delray Beach minimum standards. '. . . .
/
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i
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MANHOLE/LIFT STATION REHABILITATION
i BY CEMENTlTlOUS LINING
! SCHEDULE OF PRICING
B!D FORM .
ITEM
1, ) Mobilization/D emo bilization
a, Mobilization/Demobilization if less than ~&Ol~
10 manholes or less than 750 SF per job work order each
v' 8~o' tZ:>
2.) . Cementitious lining of Brick Manhole - 48" Diameter per vertical foot
, '0
3.) Ceme.ntitious lining of Pre-cast Manhole - 48" Diameter lID' per vertical foot
4.) Cementitious ling <;>f Brick Manhole - 60" Diameter 3q3.~ per vertical foot
.:.:: . .... 1\... ....., . ~... . .' . ~lo 1, !:'.Z)., per v~,1'.."'"':";-,,-,;
5.) Cementitious 1ining of Pre -cast Manhole - 60" Diarrietei"
.,.J, ,....... ~J '
Lift Station Surface Rehabilitation by Cementitious Lining i~, t;t)
6.) per square foot
7.) Sewer By-Pass
By-Pass Pump Setup with Bypass Pumping
r;b
a. Bypass 8" Sewer Setup ~ron each
2ceo. en
i b. Bypass 10' to ~ 2" ~~wer Setup each
r [5 (XX) . eX)
c. Bypass 15" to 18" Sewer Setup each
ct>
d. Bypass 24" Sewer Setup 7DOO . each
lZl
e. Bypass 4" Pump ISo' per day
8cv, a
f. Bypass 6" Pump per day
8~D' 'CO
g. Bypass 8" Pump per day
.sOD' CO
h. Bypass 10" Pump per day
I f{OO' ~
8.) Adjust Existing Manhole Cast'ing within Asphalt Pavement each
/ q)
i bDO'
9. ) Adjust Existing Manhole Casting within Green Area each
!SOD' ~
10. ) FUf!1ish New Ring and Gover each
SCO' t?;;
". 11. ) Re-Gonstruct Manhole Bench and Flow Channel each
12. ) Furnish and Install Manhole Chimney Seal !!:fXJ,tl) each
.on.
13.) Re-Install Existing Pump base 4" 5Do,lA.) each
5~o' a
6" each
~" (.050' fb
each
--
J.:o !:b
~ 4.) Furnish and Install 6" PVC Interior Drop 2' to 4' ' 0',' each
~( .5 riJ i CO
4' to 6' each
(ow I CXJ ;- '
6' to 8' each
15.) Furnish and Install 8" PVC InteriorDrop 2' to 4' 400 .c~{J each
4' to 6' (POD ,(;6 each
6' to 8' '7 t:JJ. tb each
'/JD
16.) Re-construct Lift Station Fillet 6' Diameter IDCb' each
(~bO' ~ -
8' Diameter, eacl:t
-~,,,,~ C5b
'/ 1.300'
10' Diameter . each
/ ' CSb ' '
" - ,1' ' , fi .. . ' '], , per'::l" ~'" fr: t
17.) Removal of e<is mg Coating ...... ,-.." '", '" 'J'o'... ::-' ,\!..~r.\. ...:r~:tr., _.' .
18.) Remove and Replace EXisting Piping and , OJ
Valves, within Existing Submersible Lift I '-f. fXX)' each
Station through Existing Valve Vault - 4"
" ~
\ ,IlL) I OCX> each
6"
0:>
8" 1<6 , OCD, each
,
)
. ,
.....
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26 '.
~D SIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
BID #: 2002-37 Openinq Date: Tuesdav, Auqust 27, 2002
BID TITLE: Sanitary Sewer Manhole Interior Rehabilitation
COMPANYNAMFf:CM? ~ ~:k~.~.Q;" ~~ ", . pATE:,_,~-?"U7-s>2
, ~.,", " .,.:.--
NAME/TITLE: be ~ G.A::rYOI o~~. /~-e~dert
ADDRESS: ,'?./3ffD :1~r-{~J\e. ~eJY\~ (2ofTd" ILo -
: STATE ~It\.
.JITY tJ )eJ \\ 0r#lJ"' , ZfPCODE :s3'+/ Lf
FEDERAL TAX I.D. #: (oS - O()LD~lo;3;4--
TELEPHONE: ( $(0 I ) 333- ~lo9
FA CSIMILE (. 3~~-{}1'bO
,--
*SIGNA TURE
f\\Di ~?i\~\
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME: G PIe. ~ ~Ul::JlLOlC)d ~
TELEPHONE: ( ~lol ) ~~3-~IOCj
-,.
, STATEMENT OF NO BID
~
J
Bid # 2002-37 Sanitary Sewer ManhoJe Interior Rehabilitation ;;
,
If you are not bidding on this service/commodity, please complete nndreturn this form to:
City of DeIray Beach Purchasing Office, 100 NVV 1st Aven ue, Delray Beach, FL 33444 or fax to (~61)
243-71'66.
Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City
of Del ray ;Beach.
COMPANY NAME: -- "
, ..,.6.PPl3-F:~~:__. . , 1"' ~~') .. .
~ or ,\ -.It.,.
-, ... ,....,. ~,,-':"". ...... r '.. -'
/ ' ' .~ l'
TELEPHONE: ( )
SIGNATURE:
DATE:
Minority Owned Business: I
) , ) Black () Hispanic ( .) Woman ( ) Other
," . (Specify)
I
We, the undersigned have declined tobid on your Bid # 2002-37
For: Sanitary Sewer Manhole Interior Rehabilitation
_Specifications too "tight", i.e: _Our product schedule wouLd not permit
geare'd toward brand or manufacturer, tiS to p~rform "-
only (explain ~elow)
--,-Unable to lTleet specifications
~ Insufficient time to respond Unable'to meet bond requirements
to the Invitation to Bid i
I
/
I
_We do not offer this .product _Specifications unclear (explain below)
or an equivalent /
_Other (specify below)
REMARKS:
\
28 '.
V I.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.1
AGENDA ITEM REQUEST FOR~
Requested City Commis~n Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16, 2008 December 1,2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
[gI February 3, 2009 January 19,2009 (Noon) o April 7,2009 March 16, 2009 (Noon)
!
(::) (It, ~
0 Announcements/Presentations 0 City Manager's Report \D ::;~
c.... -4:
NA TURE OF 0 Administrative 0 New Business ~ ,,""
AGENDA ITEM - C.a
[gI Consent Agenda 0 Legal N .,.~
,....~
o Code Compliance & Legal Settlements 0 Unfinished Business -0 ui<:
o 0 :x Cl)".S:
Pub];cHeadng &" "
RECOMMENDATION: Approve and execute, via a resolution, the Interlocal Agreement (ILA) t;w ,.... ::',
Palm Beach County and the City to continue the lease and to operate four (4) transit coaches. A U.S.
Department of Transportation Federal Transit Administration Grant provided the funding used by the
County to procure these vehicles. The Agreement will allow the City to operate the transit coaches for
an additional four (4) year period that will expire on January 1, 2013. In the event that the
Transportation Program is discontinued by the City, we may decide to terminate the agreement at any
time by giving the County at least sixty (60) days notice.
EXPLANATION: This will renew the existing ILA with the County, which enables the City to lease and
operate four (4) transit coaches. The coaches are used to support the Shopper Hopper transportation
service offered through the Transportation Division of the Recreation & Parks Department. The coaches
also provide vital support to our residents who visit and use the Senior Center.
PROGRAM IMP ACT: The transit coaches allow for the continuation of the service that provides essential
transportation services to residents. This includes transportation to local points of interests, including
various City facilities and local shopping centers
FISCAL IMP ACT: $10/annuallease.
AL TERNA TIVES: Do not renew the ILA and return the transit coaches.
/;;' ~ City Manager's Signature
epartmeiit Head's Sign' e
AS~ to City ~anager Cln0
Recreation & Parks -x-
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
.., RESOLUTION NO. R09-
-
-'
4 A RESOLUTION OF THE CITY COMMISSION 0]<"
:\ THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE MAYOR
'"' AND CITY CLERK TO EXECUTE AN
I
8 INTERLOCAL AGREEMENT BETWEEN THE CITY
9 OF BOYNTON BEACH AND PALM BEACH
10 COUNTY, FLORIDA, PROVIDING FOR THE
11 LEASE OF FOUR (4) TRANSIT COACHES FOR A
12 FOUR (4) YEAR PERIOD; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15
16 WHEREAS, on February 6, :200], the parties entered into an Interlocal
17 Agreement under which the County leased to the City five (5) transit coaches purchased
18 through a United States Department of Transportation Federal Transit Administration
!
19 grant; and
20 WHEREAS, the City returned one of the previously leased coaches to the County
21 for disposal; and
'1'1 WHEREAS, the County is willing to continue to lease the existing four (4)
'1" I coaches currently used by the City. which the City has agreed to operate on a continuous
--'
24 basis during the term of this Agreement and to use the coaches only to provide public
25 transportation: and
26 WHEREAS, the City Commission of the City of Boynton Beach. Florida. upon
27 recommendation of staff, has deemed it to be in the best interests of the citizens and
28 residents of the City of Boynton Beach to enter into an lnterlocal Agreement between the
29 City of Boynton Beach and Palm Beach County, Florida, said Agreement being attached
30 hereto as Exhibit "A".
3 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
"'1 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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, , I
i i
, I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
I i I
2 as being true and correct and are hereby made a specific part of this Resolution upon
3 adoption hereof.
4 Section 2. The Mayor and City Clerk are hereby authorized to execute an
5 lnterlocal Agreement between the City of Boynton Beach and Palm Beach County for the
6 City to lease four (4) transit coaches at the annual lease fee of Ten ($10.00) dollars per
7 year, for a four (4) year period that will expire on January 1, 2013. Said lnterlocal
8 Agreement being attached hereto as Exhibit "A".
9 Section 3. That this Resolution shall become effective immediately upon
10 passage.
II PASSED AND ADOPTED this _ day of February, 2009.
12
13 CITY OF BOYNTON BEACH, FLORIDA
14
15
16 Mayor - Jerry Taylor
17
18
19 Vice Mayor - Jose Rodriguez
20
21
22 Commissioner - Ronald Weiland
23
24
25 Commissioner - Woodrow L. Hay
26
27
28 Commissioner - Marlene Ross
29 ATTEST:
30
31
32 anet M. Prainito, CMC
33 ity Clerk
34
35
36 Corporate Seal)
37
38 :\CA\RESO\Agreements-Interlocals.PBC Transit Coach 2009.doc
INTERLOCAL AGREEMENT
BETWEEN
PALM BEACH COUNTY, FLORIDA
AND
THE CITY OF BOYNTON BEACH
THIS INTERLOCAL AGREEMENT is made and entered into this _ day of
, 2008, by and between Palm Beach County, Florida, a political subdivision of
the State of Florida, by and through its Board of County Commissioners (referred to
hereinafter as "County") and the City of Boynton Beach, a Florida municipal corporation, by
and through its City Commission (referred to hereinafter as "City").
WHEREAS, on February 6, 2001, the parties entered into that certain Interlocal
Agreement under which the County leased to the City five (5) transit coaches purchased by
County through a United States Department of Transportation Federal Transit
Administration grant; and
WHEREAS, the City of Boynton Beach has returned one (1) of the previously leased
coaches to the County for disposal; and
WHEREAS, the City desires to enter into a new Interlocal Agreement (also referred
to herein as "Agreement") to continue the lease and to operate the remaining four (4)
coaches for an additional four (4) year period; and
WHEREAS, the County is willing to continue to lease the existing four (4) coaches
currently used by City; provided, that, the City operate, maintain and use the coaches in
accordance with the terms and conditions of this Agreement, the rules and regulations of
the Federal Transit Administration and the U. S. Department of Transportation Federal
Transit Administration Grant which provided the funds used by the County to procure the
vehicles; and
WHEREAS, the City has agreed to operate the four (4) vehicles on a continuous
basis during the term of this Agreement, and to use the coaches only to provide public
transportation services.
NOW, THEREFORE, in consideration of the foregoing and the other mutual
promises and covenants contained herein, the parties agree as follows:
Section 1. Incorporation of Facts: The facts set forth above in the preamble to
this Agreement are true and correct.
Section 2. Purpose: The purpose of this Agreement is to set forth the various
duties, rights, obligations and conditions of the agreement between the parties regarding
the lease, operation, maintenance and use of four (4) County-owned transit coaches.
Section 3. Representative: The County's representative during the performance of
this Agreement shall be the Executive Director of Palm Tran whose telephone number is
(561) 841-4200. The City's representative during the performance of this Agreement shall
be the City Manager, whose telephone number is (561) 742-6010.
Section 4. The Project: The County is the recipient of a grant, described in
Section 5 below (referred to herein as "Grant" or "Grant Agreement"), authorized under the
Federal Transit Act, as amended. The transit coaches leased hereunder are a part of the
"rolling stock" identified in the Grant application. The acquisition of the rolling stock was
funded, in part, through the Grant (No. FL-90-X386 Revised) described in this Agreement.
The use of the transit coaches leased hereunder is also referred to as the "Federal Project"
or "Project."
Section 5. Receipt of Grant Agreement: The City acknowledges receipt of a copy
of the United States of America Department of Transportation Federal Transit
Administration Grant Agreement FT A G-15, October 1, 2008 incorporating the terms of the
Federal Transit Administration Master Agreement (FTA MA (15), October 1, 2008). City
further acknowledges its receipt of all other award notifications from the FT A and/or the
United States Department of Labor (DOL) containing special conditions or requirements
applicable to the procurement, ownership, use, operation and maintenance of the vehicles.
City acknowledges that it shall fulfill the obligations of the County, the FT A grant recipient,
under the Grant as City's activities relate to the use, maintenance, operation or possession
of the transit coaches. City shall act in conformity with the requirements of the Grant, and
shall not take any act or fail to take any act which would cause the County to be in breach
of any of County's obligations under the Grant.
Section 6. Lease: County will continue to lease to City four (4) twenty-five foot (25')
EI Dorado transit coaches procured by County for the purposes described in this
Agreement for an additional four (4) year period. Said four (4) vehicles have been identified
by the parties, accepted by the City, and described on the form attached as Exhibit A to this
Interlocal Agreement. City will pay to County an annual lease fee of Ten Dollars ($10.00)
for all leased vehicles. The first payment shall be due immediately after the parties'
execution of this Agreement. Thereafter, all payments shall be due and payable to County
on or before the first day of each year of the remainder of the lease term. City will remit to
County over the term of the lease a total lease fee in the amount of Forty Dollars ($40.00).
Section 7. Use and Operation of Transit Coaches: The coaches shall be used
and operated solely for the benefit of the general public, and to provide public
transportation to the general public, on a non-exclusive basis. The vehicles shall be used
solely for fixed-route or other specialized transit service approved by County. None of the
transit coaches may be chartered or used in any type or form of charter service but may be
used for incidental transportation services for the City of Boynton Beach; provided, that,
such use does not interfere with the service approved by the County and is in compliance
with the rules and regulations of the Federal Transit Administration, State and Federal laws
and the Grant. The City shall operate and use the transit coaches by providing services on
certain Boynton Beach routes approved by the County's representative, as part of the
County's public transit system. The vehicles may be used for other public transit services
only if the City has obtained the prior written approval of the County's representative. The
coaches shall be operated within the City's geographic limits or such other areas, approved
by the County, so long as such areas are not outside of the County's geographIc
boundaries. The City shall advise the County's representative of any proposed alterations
to the transit services, for which the transit coaches are utilized, including but not limited tee
routing, mode(s) of operation, hours of service or headways. Alterations in service shall be
approved by the County's representative prior to implementation, in accordance with the
County's policy regarding changes to services. If a public hearing is required to implement
a service alteration or change in fare, then such can be implemented only after the Palm
Tran Service Board or County's Board of County Commissioners (BCC), as appropriate
has concluded its public hearing process and approved the change.
Section 8. Title, Risk of Loss and Registration of Vehicles: Title to the transit
coaches is vested in the County and shall remain vested in County during the term of this
Agreement. County holds the title to the transit coaches in accordance with and subject to
all conditions and requirements of the Grant. City agrees to use, operate and maintain the
transit coaches in accordance with the terms, conditions and requirements of the Grant
this Agreement, and all other FTA requirements applicable to their use. City shall bear all
risk of loss or damage to the transit coaches during the term of this Agreement, and upon
the Agreement's expiration or earlier termination, City shall continue to bear such risk until
the coaches have been returned to and accepted by County. County will register the motor
vehicles leased hereunder and will maintain such registrations during the term of this
Agreement. Each motor vehicle license plate will show that the holder of the registration
and license is the County. City shall conduct, at its sole expense, any inspections or tests
required for the renewal of any leased vehicle's motor vehicle registration. Notwithstanding
the County's obligations hereunder, no liability will accrue to County if County shall fail to
renew any registration in a timely manner.
Section 9. Encumbrances:
A. City shall provide and promptly pay for all labor, materials and equipment
necessary for the provision of the general public transportation services
described in Section 7. of this Agreement. City shall not grant any security
interest in the transit coaches to any person, transfer its interest in this lease
of the coaches, in whole or in part, to any other entity, nor shall it permit any
lien, claim, or other encumbrance to be filed against the transit coaches or
action to be taken against the County on account of any labor, service, good,
material, or equipment furnished or installed upon any transit coach leased
hereunder.
B. City shall not transfer, assign or sublease the vehicles nor allow any other
entity to use or operate the vehicles, without first obtaining the written
consent of the County. Moreover, County shall be made an intended third
~3
party beneficiary to any sublease, assignment, use agreement, or other
arrangement which grants or endeavor to grants, to any third party, a right to
use, operate, occupy, possess or enjoy the transit coaches. If City shall
enter into any type of arrangement with a third party, such arrangement shall
provide that the County has the right to compel the City to enforce any of the
City's rights under such arrangement, and the right to initiate any action, at
law or in equity, directly against any sublessee, subcontractor, assignee, or
any other party with an interest derived from or through the City's interests
hereunder.
C. In addition, City shall require any sublessee, assignee, user, operator,
and any other party to whom it gives permission to use, operate, occupy,
possess, or enjoy the transit coaches to subrogate any rights or interest they
may have in the transit coaches to the rights and interests of the County. No
third party shall acquire any rights in the vehicles which exceed those granted
to the City hereunder. The City represents and warrants to the County that it
shall furnish a copy of this Agreement and the Grant Agreement to any third
party to whom it conveys, attempts to conveyor grants any interest in or right
to use, operate, occupy, possess or enjoy the transit coaches.
D. City shall be responsible for and shall reimburse County for any and all
costs and expenses incurred by County relating, in any fashion, to the
enforcement of this provision. City shall not take any action which would
adversely affect County's interest in the transit coaches or make the County
liable to any other entity or third party.
Section 10. Repairs and Maintenance: The City is solely responsible for all
service, repairs and maintenance of the transit coaches and all equipment located thereon.
City shall maintain the transit coaches and equipment in accordance with the
manufacturer's mechanical operating and maintenance standards, and State and Federal
safety laws and regulations. All maintenance shall be performed in accordance with the
manufacturer's suggested maintenance schedule by appropriately certified or accredited
mechanics, at City's sole expense. Only parts (including tires) and equipment meeting the
manufacturer's specifications shall be installed on the transit coaches. City shall insure that
the transit coaches, and all transit stops, shelters and bus benches utilized by the coaches
and/or authorized or permitted by City are fully accessible to the disabled, and that all are
used, operated, equipped and maintained in conformance with the Americans with
Disability Act of 1990, as it may be amended from time to time, and all federal rules and
regulations implementing the Act.
Section 11. Operators: Each transit coach shall be operated only by safe, careful
and legally qualified drivers having a proper license. All drivers will have and maintain a
commercial driver's license and any other license or certification required by any law, rule
or regulation relating, in any manner, to the operation of the transit coaches. City shall
develop and implement a drug and alcohol testing program that is fully compliant with 49
4
C.F.R. Parts, 40 and 655, as they may be amended from time to time, and all other rules
regulations, and policies of the U.S. Department of Transportation, Federal Transit
Administration. All drivers shall be selected, employed, controlled and paid by the City, ane]
conclusively presumed to be the employees of the City. The parties agree that no liabilih
shall inure to County as a result of any act or omission of City or its drivers.
Section 12. Base Fare: The City may establish a base fare for the service provided
hereunder upon notice of such to the County. The City agrees that the elderly and the
disabled will be permitted to board and ride the transit coaches at a rate of one-half the
effective base fare. Any police officer wearing his/her uniform will be permitted to ride free
Children who met the age guidelines established by the County, as they may be amended
from time to time, will be permitted to ride free. City shall not increase its base fare unless
the increase has been approved by the County and a public hearing held as provided in
Section 7 of this Agreement.
Section 13. Routes: The coaches leased hereunder will be utilized to provide
specialized fixed route transit services approved by the County. One coach will be used as
a spare or back-up vehicle.
Section 14. Right of Continuing Control: City acknowledges and understands
that the County, as a recipient of the Grant, has a continuing obligation to the FTA to
maintain, use and control the transit coaches. Accordingly, if at any time, the County shall
determine, in its sole discretion, that the use of the coaches is not in accordance with the
terms and conditions of this Agreement or the Grant Agreement, that the use does not
comply with any state, federal, County, or municipal law, regulation or rule, that the use
does not constitute a valid public purpose, or that the vehicles should be placed into service
elsewhere in the County's public transit system, the City shall, upon the request of County,
discontinue its use (including any use being made by a subcontractor, sublessee, assignee,
and any other party with a right to operate, use, enjoy, or possess one or more vehicles),
and immediately return the coaches to County, at a location so designated by County. No
liability shall inure to County as a result of any such determination by it and/or the early
termination of this Agreement.
Section 15. Notice of Accidents, Injuries and Suits:
A. In the event any of the transit coaches furnished hereunder are involved,
directly or indirectly, in an accident or any passenger or waiting passenger
sustains an injury to property or person, including death, the City agrees to
immediately notify its insurer and County of such accident or injury. Upon the
request of County, the City will provide all information relative to the accident
or injury, including but not limited to the date, time, place, and circumstances,
the names and addresses of the people involved, the owners of property
damaged, description and value of property damaged, and the name and
address of the driver and any witness,
'-.
..'
B. City shall promptly notify and deliver to County, copies of any and all
papers, notices, summonses, processes and any other document
whatsoever, served upon or delivered to it or its agents or employees in
connection with any claim, suit, action or proceeding at law or in equity
commenced or threatened against City and/or County arising out of or related
to the ownership, maintenance, use or operation of any transit coach.
C. The City agrees to fully cooperate with the County or Palm Tran in any
investigation either may conduct, the defense of any claim or suit in which the
County or Palm Tran is named, and shall do nothing to impair or invalidate
any applicable insurance coverage.
Section 16. Standard of Care: The City shall cause the transit coaches to be
operated with reasonable care and precaution to prevent loss and damage because of
negligent or reckless use, abuse, fire, theft, collision, or injury to persons or property.
Section 17. Compliance with Rules, Regulations, etc.: The City and its drivers
shall comply with all regulations now or hereafter implemented, promulgated or adopted by
the County, U.S. Department of Transportation Federal Transit Administration, Florida
Department of Transportation, and any other governmental entity regulating the use,
maintenance and operation of the transit coaches and/or their operators. The City shall
have in effect during the term of this Agreement, a System Safety Plan which shall be fully
compliant with Florida law and shall be implemented in accordance with the rules and
regulations of the Florida Department of Transportation. The transit coaches shall not be
used in violation of any federal, state, county or municipal statute, law, ordinance, rule or
regulation applicable to their operation.
Section 18. Americans with Disabilities Act: City shall insure that the vehicles
(including all transit stops, shelters and/or benches utilized by the coaches and/or
authorized or permitted by City) are accessible to the disabled, and that they are operated,
equipped, and maintained in conformance with the Americans with Disabilities Act of 1990
(ADA), as it may be amended from time to time, and all federal rules and regulations
implementing the Act. City shall indemnify and hold harmless, to the fullest extent of the
law, County from any and all liability which mayor shall inure to County, as a result of
County's ownership of the vehicles or the City's use, operation, or maintenance of the
transit coaches, including County's role as the public entity operating a fixed route system,
or as a result of any failure on the part of the City, its officers, employees, servants, agents,
contractors or any other party acting on behalf of or under the authority of the City, to
comply with the ADA, its implementing rules and regulations or this Agreement.
Section 19. Inspections: The City agrees that the transit coaches and the areas
where they are operated, kept, or maintained, and all parts' inventories, insurance policies,
maintenance and complaint records or logs, and all other records, shall be available for
inspection by the County or Palm Tran at any time during normal business hours. City shall
also make the transit coaches available to County or its contractors, for the installation of
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any equipment deemed necessary for public transportation services by County, or upon
County's request, City shall install, at its sole cost and expense, any transit related
equipment provided to City by County. City shall also make the coaches available, on at
least an annual basis, for inspection by the Florida Department of Transportation and shal
take all necessary acts to facilitate their inspection and to obtain a satisfactory result
Notwithstanding the foregoing, the City is solely responsible for the operation anel
maintenance of the transit coaches and all equipment located thereon. City acknowledges
that County has no obligation to furnish or install any transit-related equipment. Rather
such duty or obligation is vested solely with the City during the lease term. Nothing
contained in this Agreement shall be construed to relieve the City of its obligations under
this Agreement.
Section 20. Condition of Vehicles: The City will, at all times and at its sole
expense, keep the transit coaches in good working order, condition and repair, and shall
upon expiration of this Agreement, or its earlier termination, deliver the transit coaches and
all transit-related equipment to County, in the same condition as received, less reasonable
wear and tear, and free from collision and damage. This obligation shall include the
removal and replacement of any paint not compatible with County's color scheme for its
transit vehicles. All costs to restore and return the coaches to County shall be borne solely
by City. County shall have the right to inspect the coaches prior to their return. If County
shall refuse, in its sole discretion, to accept the condition of the vehicles, City shall
immediately, at its sole cost and expense, undertake and remedy all deficiencies noted by
County.
Section 21. Disclaimer of Warranty: It is understood between the parties that the
County is not the manufacturer of the transit coaches or equipment associated therewith,
nor the agent of the manufacturer, and that no warranty against patent or latent defects in
material, workmanship, or capacity is given. The County does not warrant the transit
coaches and equipment furnished hereunder as being fit for a particular purpose, No oral
or written advice from County or any of its officers or employees whether given before or
after delivery of the vehicles shall create a warranty, and City is not entitled to rely on any
such advice or information.
NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE GIVEN, ALL
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. COUNTY SHALL
NOT BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT OR INDIRECT
DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS,
SAVINGS OR OTHER CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL
DAMAGES ARISING OUT OF THIS AGREEMENT. COUNTY SHALL NOT
BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING WITHOUT
LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, BASED
UPON A CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
MISREPRESENTATION, STRICT LIABILITY OR BREACH OF WARRANTY.
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Section 22. Hold Harmless and Indemnification: To the extent permitted by law,
the City agrees to protect, defend, reimburse, save, indemnify and hold the County, Palm
Tran, Inc., their successors or assigns, and their respective directors, officers, employees,
servants and agents, free and harmless at all times from and against any and all suits,
actions, damages, liabilities, interest, attorneys' fees, costs and expenses of whatsoever
kind or nature arising out of City's use, possession, operation or maintenance of the transit
coaches, and whether directly or indirectly caused, occasioned or contributed to, in whole
or in part, by reason of any act, omission, fault or negligence whether active or passive, of
City or anyone under its direction or control, or on its behalf. City's hold harmless and
indemnity obligations shall apply to the fullest extent permitted by law, but shall not apply to
liability caused solely by the negligence or willful misconduct of the County. City's
obligations hereunder shall include and encompass any liability which may inure or accrue
to County under the Florida Dangerous Instrumentality Doctrine as a result of County's
retention of title to the leased vehicles.
Section 23. 13(c)Responsibility: City further agrees that it shall be responsible for
any and all costs and expenses, including but not limited to employee benefits, salaries,
attorneys' fees and costs, which either party may be responsible for under the Labor
Agreement Between Florida Transit Management, Inc., and its assignees and the
Amalgamated Transit Union Local Division 1267 dated July 29, 1975 (commonly known as
and also referred to herein as the "13(c) Agreement"), and/or responsible for by virtue of
the terms and conditions of any U.S. Department of Labor certification or the application of
49 U. S. C. Section 5333(b) as it may be amended from time to time, to the funding,
acquisition, operation, maintenance or use of any transit coach provided hereunder,
including any reduction or cessation of use and the expiration of this Agreement.
Section 24. Insurance: The City agrees to insure the transit coaches for fire, theft,
bodily injury and death, property damage, collision and liability and to maintain such
coverage during the term of this Agreement and any renewal thereof in accordance with the
following requirements:
A. All insurance policies shall be issued by companies authorized to do
business in the State of Florida. City shall furnish certificates of insurance to
the County's representative prior to its receipt of the transit coaches. The
certificates shall clearly indicate that the City has obtained insurance of the
type, amount, and classification as required for strict compliance with this
section, and that no material change or cancellation of the insurance shall be
effective without thirty (30) days prior written notice to the County's
representative. Compliance with the foregoing requirements shall not relieve
the City of its liability and obligations under this Agreement.
B. The City shall maintain during the life of this Agreement, and any renewal
thereof, comprehensive automobile liability insurance in the minimum amount
of five hundred thousand dollars ($500,000.00) per occurrence to protect the
City from claims for damages for bodily and personal injury, including death,
8
as well as from claims for property damage, which may arise from the lease,
use, maintenance or operation of the transit coaches, whether such use,
maintenance or operation be by the City or by anyone directly or indirectly
employed by the City. Upon the request of County, City shall increase the
policy limits and/or expand the coverage, if the County determines, in its sole
discretion, that such is necessary.
C. The City shall maintain during the life of this Agreement, adequate
Workers' Compensation Insurance and Employer's Liability Insurance in at
least such amounts as are required by law for all of its employees, or shall
provide proof of adequate self-insurance.
D. All insurance other than Workers' Compensation to be procured and
maintained by City shall specifically include the County and Palm Tran, Inc.,
and their successors or assigns as "additional insureds,"
In no event, shall anything contained herein act as a waiver of the immunities granted to
cities and counties under the Florida Constitution and Section 768.28, Florida Statutes,
Section 25. Effective Date, Term and Renewal: This Agreement shall take effect
upon January 2,2009, and shall remain in full force and effectfor a period offour (4) years,
expiring on January 1, 2013, unless sooner terminated as provided herein.
Section 26. Default and Termination: Should the City decide to discontinue the
public transportation services contemplated hereunder, the City will notify the County of
such discontinuance, at least sixty (60) days prior to the effective date of the
discontinuance, and deliver the transit coaches to County, in the manner and to the place
specified by County, no less than five (5) days after discontinuance of service. The County
may terminate this Agreement with cause immediately upon three (3) days written notice to
the City. The County may terminate this Agreement for its convenience and/or without
cause upon notice to the City at least sixty (60) days prior to the effective date of the
termination. Notwithstanding anything set forth in this section, nothing contained herein
shall affect or diminish, in any manner, the County's right to immediately terminate this
Agreement under Section 14 of this Agreement. No liability will accrue to County for
termination under said Section 14 or termination for convenience or without cause. City
acknowledges that no damage shall accrue to it as a result of the termination of this
Agreement and hereby releases and expressly waives any claim or cause of action that it
has, had or might have against the County for County's termination of the Agreement
regardless of the reason for termination.
Section 27. Compliance with Federal Regulations: The City agrees to abide by
all U.S. Department of Transportation - Federal Transit Administration (FTA) regulations
and requirements regarding federally assisted projects and grants, and agrees to rectify
any deficiencies found by the County or federal review compliance officials upon notice of
such deficiencies from the County or federal review compliance officials, including all such
9
regulations or requirements adopted after the execution of this Agreement.
Section 28. Preparation of Certifications, Documents and Reports: Should the
County be required by the FTA or the U.S. DOT or any other agency of the federal
government to provide any certifications, documents or reports related in any manner to the
Project, the City will cooperate and assist the County with the preparation of such
certifications, documents or reports, or prepare and furnish any such certifications,
documents or reports requested by County. The City shall provide any and all reports,
documents or surveys required for the National Transit Database referenced by the Federal
Transit Act, as amended, and the implementing rules and regulations of the FTA. These
reports shall include, but are not limited to, random surveys of selected fixed-route trips,
daily accounting of revenue and non-revenue hours and miles, passenger counts, and any
other information deemed necessary by County for the complete performance of the
National Transit Database (NTD) Report required by the FT A. City shall provide such
information, data or reports on a monthly basis. City shall submit the information. data or
reports. in the form required by County. on or before the 10th day of each month for the
immediately precedinq month. Upon County's request, City agrees to cooperate and assist
County with the preparation and filing of any additional material relating to County's
Complementary Paratransit Plan or the provision of paratransit services. City shall
immediately provide County with all information and documentation needed for inclusion in
the Plan.
Section 29. Interest of Members or Delegates to Congress & No Influence:
A. No member of or delegate to the Congress of the United States shall
be admitted to a share or part of this Agreement or to any benefit arising
therefrom.
B. The City certifies that to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the City, to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Agreement, the Grant, or a loan or
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cooperative agreement, the City shall complete and submit Standard
Form-LLL, Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction as imposed by 31 U.S.C. 1352. Any person who fails
to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Section 30. labor Provisions for Non-Construction Contracts:
A. Overtime Requirements: City shall not require or permit any laborer or
mechanic, in any work week in which he or she is employed to work on the
Project, to work in excess of forty hours in such work week unless such
laborer or mechanic receives compensation at a rate not less than one and
one-half the basic rate of pay for all hours worked in excess of forty hours in
such work week.
B. Violation; Liability for Unpaid Wages; Liquidated Damages: In the event
of any violation of the clauses set forth in subparagraph (b)( 1) of 29 C. F. R.
Section 5.5, the City shall be liable for the unpaid wages. In addition, the City
shall be liable to the United States (in the case of work done under contract
for the District of Columbia or a territory, to such district or to such territory),
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clauses set forth in subparagraph (b)( 1 )
of 29 C.F.R. Section 5.5 in the sum of $ 10.00 for each calendar day on
which such individual was required or permitted to work in excess of eight
hours or in excess of the standard work week of forty hours without payment
of the overtime wages required by the clause set forth in subparagraph (b)( 1 )
of 29 C.F.R. Section 5.5.
C. Withholding for Unpaid Wages and Liquidated Damages: County shall
upon its own action or upon written request of an authorized representative of
the Department of Labor, withhold or cause to be withheld, from any monies
payable on account of work performed by City, such sums as may be
determined to be necessary to satisfy any liabilities of City for unpaid wages
and liquidated damages as provided in the clause set forth in subparagraph
(b)(2) of 29 C.F.R. Section 5.5.
D. Non-Construction Grants: The City shall maintain payrolls and basic
payroll records during the course of the work and shall preserve them for a
period of three years from the completion of the Agreement for all laborers
11
and mechanics, including guards and watchmen, working on the contract.
Such records shall contain the name and address of each such employee,
social security number, correct classifications, hourly rates of wages paid,
daily and weekly number of hours worked, deductions made, and actual
wages paid. Further, County shall require the City to insert in any such
contract a clause providing that the records to be maintained under this
paragraph shall be made available for inspection, copying, or transcription by
authorized representatives of the u.S.D.a.T. and the Department of Labor,
and the City will permit such representatives to interview employees during
working hours on the job.
E. Subcontracts: The City shall insert in any subcontracts the clauses set
forth in subparagraphs A. through E. of this section and also a clause
requiring the subcontractors to include these classes in any lower tier
subcontracts. The City shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in
subparagraphs A. through E. of this section.
Section 31. Charter Service: City shall comply with 49 U.S.C. 5323(d) and 49
C.F.R. Part 604, which provide that recipients and subrecipients of FTA assistance are
prohibited from providing charter service using federally funded equipment or facilities if
there is at least one private charter operator willing and able to provide the service, except
under one of the exceptions at 49 C.F.R. 604.9. Any charter service provided under one of
the exceptions must be "incidental," (i.e., it must not interfere with or detract from the
provision of mass transportation.)
Section 32. School Bus Operations: In accordance with 69 U.S.C. 5323(f) and 49
C.F.R. Part 605, City shall not engage in school bus operations exclusively for the
transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions.
Section 33. Energy Conservation: The City agrees to comply with mandatory
standards and policies relating to energy which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act.
Section 34. Clean Water: The City agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251, et. seq. The City agrees to report each violation to the County
and understands and agrees that the County will, in turn report each violation as required to
assure notification to the FTA and the appropriate EPA Regional Office. The City agrees to
include this requirement in any subcontract exceeding $100,000.00 financed in whole or in
part with Federal assistance provided by the FT A.
Section 35. Access to Records:
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A. The City agrees to provide County, the FTA, the Comptroller General of
the United States or any of their authorized representatives access to any
books, documents, papers and records of the City which are directly pertinent
to this Agreement for the purposes of making audits, examinations, excerpts
and transcriptions.
B. The City agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably
needed,
C. The City agrees to maintain, in Palm Beach County, Florida, all books,
records, accounts, and reports required under this Agreement for a period of
not less than three (3) years after the date of termination or expiration of this
Agreement, except in the event of litigation or settlement of claims arising
from the performance of this Agreement, in which case the City agrees to
maintain same until the County, the FTA, the Comptroller General, or any of
their duly authorized representatives, have disposed of all such litigation,
appeals, claims, or exceptions related thereto.
Section 36. Federal Changes: City shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation, those listed
directly or by reference in the County's Grant Agreement with the FT A, as they may be
amended or promulgated from time to time during the term of this Agreement. City's failure
to comply shall constitute a breach of this Agreement.
Section 37. Recycled Products: The City agrees to comply with all the
requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as
amended, (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40
C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items
designated in Subpart B of 40 C.F.R. Part 247.
Section 38. No Federal Government Obligation:
A. City and County acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or
award of any underlying contract, absent the express written consent by the
Federal Government, the Federal Government is not a party to this
Agreement and shall not be subject to any obligations or liabilities of the
County, City, or any other party (whether or not a party to this Contract)
pertaining to any matter resulting from an underlying contract.
B. The City agrees to include the above clause in each subcontract financed
in whole or in part with Federal assistance provided by FT A It is further
agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions,
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Section 39. Program Fraud and False or Fraudulent Statements:
A. The City acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. Section 3801 et seq. and U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions
pertaining to this Agreement. Upon execution of this Agreement, the City certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to this Agreement or the FT A assisted
project for which this Agreement is being performed. In addition to other penalties
that may be applicable, the City further acknowledges that if it makes or causes to
be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of
the Program Fraud Civil Remedies Act of 1986 on the City to the extent the Federal
Government deems appropriate.
B. The City also acknowledges that if it makes, or causes to be made a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under 49 U.S.C. Section
5307, the government reserves the right to impose the penalties of 18 U.S.C.
Section 1001, and 49 U.S.C. Section 5307 (n)(1) on the City to the extent to the
Federal Government deems appropriate.
C. The City agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FT A. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
Section 40. Civil Rights:
The following requirements apply to this Agreement:
A. Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. Section 2000d, Section 303 of the Age Discrimination
Act of 1975, as amended, 42 U.S.C. Section 6102, Section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. Section 12132, and
Federal transit law at 49 U.S.C. Section 5332, the City agrees that it will not
discriminate against any employee or applicant for employment because of
race, color, creed, national origin, sex, age, or disability. In addition, the City
agrees to comply with applicable Federal implementing regulations and any
other implementing requirements FT A may issue.
B. Equal Employment Opportunity: Race, Color, Creed, National Origin,
Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42
14
U.S.C. Section 2000e, and Federal transit laws at 49 U.S.C, Section 5332,
the City agrees to comply with all applicable equal employment opportunity
requirements of the U.S. Department of Labor (U.S. DOL) regulations, "Office
of Federal Contract compliance programs, Equal Employment Opportunity,
Department of Labor," 41 C.F,R. Parts 60 et seq., (which implement
Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating
to Equal Employment Opportunity," 42 U.S.C, Section 2000e note), and with
any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the
course of the Project. The City agrees to take affirmative action to insure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or
age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment, or recruitment
advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In
addition, the City agrees to comply with any implementing requirements FT A
may issue.
Age: In accordance with Section 4 of the Age Discrimination in Employment
Act of 1967, as amended, 29 U.S.C. Section 623 and Federal transit law at
49 U.S.C. Section 5332, the City agrees to refrain from discrimination against
present and prospective employees for reason of age. In addition, the City
agrees to comply with any implementing requirements FT A may issue.
Disabilities: In accordance with Section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C. Section 12112, the City agrees that it
will comply with the requirements of the U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilities Act," 29 C.F,R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the City agrees to
comply with any implementing requirements FTA may issue.
C. The City agrees to include the above-stated requirements in each
subcontract financed, in whole or in part, with Federal assistance provided by
FT A, modified only as necessary to identify the affected parties.
Section 41. Incorporation of FT A Terms: This Agreement contains certain
standard terms and conditions required by U.S. DOT. All contractual provisions required by
U.S. DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference,
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
City shall not perform any act, fail to perform any act, or refuse to comply with any County
requests which would cause the County to be in violation of FT A terms and conditions. City
IS
will immediately remedy any deficiencies found by County or federal review compliance
officials upon notice of such deficiencies.
Section 42. Privacy Act: The City agrees to comply with, and assures the
compliance of its employees with the information restrictions and other applicable
requirements of the Privacy Act of 1974,5 U.S.C. Section 552a. Among other things, the
City agrees to obtain the express consent of the Federal Government before the City or its
employees operate a system of records on behalf of the Federal Government. The City
understands that the requirements of the Privacy Act, including the civil and criminal
penalties for violation of that Act, apply to those individuals involved, and that failure to
comply with the terms of the Privacy Act may result in termination of the underlying
contract. The City agrees to include these requirements in each subcontract, to administer
any system of records on behalf of the Federal Government, financed in whole or in part
with Federal assistance provided by FT A.
Section 43. Disadvantaged Business Enterprises:
A. It is the policy of the U.S. Department of Transportation and County that
Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26,
as amended, shall have the maximum opportunity to participate in the
performance of contracts financed, in whole or in part, with federal funds.
County is committed to the implementation of 49 C.F.R. Part 26 through its
approved Disadvantaged Business Enterprise Program. Consequently, the
DBE requirements of 49 C.R.R. Part 26, as amended, apply to this
Agreement, and to the extent applicable, City agrees to comply with current
U.S. DOT regulations at 49 C.F.R. Part 26, including any amendments that
may be made to those regulations during the term of this Agreement.
B. The City and any subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Agreement. The
City shall carry out the applicable requirements of 49 C.R.R. Part 26 in the
award and administration of DOT assisted contracts. Failure by the City to
carry out these requirements is a material breach of this Agreement, which
may result in the termination of this Agreement or such other remedy as the
County deems appropriate.
Section 44. Transit Employee Protective Agreements: The City agrees to carry
out the transit operations work on the underlying contract in compliance with the terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the
interests of employees providing services or employed under this Agreement, and to meet
the employee protective requirements of 49 U.S.C. 5333(b), and DOL guidelines at 29
C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified
in the letter of certification from the U.S. DOL applicable to County's Grant Agreement with
the FT A related to this Project. The City agrees to carry out the work in compliance with
the conditions stated in the DOL letter, and further agrees that it shall extend and provide to
16
its transit employees the same protections afforded to employees of Palm Tran under the
13( c) Agreement, a copy of which has been received by the City.
Section 45. Minimum Requirements/Incorporation of FTA Terms: All limits or
standards set forth in the Grant Agreement are minimum requirements. In the event the
standards or requirements of this Agreement exceed those of the Grant Agreement, City
shall comply with the requirements of this Agreement. Moreover, all contractual provisions
required by FTA, as set forth in Circular 4220.1 E, as it may be revised from time to time,
are hereby incorporated into this Agreement by reference. Notwithstanding anything
contained herein to the contrary, all FTA mandated terms and conditions, including those
which the County becomes subject to under future grants from the FT A, shall be deemed to
control in the event of any conflict or inconsistency with the provision of this Agreement.
The City shall not perform any act, fail to perform any act, or refuse to comply with County
requests which would cause County to be in violation of any FTA term, condition or
requirement. City's failure to comply with any such FT A term, condition or requirement
shall be deemed a material breach of contract.
Section 46. Notice of Changed Conditions: City agrees to notify County of any
change in its ordinances or of conditions or events that may affect its ability to use the
transit coaches in accordance with the terms of the Grant Agreement and this Agreement
Section 47. Drug and Alcohol Testing: City agrees to establish and implement a
drug and alcohol testing program that complies with 49 C.F.R. Parts 40 and 655, as they
may be amended or replaced from time to time; to produce any documentation necessary
to establish its compliance with parts 40 and 655; and to permit any authorized
representative of the U.S. DOT or its operating administrations, the State Oversight Agency
of the State of Florida, or County to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program and to review the testing process,
The City agrees further to certify annually its compliance with Parts 40 and 655 before a
date to be set by County's representative and to submit Management Information System
(MIS) reports before a date to be set by County's representative (before March 15). City
shall certify compliance by using the "Substance Abuse Certification in the Annual List of
Certifications and Assurances for Federal Transit Administration Grants and Cooperative
Agreements", which is published annually in the Federal Register.
Section 48. Maintenance and Availability of Records: The City shall maintain all
records pertaining to the use, operation, maintenance, etc. of the transit coaches for at
least three (3) years. Such records shall be made available to the County, the U.S. Office
of Inspector General and the U.S. DOT and FTA. The City further agrees to comply with
the requirements of Chapter 119, Florida Statutes.
Section 49. Prohibition of Discrimination: The City represents and warrants that
it will not discriminate in its performance of this Agreement and that its employees and
members of the general public utilizing this public transportation will be treated equally and
without regard to race, sex, sexual orientation, gender identity or expression, color, religion
17
disability, handicap, age, marital status, national origin or ancestry.
Section 50. Assignment: Neither this Agreement nor any interest herein shall be
assigned, transferred or otherwise encumbered, in whole or in part, by City without the prior
written consent of County. Moreover, City shall not convey, assign or otherwise encumber
the lease granted hereunder or any lesser interest arising out of the lease, except as
expressly permitted in Section 9 of this Agreement.
Section 51. No Agency Relationship:
A. Nothing contained herein shall create an agency relationship between
City and County, or City and Palm Tran, Inc.
B. City acknowledges and affirmatively represents, warrants and asserts that
it is familiar with the terms and conditions of this Agreement, and that in the
performance of the Agreement and/or in any other act, relationship or role
that it has or may have with the County or Palm Tran, Inc., related to or
arising out of the Agreement, that it is and shall at all times be an
independent contractor and not an agent or servant of the County or Palm
Tran, Inc. City acknowledges that it has no authority, either express or
implied, to hold itself out as a servant or agent of the County or Palm Tran,
Inc. or to represent that it is an agent or servant of the County or Palm Tran,
Inc. City agrees that it shall not conveyor suggest, in any manner
whatsoever, to any person or entity (i.e., third party), that it has any authority,
either real or apparent, to act for or on behalf of or as agent of the County or
Palm Tran, Inc. Accordingly, City shall at no time claim, assert, infer or
suggest, in any way whatsoever, in any public or private statement whether
made in any public meeting, deposition, interrogatory, hearing, trial or appeal,
that it is an agent or servant of the County or Palm Tran, Inc., or that the
County or Palm Tran, Inc. has control over City's day-to-day operations or
the conduct of its business, employees, officers, servants or agents.
C. City affirmatively acknowledges and represents that it, in the performance
of this Agreement and without the direction or control of County or Palm
Tran, Inc., will select, hire, train, place, supervise, discipline, terminate,
compensate and reward its employees; that it has determined the manner by
which it will perform, including the site(s) from which the work will be
performed; and that the facility it will utilize to perform will be owned and
controlled by it and under its care and control.
Section 52. Remedies: This Agreement shall be construed by and governed by the
laws of the State of Florida. Any and all legal action necessary to enforce the Agreement
will be held in Palm Beach County. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or now or hereafter existing
18
at law or in equity or by statute or otherwise. No single or partial exercise by any party Oi
any right, power, or remedy hereunder shall preclude any other or further exercise thereof
Section 53. Enforcement Costs: Any costs or expenses, including reasonable
attorney fees, associated with the enforcement of the terms and conditions of this
Agreement shall be borne by the respective parties; provided, however, that this clause
pertains only tD the parties to this Agreement.
Section 54. No Waiver: No waiver of any provisions of this Agreement shall be
effective unless it is in writing, signed by the party against whom it is asserted, and any
such written waiver shall only be applicable to the specific instance to which is relates and
shall not be deemed a continuing or future waiver,
Section 55. Captions: The captions and section designations herein set forth are
for convenience only and shall have no substantive meaning.
Section 56. Joint Preparation: The preparation of this Agreement has been a joint
effort of the parties, and the resulting document shall not, solely as a matter of judicial
constraint, be construed more severely against one of the parties than the other.
Section 57. Severability: Should any section, paragraph, sentence, clause, or
provision hereof be held by a court of competent jurisdiction to be invalid, such shall not
affect the remaining portions of this Agreement.
Section 58. Notice: All written notices required under this Agreement shall be sent
by certified mail, return receipt requested, and if sent to the County shall be mailed to:
Executive Director of Palm Tran
3201 Electronics Way
West Palm Beach, FL 33407
And, if sent to the City shall be mailed to:
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Each party may change its address upon notice to the other.
Section 59. Entirety of Contract and Modifications: The County and City agree
that this Agreement sets forth the entire agreement between the parties, and that there are
no promises or understandings other than those stated herein. No modification,
amendment or alteration in the terms or conditions contained herein shall be effective
19
unless contained in a written document executed with the same formality and equality of
dignity herewith.
Section 60. Survivability: Any provision of this Agreement which is of a continuing
nature or imposes an obligation which extends beyond the term of this Agreement, shall
survive its expiration or earlier termination.
Section 61. Execution: This document shall be executed in four (4) counterparts,
each of which shall be deemed an original.
Section 62. Filing: A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County.
(Remainder of Page Intentionally Left Blank)
20
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement
on the day and year first written above.
ATTEST: PALM BEACH COUNTY, FLORIDA, by its
Sharon R. Bock, Clerk & Comptroller BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chairman
ATTEST: CITY OF BOYNTON BEACH
By: By:
Clerk Mayor
Approved as to Form Approved as to Terms
and Legal Sufficiency and Conditions
County Attorney Chuck Cohen, Executive Director
Palm Tran
G:. .draney\ABoyntonBeach2009-13.pt.12-11-08
21
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1\'.
Requested City Commission Dare Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill
MeetiIm Dates in to city Clerk's Office MeetiImDates to City Cieri,' s Office
o December 16, 2008 December 1, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17, 2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2, 2009 (Noon) Q
0 ...-....i
O-~
\.0 ~-<
X February 3, 2009 January 19, 2009 (Noon) o April 7, 2009 March 16,2009 (Noon) ~ -<~
:z: n"'"
- r-.
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0 AnnouncementslPresentations 0 City Manager's Report ~;:z:
-0 (J)' -!
NATURE OF 0 Administrative 0 New Business :x ~~
AGENDA ITEM X Consent Agenda 0 Legal ca
.
0 0 U1 ....:b
Code Compliance & Legal Settlements Unfinished Business yt
0 Public Hearing 0
RECOMMENDATION: Staff recommends that the City Commission approve resolution No. 09-_ . the reclassification of
one (1) position in the Finance Department from Assistant to the Director of Financial Services, pay grade 32, to Budget
Manager, pay grade 34.
EXPLANATION: This recommendation is being made after a thorough analysis of the job duties and responsibilities of
the Assistant to the Director of Financial Services by the Director of Financial SeIVices and Human Resources staff. The
Assistant to the Director of Financial SeIVices primarily assists the Director in preparing financial reports and performing
budget and other financial duties; however, the Budget Director manages the complete annual budget process through to
completion, monitors expenditures and ensures compliance with State and local laws and ordinances.
PROGRAM IMPACT: A more accurate job description and a more efficient allocation of essential functions required to
perform work related duties for this position. This change will also ensure consistency in pay grades with other positions
that have similar responsibilities and duties throughout the City.
FISCAL IMPACT: Reclassifying the Assistant to the Director of Financial SeIVices from pay grade 32 to Budget
Manager, pay grade 34, will have an annual financial impact of$6,94 1.52 for the remainder ofFY 08/09. The Director of
Financial SeIVices has verified that funds are available to support this change in the Finance budget.
ALTERNATIVES: Make no changes to the Assistant to Director of Financial SeIVices classification, thus the allocation of
the duties and responsibilities will be inconsistent with other classifications in the City with similar responsibilities and
duties. Ad . . onally, the incumbent will not be appropriately compensated for the ctions that are currently being
perfi b that individ 7
~
City Manager's gnature
\ ~t ~ity Manager C#vL~
\
Human Resources
Department Name City Attorney I Finance
S:\HR\Agenda Items\Agenda Items 2009\1-09 Agenda Reclass Asst to Dir Fin Svcs to Bdgt Mgr.doc
1 RESOLUTION R09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH APPROVING THE
5 RECLASSIFICATION OF THE ASSISTANT TO THE
6 DIRECTOR OF FINANCIAL SERVICES POSITION IN
7 THE FINANCE DEPARTMENT TO BUDGET
8 MANAGER, PAY GRADE 34; PROVIDING AND
9 EFFECTIVE DATE.
10
11 WHEREAS, after a thorough analysis of the job duties and responsibilities of the
12 Assistant to the Director of Financial Services by the Director of Financial Services and
13 Human Resources staff, staff recommends the reclassification of the Assistant to the Director
14 of Financial Services to Budget Manager: and
15 WHEREAS, the change will ensure consistency in pay grades with other positions
16 that have similar responsibilities and duties throughout the City.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH FLORIDA:
19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof.
22 Section 2: The City Commission of the City of Boynton Beach hereby approves
23 the reclassification of the Assistant to the Director of Financial Services in the Finance
24 Department to Budget Manager, pay grade 34.
25 Section 3: This Resolution shall become effective immediately upon its passage.
26
27
II
i
,
!
I
I
I
I
S:\CA\RESO\Reclass position(Budget Manageri.doc
1 PASSED AND ADOPTED this day of , 2009.
2
3 CITY OF BOYNTON BEACH
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
20 ATTEST:
21
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28
29 (Corporate Seal)
30
S:\CA\RESO\Reclass position(Budget Manager).doc
DEPARTMENT OF HUMAN RESOURCES
MEMORANDUM NO. 09-001
To: Kurt Bressner, City Manager
Through: Sharyn Goebel!, IPMA-CP ''-'nu
Human Resources Director
From: Arleen M. Barton 'M~ /
Project Manager
Date: January 7, 2009
Subject: Reclassification of Assistant to the Director of Financial Services
To Budget Manager
Attached for your review and approval is a recommendation to reclassify the Assistant to the
Director of Financial Services to a Budget Manager. Additionally the Director of Financial
Services and Human Resources concur that based on these changes and due to the additional
responsibilities the Budget Manager should be reclassified from pay grade 32 to a pay grade 34,
Changes were made to the following sections of the job description as recommended by both
the Director of Financial Services and Human Resources.
1, The Title of the Classification was changed from Assistant to the Director of Financial
Services to Budget Manager, to better reflect the duties and responsibilities.
2, The Purpose of Classification was revised to read:
The purpose of this classification is to manage the development and monitoring of the
Citywide operating budget and capital improvement budget and to prepare status reports
on a regular basis for the City Manager and the City Commission. An employee in this
classification is responsible for coordinating with the Purchasing Agent and Warehouse
Manager in monitoring the purchasing and accounting for major capital projects and capital
assets. The Budget Manager assists the Director of Financial Servicesrrreasurer with
preparing financial reports, preparing budget status reports, providing recommendations for
investments, and performing other financial duties, as assigned.
3. The duties under Essential Functions were revised to reflect the budget responsibilities
and duties being performed by the incumbent, Anthony Davidson: The incumbent is now
directing and participating in the work related to the annual budget process through to
budget completion and monitoring, ensuring budget compliance with all State budget and
millage reporting requirements, as well as, compliance with all applicable City codes, rules
and regulations. The position is also administering all financial aspects of the City's five-
year capital improvement program for both the governmental and enterprise activities of
the City.
4, Under Minimum Qualifications, the required years of experience was revised from two
(2) to five (5) or more years of previous experience and/or training that includes
<, JjRICnrrcspllndcncclMFM( lS AND LLTTERS\200'l',O'l-OOI Kurt MCIll<1 Rc\ .ID :\>,1 [(1 Dlr <11 Financial \\C, r1l
I/X/20()l) 7 ..jC)'O,) :\\1
governmental accounting and budget administration work at the local government level
and two (2) years of experience in a supervisory capacity. Knowledge of governmental
GAAP and GASP standards was also added as a requirement. Certified Government
Finance Officer (CGFO), Certified Public Accountant (CPA) and Masters of Business
Administration (MBA) were added as preferred qualifications.
5. Pay Grade - The Director of Financial Services has requested that the classification be
moved to a higher pay grade. Human Resources is recommending that the pay grade be
changed from pay grade 32 to 34. The Director of Financial Services concurs. An agenda
item is being prepared for the Board of City Commissioners' approval.
Financial Impact:
The cost for the reclassification of the incumbent is $6,941.52, including benefits. The Director
of Financial Services has verified that he has sufficient funding in his budget to cover this cost.
Please indicate your approval for the reclassification of the incumbent, Anthony Davidson, and
the reclassification of the job description, from Assistant to the Director of Financial Services to
Budget Manager, by signing below. Upon receipt of your signature this will be submitted to the
City Commission for their approval.
Approval: ~ Date: I -8- 07
Attached: Revised Job description - Assistant to Director of Financial Services
S:\HR\Correspondence\MEMOS AND LETTERS\2009\09-00 I Kurt Memo Rev .lD Asst to Dir of Financial Svcs.rtf
1/8/2009 7:49:09 AM
Class Code
Grade: 34
FLSA: E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: BUDGET MANAGER
PURPOSE OF CLASSIFICATION
The purpose of this classification is to manage the development and monitoring of the Citywide operating
budget and capital improvement budget and to prepare status reports on a regular basis for the City Manager
and the City Commission. An employee in this classification is responsible for coordinating with the
Purchasing Agent and Warehouse Manager in monitoring the purchasing and accounting for major capital
projects and capital assets. The Budget Manager assists the Director of Financial ServicesITreasurer with
preparing financial reports, preparing budget status reports, providing recommendations for investments, and
performing other financial duties, as assigned.
ESSENTIAL FUNCTIONS
The following duties are normal for this position, The omission of specific statements of the duties
does not exclude them from the classification if the work is similar, related, or a logical assignment
for this classification. Other duties may be required and assigned.
Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing
work, counseling, disciplining, and completing employee performance appraisals. Sits on interview panel for
division personnel and makes hiring recommendations to the Director
Directs and participates in the work related to the annual budget process and provides assistance to
departments and the City budget task force in preparing budgets.
Oversees and directs work activities related to the annual Citywide budget, which includes: calculating
salaries, fringe benefits and other costs; reviewing revenue estimates; reviewing and analyzing departments'
budgets; participating in the development of staff recommendations; and directing the compilation and
preparation of the proposed and final budget documents.
Ensures budget compliance with all State budget and millage reporting requirements (TRIM). Ensures City
compliance with all applicable budgetary codes, laws, rules, regulations, standards, and policies and
procedures and initiates any actions necessary to correct deviations or violations
Administers all financial aspects of the City's five-year capital improvement program for both the
governmental and enterprise activities of the City which includes balancing funding sources; such as, bond
financing, grants, and revenues. Transfers moneys, each fiscal year, from other funds for requested capital
projects.
Reviews budget requests and financial activity of budget accounts for compliance with approved operating
and capital fund budgets; tracks account balances; develops year-end budget estimates; prepares budget
reports; and processes budget transfers and amendments, as needed
Page 1 Revised: April 2006
Last Revised (duties) November 2007
Draft Revision of Title, Duties and Pay Grade -January 2009
City of Boynton Beach, Florida · Budget Manager
Performs and directs various budgetary administration duties; including, maintaining the City's chart of
accounts, preparing and reviewing budget transfers and journal entries and reviewing and recommending
approvals for carrying over encumbrances, where appropriate. Coordinates and assists with closing
budgetary and other general ledger accounts at year-end.
Maintains financial records on grant-funded programs; monitors performance of programs to ensure
compliance with funding requirements; processes performance reports and assists with completing
applications for renewal of grants.
Performs various accounting administration duties including maintaining chart of accounts, preparing and
reviewing journal entries, reconciling and balancing general and subsidiary ledgers, maintaining fund
accounts, preparing month-end and year-end reports; and closing out general ledger accounts at year-end.
Prepares financial statements for assigned funds; compiles financial data and assists with the preparation
of the City's comprehensive annual financial report (CAFR).
Assists with the year-end audit in providing information, explanations and assistance in the completion of the
City's audited financial statements.
Oversees and manages proper recording of capital assets from purchasing/contracting to receipt and
capitalization.
Prepares and assists with the preparation of financial analyses of budgets and accounts; prepares monthly
reports and financial statements.
Attends meetings, makes presentations and advises City officials and staff on budgetary and fiscal matters,
as needed.
Maintains knowledge of governmental accounting standards, generally accepted accounting principles, and
the policies and practices in governmental budgeting, accounting and finance by attending conferences and
seminars, and by reading professional journals.
Performs other duties and special projects as assigned by the Director of Financial Services.
ADDITIONAL FUNCTIONS
Performs other related duties as required.
MINIMUM QUALIFICATIONS
Bachelor's degree in finance, accounting, business or public administration, or closely related field
supplemented by 5 or more years of previous experience and/or training that includes governmental
accounting and budget administration work at the local government level and two (2) years of experience in a
supervisory capacity or any equivalent combination of education, training, and experience which provides the
requisite knowledge, skills, and abilities for this job. Knowledge of governmental GAAP and GASB standards
is required.
Page 2 Revised: April 2006
Last Revised (duties) November 2007
Draft Revision of Title, Duties and Pay Grade - January 2009
S:\HR\MGT\outside of MGT\Budget Manager Draft eM approval.doc
1/7/2009 1144:30 AM
City of Boynton Beach, Florida · Budget Manager >_.
PREFERRED QUALIFICATIONS
Certified Government Finance Officer (CGFO), Certified Public Accountant (CPA), and/or Masters of
Business Administration (MBA) are preferred. Experience with the City's computerized accounting /
budgeting system is also preferred.
PERFORMANCE APTITUDES
Data Utilization Requires the ability to coordinate, manage, and/or correlate data. Includes exercising
judgment in determining time, place and/or sequence of operations, referencing data analyses to
determine necessity for revision of organizational components, and in the formulation of operational
strategy.
Human Interaction: Requires the ability to function in a managerial capacity for a division or
organizational unit Includes the ability to make decisions on procedural and technical levels
Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver
and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential
functions
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive. advisory and/or
design data and information.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division.
ability to calculate decimals and percentages; may include ability to perform mathematical operations
Involving basic algebraic principles and formulas, and basic geometric principles and calculations
Functional Reasonin~r Requires the ability to apply principles of influence systems, such as motivation
Incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing
approaches and techniques to resolve problems
Situational Reasoninq: Requires the ability to exercise judgment, decisiveness and creativity in situations
Involving the direction, control and planning of an entire program or set of programs
ADA COMPLIANCE
Phvsical Abilitv Tasks require the ability to exert light physical effort in sedentary to light work, but which
may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10
pounds). Tasks may involve extended periods of time at a keyboard or work station
Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals
Some tasks require the ability to communicate oral/y.
Environmental Factors: Essential functions are regularly performed without exposure to adverse
environmental conditions
The City of Boynton Beach, Florida, is an Equal Opportunity Employer In compliance with the Americans
with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities
and encourages both prospective and current employees to discuss potential accommodations with the
em ployer
Page 3 Revised: April 2006
Last Revised (duties) November 2007
Draft Revision of Title, Duties and Pay Grade - January 2009
S \HR\MGT\outside of MGT\Budget Manager Draft eM approvaldoc
1/7/200911 4430 AM
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.3
AGENDA ITEM REQUEST FORLn
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 December 16, 2008 December 1,2008 (Noon) o February 17,2009 February 2,2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon) n
0 C'",)~
o January 20, 2009 o March 17,2009 \.C =i;;<
January 5, 2009 (Noon) March 2, 2009 (Noon) <- -<'m
:x:- n""
.Pl February 3, 2009 o April 7,2009 Z
January 19,2009 (Noon) March 16.2009 (Noon) - r-GJ
r'llQ
en ::l3-<
:;::::;a:
> cfi.....
0 Announcements/Presentations 0 City Manager's Report :B: C'l~
\D ...,%
NATURE OF 0 Administrative 0 New Business .. "T,lfD
.r:- ~i
AGENDA ITEM ,k Consent Agenda 0 Legal -
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve by resolution the service agreement between the City of Boynton Beach,
Florida (City) and Boy Scouts of America, Gulfstream Chapter, authorizing the City to enter into an
agreement to sub-grant funding in the amount of $15,000 to Boy Scouts of America, Gulfstream
Chapter, as a partner in the continued planning and implementation of the Youth Violence Prevention
Program (YVPP) in the target area in the City of Boynton Beach.
EXPLANATION: The City of Boynton Beach originally entered into an interlocal agreement with the
Board of County Commissioners, Palm Beach County, Florida (County) on February 27, 2007. The
agreement outlined the City's duties and responsibilities within the concept of developing a Youth
Empowerment Center. The center opened on February 9, 2008 in conjunction with the City's Parks and
Recreation Department's grand opening of the Carolyn Sims Center. Each year the YVPP selects
service providers to offer programs in the center addressing issues from tutoring to gang prevention and
intervention. For this years funding cycle, the City was granted $285,000 of which $117,800 was
designated to be sub-granted to service providers. On November 5, 2008, the YVPP Steering
Committee met and reviewed the RFP's submitted for this funding cycle. The Steering Committee
approved Boy Scouts of America, Gulfstream Chapter's application and granted them $15,000 for their
program.
This program offers a flag football program based out of the Sims Center. They have collaborated with
coaches and players from the East Coast Reapers, an adult football team, based out of Delray Beach.
Their coaches and players have become role models and friends for the young men that have joined the
program. The adult leaders are working with the "Take a Knee for Character" curriculum provided by
the Boy Scouts of America to positively change the lives of young men. The program is successful
because the building blocks teach valuable life skills using sports as the vehicle to entice young men to
participate. The focus at every practice and game will be on development and personal growth for each
young man. The program runs March to September and meets twice weekly with regularly scheduled
games throughout the season.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: This program has the potential to reduce violent crime associated with youth. gang
participation, drug use and has the potential to increase civic awareness. leadership and the potential to
change the landscape of this community through self-empowerment.
FISCAL IMPACT: The County has approved the funding for the YVPP program for this funding cycle.
Boy Scouts of America, Gulfstream Chapter, submitted a budget with their RFP and the Steering
Committee approved said budget. All expenses submitted for reimbursement will fall under the
approved budget. The City will be reimbursed via the County for all expenses incurred.
ALTERNATIVES: Not to approve the service agreement.
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City Manager's Signature
~nt to C;ty Man""" _ OJ/!1---
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Department Name City Attorney / Finance
SIBULLETIN\FORMS\AGEl\DA ITEM REQUEST FORM.DOC
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1 RESOLUTION R09- I
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3 i A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, I
5 APPROVING AND AUTHORIZING THE CITY I
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6 MANAGER AND CITY CLERK TO EXECUTE A I
7 YOUTH EMPOWERMENT CENTER SERVICES
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH, FLORIDA, AND BOY SCOUTS OF
10 AMERICA, GULFSTREAM CHAPTER FOR SUB-
11 GRANT FUNDING IN THE AMOUNT OF $15,000.00;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, the City of Boynton Beach has entered into an agreement with the Board I
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of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth i
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16 Empowerment Center to curtail violent and criminal behavior by providing holistic activities
17 geared toward improving the livelihood of the participants; and I
18 WHEREAS, the City of Boynton Beach was granted $285,000.00, of which I
19 $117,800.00 was designated to be sub-granted to service providers; and
20 WHEREAS, the Youth Violence Prevention Program Steering Committee has
21 reviewed and approved Boy Scouts of America, Gulfstream Chapter's application and has
22 granted them $15,000.00.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
24 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 eing true and correct and are hereby made a specific part of this Resolution upon adoption
27
28 Section 2. The City Commission of the City of Boynton Beach, Florida does
29 ereby approve and authorize the City Manager and City Clerk to execute a Youth
30 mpowerment Center Services Agreement with Boy Scouts of America, Gulfstream Chapter
:\CA\RESO\AgreementslGrants\YVVP - Subgrant- Boy Scouts. doc
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I including a sub-grant in the amount of $15.000.00. a copy pr the Scnicl' Agrecmcn1 is
.2 ! attached hereto and made a part hereof as Exhibit "A"
3 Section 3. This Resolution will become effective immediatel) upon passage
4 PASSED AND ADOPTED this day of February. 2009.
5 CITY OF BOYNTON BEACH. FLORIDA
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8 Mayor - Jerry Taylor
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11 Vice Mayor -- Jose Rodriguez
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14 Commissioner - Ronald Weiland
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17 i Commissioner - Woodrow L. Hay
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20 Commissioner - Marlene Ross
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!~ Janet M. Prainito, CMC
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24 City Clerk
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28 It Corporate Seal)
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ICi\IRESO\Agreemcnts,(Jrants\YVVP - Sllhgrant- Boy SCOlllSc!OC
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 225 N.W. lih Ave.,
Boynton Beach, Florida 33435 and a mailing address of 225 N.W. lih Ave., Boynton Beach,
Florida 33435 (the "City") and Boy Scouts of America, Gulfstream Chapter with an address of
8355 N. Military Trail, Palm Beach Gardens, Florida 33410(the "Provider").
WITNESSETH
WHEREAS, by Resolution No. aD"\'~, the Boynton Beach City Commission approved
an Interlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "A" (which services are hereinafter referred to as
the "Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 225 N.W. 12th Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
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1.2 Provider shall render the Services in a diligent. careful and thorough manner
consistent with good business practice. Time shall be of the essence with respec1 to all matters set
forth in this Agreement.
1.3 Provider shall have all prospective staff complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national background checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or
obligations on the City in connection with performance or actions of any staff hired by Provider.
The City reserves the right to require Provider to dismiss any statf working under it v,hose
performance or actions are detrimental to the Project or who is involved in misconduct. drug use.
alcohol consumption or use or possession of firearms on City property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
monthly update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about any
participant injury or accident and complete an "Accident/Incident Form:" If the injury required first
aid, the instructor must notifY the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before and
after each program.
'") COMPENSA TION.
2.1 Contract Amount. In consideration of the satistactory performance of the Services h\
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Fifteen
Thousand Dollars- ($15,000.00) ("Contract Amount") based on the fees set forth in Exhibit '.,\"'
attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in
connection with the rendition of the Services and the performance of any and all of its other
obligations hereunder and shall include any out-of-pocket or other expenses, including travel
expenses, incurred by Provider. Payment tu the Provider by the City is contingent upon
reimbursement from the County in accordance with the terms of the Interlocal Agreement.
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2.2 Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
(lOth) of each month using the Reimbursement Request Form attached hereto as Exhibit "B", along
with a monthly report including participants' names, date of birth, school attended, GP A, class
days/times, registered participants and daily attendance sign-in and all supporting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 225 N.W. Ii Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "Effective Date") and shall continue until September
30,2009 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENT A nONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate or governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes).
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5. ST ANDARD OF CARE. The standard of care for all Services performed or furnished Q\
Provider under this Agreement will be the care and skill ordinarily used by members of Provider...;
profession practicing under similar circumstances or at the same time and in the same localit\.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement.
Provider shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it !" an
independent contractor of the City and is not an employee of the City. Provider more specitically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; will be solely and
exclusively responsible for payment of all federal and state income, social security. unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the City to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the tem1 of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider's duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed
under this Agreement for three (3) years following completion of the Services. or conclusion of an)
litigation regarding this Agreement. The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice, with regard to the Services provided to the ('ity
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the Clty.
9. INSURANCE.
9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth
below which may arise out of or result from performance under this Agreement by Provider. or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of
liability. Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability -- coverage in the minimum amounts specified below. and
with a maximum deductible of $25,000 per occurrence.
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General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any a.11l0unt withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. The parties mutually acknowledge that the provisions of 9725.08, Fla. Stat., have been
SERV 1008
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fulfilled and govern this provision. This paragraph shall nut he construed to require Pnn li.\\."I"
indemnif~ the City for its own negligence, or intentional acts or the Cit). its agents ur emplu\ ,'c'
This clause shall survive the expiration or tern1ination of this A.greement
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, \\ith or
without cause, and for its convenience, upon tive (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the pf(widcr
for all authorized work satisfactorily performed through the termination date under the payment
tenns set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition or
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided
for under this Agreement shall be sent by certified mail. return receipt requested, postage prepaid. in
the case of mailing, or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement,
attention: Wanda Akins or to the City, at the address on the first page of this Agreement, attention:
City Administrator, with a copy to the City Attorney, or to such other address or person as shall he
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City. Provider is not
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number J(Jr
purchasing supplies or materials.
14. A V AILABILITY OF FUNDS. This Agreement IS expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRIMINA TION. Provider shall not discriminate against any employee ur
applicant for employment or in the provision of Services because of race, color, religion. sex.
national origin, age, disability, familial status, marital status or sexual orientation.. or any other
factor which cannot be lawfully used as a basis for service delivery.
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16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake,
volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one
of the foregoing conditions interferes with contract performance, then the party affected may be
excused from performance on a day-for-day basis to the extent such party's obligations relate to the
performance so interfered with; provided, the party so affected shall use reasonable efforts to
remedy or remove such causes of non-performance. The party so affected shall not be entitled to
any additional compensation by reason of any day-for-day extension hereunder.
18. TRUTH-IN-NEGOTIA TION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated
under this Agreement are accurate, complete and current and the time of contracting. The fees and
expenses payable under this Agreement shall be adjusted to exclude any significant sums should the
City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wage rates or due to inaccurate representations of fees paid to outside Providers. The City shall
exercise its rights under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this
Agreement. The Provider further represents that no person having any interest shall be employed or
engaged by it for said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship business
association or other circumstance, which may influence or appear to influence Provider's exercise
of judgment or quality of the Services being provided under this Agreement. Provider, its officers,
personnel, subsidiaries and subcontractors shall not perform services for any third party that would
in any way be in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to
undertake and shall request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the
Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30)
calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
City, the prospective business association, interest or circumstance would not constitute a conflict of
interest by the Provider, the City shall so state in its opinion and the Provider may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Provider under this Agreement.
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19.4 In the event Provider is permitted to utilize subcontractors to perfoDn an) Sl~n lCi:.'S
required by this Agreement. Provider agrees to prohibit such subcontractors. by written cuntracl
from having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133. Florida Statutes). and certifies that
Provider and its subcontractors under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within 36 months from
the date of submitting a proposal tor this Agreement or entering into this Agreement. Violation of
this section may result in termination of this Agreement and recovery of all monies paid hereto.. and
may result in debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief
that no funds or other resources received from the State in connection with this Agreement will be
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm
Beach. which is incorporated herein by this reference. Provider shall comply with the small
business commitment contained in Consultant's Proposal. Provider shall maintain all relevant
records and information necessary to document compliance with the Small Business Ordinance and
shall allow the City to inspect and audit such records.
23. GOVERNING LAW. This Agreement shall be construed and interpreted. and the rights of
the parties hereto determined. in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper
venue for any suit concerning this Agreement shall be Palm Beach County. Florida. or the Federal
Southern District of Florida. PROVIDER agrees to waive all defenses to any suit tiled in Florida
based upon improper venue or f()rum nonconveniens. To ENCOURAGE PROMPT AND EQUJTAHU
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY .II JRY ["-
ANY LITIGATION RELATED TO THIS AGREEMENT.
24. SEVERABILITY. In the event that any sentence. section. paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity shall not afTect the
remaining portions of this Agreement and the same shall remain in full force and effect.
')~ WAIVER. Any waiver by either party hereto of anyone or more of the covenants.
....). conditions, or provisions of this Agreement. shall not be construed to be a waiver of any subsequent
or other breach of the same or any covenant. condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only
and shall not be considered in construi.ng. interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement
and understanding of the parties hereto with respect to the subject matter hereof and supersede all
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: CITY OF BOYNTON BEACH
By: By:
City Clerk City Manager
Date: .,2009
CITY ATTORNEY'S OFFICE
Approved as to form and legal sufficiency
By:
Date:
PROVIDER:
WITNESSES: Boy Scouts of America, Gulfstream Chapter
~~ By P1jJd t<\.~ (
Prin: - . e: _H ~~ Print Name: j11.'re.
/~@djy . Title:-R cJ J.. () ~ .(' ccJo r
--- Pri N _~ --tv) (rn) Date: I /[.(-/0 i ,2009
'\.,-~
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Exhibit A
Gulf Stream Council Boy Scouts of America
Program Description:
The Gulf Stream Council Boy Scouts of America (BSA) program has developed a flag football
program based out of the Simms Center. They have partnered with coaches and players from the
East Coast Reapers, an adult football team based out of Delray Beach. Their coaches and players
have fast become adult role models and friends for the young men that have joined the program.
The adult leaders are working with the "Take a Knee for Character" curriculum provided by the
BSA to positively change the lives of young men. The program is successful because the
building blocks teach valuable life skills using sports as the vehicle to entice young men to
participate. The focus at every practice and game will be on development and personal growth
for each young man. Through sessions emphasizing respect, character, honestly, loyalty and
many other life skills, the BSA will make a positive change in the lives of the young men. The
program serves approximately 40 youth, ages 11-18, and runs from March to September. The
team meets twice per week with regularly scheduled games throughout the season.
Performance Measures:
1. Enhance self-esteem.
2. Enhance respect for themselves and others both on and off the field.
3. Encourage good decision-making skills.
Gulfstream Boy Scouts of America- 08-09 Budget
Total Funding Provided by YVPP: $ 15,000.00
Provide the followinQ budQet information:
Category Description yvpp Funder A Funder B In-Kind Total
(Name of other (Name of other
funder) funder)
Salaries Two program specialist 9,500.00
Registration Fees for Boy Scouts 1,650.00
(150 youth)
Equipment Cleats, gear, etc 1,000.00
Supplies Food, drinks 2,500.00
Total 15,000.00
"EXHIBIT B"
._~~- -.-- -~-~-_._------_._- -.- --"-~----'.
yvpp Reimbursement Form
-- ---- --.---. -- -.-_._----_.~---- -...---
Vendor Name
~__,_~___ m._~._ ___. -------. ..--- -. --.- --..---.----
Description of Items
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--- ---- ---.-.---- ------~
Date/ Amount Paid
---~._._-~--~ - _._~__...__._._ u__ _ --'---'_.-- ---'-
Specifics of Event
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When completing this form, you must attach a receipt for the requested reimbursement
items. Under the "Specifics of Event" box, include details about the event/program
including, but not limited to, how many children the program served, the ages of the
children involved, what specific activities/services were offered. If you are requesting
payroll reimbursement, include the hourly rate of employee, and all information regarding
FICA/SS/Medicare etc. If you have any questions, please contact Sgt. Suzanne Gitto at
561. 742.6141.
VI.-CONSENT AGENDA
ITEM C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
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o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon) 55 ~=4
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o January 20, 2009 o March 17,2009 >
January 5, 2009 (Noon) March 2, 2009 (Noon) Z 0""
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o April 7, 2009 March 16,2009 (Noon) m rTJO
X February 3, 2009 January 19,2009 (Noon) ?3-<
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:x 0
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0 Announcements/Presentations 0 City Manager's Report '!? "'Ill;;
.z:- ~
NA TURE OF 0 Administrative 0 New Business - ~)>
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AGENDA ITEM X Consent Agenda 0 Legal :x:
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve by resolution the service agreement between the City of Boynton Beach,
Florida (City) and RM Lee, Community Development Center, authorizing the City to enter into an
agreement to sub-grant funding in the amount of $22,000 to RM Lee, Community Development Center,
as a partner in the continued planning and implementation of the Youth Violence Prevention Program
(YVPP) in the target area in the City of Boynton Beach.
EXPLANATION: The City of Boynton Beach originally entered into an interlocal agreement with the
Board of County Commissioners, Palm Beach County, Florida (County) on February 27, 2007. The
agreement outlined the City's duties and responsibilities within the concept of developing a Youth
Empowerment Center. The center opened on February 9,2008 in conjunction with the City's Parks and
Recreation Department's grand opening of the Carolyn Sims Center. Each year the YVPP selects
service providers to offer programs in the center addressing issues from tutoring to gang prevention and
intervention. For this years funding cycle, the City was granted $285,000 of which $117,800 was
designated to be sub-granted to service providers. On November 5, 2008, the YVPP Steering
Committee met and reviewed the RFP's submitted for this funding cycle. The Steering Committee
approved RM Lee, Community Development Center's application and granted them $22,000 for their
program.
There are two portions to the programming offered by this service provider. The first are employment
skills designed to assist juvenile residents ages 11-19 to develop the basic and technical skills they need
for wage and self-employment. In addition, participants will learn to take advantage of the upcoming
economic opportunities in the form of jobs, sub-contracting, and micro business. This program runs for
nine months and meets once per week.
The second portion of programming is a male mentoring program. The program provides participants
with education, cultural, social and emotional activities designed to provide good life skills and prepare
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
them to become contributing members of society. This program runs year-round and meets once per
week with additional trips and outings.
PROGRAM IMPACT: This program has the potential to reduce violent crime associated with youth. gang
participation, drug use and has the potential to increase civic awareness. leadership and the potentia] to
change the landscape of this community through self-empowerment.
FISCAL IMPACT: The County has approved the funding for the YVPP program for this funding cycle.
RM Lee, Community Development Center, submitted a budget with their RFP and the Steering
Committee approved said budget. All expenses submitted for reimbursement will fall under the
approved budget. The City will be reimbursed via the County for all expenses incurred.
ALTERNATIVES: Not to approve the service agreement.
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City ~anager's Signature
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Department Name City Attorney / Finance
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1 RESOLUTION R09-
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3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY
6 MANAGER AND CITY CLERK TO EXECUTE A
7 YOUTH EMPOWERMENT CENTER SERVICES
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH, FLORIDA, AND RM LEE, COMMUNITY
10 DEVELOPMENT CENTER FOR SUB-GRANT
11 FUNDING IN THE AMOUNT OF $22,000.00; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, the City of Boynton Beach has entered into an agreement with the Board
15 of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth
16 Empowerment Center to curtail violent and criminal behavior by providing holistic activities
17 geared toward improving the livelihood of the participants; and
18 WHEREAS, the City of Boynton Beach was granted $285,000.00, of which
19 $117,800.00 was designated to be sub-granted to service providers; and
20 WHEREAS, the Youth Violence Prevention Program Steering Committee has
21 eviewed and approved RM Lee, Community Development Center's application and has
22 ranted them $22,000.00.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
24 OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 eing true and correct and are hereby made a specific part of this Resolution upon adoption
27
28 Section 2. The City Commission of the City of Boynton Beach, Florida does
29 ereby approve and authorize the City Manager and City Clerk to execute a Youth
30 mpowerment Center Services Agreement with RM Lee, Community Development Center
:\CA IRESO\AgreementslGrants\ YVVP - Subgrant - RM LEE.doc
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] including a sub-grant in the amount of $22,000.OU, a copy of the ScnlC,' ,\greenh'll
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2 [attached hereto and made a part hereof as Exhibit "A"
3 Section 3. This Resolution \\'ill become effective immediately upon passage
1 PASSED AND ADOPTED this day of February, 2009.
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5 i CITY OF BOYNTON BEACH. FLORIDA
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8 I Mayor - Jerry Taylor
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11 Vice Mayor - Jose Rodriguez
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14 Commissioner - Ronald Weiland
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17 i Commissioner - WoodrO\N L. Hay
18 ~TrEST.
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20 Commissioner - Marlene Ross
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23 fnet M. Prainito, CMC
24 ity Clerk
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26 l COIporate Seal)
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 225 N.W. 12th Ave.,
Boynton Beach, Florida 33435 and a mailing address of 225 N.W. 1ih Ave., Boynton Beach,
Florida 33435 (the "City") and RM Lee, Community Development Center, 900 N. Seacrest Blvd.,
Boynton Beach, Florida 33435 (the "Provider").
WITNESSETH
WHEREAS, by Resolution No. 0l?J ..11 ~, the Boynton Beach City Commission approved
an lnterlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "A" (which services are hereinafter referred to as
the "Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 225 N.W. 1ih Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
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) .~ Provider shall render the Services in a diligent. careful and Ihorough manner
consistent with good business practice. Time shall be of the essence with respect to all maULT', qet
forth in this Agreement.
1.3 Provider shall have all prospective statT complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national background checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement. however, shall impose any responsibilitic~ (If
obligations on the City in connection with performance or actions of any staff hired by Provider.
The City reserves the right to require Provider to dismiss any staff working under it \\hosc
performance or actions are detrimental to the Project or who is involved in misconduct drug use.
alcohol consumption or use or possession of firearms on City propeliy.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
monthly update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about any
participant injury or accident and complete an "Accident/Incident Form:' If the injury required first
aid, the instructor must notify the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before 311d
after each program.
') COMPENSATION.
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2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Twenty-
Two Thousand Dollars- ($22,000.00) ("Contract Amount") with Seven Thousand Dollars
($7,000.00) provided for Life Skills, and Fifteen Thousand ($15,000.00) provided for Lamplighter's
Mentoring Program. based on the fees set forth in Exhibit "A" attached hereto. The Contract
Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the
Services and the performance of any and all of its other obiigations hereunder and shall include an)
out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the
Provider by the City is contingent upon reimbursement from the County in accordance with the
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terms of the Interlocal Agreement.
2.2 Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
(1oth) of each month using the Reimbursement Request Form attached hereto as Exhibit "B", along
with a monthly report including participants' names, date of birth, school attended, GP A, class
days/times, registered participants and daily attendance sign-in and all sUPjorting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 225 N.W. 12 Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "Effective Date") and shall continue until September
30,2009 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENT A TIONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate or governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Dulv Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
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Entity Crimes Act (Section 287.1 ~3, Florida Statutcc,)
5. STANDARD OF CARE. The standard of care for all Services performed or furnished h\
Provider under this Agreement will be the care and skill ordinarily used by members of Provider'"
profession practicing under similar circumstances or at the same time and in the same locality
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement.
Provider shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it !~ an
independent contractor of the City and is not an employee of the City. Provider more specifically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance: will be solely and
exclusively responsible for payment of all federal and state income. social security, unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the Cit:- to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the term of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider's duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services perfornled
under this Agreement for three (3) years following completion of the Services, or conclusion of any
litigation regarding this Agreement. The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice. with regard to the Services provided to the lity
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the City.
9. INSURANCE.
9.1 Provider shall purchase [rom and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth
below which may arise out of or result from performance under this Agreement by Provider. or oy a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider. or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits l)f
liability. Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability - coverage in the minimum amounts specified below. and
with a maximum deductible of$25,000 per occurrence.
SERV 1008
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General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any amount withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
SERV 1008
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0109 5
othenvise. The parties mutually acknO\'\ledge that the provisions 01 ~725.0X. i'b. StaL havc tln'j
fulfilled and govern this provision. This paragraph shall not be construed to require Prmldcf )','
indemnify the City for its own negligence, or intentional acts of the City. its agents or emplmt'c.'.
This clause shall survive the expiration or tem1ination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, 'with or
without cause, and for its convenience, upon five (5) days written notice to Provider. [n the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider
for all authorized work satisfactorily performed through the termination date under the payment
terms set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition of
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided
for under this Agreement shall be sent by certified mail, return receipt requested. postage prepaid, in
the case of mailing, or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement.
attention: Wanda Akins or to the City, at the address on the first page of this Agreement, attention:
City Administrator, with a copy to the City Attorney, or to such other address or person as shall bc
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in perfonning the Services for the City, Provider is not
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to pertonn
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number fiJf
purchasing supplies or materials.
14. A V AILABILITY OF FUNDS. This Agreement IS expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRIMINA TION. Provider shall not discriminate against any employee or
applicant for employment or in the provision of Services because of race, color. religion. sex,
national origin, age, disability, familial status, marital status or sexual orientation, or any other
factor which cannot be lawfully used as a basis for service delivery.
SERV 1008
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16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake,
volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one
of the foregoing conditions interferes with contract performance, then the party affected may be
excused from performance on a day-for-day basis to the extent such party's obligations relate to the
performance so interfered with; provided, the party so affected shall use reasonable efforts to
remedy or remove such causes of non-performance. The party so affected shall not be entitled to
any additional compensation by reason of any day- for-day extension hereunder.
18. TRUTH-TN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated
under this Agreement are accurate, complete and current and the time of contracting. The fees and
expenses payable under this Agreement shall be adjusted to exclude any significant sums should the
City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wage rates or due to inaccurate representations of fees paid to outside Providers. The City shall
exercise its rights under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this
Agreement. The Provider further represents that no person having any interest shall be employed or
engaged by it for said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship business
association or other circumstance, which may influence or appear to influence Provider's exercise
of judgment or quality of the Services being provided under this Agreement. Provider, its officers,
personnel, subsidiaries and subcontractors shall not perform services for any third party that would
in any way be in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to
undertake and shall request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the
Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30)
calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
City, the prospective business association, interest or circumstance would not constitute a conflict of
interest by the Provider, the City shall so state in its opinion and the Provider may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Provider under this Agreement.
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19.4 In the event Provider is permitted to utilize subcontractors to perform any scnlcc:,
required by this Agreement. Provider agrees to prohibit such subcontractors. h) written contrac1.
from having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that
Provider and its subcontractors under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within 36 months from
the date of submitting a proposal for this Agreement or entering into this Agreement. Violation or
this section may result in termination of this Agreement and recovery of all monies paid hereto. and
may result in debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certities to the best of its knowledge and betief
that no funds or other resources received from the State in connection with this Agreement will be
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm
Beach, which is incorporated herein by this reference. Provider shall comply with the smalJ
business commitment contained in Consultant's Proposal. Provider shall maintain all relevant
records and information necessary to document compliance with the Small Business Ordinance and
shall allow the City to inspect and audit such records.
'Y' GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of
~-'. the parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper
venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal
Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida
based upon improper venue or .thrum nonconveniens. To ENCOURAGE PROMPT AND EQUlT ABU:
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIA.L BY JURY 1'\
ANY LITIGA TION RELA TED TO THIS AGREEMENT.
24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of anyone or more of the covenants.
conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent
or other breach of the same or any covenant, condition or provision of this Agreement.
2.6. HEADINGS. The headings contained in this Agreement are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement
and understanding of the parties hereto with respect to the subject matter hereof and supersede all
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: CITY OF BOYNTON BEACH
By: By:
City Clerk City Manager
Date: ,2009
CITY ATTORNEY'S OFFICE
Approved as to form and legal sufficiency
By:
Date:
PROVIDER:
WITNESSES: RM Lee Community Development
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,2009
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Exhibit A
RM Lee Community Development
Program Narrative:
The Employment Skills portion of this program is designed to assist juvenile residents ages 11- I Y
to develop the basic and technical skills they need for wage and self employment and too enable
them to position themselves to take advantage of current and upcoming economic opportunities in
the form of jobs, sub-contracting, and micro business. The program will enable youth to know
where to look for jobs, how to dress, proper use of language, and resume writing. In addition, the
program provider has and will make contact with local business leaders and community leaders to
find employment opportunities for our youth. Social counseling, academic oversight and
reinforcement of life skills are also an essential aspect to this program. This program will run on
Tuesday evenings beginning February 3rd and go through September 9th. Youth will be in
session for one hour during each week. Because of the length of this program and the flexibility
of the curriculum, youth can enroll at any time. This program can serve as many as 50 per
session, each session lasts 8 weeks with 2-hour classes once a week, totaling 16 hours worth of
instruction during each session.
Performance Measures:
1. Youth gain self-awareness and self-esteem
2. Youth over the age of 18 will be employable
3. Youth will be able to write a resume and keep it updated.
4. Youth will be able to sit and go through a mock interview and be graded and guided in areas
of weaknesses.
Program Narrative:
The second part of this program provided by RM Lee is offered through a sub contractor,
Lamplighters. The program goals are to provide participates with educational, cultural, social,
emotional and psychological activities designed to provide good life skills and prepare them to
become wholesome, successful, productive, and contributing members of our community. In
addition, this program provides mentoring, tutoring, role-playing, good manners/etiquette
training, computer literacy, skill development, lectures, substance abuse prevention counseling
and career counseling by professionals and field trips. This program selects males where there is
a single female presence as head of the household. Youth will also be required to participate in
community service projects such as food for Thanksgiving, perform live step shows, participate
in clothes drives, Anemia walk a thon, and other service projects as they become available. This
program will provide 15 boys ages 11-17 with a male mentor and they will meet 1-2 times per
week. The length of each meeting will be no less than one hour. In addition, trips and outings
are planned on an as needed basis.
Performance Measures:
Youth will be given a pre test and at the end of the program, 80% of students should show a 15 %l
increase in tht:ir understanding and performance. After completing this program youth will be
able to demonstrate a positive reaction to what they have learned and how they have applied it in
their lives. Youth and parents will be post surveyed. Youth will develop a one on one
relationship (life long) to help continue to develop the skill they have learned from the program.
RM Lee Employment Skills Budget
Total Funding Provided by YVPP: $ 7,000.00
Provide the following budget information:
Category Description YVPP Funder A Funder B In-Kind Total
(Name of other (Name of other
funder) funder)
Personnel Facilitator 2,600.00
Supplies Pens, Pencils, Curriculum 1,000.00
Off Site Training, Field Trips 2,000.00
events
Marketing Flyers 200.00
Incentives Movie tickets, gift cards, food 1,200.00
Totals 7,000.00
Questers Service Fund 08-09 Budget
Total Funding Provided by YVPP: $ 15,000.00
Provide the following budget informatIon:
Category Description yvpp Funder A Funder B In-Kind Total
(Name of other (Name of other
funder) funder)
Personnel Facilitator 7,000.00
Mileage Mileage associated with 1,000.00
transporting teams - mentors
Off Site trips Trips taken by mentors and 5,000.00
youth
Mise Food and incentives 2,000.00
Totals 15.00000
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"EXHIBIT B"
yvpp Reimbursement Form
Vendor Name
Description of Items
Date/ Amount Paid
Specifics of Event
When completing this form, you must attach a receipt for the requested reimbursement
items. Under the "Specifics of Event" box, include details about the event/program
including, but not limited to, how many children the program served, the ages of the
children involved, what specific activities/services were offered. If you are requesting
payroll reimbursement, include the hourly rate of employee, and all information regarding
FICA/SS/Medicare etc. If you have any questions, please contact Sgt. Suzanne Gitto at
561. 742.6141.
VI.-CONSENT AGENDA
ITEM C.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16,2008 December I, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5,2009 (Noon) o March 17, 2009 March 2, 2009 (Noon)
X February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF D Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve by resolution the service agreement between the City of Boynton Beach,
Florida (City) and Boynton Fishing Academy, Hooked on Fishing Not on Drugs, authorizing the City to
enter into an agreement to sub-grant funding in the amount of $8,000 to Boynton Fishing Academy,
Hooked on Fishing Not on Drugs, as a partner in the continued planning and implementation of the
Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach.
EXPLANATION: The City of Boynton Beach originally entered into an interlocal agreement with the
Board of County Commissioners, Palm Beach County, Florida (County) on February 27, 2007. The
agreement outlined the City's duties and responsibilities within the concept of developing a Youth
Empowerment Center. The center opened on February 9, 2008 in conjunction with the City's Parks and
Recreation Department's grand opening of the Carolyn Sims Center. Each year the YVPP selects
service providers to offer programs in the center addressing issues from tutoring to gang prevention and
intervention. For this years funding cycle, the City was granted $285,000 of which $117,800 was
designated to be sub-granted to service providers. On November 5, 2008, the YVPP Steering
Committee met and reviewed the RFP's submitted for this funding cycle. The Steering Committee
approved Boynton Fishing Academy, Hooked on Fishing Not on Drug's application and granted them
$8,000 for their program.
This program seeks to help reduce gang violence, give participants a healthier alternative to gang
activity, improve family relationships, offer positive role models and build in students a sense of civic
responsibility, self esteem, ethics, and environmental stewardship. Through the program, the
participants will learn valuable decision-making skills, problem solving techniques, character
development, and goal setting. The program runs year-round and meets twice per week with one session
dedicated to more classroom type learning and the other session dedicated to an actual "on the water"
fishing expedition.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: This program has the potential to reduce violent crime associated with youth. gang
participation, drug use and has the potential to increase civic awareness, leadership and the potential to
change the landscape of this community through self-empowerment.
FISCAL IMPACT: The County has approved the funding for the YVPP program for this funding cycle.
Boynton Fishing Academy, Hooked on Fishing Not of Drugs, submitted a budget with their RFP and the
Steering Committee approved said budget. All expenses submitted for reimbursement will fall under the
approved budget. The City will be reimbursed via the County for all expenses incurred.
AL TERNA TlVES: Not to approve the service agreement.
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City Manager's Signature
A~ \0 C;ty Man'g" ~
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Department Name City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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1 RESOLUTION R09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY
6 MANAGER AND CITY CLERK TO EXECUTE A
7 YOUTH EMPOWERMENT CENTER SERVICES
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH, FLORIDA, AND BOYNTON FISHING
10 ACADEMY, HOOKED ON FISHING NOT ON
11 DRUGS FOR SUB-GRANT FUNDING IN THE
12 AMOUNT OF $8,000.00; AND PROVIDING AN
13 EFFECTIVE DATE.
]4
]5 WHEREAS, the City of Boynton Beach has entered into an agreement with the Board
]6 of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth
]7 Empowerment Center to curtail violent and criminal behavior by providing holistic activities
]8 geared toward improving the livelihood of the participants; and
19 WHEREAS, the City of Boynton Beach was granted $285,000.00, of which
20 $117,800.00 was designated to be sub-granted to service providers; and
2] WHEREAS, the Youth Violence Prevention Program Steering Committee has
22 reviewed and approved Boynton Fishing Academy, Hooked on Fishing Not on Drugs'
23 application and has granted them $8,000.00.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
25 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
30 hereby approve and authorize the City Manager and City Clerk to execute a Youth
S:ICAIRESO\Agreements--Grants\YVVP - Subgrant- Fishing Academy.doc
]
] ,Empowerment Center Services Agreement \vith Boynton Fishing. .\caJel1l\. Houh:.\.'d ,\! l
2 Fishing Not on Drugs including a sub-grant in the amount of $8.000.00. a COpy of the Service
3 Agreement is attached hereto and made a part hereof as Exhibit "A"
4 Section 3. This Resolution will become effective immediately upon passage.
S PASSED AND ADOPTED this day of February. 2009.
6 CITY OF BOYNTON BEACH. FLORIDA
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9 Mayor .... Jerry Taylor
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12 Vice Mayor - Jose Rodriguez
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15 Commissioner - Ronald Weiland
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18 Commissioner - Woodrow L. Hay
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21 I ATTEST: Commissioner ... Marlene Ross
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23
24 Janet M. Prainito, CMC
25 City Clerk
26 I
27 i
28 I
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s Ie AIRES()IAgreementslGrantslYVVP . Subgrant - Fishing Academy doc
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 225 N.W. 12th Ave.,
Boynton Beach, Florida 33435 and a mailing address of 225 N.W. 12th Ave., Boynton Beach,
Florida 33435 (the "City") and Boynton Fishing Academy, Hooked on Fishing Not on Drugs, 7067
Peninsula Court, Lake Worth, Florida 33467 (the "Provider").
WITNESSETH
WHEREAS, by Resolution No. 00-11 ~, the Boynton Beach City Commission approved
an Interlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "A" (which services are hereinafter referred to as
the "Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 225 N.W. 12th Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
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1..: Provider shall render the Services in a diligent. careful and thorough manner
consistent with good business practice. Time shall be of the essence with respect to all matters -.;('t
forth in this Agreement.
1.3 Provider shall have all prospective staiT complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national backgronnd checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement, however. shall impose any responsibilities (11'
obligations on the City in connection with performance or actions of any staff hired by Provider.
The City reserves the right to require Provider to dismiss any staff working under it whose
performance or actions are detrimental to the Project or who is involved in misconduct, drug use.
alcohol consumption or use or possession of firearms on City property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
monthly update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about any
participant injury or accident and complete an "Accident/Incident Form:' If the injury required iirst
aid, the instructor must notify the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before and
after each program.
..., COMPENSA TION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Eight
Thousand Dollars- ($8,000,00) ("Contract Amount") based on the fees set forth in Exhibit ".:\'''
attached hereto. The Contract Amonnt shall be the sole amount reimbursed to Provider in
connection with the rendition of the Services and the performance of any and all of its other
obligations hereunder and shall include any out-of-pocket or other expenses, including travel
expenses") incurred b:y Provider. Payment to the Provider by the City is contingent upon
reimbursement from the County in accordance with the terms of the Interlocal Agreement.
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2.2 Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
(10th) of each month using the Reimbursement Request Form attached hereto as Exhibit "'B", along
with a monthly report including participants' names, date of birth, school attended, GP A, class
days/times, registered participants and daily attendance sign-in and all sUPforting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 225 N.W. I2t Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "'Effective Date") and shall continue until September
30, 2009 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate or governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes).
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5. STANDARD OF CARE. The standard of care for all Services performed or furnished h)
Provider under this Agreement will be the care and skill ordinarily used by members of Provider:.;
profession practicing under similar circumstances or at the same lime and in the same locality.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement
Provider shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it IS an
independent contractor of the City and is not an employee of the City. Provider more specifically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; will be solely and
exclusively responsible for payment of all federal and state income, social security, unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the City to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the tenn of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider's duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed
under this Agreement for three (3) years following completion of the Services, or conclusion of any
litigation regarding this Agreement The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice, with regard to the Services provided to the City
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the City.
9. INSURANCE.
9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set tl1rth
below which may arise out of or result from performance under this Agreement by Provider, or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider. or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of
liability. Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability - coverage in the minimum amounts specified below. and
with a maximum deductible of $25,000 per occurrence.
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General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any amount withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. The parties mutually acknowledge that the provisions of 9725.08, Fla. Stat., have been
SERV 1008
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fulfilled and govern this provision. This paragraph shall nul Ill' construed to requIre PrO\ Icier "
indemnify the City for its own negligence, or intentional acts of the City. its agenh Ill' emplmee'
This clause shall survive the expiration or tCTInination nfthis .\greement.
II. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part. with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider
for all authorized work satisfactorily performed through the termination date under the payment
telms set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition of
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications req uired or provided
for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in
the case of mailing. or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement.
attention: Wanda Akins or to the City, at the address on the first page of this Agreement, attention:
City Administrator, with a copy to the City Attorney, or to such other address or person as shall he
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number t()r
purchasing supplies or materials.
14. A V AILABILITY OF FUNDS. This Agreement IS expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or
applicant for employment or in the provision of Services because of race, color, religion. sex.
national origin, age, disability, familial status, marital status or sexual orientation, or any other
factor which cannot be lawfully used as a basis for service delivery.
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16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake,
volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one
of the foregoing conditions interferes with contract performance, then the party affected may be
excused from performance on a day-for-day basis to the extent such party's obligations relate to the
performance so interfered with; provided, the party so affected shall use reasonable efforts to
remedy or remove such causes of non-performance. The party so affected shall not be entitled to
any additional compensation by reason of any day-for-day extension hereunder.
18. TRUTH-IN-NEGOTIA TION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated
under this Agreement are accurate, complete and current and the time of contracting. The fees and
expenses payable under this Agreement shall be adjusted to exclude any significant sums should the
City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wage rates or due to inaccurate representations of fees paid to outside Providers. The City shall
exercise its rights under this provision within one (1) year following final payment
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this
Agreement. The Provider further represents that no person having any interest shall be employed or
engaged by it for said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship business
association or other circumstance, which may influence or appear to influence Provider's exercise
of judgment or quality of the Services being provided under this Agreement. Provider, its officers,
personnel, subsidiaries and subcontractors shall not perform services for any third party that would
in any way be in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to
undertake and shall request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the
Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30)
calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
City, the prospective business association, interest or circumstance would not constitute a conflict of
interest by the Provider, the City shall so state in its opinion and the Provider may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Provider under this Agreement.
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19.4 In the event Provider is permitted to utilize subcontractors to perform any senlCC~
required by this Agreement. Provider agrees to prohibit such subcontractors. by written contract.
from having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133. Florida Statutes). and certifies that
Provider and its subcontractors under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within 36 months from
the date of submitting a proposal for this Agreement or entering into this Agreement. Violation \\1'
this section may result in termination of this Agreement and recovery of all monies paid hereto.. and
may result in debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief
that no funds or other resources received from the State in connection with this Agreement will he
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm
Beach, which is incorporated herein by this reference. Provider shall comply with the small
business commitment contained in Consultant's Proposal. Provider shall maintain all relevant
records and information necessary to document compliance with the Small Business Ordinance and
shall allow the City to inspect and audit such records.
23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of
the parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal cOUlis located in Florida. The parties agree that proper
venue for any suit concerning this Agreement shall be Palm Beach County. Florida. or the Federal
Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida
based upon improper venue or feJrum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION. EACH PARTY HEREBY WAIVES lTS RIGHTS TO A TRIAL BY JURy 1"-
ANY UTIGA nON RELA TED TO THIS AGREEMENT.
24. SEVERABILITY. In the event that any sentence. section. paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason. such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of anyone or more of the covenants.
conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent
or other breach of the same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided tor convenience only
and shall not be considered in construing. interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement
and understanding of the parties hereto with respect to the subject matter hereof and supersede all
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: CITY OF BOYNTON BEACH
By: By:
City Clerk City Manager
Date: ,2009
CITY ATTORNEY'S OFFICE
Approved as to form and legal sufficiency
By;
Date:
PROVIDER:
WITNESSES: Boynton Fishing Academy, Hooked on
Fishing
~1tD ~
P't ~. " .V1u
Print NameQ I LHAtto &0011 \1\
~~ru Title: LcD
Printed Name:S ~ I /'5
Date: , J ,2009
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Exhibit /\
Hooked on Fishing Not on Drugs
Program Narrative:
The Hooked on Fishing Not on Drugs program seeks to help reduce gang violence, give the
participant a healthier alternative to gang activity and drug use, improve family relationships,
offer positive role models and build in students a sense of civic responsibility, self-esteem, ethics.
and environmental stewardship. Throughout the program, the participants will learn valuable
decision-making skills, problem solving techniques, character development, and goal setting.
The program serves 15-25 youth, ages 11-18, and runs year-round. The program meets twice per
week with one session dedicated to more classroom type learning and the other session dedicated
to an actual "on the water" fishing expedition.
Performance Measures:
1. Students will learn to fish.
2. Students will remain drug-free.
3. Students will have the ability to catch, prepare, and cook fish.
4. Students will have entry into competitive fishing arenas.
5. Students will have a permanent role model.
Hooked on Fishing Not on Drugs 08-09 Budget
Total Funding Provided by YVPP: $ 8,000.00
Provide the followina budget information:
Category Description yvpp Funder A Funder B In-Kind Total
(Name of other (Name of other
funder) funder}
Personnel Instructor, facilitator, recruiter 4,600.00
Incentives Food, movie tickets, etc 200.00
Equipment Fishing Rods, Virtual Fishing, 600.00 3,500.00
Supplies Bait and Tackle 650.00 400.00
Travel Boating trips with youth
1,000.00
Marketing Flyers, ads 650.00 700.00
licenses Fishing License 300.00
200.00
1,330.00
Totals 8,000.00 6,130.00 14,130.00
"EXHIBIT B"
---------------------.----.----
I yvpp Reimbursement Form
Vendor Name
. ._--_._~._-----~------_._-~--~-
Descri tion of Items
I
Date/Amount Paid
--~--~----
S ecifics of Event
I
i
l _._----~_._--_.._._- -
When completing this form, you must attach a receipt for the requested reimbursement
items. Under the "Specifics of Event" box, include details about the event/program
including, but not limited to, how many children the program served, the ages of the
children involved, what specific activities/services were offered. If you are requesting
payroll reimbursement, include the hourly rate of employee, and all information regarding
FICA/SS/Medicare etc. If you have any questions, please contact Sgt. Suzanne Gitto at
561.742.6141.
VI.-CONSENT AGENDA
ITEM C.6.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM - r-~
- tTlG
0"\ 71-<
A:iE
:J:Ja <fi-i
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Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be torSted ~G:J
Meeting Dates in to City Clerk's Office Meeting. Dates in to City Clerk's Offi~ ~~
- . t'l)
D December 16, 2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon) ::
D January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17.2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2, 2009 (Noon)
X February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
D Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Approve by resolution the service agreement between the City of Boynton Beach,
Florida (City) and Unlimited Dance and Art, authorizing the City to enter into an agreement to sub-grant
funding in the amount of $26,000 to Unlimited Dance and Art, as a partner in the continued planning
and implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of
Boynton Beach.
EXPLANATION: The City of Boynton Beach originally entered into an interlocal agreement with the
Board of County Commissioners, Palm Beach County, Florida (County) on February 27, 2007. The
agreement outlined the City's duties and responsibilities within the concept of developing a Youth
Empowerment Center. The center opened on February 9, 2008 in conjunction with the City's Parks and
Recreation Department's grand opening of the Carolyn Sims Center. Each year the YVPP selects
service providers to offer programs in the center addressing issues from tutoring to gang prevention and
intervention. For this years funding cycle, the City was granted $285,000 of which $117,800 was
designated to be sub-granted to service providers. On November 5, 2008, the YVPP Steering
Committee met and reviewed the RFP's submitted for this funding cycle. The Steering Committee
approved Unlimited Dance and Art's application and granted them $26,000 for their program.
This program is designed to curtail violent and criminal behavior by providing holistic activities
consisting of cultural enrichment specifically geared toward improving the livelihood of the participants.
This component will consist of a combination of the arts, social counseling, and reinforcement of
necessary life skills. These programs run year-round and meet three days per week.
PROGRAM IMPACT: This program has the potential to reduce violent crime associated with youth, gang
participation, drug use and has the potential to increase civic awareness, leadership and the potential to
change the landscape of this community through self-empowerment.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The County has approved the funding for the YVPP program for this funding cycle.
Unlimited Dance and Art submitted a budget with their RFP and the Steering Committee approved said
budget. All expenses submitted for reimbursement will fall under the approved budget. The City will be
reimbursed via the County for all expenses incurred.
AL TERNA TIVES: Not to approve the service agreement.
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City anager's Signature
i A. C' M Ii '!"'ltA -
I SSlstant to In, anager Vi"" L--"'"""
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Department Name City Attorney' Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST fORMDClC
,
1 RESOLUTION R09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY
6 MANAGER AND CITY CLERK TO EXECUTE A
7 YOUTH EMPOWERMENT CENTER SERVICES
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH, FLORIDA, AND UNLIMITED DANCE AND
10 ART FOR SUB-GRANT FUNDING IN THE AMOUNT
11 OF $26,000.00; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the City of Boynton Beach has entered into an agreement with the Board
15 of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth
16 Empowerment Center to curtail violent and criminal behavior by providing holistic activities
17 geared toward improving the livelihood of the participants; and
18 WHEREAS, the City of Boynton Beach was granted $285,000.00, of which
19 $117,800.00 was designated to be sub-granted to service providers; and
20 WHEREAS, the Youth Violence Prevention Program Steering Committee has
21 reviewed and approved Unlimited Dance and Art's application and has granted them
22 $26,000.00.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
24 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does
29 hereby approve and authorize the City Manager and City Clerk to execute a Youth
30 Empowerment Center Services Agreement with Unlimited Dance and Art including a sub-
S:\CA\RESO\Agreement~Grants\YVVP - Subgrant- Unlimited Dance.doc
1
1 grant in the amount of $26.000.00, a copy of the '-;cnicc A.grecment is attached hereln :lnd
::: made a part hereof as Exhibit "/\"
.) Section 3. This Resolution will become effective immediately upon passage.
4 PASSED AND ADOPTED this..__~ day of February, 2009.
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 Mayor Jerry Taylor
9
10
II Vice Mayor - Jose Rodriguez
12
13
14 Commissioner - Ronald Weiland
15
16
17 Commissioner - Woodrow L. Hay
18
]9
20 IA TTEST: Commissioner - Marlene Ross
21
n I
23 Janet M. Prainito, CMC
24 City Clerk
25
26
27
28 (Corporate Seal)
21) I
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i
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I
~ leA \RESO\AgreemenlslGrants\ YVvp.. Subgrant.. Unlimited Dance doc
1 1
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 225 N.W. 12th Ave.,
Boynton Beach, Florida 33435 and a mailing address of 225 N.W. 12th Ave., Boynton Beach,
Florida 33435 (the "City") and Unlimited Dance and Art, 225 N.W. 1ih Ave., Boynton Beach,
Florida 33435 (the "Provider").
WITNESSETH
WHEREAS, by Resolution No. 00-1 (L-{, the Boynton Beach City Commission approved
an Interlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "A" (which services are hereinafter referred to as
the "Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 225 N.W. 12th Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
SERV 1008
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0109 1
1.2 Provider shall render the Services in a diligent. careful and thorough manner
consistent with good business practice. Time shall be of the essence with respect to all matters set
forth in this Agreement.
1.3 Provider shall have all prospective staff complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national background checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or
obligations on the City in connection with performance or actions of any staff hired by Provider.
The City reserves the right to require Provider to dismiss any staff working under it whose
performance or actions are detrimental to the Project or who is involved in misconduct, drug use.
alcohol consumption or use or possession of firearms on City property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
monthly update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about any
participant injury or accident and complete an "Accident/Incident Form." If the injury required first
aid, the instructor must notify the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before and
after each program.
') COMPENSATION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Twenty-Six
Thousand Dollars- ($26,000.00) ("Contract Amount") based on the fees set forth in Exhibit ../\ ,.
attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in
connection with the rendition of the Services and the performance of any and all of its other
obligations hereunder and shall include any out-of.pocket or other expenses, including travel
expenses, incurred by Providci. Payment to the Provider by the City is contingent upon
reimbursement from the County in accordance with the terms of the Interlocal Agreement.
SERV 1008
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0109 ..,
-
2.2 Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
(10th) of each month using the Reimbursement Request Form attached hereto as Exhibit "B", along
with a monthly report including participants' names, date of birth, school attended, OP A, class
days/times, registered participants and daily attendance sign-in and all supporting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 225 N.W. Ii Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "Effective Date") and shall continue until September
30,2009 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENT A TrONS, W ARRANTrES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate Of governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes).
SERV 1008
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0109 3
5. STANDARD OF CARE. The standard of care for all Services performed or furnished h\
Provider under this Agreement will be the care and skill ordinarily used by members of Provide! ."
profession practicing under similar circumstances or at the same time and in the same locality
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement.
Provider shall comply in all material respects with all applicable federal and state laws and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it !::-. In
independent contractor of the City and is not an employee of the City. Provider more specifically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; will be solely and
exclusively responsible for payment of all federal and state income. social security. unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the City to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to an)
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the term of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider' s duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records tDr the Services perfDrmed
under this Agreement for three (3) years following completion of the Services, or conclusion of any
litigation regarding this Agreement. The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice. with regard to the Services provided to the City
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the City.
9. INSURANCE.
9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth
below which may arise out of or result from performance under this Agreement by Provider. or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the fDllowing limits of
liability. Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability - coverage in the minimum amounts specified below. and
with a maximum deductible of $25,000 per occurrence.
SERV 1008
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0]09 4
General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any amount withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. The parties mutually acknowledge that the provisions of 9725.08, Fla. Stat., have been
SERV 1008
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0]09 5
fulfilled and govern this provision. This paragraph shall not he construed to require PrO\lder "
indemnify the City for its own negligence. or intentional acts of the City. its agents or cmp](\\,:v',
This clause shall survive the expiration or tennination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider
for all authorized work satisfactorily performed through the termination date under the payment
terms set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition of
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided
for under this Agreement shall be sent by certified mail, return receipt requested. postage prepaid. in
the case of mailing, or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement.
attention: Wanda Akins or to the City, at the address on the first page of this Agreement, attention:
City Administrator, with a copy to the City Attorney, or to such other address or person as shall he
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number for
purchasing supplies or materials.
14. A V AILABILITY OF FUNDS. This Agreement IS expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRlMINA TION. Provider shall not discriminate against any employee or
applicant for employment or in the provision of Services because of race, color, religion. sex.
national origin, age, disability, familial status, marital status or sexual orientation. or any other
factor which cannot be lawfully used as a basis for service delivery.
SERV 1008
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16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake,
volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one
of the foregoing conditions interferes with contract performance, then the party affected may be
excused from performance on a day-for-day basis to the extent such party's obligations relate to the
performance so interfered with; provided, the party so affected shall use reasonable efforts to
remedy or remove such causes of non-performance. The party so affected shall not be entitled to
any additional compensation by reason of any day- for-day extension hereunder.
18. TRUTH-IN-NEGOTIA TION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated
under this Agreement are accurate, complete and current and the time of contracting. The fees and
expenses payable under this Agreement shall be adjusted to exclude any significant sums should the
City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wage rates or due to inaccurate representations of fees paid to outside Providers. The City shall
exercise its rights under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this
Agreement. The Provider further represents that no person having any interest shall be employed or
engaged by it for said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship business
association or other circumstance, which may influence or appear to influence Provider's exercise
of judgment or quality of the Services being provided under this Agreement. Provider, its officers,
personnel, subsidiaries and subcontractors shall not perform services for any third party that would
in any way be in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to
undertake and shaH request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the
Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30)
calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
City, the prospective business association, interest or circumstance would not constitute a conflict of
interest by the Provider, the City shall so state in its opinion and the Provider may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Provider under this Agreement.
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19.4 In the event Provider is permitted to utilize subcontractors to perform any sen lec.',
required by this Agreement. Provider agrees to prohibit such subcontractors. bv \'vTitten contract.
from having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreemel1l
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that
Provider and its subcontractors under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within 36 months from
the date of submitting a proposal for this Agreement or entering into this Agreement. Violation (11'
this section may result in termination of this Agreement and recovery of all monies paid hereto. and
may result in debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief
that no funds or other resources received from the State in connection with this Agreement will be
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm
Beach, which is incorporated herein by this reference. Provider shall comply with the small
business commitment contained in Consultant's Proposal. Provider shall maintain all relevant
records and information necessary to document compliance with the Small Business Ordinance and
shall allow the City to inspect and audit such records.
23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of
the parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper
venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal
Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida
based upon improper venue or forum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY 1"1
ANY LITIGATION RELATED TO THIS AGREEMENT.
24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason. such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of anyone or more of the covenants.
conditions, or provisions of this Agreement. shall not be construed to be a waiver of any subsequent
or other breach of the same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement
and understanding of the parties hereto with respect to the subject matter hereof and supersede all
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: CITY OF BOYNTON BEACH
By: By:
City Clerk City Manager
Date: ,2009
CITY ATTORNEY'S OFFICE
Approved as to form and legal sufficiency
By:
Date:
PROVIDER:
Unlimited Dance and Art
" ~
, By: \-):lv'n ~ ~~~'"
Print Name: ~I\ c\ VC;_ ~C\ ~ r--.J
" Title: ~\( ( c tv-r
y;'1fw ~)..
Date: ~
/ IS ,2009
/
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Exhibit A
Ultimate Dance and Art Enrichment. Inc.
Program Summary:
This program is designed to curtail violent and criminal behavior by providing holistic activities
consisting of cultural enrichment specifically geared toward improving the livelihood of our
participants. This component will consist of a combination of the arts, social counseling and
reinforcement of necessary life skills. These programs will run year round, three days a week at
the Center for 1 to 2 hours a night. This does not include the service projects and other activities
planned by the provider. Over 50 youth can participate in these classes.
Performance Measures:
Youth will gain self-esteem, discipline, problem solving skills and decision-making skills. In
addition, they will visit art shows and participate in producing product for such shows. They will
learn to dance, play African drums, join book clubs and Girl Scouts. Youth will gain new job
opportunities and skills, youth will perform in community events, youth will increase their
knowledge of music, art and dance.
Unlimited Dance 08-09 Budget
Total Funding Provided by YVPP: $ 26,000.00
Provide the follOWing budget information:
Category Description YVPP Funder A Funder B In-Kind Total
(Name of other (Name of other
funder) funder)
Personnel Project facilitators 13,000.00
Supplies Paper, pencils, workshop 1,500.00
materials
Costumes Performance attire 3,000.00
Printing Brochures and manuals 500.00
Travel Mileage 1,000.00
Purchase of Guest facilitators 2,000.00
Services
Other Field Trips, conferences, 5,000.00
workshops
Totals 26,000.00
"EXHIBIT Fr
_______~~_~_~~___.____m_~ ____ _~~ ~_ ___ _ _ .... --"-
yvpp Reimbursement Form
Vendor Name
-------.-- -- ~---~-~,---
Description of Items
~
Date/ Amount Paid
-,--~~ :
Specifics of Event
._.~------ :
When completing this form, you must attach a receipt for the requested reimbursement
items. Under the "Specifics of Event" box, include details about the event/program
including, but not limited to, how many children the program served, the ages of the
children involved, what specific activities/services were offered. If you are requesting
payroll reimbursement, include the hourly rate of employee, and all information regarding
FICA/SS/Medicare etc. If you have any questions, please contact Sgt. Suzanne Gitto at
561.742.6141.
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.7
AGENDA ITEM REQUEST FORlu - -I~
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Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be ~ed ~~
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's OffIZE c..n 9
a
\D -q.....
c=J December 16,2008 December 1,2008 (Noon) c=J February 17, 2009 .. ....,CiIQ
February 2, 2009 (Noon).s::- C;m
- r1"f~
c=J March 3, 2009 n
o January 6, 2009 December 15,2008 (Noon) February 17,2009 (Noon) :t:
o January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2, 2009 (Noon)
X February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16, 2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve by resolution the service agreement between the City of Boynton Beach,
Florida (City) and Kids Komer TV authorizing the City to enter into an agreement to sub-grant funding
in the amount of $26,000 to Kids Komer TV as a partner in the continued planning and implementation
ofthe Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach.
EXPLANATION: The City of Boynton Beach originally entered into an interlocal agreement with the
Board of County Commissioners, Palm Beach County, Florida (County) on February 27, 2007. The
agreement outlined the City's duties and responsibilities within the concept of developing a Youth
Empowerment Center. The center opened on February 9, 2008 in conjunction with the City's Parks and
Recreation Department's grand opening of the Carolyn Sims Center. Each year the YVPP selects
service providers to offer programs in the center addressing issues from tutoring to gang prevention and
intervention. For this years funding cycle, the City was granted $285,000 of which $117,800 was
designated to be sub-granted to service providers. On November 5, 2008, the YVPP Steering
Committee met and reviewed the RFP's submitted for this funding cycle. The Steering Committee
approved Kids Komer TV's application and granted them $26,000 for their program.
The program engages teens in a creative outlet where they can work together in teams to create, edit and
finalize original movies, commercials and public service announcements. In addition, this program
offers a "beat class" which allows youth to funnel their talents into music, music videos, song writing,
and editing. This program runs year round offering classes twice weekly,
PROGRA..M IMPACT: This program has the potential to reduce violent crime associated with youth, gang
participation, drug use and has the potential to increase civic awareness, leadership and the potential to
change the landscape of this community through self-empowerment.
FISCAL IMP ACT: The County has approved the funding for the YVPP program for this funding cycle.
Kids Korner TV submitted a budget with their RFP and the Steering Committee approved said budget.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
All expenses submitted for reimbursement will fall under the approved budget. The City wili he
reimbursed via the County for all expenses incurred.
AL TERNA TIVES: Not to aD rove the service agreement. ~'
i /~ .--
City Manager's Signature.......
/1,111,-0
.. .-'L.....__~__
Department Name City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA fTEM REQUEST FORMDOC
"
i i
1 RESOLUTION R09.
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY
6 MANAGER AND CITY CLERK TO EXECUTE A
7 YOUTH EMPOWERMENT CENTER SERVICES
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH, FLORIDA, AND KIDS KORNER TV FOR
10 SUB-GRANT FUNDING IN THE AMOUNT OF
11 $26,000.00; AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the City of Boynton Beach has entered into an agreement with the Board
14 of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth
15 Empowerment Center to curtail violent and criminal behavior by providing holistic activities
16 geared toward improving the livelihood of the participants; and
!7 WHEREAS, the City of Boynton Beach was granted $285,000.00, of which
18 $117,800.00 was designated to be sub-granted to service providers; and
19 WHEREAS, the Youth Violence Prevention Program Steering Committee has
20 eviewed and approved Kids Korner TV's application and has granted them $26,000.00.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
22 OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 eing true and correct and are hereby made a specific part of this Resolution upon adoption
25
26 Section 2. The City Commission of the City of Boynton Beach, Florida does
27 ere by approve and authorize the City Manager and City Clerk to execute a Youth
28 mpowerment Center Services Agreement with Kids Korner TV including a sub-grant in the
:\CA\RESO\AgreementSlGrantsWVVP - Subgrant - Kids Komer.doc
I
1 i amount of $26,000.00, a copy of the Service Agreement is attached hereto and made :.1 r"\an
i
2 !hereof as Exhibit "N'
;
i
3 ! Section 3. This Resolution will become effective immediately upon passage.
I
,
, PASSED AND ADOPTED this day of February, 2009.
4 I
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! CITY OF BOYNTON BEACH, FLORIDA
5 ,
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6 I
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7 I
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8 I Mayor - Jerry Taylor
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II I Vice Mayor - .Jose Rodriguez
12 I
13 \
14 Commissioner - Ronald Weiland
15 I
16
17 I Commissioner - Woodrow L. Hay
18
,
19 IA TTEST:
20 Commissioner - Marlene Ross
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23 l.Janet M. Prainito, CMC
24 ICilY Clerk
25
26
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27 I(corporate Seal)
28
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\CA\RESO'Agreement~,Grants\YVVP - Subgrant - Kids Korner doc
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with a physical address of 225 N.W. 12th Ave.,
Boynton Beach, Florida 33435 and a mailing address of 225 N.W. 12th Ave., Boynton Beach,
Florida 33435 (the ....City") and Kids Komer, TV, 225 N.W. 12th Ave., Boynton Beach, Florida
33435 (the "'Provider").
WITNESSETH
WHEREAS, by Resolution No.OO-\ I Y , the Boynton Beach City Commission approved
an Interlocal Agreement with Palm Beach County (the "County") establishing a partnership to
implement the Youth Violence Prevention Project (the "Project"); and
WHEREAS, as part of the Project, the City is establishing Youth Empowerment Centers
within the City to prevent and combat youth violence; and
WHEREAS, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS, Provider offers programs to assist underserved youths with academic
assistance and career guidance; and
WHEREAS, the City desires to enter into this Agreement to provide such services to the
Youth Empowerment Centers; and
WHEREAS, the City desires to engage Provider to assist underserved youth to the City as
part of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City
and Provider do hereby agree as follows:
1. SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and
Program Description attached hereto as Exhibit "A" (which services are hereinafter referred to as
the "'Services") to participants in the Project. The Services shall be provided at the Carolyn Sims
Youth Empowerment Center located at 225 N.W. 12th Ave., Boynton Beach, Florida (the "Center").
The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall
coordinate with Provider to establish a schedule of use for the Services at the Center.
SERV 1008
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1.2 Provider shall render the Services in a diligent careful and thorough manner
consistent with good business practice. Time shall he of the essence ".'ith respect to alJ matters sL't
forth in this Agreement.
1.3 Provider shall have all prospective staff complete a criminal background
investigation. Staff must report to the Boynton Beach Police Department for fingerprinting and
completion of forms needed for national background checks. No staff shall be hired to work with
Provider at the Center until the background check has been returned and cleared by the Boynton
Beach Police Department. YVPP has the right to reject any applicants or staff working under the
direction of Provider. Nothing in this Agreement, however. shall impose any responsihilities ur
obligations on the City in connection with performance or actions of any stafT hired hy Provider.
The City reserves the right to require Provider to dismiss any stafT working under it whose
performance or actions are detrimental to the Project or who is involved in misconduct drug use.
alcohol consumption or use or possession of firearms on City property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider and its staff shall attend training sessions, special events, activity days and a
monthly update meeting as determined by the Director of Parks and Recreation. Attendance at such
sessions and events shall be at Provider's expense and shall not be eligible for reimbursement under
this Agreement.
1.6 Provider shall promptly notify the Department of Parks and Recreation about an)
participant injury or accident and complete an "Accident/Incident Form:' If the i~ury required first
aid, the instructor must notify the Center supervisor immediately. The form must be submitted to
the Department of Parks and Recreation the same day as the incident.
1.7 Smoking, alcohol and profanity are not allowed at City facilities or around
participants.
1.8 Provider is responsible for ensuring that the area it uses is safe and clean before and
after each program.
.., COMPENSA nON.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in
this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Twenty-Six
Thousand Dollars- ($26,000.00) ("Contract Amount") based on the fees set forth in Exhibit .'A"
attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in
connection with the rendition of the Services and the performance of any and all of its other
obligations hereunder and shall include any out-of-pocket or other expenses, including travel
expenses, incurred by Provider. Payment to the Provider by the City is contingent upon
reimbursement from the County in accordance with the terms of the Interloca] Agreement.
SERV 1008
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-
')') Reimbursement Requests. Reimbursement Requests must be submitted by the tenth
-..... (1oth) of each month using the Reimbursement Request Form attached hereto as Exhibit "B", along
with a monthly report including participants' names, date of birth, school attended, GP A, class
days/times, registered participants and daily attendance sign-in and all sUPforting documentation,
to: Director ofYVPP, Stacey Robinson, Carolyn Sims Center, 225 N.W. Ii Ave., Boynton Beach,
Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider
shall supply any further documentation deemed necessary by the County or City including detailed
data for the purposes of evaluation of the Project. The City shall have the right to deny
reimbursement if proper documentation is not submitted.
2.3 Reimbursement. Upon submission of complete and proper Reimbursement Requests,
the City shall promptly submit the Reimbursement Request to Palm Beach County for payment.
Upon receipt of funds from Palm Beach County, the City shall issue payment to Provider.
2.4 No payment made under this Agreement shall be conclusive evidence of the
performance of this Agreement by Provider, either wholly or in part, and no payment shall be
construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or
incomplete rendition of the Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date
executed by the later of Provider and City (the "Effective Date") and shall continue until September
30, 2009 subject to renewal or termination as provided in this Agreement. This Agreement may be
renewed upon the sole discretion of the City subject to available funding and provided that the
Interlocal Agreement with Palm Beach County is renewed or extended.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power
and authority to enter into this Agreement and fully perform its obligations hereunder without the
need for any further corporate or governmental consents or approvals, and that the persons
executing this Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services
under this Agreement and that it will continue to maintain all licenses and approvals required to
conduct its business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Provider, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for Provider, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall
have the right to terminate the Agreement without liability and, at its discretion, to deduct from the
contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public
Entity Crimes Act (Section 287.133, Florida Statutes).
SERV 1008
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). ST ANDARD OF CARE. The standard of care for all Services perfonned O[ furnished 1'\
Provider under this Agreement will be the care and skill ordinarily used by members of ProvIde!
profession practicing under similar circumstances or at the same time and in the same locality
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement.
Provider shall comply in all material respects with all applicable federal and state lav.'s and
regulations and all applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it I'. an
independent contractor of the City and is not an employee of the City. Provider more specifically
acknowledges that: it will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; will be solely and
exclusively responsible for payment of all federal and state income, social security. unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the City to
Provider hereunder. Provider acknowledges that it shall have no authority to bind City to an)
contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other
engagements and/or employment during the term of this Agreement so long as such other
employment or engagements do not interfere with the performance of Provider' s duties hereunder.
Provider shall be responsible to the City for all work or services performed by Provider or any
person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this
Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed
under this Agreement for three (3) years following completion of the Services, or conclusion of any
litigation regarding this Agreement. The City shall have the right to audit Provider's books and
records, at the City's expense, upon prior notice, with regard to the Services provided to the City
hereunder. Failure by Provider to permit such audit shall be grounds for termination of this
Agreement by the City.
9. INSURANCE.
9.1 Provider shall purchase from and maintain, in a company or companies lawtully
authorized to do business in Florida, such insurance as will protect the City from claims set forth
below which may arise out of or result from performance under this Agreement by Provider. or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone
for whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits 01
liability. Coverages shall be maintained without interruption from the Effective Date of this
Agreement until date of final payment and termination of any coverage required to be maintained
after final payment. Any liability coverage on claims made basis shall remain effective for five (5)
years after final payment.
(1) General Liability - coverage in the minimum amounts specified beloVo - and
with a maximum deductible of $25,000 per occurrence.
SERV 1008
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0109 4
General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liabilitv $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer's Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this
Agreement. These Certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for
non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability
coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages
are required to remain in force after final payment, an additional certificate evidencing continuation
of such coverage shall be submitted along with the application for final payment. The Provider
shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall
specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate
of Insurance shall be dated and show the name of the insured Provider, the specific Project or
Agreement by name and RFP or Procurement number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages
that may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage, injury
or death arises out of or is incidental to or in any way connected with Provider's performance of the
Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the
provision of the Services under this Agreement; (b) property damage or personal injury, which
damage, injury or death arises out of or is incidental to or in any way connected with Provider's
execution of Services under this Agreement; or (c) the violation of federal, state, county or
municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not
limited to, the performance of this Agreement by Provider or any act or omission of Provider, its
agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such claims or the investigation thereof.
Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its
employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon. City reserves the right to select its own
legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Provider under this indemnification provision. To the extent
considered necessary by the City, any sums due Provider under this Agreement may be retained by
City until all of City's claims for indemnification have been resolved, and any amount withheld
shall not be subject to the payment of interest by City. This indemnification agreement is separate
and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. The parties mutually acknowledge that the provisions of 9725.08, Fla. Stat., have been
SERV 1008
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0109 5
fulfilled and govern this provision. This paragraph shall 110t be construed to require Pr<l\ldl'l
indemnify the City for its own negligence. or intentional acts of the City. its agents or emplo\t't>
This clause shall survive the expiration or termination of this /\.grcemcnL
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement in whole or in part. with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider
for all authorized work satisfactorily performed through the termination date under the payment
terms set forth herein.
11.2 Provider shall immediately deliver all documents, written information and other
materials concerning City projects in its possession to the City and shall cooperate in transition 01
its consulting duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability hereunder, except that the provisions of this Section
shall survive termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided
for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid. in
the case of mailing. or by overnight or same day courier, or by electronic transmission producing a
written record, or hand delivered to Provider at the address on the first page of this Agreement
attention: Wanda Akins or to the City, at the address on the first page of this Agreement. attention:
City Administrator. with a copy to the City Attorney, or to such other address or person as shall he
designated by a party in a written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City. Provider is 11M
exempt from paying sales tax to Provider=s suppliers for materials required for Provider to perfornl
under this Agreement. Provider shall not be authorized to use the City=s tax exemption number t()].
purchasing supplies or materials.
14. A V AILABILITY OF FUNDS. This Agreement IS expressly conditioned upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Agreement become
unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice
to Provider. The City shall be the sole and final authority as to the availability of funds.
15. NON-DISCRIMINA TION. Provider shall not discriminate against any employee or
applicant for employment or in the provision of Services because of race. color, religion. sex.
national origin, age, disability. familial status, marital status or sexual orientation. or any other
factor which cannot be lawfully used as a basis for service delivery.
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16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake,
volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one
of the foregoing conditions interferes with contract performance, then the party affected may be
excused from performance on a day-for-day basis to the extent such party's obligations relate to the
performance so interfered with; provided, the party so affected shall use reasonable efforts to
remedy or remove such causes of non-performance. The party so affected shall not be entitled to
any additional compensation by reason of any day- for-day extension hereunder.
18. TRUTH-IN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated
under this Agreement are accurate, complete and current and the time of contracting. The fees and
expenses payable under this Agreement shall be adjusted to exclude any significant sums should the
City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wage rates or due to inaccurate representations of fees paid to outside Providers. The City shall
exercise its rights under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with its performance under this
Agreement. The Provider further represents that no person having any interest shall be employed or
engaged by it for said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or
hold any continuing or frequently recurring employment, contractual relationship business
association or other circumstance, which may influence or appear to influence Provider's exercise
of judgment or quality of the Services being provided under this Agreement. Provider, its officers,
personnel, subsidiaries and subcontractors shall not perform services for any third party that would
in any way be in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notifY the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identifY the
prospective business interest or circumstance and the nature of work that Provider intends to
undertake and shall request the opinion of the City as to whether such association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the
Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30)
calendar days of receipt of the said notification and request for opinion. If, in the opinion of the
City, the prospective business association, interest or circumstance would not constitute a conflict of
interest by the Provider, the City shall so state in its opinion and the Provider may, at its option,
enter into said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the City by Provider under this Agreement.
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19.4 In the event Provider is pemlitted to utilize subcontractors to perform any senICl':;
required by this Agreement. Provider agrees to prohibit such subcontractors. hy written contract.
from having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that
Provider and its subcontractors under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within 36 months from
the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of
this section may result in termination of this Agreement and recovery of all monies paid hereto. and
may result in debannent from City's competitive procurement activities.
2l. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and helief
that no funds or other resources received from the State in connection with this Agreement will he
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm
Beach, which is incorporated herein by this reference. Provider shall comply with the small
business commitment contained in Consultant" s Proposal. Provider shall maintain all relevant
records and information necessary to document compliance with the Small Business Ordinance and
shall allow the City to inspect and audit such records.
')'l GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of
~-'. the parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper
venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal
Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida
based upon improper venue or fhrum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JUR'\: 1"-
ANY LITIGATION RELATED TO THIS AGREEMENT.
24. SEVERABILITY. In the event that any sentence. section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason. such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of anyone o[ more of the covenants.
conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent
or other breach of the same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement
and understanding of the parties hereto with respect to the subject matter hereof and supersede all
SERV 1008
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prior and contemporaneous agreements and understandings, oral or written, relating to said subject
matter. This Agreement may only be modified by written amendment executed by the City and
Provider.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year last executed below.
ATTEST: CITY OF BOYNTON BEACH
By: By:
City Clerk City Manager
Date: ,2009
CITY ATTORNEY'S OFFICE
Approved as to form and legal sufficiency
By:
Date:
PROVIDER:
WITNESSES: Kids Korner TV
/7
By:
.
cZ!/~ Print Name: ( fta /( fJpllJ
Title: -r .( (.. v <.. {A. ..-
Printed Name: /lel/'f' ;/J:;n;r/f .
Date:_l - 1<-( - 0 7
,
,2009
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Exhibit A
Art of Filmmaking
Program Narrative:
The Art of Filmmaking engages teens in a creative outlet where they can work together in teams
to create, edit and finalize original movies, commercials and public service announcements. In
addition, this program offers a "beat class" which also allows youth to funnel their talents into
music, music videos, song writing and editing. This program runs year round offering classes on
Monday and Tuesday evenings from 5:00pm to 7:00pm. Over 25 youth can be served during
each nightly session.
Performance Measures:
Youth will learn to work cooperatively in teams to define a story line, plot, dialogue and
eventually produce what they have decided. One aspect of this program is to tackle social issues
within the City that these youth live (expose the issue, search for solutions and document their
process). Teens will gain a better understanding of boundaries and proper communication in
"getting their point across." This program also offers youth an opportunity to learn a skill that are
relative in this day and age and the skills they learn are often sought after by employers.
Audio Visual Program 08-09 Budget
Total Funding Provided by YVPP: $ 26,000.00
Provide the followlnQ budQet information:
Category Description YVPP FunderA Funder B In-Kind Total
(Name of other (Name of other
funder) funder)
Personnel Facilitators - 2; one professional 20,000.00
and one student professional
Supplies Cd's, software, etc 600.00
Equipment External Equipment under 1,000.00
300.00
Promotions Flyers 200.00
Background Staffing 200.00
checks
Youth Off site filming and field trips 2,000.00
Training/off
site
Incentives Movie tickets, prizes, etc 2,000.00
Totals 26,000.00
"'EXHIBIT B"
---,------~---~-------~,---
yvpp Reimbursement Form
-.----.- -----...-. -_._-~---...
Vendor Name
~.~-- - - - -------.--.--..---------------------------.--------.--- ----- ---.----
Description of Items
-------..--- ~--~ - ---~-_. ---..
Date/ Amount Paid
Specifics of Event
When completing this form, you must attach a receipt for the requested reimbursement
items. Under the "Specifics of Event" box, include details about the event/program
including, but not limited to, how many children the program served, the ages of the
children involved, what specific activities/services were offered. If you are requesting
payroll reimbursement, include the hourly rate of employee, and all information regarding
FICA/SS/Medicare etc. If you have any questions, please contact Sgt. Suzanne Gitto at
561.742.6141.
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.8.
AGENDA ITEM REQUEST FORh...
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16, 2008 December 1, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20,2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) 0
~
0 ~J
U) ..."
r:8J February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon) <- -i'",;
-<0
):110 .:;>-"
:z:
0 Announcements/Presentations r:8J City Manager's Report N '-w
""0
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NA TURE OF 0 Administrative 0 New Business ::::r::z
:r:- .......
AGENDA ITEM 0 Consent Agenda 0 Legal :% (.1)<:5
5 Cl:a!::
0 Code Compliance & Legal Settlements 0 Unfinished Business """'ttJ
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0 0 ~
Public Hearing C7\
.,
RECOMMENDATION: Motion to authorize and execute by resolution an Interlocal Agreement
and a Temporary Construction Easement between the South Central Regional Wastewater
Treatment and Disposal Board and the City of Boynton Beach in support of the City's
construction of the new regional force main.
EXPLANATION: In 2007, the City issued task order U07-20-1 to the Wantman Group, Inc.
(WGI) for the new regional force main route selection, detail design, permitting and bidding
phases of the project. Once the force main route was identified and confirmed the acquisition of
easements, permits and agreements began and the new force main design has now progressed to
the 90% stage. Currently, the project is in the permitting phase and some permits have already
been issued by the regulatory agencies.
PROGRAM IMP ACT: The Interlocal Agreement and the Temporary Construction Easement are
necessary to allow the City to construct portions of the new regional force main.
FISCAL IMPACT: The eventual construction contract will be funded from Utilities account
#406-5000-590-96-03 SWRl14.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: Although there are alternative force main routes available, the one selected is
the most direct and will provide the City with the most cost effective construction option.
Therefore, these easements with South Central Regional Wastewater Treatment and Disposal
Board must be authorized. \
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Ji.tAt(/.f'>t~-,
Kofi Boateng, Kurt Bressner, ""-
Director of Utilities ~ tY11L--
Utilities Department
Department Name City Attorney I Finance I Human Resources
Attachments
xc: fY' Peter Mazzella, Deputy Utilities Director
~Paul Fleming, Sr. Project Manager
Barb Conboy, Manager, Utilities Administration
Procurement Services
PMT File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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1 RESOLUTION NO. R09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF AN INTERLOCAL AGREEMENT
6 AND A TEMPORARY CONSTRUCTION EASEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH AND THE
8 SOUTH CENTRAL REGIONAL WASTEWATER
9 TREATMENT AND DISPOSAL BOARD IN SUPPORT
10 OF THE CITY'S CONSTRUCTION OF THE NEW
11 REGIONAL FORCE MAIN, AND PROVIDING FOR AN
12 EFFECTIVE DATE.
13
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15 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new
16 regional force main route selection, detail design, permitting and bidding phases of the
17 project; and
18 WHEREAS, the attached Interlocal Agreement and Temporary Construction
19 Easement allows the City to construct portions of the new regional force main; and
20 WHEREAS, the City Commission upon recommendation of staff, deems it
21 appropriate to approve and authorize the Mayor and City Clerk to execute the Interlocal
22 Agreement and Temporary Construction Easement between the City of Boynton Beach and
23 the South Central Regional Wastewater Treatment and Disposal Board.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach, Florida hereby
30 pproves and authorizes the Mayor and City Clerk to execute the Interlocal Agreement and
: \CA \RESO\AgreementSlLA SCR WWTDB -RFM. doc
I Temporary Construction Easement hetween the City of Boynton Beach :.lI1d the South ( c.ntraJ
2 Regional Wastewater Treatment and Disposal Board, in support of the City's constructi(1n of
" i the new regional force main, a copy of which is attached hereto as Exhibit ".1\. o.
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4 Section 3. That this Temporary Construction Easement will be recorded in the
5 Public Records of Palm Beach County. Florida and the Interlocal Agreement will be tiled \vith
6 the Clerk of the Circuit Court, Palm Beach County. Florida.
7 Section 4. This Resolution shall become effective immediately upon passage
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9 PASSED AND ADOPTED this __ day of February, 2009.
10
11 CITY OF BOYNTON BEACH, FLORIDA
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14 Mayor - Jerry Taylor
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17 , Vice Mayor -- Jose Rodriguez
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20 i Commissioner - Ronald Weiland
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23 Commissioner - Woodrow L. Hay
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26 ! i Commissioner - Marlene Ross
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\ \A TTEST:
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29 I!
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31 I panet M. Prainito, CMC
32 iCity Clerk
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INTERLOCAL AGREEMENT
This lnterlocal Agreement (the "Agreement") is made this ,
between the CITY OF BOYNTON BEACH, a Florida municipal corporation organized
and existing under the laws of the State of Florida, located in Palm Beach County,
Florida (hereinafter "City") and the SOUTH CENTRAL REGIONAL
W ASTEW A TER TREATMENT DISPOSAL BOARD, a political subdivision of the
State of Florida, (hereinafter "Board"), each one constituting a public agency as defined
in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as
defined therein to enter into interlocal agreements with each other to jointly exercise any
power, privilege, or authority which such agencies share in common and which each
might exercise separately; and
WHEREAS, the Board owns and operates the wastewater treatment facility
(hereinafter referred to as the "Facility"); and
1
WHEREAS, City is in the process of constructing a regional force main in ordcl
to improve sanitary sewer utility services within the City; and
WHEREAS, City needs to install a portion of the regional force main (the "Force
Main") on Facility property in order to connect the City's regional force main to the
Board's facilities; and
WHEREAS, City has requested that Board grant to City a temporary construction
easement to allow installation of the Force Main; and
WHEREAS, in exchange for the Board granting City an easement over Facility
property for the installation of the Force Main, City is willing to, convey the portion of
the Force Main constructed within the easement to the Board.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
Section 1. Purpose
The purpose of this Agreement is to allow City to use the Board's Facility for the
installation of a regional force main needed to improve sanitary sewer utility services
within the City, in exchange for which City will convey that portion of the Force Main
constructed within the easement to the Board.
Section 2. Definitions
The following definitions shall apply to this Agreement:
"Act" means Part I of Chapter 163, Florida Statutes.
"Agreement" means this lnterlocal Agreement, including any amendments or
supplements hereto, executed and delivered in accordance with the terms hereof.
I
"Facility" means the Board's Facility located at 1801 N. Congress Avenue in the
City of Delray Beach.
Section 3. Renresentative/MonitorinS! Position
The Board's representative/contract monitor during the term of this Agreement
shall be Dennis Coates, Executive Director, 1801 N. Congress Avenue, Delray Beach,
Florida 33445, whose telephone number is (561) 272-7061.
The City's representative/contract monitor during the term of this Agreement shall
be Paul M. Fleming, PMP, Senior Project Manager, City of Boynton Beach, 124 East
Woolbright Road, Boynton Beach, FL 33435, whose telephone number is (561) 742-
6487.
Section 4. Effective Date/Term
This Agreement shall take effect upon execution by City. The term of this
Agreement shall be for a period of three (3) years, and unless otherwise terminated as
provided herein, shall continue in full force and effect up to and through the date that
City has completed the improvements as provided for in this Agreement, and the date that
Board has granted the Force Main Easement (hereinafter defined) to City allowing City
to install and maintain the Force Main on the Facility as provided for in this Agreement.
Unless the one (1) year warranty (hereinafter set forth) has already expired when this
Agreement terminates, the warranty shall survive termination.
Section 5. Services Rendered
The Board will grant the Force Main Easement to the City allowing City to
construct the Force Main needed by City in order to improve sanitary sewer utility
3
services in the City, and in exchange, City shall provide Board with ownership of the
portions of the Force Main installed within the Easement Area (hereinafter defined \.
Notwithstanding any provision of this Agreement, the Board shall have no obligation
under this Agreement or under the Force Main Easement until the City of Delray Beach
executes the Force Main Easement.
Section 6. Responsibilities and Duties
A. Board agrees to provide City with a 40-foot temporary construction
easement (the "Force Main Easement") in substantially the form attached hereto as
Exhibit "A" for the installation of the Force Main. The Force Main Easement shall be
granted over a portion of the Facility as depicted on Exhibit "B" attached hereto (the
"Easement Area"). The City acknowledges that the Easement Area is within the Board's
property, and any City improvements within the Easement Area must be coordinated with
the Board's representative. The Force Main Easement may be amended upon mutual
consent by the City and the Board. The Board shall not be required to expend any funds
in connection with the approval, installation, or maintenance of the Force Main.
However, after the expiration of the one (1) year warranty period hereinafter set forth and
successful correction of any defects by the City, the Board shall thereafter, at its expense,
maintain the Force Main.
The Force Main Easement shall include the City's right of access over a portion of
the Facility as identified and depicted in the Force Main Easement for the purpose of
installation of the Force Main. City, at all times during the installation of the Force Main.
4
agrees to conduct its operations in order not to unnecessarily disrupt operations at the
Facility.
B. Following completion of the installation of the Force Main within the
easement, and final certification by all applicable regulatory agencies, the City shall
convey to the Board that portion of the Force Main located within the Easement Area
through the delivery of a standard form Bill of Sale free and clear of all liens and
encumbrances. The City shall agree to warrant the Force Main constructed within the
easement for a period of one (1) year commencing upon the date of delivery of the Bill of
Sale to the Board. In the event of any defect in the operation of, or workmanship or in
the equipment or materials of the Force Main, and upon receipt of written notice from the
Board, the City shall promptly take all steps necessary to repair the Force Main located
within the Easement Area. In the event the City fails to make the repairs following
written notice, the Board may make the repairs and bill the City for the cost of the
repairs. Notwithstanding the foregoing, in the event of an emergency as determined by
the Board, the Board shall not be required to give any prior notice to the City and Board
shall be authorized to correct any such defect and bill the City for the cost of repairs.
C. City expressly acknowledges that City's use of any part of the Facility is
secondary to Board's operations at the Facility, and in particular, City acknowledges and
agrees that the Board's Executive Director shall review and approve in advance all plans,
including, but not limited to location of the Force Main, location of easements, and the
construction schedule for installation of the Force Main.
5
D. City shall be responsible for obtaining, at its sole cost and expense. an\
permits required for the installation of the Force Main.
E. City agrees to accept the Easement Area "As Is" without warranty or
representation and Board shall not be responsible or liable to City for any reason
whatsoever, including without limitation, any claims for compensation or any losses.
whether caused by vandalism, theft, or physical conditions of or in the Easement Area.
whether on the surface or underground, including stability, moving, shifting, settlement
of ground, or displacement of materials by fire, water, windstorm, tornado, hurricane, act
of God or State of war, civilian commotion or riot, or any cause beyond the control of
Board.
Section 7. Breach/Opportunity to Cure
The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in
default thirty (30) days written notice to cure said default before exercising any of its
rights as provided for in this Agreement. Notwithstanding the foregoing, in the event of
an emergency, as determined by the Board, the Board shall not be required to give any
prior notice to the City and opportunity to cure. In event of such an emergency the Board
shall be authorized to cure any such default of the City and bill the City for the cost of
curing the default.
Section 8. Termination
6
In the event of a default by the City, and a failure to cure (except in emergencies
when no cure period is required), this Agreement may be terminated by Board upon
ninety (90) days prior written notice to City.
Section 9. Enforcement Costs
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the
respective parties, provided, however, that this clause pertains only to the parties to this
Agreement.
Section 10. Annual Appropriation
Each party's performance and obligation to pay under this Agreement is contingent
upon an annual budgetary appropriation by its respective governing body for subsequent
fiscal years.
Section 11. Notice
All notices, consents, approvals and elections (collectively, "Notices") to be given
or delivered by or to any party hereunder shall be in writing and shall be (as elected by
the party giving such notice) hand delivered by messenger, courier service, or national
overnight delivery service (provided in each case a receipt is obtained), telecopied or
faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt
Requested. The effective date of any notice shall be the date of delivery of the notice if
by personal delivery, courier services, or national overnight delivery service, or on the
date of transmission with confirmed answer back if by telecopier or fax if transmitted
before 5:00 p.m. or on a non-business day, or if mailed, upon the date which the return
7
receipt is signed or delivery is refused or the notice designated by the postal authorities as
non-deliverable, as the case may be. The parties hereby designate the following.
addresses as the addresses to which notices may be delivered, and delivery to such
addresses shall constitute binding notice given to such party:
(a) Ifto the Board at:
Attention: Executive Director
South Central Regional Wastewater Treatment Disposal Board
1801 N. Congress A venue
Delray Beach, FL 33445
(561) 272-7061 (telephone)
(561 265-2375 (facsimile)
If to the City at:
Attention: Utilities Director
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
(561) 742-6404 (telephone)
(561) 742-6211 (facsimile)
with a copy to:
Attention: Deputy Utilities Director
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
(561) 742-6401 (telephone)
(561) 742-6211 (facsimile)
and:
Paul M. Fleming, PMP, Senior Project Manager,
City of Boynton Beach,
124 East Woolbright Road
Boynton Beach, FL 33435
(561) 742-6487 (telephone)
(561) 742-6298 (facsimile)
8
Any party may from time to time change the address which notices under this Agreement
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 12. Delee:ation of Duty
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of state, county, or city officers.
Section 13. Filine:
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
Section 14. Liability
The parties to this Agreement and their respective officers and employees shall not
be deemed to assume any liability for the acts, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of sovereign immunity by
either party, pursuant to Section 768.28, Florida Statutes.
Section 15. Indemnification
City agrees to protect, defend, reimburse, indemnify and hold Board (and the
elected officials serving as board members), and the Board's officers, employees and
agents, and each of them free and harmless at all times from and against any and all suits,
actions, legal or administrative proceedings, claims, demands, damages, liabilities,
interest, attorney's fees, costs and expenses of whatsoever kind or nature whether arising
in any manner directly or indirectly caused, occasioned or contributed to in whole or in
part, by reason of any act, omission or fault whether active or passive of City or anyone
acting under its direction or control, or on its behalf in connection with or incident to the
9
performance of this Agreement. City's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted
by law but in no event shall they apply to liability caused by the negligence or willful
misconduct of the Board, its respective agents, servants, employees or officers, nor shall
the liability limits set forth in Section 768.28, Florida Statutes, be waived.
Section 16. Insurance-City
Without waiving the right to sovereign immunity as provided by Section 768.28.
Florida Statutes, City acknowledges and represents that City is self-insured for General
Liability and Automobile Liability under Florida sovereign immunity statutes with
coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary
waiver limits that may change and be set forth by the legislature.
In the event City maintains third-party Commercial General Liability and Business
Auto Liability, in lieu of exclusive reliance of self-insurance under Section 768.28.
Florida Statutes, City shall maintain said insurance policies at limits not less than
$500,000 each occurrence. City shall add the Board as an "Additional Insured" with a
CG 2026 Additional Insured - Designated Person or Organization endorsement, or similar
endorsement, to the Commercial General Liability. The Additional Insured endorsement
shall read "South Central Regional Wastewater Treatment and Disposal Board, its Board
members, Officers, Employees and Agents".
City agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statutes Chapter 440.
10
City shall maintain property insurance, which would include builder's risk
insurance provided by City or City's hired contractor, while the project is in the course of
construction in an amount at least equal to the estimated completed project value as well
as subsequent modifications of that sum. City shall have Board added as an "Additional
Insured" on the builder's risk. When construction is completed, City agrees to maintain
all-risk property insurance for adequate limits of coverage on the building(s) and
contents, if any, based on City's replacement cost calculation, or the highest probable
maximum loss estimate for the perils of either fire, wind, or flood. City agrees to be fully
responsible for any deductible, uncovered loss, or self-insured retention.
When requested, City shall provide a statement or Certificate of Insurance
evidencing insurance, self-insurance and/or sovereign immunity status.
Compliance with the foregoing requirements shall not relieve City of its liability
and obligations under this Agreement.
City agrees its self-insurance, general liability, automobile liability, and property
insurance shall be primary as respects to any coverage afforded to or maintained by
Board.
City expressly understands and agrees that any insurance protection furnished by
City shall in no way limit its responsibility to indemnify and save harmless Board under
the provisions of Section 15 of this Agreement.
Section 17. Insurance-Contractor
There is attached hereto as Exhibit C the "City of Boynton Beach Risk
Management Department Insurance Advisory Form" (hereinafter "Insurance
11
Requirements"). The City agrees that it shall require its contractor that is installing the
Force Main to obtain and continuously maintain in force insurance of the types and
amounts of coverages as set forth in the Insurance Requirements. Prior to contractor
doing any work on the Facility property or bringing any materials or equipment to the
Facility property the City shall (or cause its contractor to do so) deliver to the Board a
standard ACORD Certificate of Liability Insurance (ACORD Form 25-S) or other
evidence satisfactory to the BOARD ("Certificate"), signed by an authorized
representative of the insurer(s) reflecting that the contractor has in force the insurance
with the types and amounts of coverages as set forth in the Insurance Requirements.
Simultaneously with delivery of the Certificate the City shall (or cause its contractor to
do so) deliver to the Board an Additional Insured Endorsement as to the Commercial
General Liability coverage in the form of CG 2026 Additional Insured - Designated
Person or Organization endorsement, or CG 2010. The endorsement must be signed by an
authorized representative of the insurer and reflect the policy number. The Additional
Insured endorsement shall read "South Central Regional Wastewater Treatment and
Disposal Board, its Board members, Officers, Employees and Agents" and if the
endorsement requires a Scheduled Location or Location of Covered Operations the
Board's address of 1801 N. Congress Ave. Delray Beach, Fl. 33445 shall be inserted as
such location.
Compliance with the foregoing requirements shall not relieve City of its liability
and obligations under this Agreement.
12
City agrees to require of its contractor that the contractor's general liability,
automobile liability, and property insurance shall be primary as respects to any coverage
afforded to or maintained by Board.
City expressly understands and agrees that any insurance protection furnished by
City's contractor shall in no way limit the City's responsibility to indemnify and save
harmless Board under the provisions of Section 15 of this Agreement.
Section 18. Amendments
This Agreement may be modified and amended by written instrument upon mutual
agreement of the parties hereto.
Section 19. Remedies
This Agreement shall be construed by and governed by the laws of the State of
Florida. Any and all legal action necessary to enforce the Agreement will be held in
Palm Beach County, Florida. In the event City fails or refuses to perform any term,
covenant, or condition of this Agreement for which a specific remedy is not set forth in
this Agreement, Board shall, in addition to any other remedies provided at law or in
equity, have the right of specific performance thereof or injunctive relief. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
Section 20. Time of the Essence
13
The parties expressly agree that time is of the essence in this Agreement and the
failure by a party to complete performance within the time specified, or within a
reasonable time if no time is specified herein, shalL at the option of the other party
without liability, in addition to any other rights or remedies, relieve the other party of any
obligation to accept such performance.
Section 21. Equal Opportunity Provision
The Board and the City agree that no person shall, on the grounds of race, color.
sex, national origin, disability, religion, ancestry, marital status, gender identity or
expression or sexual orientation be excluded from the benefits of, or be subjected to any
form of discrimination under any activity carried out by the performance of this
Agreement.
Section 22. Captions
The captions and section designations herein set forth are for convenience only
and shall have no substantive meaning.
Section 23. Incorporation bv Reference
Exhibits attached hereto and referenced herein shall be deemed incorporated into
this Agreement by reference.
Section 24. Severability
In the event that any section, paragraph, sentence, clause, or provision hereof be
held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
Section 25. Entirety of Ae:reement and Costs
14
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written or oral,
relating to this Agreement. The City agrees that it shall pay all costs associated with
recording this Interlocal Agreement and the Force Main Easement in the public records
of Palm Beach County.
Section 26. Survival
The City's obligations: (i) set forth in Section 6 of this Agreement pertaining to
the one (1) year warranty, and, (ii) set forth in Section 15 of this Agreement, shall survive
the termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the day and year first above written.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
15
CITY OF BOYNTON BEACH, a Florida
municipal corporation organized and
existing under the laws of the State of Florida
By: By: __.___n__._____.__
Janet Prainito, City Clerk Jerry Taylor. Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day of . 2009.
before me personally appeared , Mayor, personally known
to me or who produced as identification and who did ( )
did not ( ) take an oath and who executed the foregoing instrument and acknowledged
before me that he executed the same for the purposes therein.
Notary Public, State of Florida
Print Name
Commission No.
My Commission Expires:
DNT:dnt
H:\1990\900182.BB\AGREEMENTS 2009\Regional Force Main lLA with SCRWTDB ( 1-5-09).doc
16
Signed, Sealed and delivered
in the presence of: SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND
DISPOSAL BOARD
Print Name:
By:
Print Name: Chairman
ATTESTED BY:
Secretary
APPROVED AS TO FORM:
Board Attorney
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
and, , the Chairman and Secretary who
are (---1 personally known to me OR (_) who have produced as
identification respectively of the Board named in the foregoing agreement and that they severally
acknowledged executing the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said Board and that the Board seal affixed
thereto is the true corporate seal of said the Board.
WI1NESS my hand and official seal in the County and State last aforesaid this _
day of , 2008.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
(Notary Seal)
17
Exhibits to InterlocaI A!!reement
Exhibit "A" - Temporary Construction Easement
Exhibit "B" - Easement Area (Force Main Easement)
Exhibit "c" - City of Boynton Beach Risk Management Department Insurance
Advisory Form
18
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT AREA
(Force Main Easement)
EXHIBIT "e"
City of Boynton Beach
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of
insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
-------------------------------..----..---..------------------------------------...-------------------------------------------------...-----------
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage (anyone fire) $ 50,000.00
Employees & Officers Med. Expense (anyone person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
-------------------------------------------------------------...--------------------------------...----...-----------...-----------...---------------
Automobile Liability Combined Single Limit $ 500,000.00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
-----------------------------------------------------------------...-------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
-------------------------------------------------------------------------------------------------------------------------------------------
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
---...---------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
-------------------------------------------------------------------------------------------------------------------------------------------
Other - As Risk Identified to be determined
-------------------------------------------------------------------------------------------------------------------------------------------
INSURANCEADVISOR YFORM04 Revised 10/2001
Prepared by & Return to.
David N. Tolces, Esq.
Goren, Cheraf, Doody & Ezral, P.A.
3099 E. Commercial Blvd. #200
Fort Lauderdale, FL 33308
peN:
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement") made
this _ day of , 2009, by and between the CITY OF DELRA Y BEACH, a
Florida municipal corporation whose mailing address is 100 N. W. I st A venue, Delray
Beach, FL 33444, ("Delray") and the CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, whose mailing address is 1 00 East Boynton Beach
Boulevard, Boynton Beach, Florida 33435-7934 ("Boynton").
RECITALS
Whereas, Delray and Boynton are the owners of the land described in Exhibit
"A" attached hereto (the "Board Property"); and
Whereas, Delray and Boynton collectively comprise the Board of the South
Central Wastewater Treatment Disposal Board, which operates the wastewater treatment
facility located in the City of Boynton Beach; and
Whereas, Boynton has requested that the South Central Wastewater Treatment
and Disposal Board ("Board") grant a Temporary Construction Easement to allow
Boynton to install a regional force main on Board's Property.
Now, therefore, for and in consideration of the sum of TEN DOLLARS ($10.00)
to the Board in hand paid by Boynton, and various other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Board does hereby grant
to Boynton, a non-exclusive Temporary Construction Easement upon the real property
legally described in Exhibit "B" attached hereto and made a part hereof ("the TeE
Easement Premises"). The rights granted pursuant to this Easement shall be limited to
the right to utilize the TCE Easement Premises solely to install a regional force main (the
"Project"). The regional force main shall be installed in the portion of the TCE Easement
Premises legally described in Exhibit "B" attached hereto and made a part hereof. This
Easement shall include the right of ingress and egress thereto, over, across, through and
upon that parcel of land depicted in Exhibit "B" attached hereto and made a part hereof.
The rights granted pursuant to this Easement shall expire and this Easement shall
automatically terminate upon the earlier of Boynton's completion of the Proj ect or seven
hundred and thirty (730) days after the Effective Date. Notwithstanding such automatic
termination, Boynton shall promptly deliver to Board a Release of Easement, in a form
satisfactory to Board, upon completion of the Project, if so requested by Board.
1. Conditions to Rie:ht of Usae:e. Boynton shall obtain from Board and any
other necessary governmental entities written approval of all plans relating to the
construction of any improvement within the TCE Easement Premises prior to
commencement of construction thereof.
All improvements shall be constructed at Boynton's sole cost and expense and
within the confines of the TCE Easement Premises in accordance with the approved plans
and all permits and applicable statutes, rules, regulations, codes and ordinances. Boynton
shall give Board ten (10) days written notice prior to commencement of construction;
Boynton shall not be entitled to construct any improvements within the TCE Easement
Premises other than those specifically identified herein.
Boynton acknowledges and agrees that the use of the TCE Easement Premises
shall be limited to Monday through Friday during the hours of 7 :00 A.M. through 5 :00
P.M. Boynton also acknowledges and agrees that no construction shall take place upon
the TCE Easement Premises during any holiday when Board offices are closed.
2. Location of Existinl! Utilities and Repair of Damal!e. Prior to exercising
the rights conferred hereunder, Boynton or any party acting as its agent, shall locate the
utility facilities within the TCE Easement Premises and shall conduct and coordinate with
all utilities that have facilities within the TCE Easement Premises. If Boynton causes any
damage to any existing utility facilities, including, but not limited to sewer utilities,
Boynton shall, at its sole cost and expense repair such damage.
3. Use Limitation. Boynton acknowledges and agrees that the rights granted
by this Easement are and shall be strictly limited to those specifically granted herein and
that Boynton may not utilize the TCE Easement Premises for any purpose not specifically
permitted hereby, including, without limitation, staging or storage of construction
equipment or materials.
4. Maintenance. Repair. and Restoration. Boynton shall be solely
responsible for and shall, at all times, maintain and repair at its sole cost and expense the
TCE Easement Premises and all improvements currently existing or constructed hereafter
therein during the term of this Easement. Boynton shall be solely responsible for and
shall, at its own cost and expense, promptly repair any damage arising out of Boynton's
exercise of the rights granted hereby and restore any improvements or landscaping now
existing or constructed or installed hereinafter within the TCE Easement Premises to the
condition it was in prior to such damage, using materials of like kind and quality. In the
event that Boynton fails to fulfill these obligations, Board may complete the work and
Boynton shall reimburse Board for all costs and expenses incurred as a result of such
2
failure.
5. Other Oblie:ations. Boynton agrees to diligently pursue all work
performed hereunder to completion and to exercise the rights granted hereunder in a
manner that does not unreasonably interfere with and minimizes the impact on the
Board's use of the Board's Property.
6. Personal Property. Board shall have no liability or responsibilit)
whatsoever for Boynton's improvements, equipment, personal or other property, nor that
of any other person or entity, placed upon or located within the TeE Easement Premises.
7. Prohibition Ae:ainst Liens. Neither Delray's nor Boynton's interest in the
TCE Easement Premises shall be subject to liens arising from Boynton's or any other
person or entity's use of the TCE Easement Premises, or exercise of the rights granted
hereunder. Boynton shall promptly cause any lien imposed against the TeE Easement
Premises or the Board Property to be discharged or bonded off, pursuant to Chapter
255.05 and Chapter 713 of the Florida Statutes. In addition, Boynton shall require all
contractors to furnish a payment and performance bond in accordance with Florida
Statutes Section 255.05, naming Boynton as the obligee. The required payment and
performance bond shall be delivered to the Board prior to commencement of
construction.
8. Insurance. Boynton shall require the Contractor to provide, maintain and
keep in full force and effect insurance as provided in the Interlocal Agreement between
the Board and Boynton which, Interlocal Agreement pertains to, among other things, this
Temporary Construction Easement.
9. Indemnification. To the extent permitted by law, and subject to the
limitations provided in Section 768.28, Florida Statutes, Boynton, its successors and
assigns shall indemnify, defend and hold the Board and Delray harmless from and against
any damages, liability, actions, claims or expenses (including reasonable attorney's fees
and expenses at trial and all appellate levels) arising out of the exercise of the rights
granted hereby and use of this Easement by any person whomsoever, including, without
limitation, loss of life, personal injury and/or damage to property arising from or out of
any occurrence in or upon the TCE Easement Premises or access routes or in connection
with the use or operation of the TCE Easement Premises or access routes.
10. No Dedication. The grant of Easement contained herein is solely for the
use and benefit of Boynton, and Boynton's authorized agents and employees, and is not
intended, and shall not be construed as a dedication to the public of any portion of the
TCE Easement Premises for public use.
11. Time of Essence. The parties expressly agree that time is of the essence in
..,
.)
this Agreement.
12. Matters of Record and "As Is". Boynton hereby accepts the TCE
Easement Premises without warranty or representation and subject to zoning and other
governmental restrictions, matters reflected on any plat relating to the TCE Easement
Premises, and all other easements, restrictions, conditions, encumbrances and other
matters of record.
Boynton also hereby accepts the TCE Easement Premises "As-Is", without
warranty or representation and Board or Delray shall not be responsible or liable to
Boynton for any reason whatsoever, including without limitation, any claims for
compensation or any losses, whether caused by vandalism, theft, or physical conditions
of or in the Easement Area, whether on the surface or underground, including stability,
moving, shifting, settlement of ground, or displacement of materials by fire, water,
windstorm, tornado, hurricane, act of God or State of war, civilian commotion or riot, or
any cause beyond the control of Board or Delray.
13. Non-Discrimination. The parties agree that no person shall, on the grounds
of race, color, sex, national origin, disability, religion, ancestry, marital status, gender
identity or expression, or sexual orientation be excluded from the benefits of, or be
subjected to, any form of discrimination under any activity carried out by the
performance of this Easement.
14. Construction. The terms of this Easement shall not be strictly construed
against one party as opposed to the other party based upon who drafted it. In the event
that any section, paragraph, sentence, clause, or provision hereof be held by a court of
competent jurisdiction to be invalid, such shall not affect the remaining portions of this
Easement and the same shall remain in full force and effect.
15. Entire Understandine. This Easement represents the entire understanding
between the parties and supersedes all other negotiations, representations, or agreements,
either written or oral, relating to this Easement.
16. Notices. All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the
party giving such notice) hand delivered by messenger, courier service, or national
overnight delivery service (provided in each case a receipt is obtained), telecopied or
faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt
Requested. The effective date of any notice shall be the date of delivery of the notice if
by personal delivery, courier services, or overnight delivery service, or on the date of
transmission with confirmed answer back if telecopier or fax if transmitted before 5PM
on a business day and on the next business day if transmitted after 5PM or on a non-
business day, or if mailed, upon the date which the return receipt is signed or delivery is
4
refused or the notice designated by the postal authorities as non-deliverable. as the case
may be. The parties hereby designated the following addresses as the addresses to which
notices may be delivered, and delivery to such addresses shall constitute binding nOliC\.:
given to such party:
Board:
Executive Director
South Central Wastewater Treatment and Disposal Board
1801 N. Congress A venue
Delray Beach, FL 33445
Telephone: (561) 272-7061
Fax: (561) 265-2375
Boynton:
City of Boynton Beach
Attn: Utilities Director
124 East Woolbright Road
Boynton Beach, Florida 33435
Telephone: (561) 742-6404
Fax: (561) 742-6298
Delray:
City of Delray Beach
City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
Telephone: (561) 243-7000
Fax: (561) 243-7199
Any party may from time to time change the address to which notice under this
Easement shall be given such party, upon three (3) days prior written notice to the other
parties.
17. Default. In the event Boynton fails or refuses to perform any term.
covenant, or condition of this Easement for which a specific remedy is not set forth in
this Easement, Delray and Board shall, in addition to any other remedies provided at law
or in equity, have the right of specific performance thereof.
18 Governine: Law & Venue. This Easement shall be governed by, construed
and enforced in accordance with the laws of the State of Florida. Venue in any action.
S
suit or proceeding in connection with this Easement shall be in a state court of competent
jurisdiction in Palm Beach Board, Florida.
19. Prohibition A2ainst Assie:nment. This Easement may not be assigned by
Boynton. Any assignment made by Boynton shall be void and without legal effect.
20. Effective Date of Easement. This Easement is expressly contingent upon
the approval of the City Commission of the City of Boynton Beach, and the City
Commission of the City of Delray Beach, and shall become effective only when signed
by all parties.
21. Reservation of Rie:hts. Delray and Board hereby retains all rights relating
to the TCE Easement Premises not specifically conveyed by this Easement including the
right to use the Easement Premises and any improvements now existing or constructed
hereinafter therein, and the right to grant to third parties additional easements in the TCE
Easement Premises or the right to use the improvements therein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
6
IN WITNESS WHEREOF, the parties have executed this T emporar}
Construction Easement as of the day and year first above written.
Signed, sealed, and delivered in the presence of:
ATTEST:
CITY OF BOYNTON BEACH, a Florida
municipal corporation organized and
existing under the laws of the State of Florida
By: By:
, City Clerk ' Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
STATE OF FLORIDA
BOARD OF PALM BEACH
The foregoing instrument was acknowledged before me this day of .2009.
by , the , of , a
(_) who is personally known to me OR (_) who has produced
as identification and who ( )did ( )
did not take a oath.
(N otary Seal) Notary Public, State of Florida
Type, print or stamp name
Commission Number:
My Commission Expires:
7
ATTEST:
CITY OF DELRA Y BEACH, a Florida
municipal corporation organized and
existing under the laws of the State of Florida
By: By:
, City Clerk , Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
STATE OF FLORIDA
BOARD OF PALM BEACH
The foregoing instrument was acknowledged before me this day of ,2009,
by , the , of , a who is
personally known to me OR (_) who has produced as identification and who
( )did ( )did not take a oath.
(Notary Seal) Notary Public, State of Florida
Type, print or stamp name
Commission Number:
My Commission Expires:
8
By execution hereof, the South Central Wastewater Treatment Disposal Board hereh\
consents to and authorizes the grant of this Temporary Construction Easement.
Signed, Sealed and Delivered
in the presence of: SOUTH CENTRAL REGIONAL
W ASTEW A TER TREATMENT AND
Sign DISPOSAL BOARD
Print
Sign By:
Print Chairman
A TTESTED BY:
Secretary
APPROVED AS TO FORM:
Board Attorney
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
and , the Chairman and Secretary who are
( ) personally known to me OR (_) who have produced
as identification respectively of the Board named in the foregoing agreement and that they
severally acknowledged executing the same in the presence of two subscribing witnesses freely
and voluntarily under authority duly vested in them by said Board and that the Board seal affixed
thereto is the true corporate seal of said the Board.
WITNESS my hand and official seal in the County and State last aforesaid this __
day of ,2009.
NOT ARY PUBLIC
Print or Type Name
My Commission Expires:
(Notary Seal)
9
EXHIBIT "A"
BOARD PROPERTY
A parcel of land lying in the Northwest Quarter (NW ~) of Section 8, Township
46 south, Range 43 East, Palm Beach County, Florida, said parcel being more
particularly described as follows:
Commence at the Northwest corner of said Section 8; thence South 000 43' 21"
East, on an assumed bearing, along the West line of said Section 8, a distance of
90.0 feet; thence South 890 48' 45" East, parallel with the North line of said
Section 8, a distance of 253.0 feet to the POINT OF BEGINNING; thence
continue South 890 48' 45" East, parallel with the said North line of Section 8,
and along the South Right-of-Way line of Lake Worth Drainage District Lateral
Canal No. 30, as shown on Sheet 102 of 240 Sheets and recorded in the Public
Records of Palm Beach County, Florida, a distance of 792.0 feet; thence South
810 18' 45" East, continuing along the said South Right-of-Way line of Lateral
Canal No. 30, a distance of 386.25 feet to an intersection with the Westerly Right-
of-Way line of the Seaboard Coast Line Railway; thence South 18022' 00" West,
along the said Westerly Right-of-Way line of the Seaboard Coast Line Railway, a
distance of 1656.42 feet; thence North 890 48' 45" West, parallel with the said
North line of Section 8, a distance of 662.69 feet to an intersection with a line
200.0 feet East of the Easterly Right of Way line of Congress Avenue, as
measured along a radial line; thence Northerly, along a curve concave to the
West, said curve having a radius of 4072.80 feet and a central angle of 070 01'
06", and said curve being 200.0 feet East of, as measured along a radial line, and
parallel with the said Easterly Right-of-Way line of Congress Avenue, a distance
of 506.00 feet to the end of said curve; thence North 000 43' 21" West along a
line being 200.0 feet East of, as measured at right angles, and parallel with the
said Easterly Right-of-Way line of Congress Avenue, a distance of 1125.84 feet to
the POINT OF BEGINNING.
10
EXHIBIT "B"
TCE EASEMENT PREMISES
11
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.9
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 December 16, 2008 December 1,2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17, 2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
~ February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 Ann oun cements/Presentati on s 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approval of Resolution designating participation in the Elected
Officers Class of the Florida Retirement System for elected officers of the City of Boynton Beach.
EXPLANATION: On July 15, 2008, the City Commission approved Ordinance 08-019 authorizing
participation in the Florida Retirement System for its elected officials. This Resolution shall designate
that the elected officials will participate in the Elected Officers Class of the Florida Retirement System.
PROGRAM IMP ACT: None
FISCAL IMP ACT: None.
AL TERNA TIVES: The elected officials could participate in the general employee's class of the
Florida Retirement System but this would result in a lower multiplier. It was always intended for the
elected officials to participate in the Elected Officers Class and this Resolution will insure such
participation and the corresponding multiplier. JdGZ~-
~ ~lIS
Department Head's Signature CIty Manager's Signature
Assistant to City Manager CiYl~
City Attorney
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. 09-
--
2 i A RESOLUTION OF THE CITY COMMISSION OF THE
I CITY OF BOYNTON BEACH, FLORIDA,
3 '
4 I DESIGNA TING ITS ELECTED POSITIONS FOR
- I INCLUSION IN THE ELECTED OFFICERS' CLASS OF
)
6 I THE FLORIDA RETIREMENT SYSTEM; AND
7 : PROVIDING AN EFFECTIVE DATE
8 I
9 I WHEREAS, the Florida Legislature has provided the City of Boynton Beach elected
I
I
10 I officials the ability to be included in the Elected Officers' Class of the Florida Retirement
I
11 i
II System: and
, I
12 II WHEREAS, the City Commission adopted Ordinance No. 08-019 electing to
! I
13 II participate in the Florida Retirement System and desires such participation to be within the
II
]4 I' Elected Officers' Class of the Florida Retirement System:
15 I i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
16 II THE CITY OF BOYNTON BEACH, FLORIDA THAT:
, I
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17 I, Section 1. The above referenced whereas clauses are incorporated herein by
II
! I
18 I I reference.
I!
19 If Section 2. The City Commission of the City of Boynton Beach hereby designates
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20 II all its elective positions for inclusion in the Elected Officers' Class of the Florida Retirement
II
21 II System.
22 I' Section 3. All resolutions or parts of resolutions in conflict herewith are hereby
\
1
"')^' I repealed to the extent of such conflict.
L...)
24 Section 4. If any clause, section. other part or application of this resolution is held
25 by any Court of competent jurisdiction to be unconstitutional or invalid, in part or application.
26 it shaH not affect the validity otthe remaining portions or applications of this Resolution.
. .
1 Section 5. This Resolution shall become effective immediately upon its passage
2 and adoption.
3 PASSED AND ADOPTED this day of February, 2009.
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 ATTEST:
18
19 Commissioner - Marlene Ross
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 (CORPORATE SEAL)
26
27
28
29
30
31
32
33 S:\CA\RESO\Elected Officer Class designation.doc
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VI.-CONSENT AGENDJ
CITY OF BOYNTON BEACH ITEM D.'
AGENDA ITEM REQUEST FOR
. .' Re uested City Commission Date Final Form Must be Turned
Requested City CommlsslOn Date. Fmal Form M~st be Turned q Meeting Dates in to City Clerk's Office
Meeting Dates m to CIty Clerk s Office
O b 1 2008 (N) 0 February 17,2009 February 2, 2009 (Noon)
December 16, 2008 Decem er , con
O b 15 2008(N on) 0 March 3, 2009 February 17,2009 (Noon)
January 6, 2009 Decem er, 0
o January 20, 2009 January 5, 2009 (Noon) 0 March 17,2009 March 2, 2009 (Noon)
[gJ February 3, 2009 January 19,2009 (Noon) 0 April 7,2009 March 16,2009 (Noon) ,~
.....
o C"J......,.
\.0 .......~
c... -ic,.
o Announcements/Presentations 0 City Manager's Report ~ ;:;.~
NATURE OF 0 Administrative 0 New Business , ~~
T \.0 71,
AGENDA I EM 0 Consent Agenda 0 Legal :c. ~:~
o Code Compliance & Legal Settlements 0 Unfinished Business :J: ~ ti
- --z
o Public Hearing D ::- ~..,
U\ -:.i:t:'M
H. ~i>
..... ~'rn
:I:
RECOMMENDATION: Motion to approve further reduction of a performance bond for the Gateway Boulevard widening
to six lane divided, from Renaissance Boulevard eastward to High Ridge Road by 95%.
EXPLANATION: Per the attached letter, the developer of the Boynton Town Center (The Sembler Company), has
completed the widening of Gateway Boulevard, from Renaissance Boulevard to High Ridge Road, sans some minor striping
remaining to be completed. The City Commission reduced the original bond by 80% at their regular November 18, 2008
meeting. This project represented the continuing area phased development of the supporting roadway network required to
support the said Boynton Town Center commercial development and the future "Cortina" and "Boynton Village" residential
developments to follow.
PROGRAM IMPACT: The original Performance Bond was in the amount of $1,760,000. Both the project consulting
engineer and this Division supported the original requested 80% reduction, and now support the supplemental reduction to the
maximum 95% amount. This remaining 5% amount will cover the project for the one (1) year warranty period, iaw the LDR,
Chapter 7 (Surety), Article I (In General), Section 2.C. (Reduction of Surety) regulation.
FISCAL IMP ACT: N/ A
AL TERNA TIVES: Leaving the current remaining bond amount in place for the balance of the striping and the one (l) ye,
warranty period.
~[ ~~
City Manager's Signathre
r)' r{
Assistant to City Manager U11 .~
Public Works / Engineering Division
Department Name City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
SSEMBLER
Via e-mail andfax
December 22, 2008
Mr. H. David Kelley Jr., PE/PSM
City of Boynton Beach
Engineering Division of Department of Public Works
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: Boynton Town Center and Boynton Village (Winchester Property)
Reduction of Performance Bond # 104708963
Mr. Kelley:
As you are aware, 1950 Congress Avenue, LLC (a/kJa "Sembler", its authorized representative),
pursuant to the development requirements associated with the above referenced property. has flosted
perfonnance bonds with the City of Boynton Beach to ensure construction of various projects.
including one for construction of "Gateway East" (i.e. the road widening from the EA Canal to Ihgh
Ridge Road).
Pursuant to the attached correspondence from Aleksey Sev. dated] ]/2] /08. the City has recently
approved a reduction in the amount of this bond by 80% of its original value, making the current
amount of this bond $352,000.00. As of the date of this letter, \ve are substantially complete with the
work and expect to pass all final inspections required by the City within the next week. Accordmgl}.
we hereby request a further reduction of the associated bond to 5~'o of the original bond amount, for a
new bond amount of $88,000.00. It is our understanding that this amount will remain in place for one
(l) year after completion of the work as a maintenance bond, and any punchlist items that may remain
at the time of final inspections can be covered by this bond.
Please review this information and let me know if you have any questions or comments, or 11' you
require any additional infom1ation in order to process this request.
Respectfully,
~~#
Brad Jacobs
Project Manager, Sembler
On behalf of 1950 Congress Ave, LLC
ce: Jeff Livergood - City of Boynton Beach
Mike Hagan - Sembler
THE SEMBLER COMPANY I SEMBLER.COM
,
EXHIBIT c'N_3"
(LDR, Chap. 7, Art. I, Sec. 3.B.)
(LDR, Chap. 7.5, Art rr., Sec. 7.)
Bond # 104708963
PERFORMANCE BOND
KNOW ALL MEN BY TBESE PRESENTS:
That [1] [we), 1950 Coneress Avenue, LLC . hereinafter call
PRINCIPAL, and Travelers Casualty and Surety Company of America . a surety company
authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and
firmly bound unto the City of Boynton Beach, a political subdivision of the State of Florida,
hereinafter called CITY, the full and just sum of One million. seven hundred and sixty thousand
dollars and zero cents U. S. Dollars ($ 1.760.000.00 ), lawful money of the United States of
America, to be paid to the City of Boynton Beach. to which payment will and truly be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents:
[WHEREAS, the above bound PRlNCIP AL has received approval from the CITY for the
recording of a certain subdivision plat mown as (plat name) . and such
recording is prior to completion of construction of the Required hnprovements as prescribed by
the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6
respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the
REGULATIONS. pertaining to said subdivision;] .QI
[WHEREAS, the above bound PRlNCIP AL has received approval from the CITY for the
construction of a certain project known as Gateway Boulevard Widening from iust West of E-4
Canal to High Ridge Road - Gateway West Improvements (under Land Develooment Permit-
Bovnton Town Center - per letter dated January 30. 2006. written bv the City of Bovnton
Beach), and such project shall construct and install the required public improvements to support
the Project pursuant to the terms of the Permit,] and
\iVHEREAS, PRINClP AL has been issued that certain [ (specify permit type)
Permit] (Land Development Permit] Number . hereinafter the PERMIT, for
construction of said Required Improvements, a copy of which is attached hereto and by reference
made a part hereof; and
WHEREAS. it was one of the conditions of said REGULATIONS and PERN.ITT tbat this
bond be executed.
Page 1 of 4 pages
NOW, THEREFORE, the conditions of this obligation are such that if the above bound
PRlNCIP AL shall in all respects comply or cause others to comply with. the terms and conditions
of said PERMIT, within the time specified, and shall in every respect fulfill [its][bis][her][their]
obligation thereunder and under the plans therein referred to, then this obligation to be void;
otherwise, it shall remain in full force and effect.
The PRlNCIP AL and CITY agree that the City Engineer may, in writing, reduce the
initial amount stated above in accordance with the requirements of said REGULATIONS.
The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the
PRINCIP.AL fails to perform all or any part of the construction work required by said PERMIT
and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written
notice from the CITY or its authorized agent or officer, of the default, to the PRINClP AL or its
authorized .agent or officer, will forthwith perform and complete the aforesaid construction work
and pay the cost thereot: including. but not limited to, engineering, legal, and contingent costs,
together with any damages either direct or consequential. Should the SURETY fail or refuse to
perform and complete the said improvements, CITY, in view of the public interest, health, safety
and welfare factors involved and the inducement in approving and filing the said plat, shall have
the right to resort to any and all legal remedies against the PRlNCIP AL and/or SURETY, Dr both
at law and in equity including specifically the specific performance, to which the PRINGrP AL
and SURETY unconditionally agree.
The PRINCIPAL AND SVRETY FURTHER JOINTLY AND SEVERALLY AGREE
that the CITY, at its option, shall have the right to. construct or, pursuant to public advertisement
and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL
should fail or refuse to do so in accordance with the terms of said PERMIT. Tn the event CITY
should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and
severally liable here'lUlder to reimb'Urse the CITY the total cost thereof, including but not iimited
to, engineering, legal, and contingent costs, together with any damages, either direct or
consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out
and execute all the obligations for construction of Required Improvements pursuant to the
REGULATIONS and PERMIT.
IN' '\VITNESS WHEREOF, the PRJNCrP AL has executed these presents this 19th day of
July, 2006.
BY:
ArrEST:
~p~ -
Ronald P. Wheeler, Member
Page 2 of 4 pages
ADDRESS: c/o The Sembler Company
5858 Central Avenue
St Petersburg. Florida 33707
STATE OF Florida )
COUNTY OF Pinellas )
BEFORE ME personally appeared Craig Sher who IS personally
known to me. or has produced N/A as identification, and who executed the foregoing
instrument as Manager I Member of 1950 Con~ss Avenue. LLC. a Limited Liability Company,
and ac1mowledged to and before me that [he](she] executed such instrument as such Manager I
Member of said Limited Liability Company, and that instrument is the free act and deed of said
Limited Liability Company.
WITNESS my hand and official seal Ibis l~;f July. 2006.
My commission expires: S!;;J.,,;l./of ~.~J
Notary Public
10 L Marcink
~~'~4r-:... ~~~#DD31i: (Seal)
:/~~"= Expires: M~
~~'. wi Bonded
".:'1ioof\: .,' . Bo1JdingCo..lJlD.
"U"",'I. AtlantIC
-OR-
(INDIVIDUAL PRINCIPAL)
WITNESS: BY:.
ADDRESS:
Page 3 of 4 pages
(SURETY SIGNATURE BLOCK)
Travelers Casualty and Surety ,
WITNESS: Company of Am~ SURETY
BY: '
Jo F. Palmer, its attorney-in-fact
ower of attorney mu:stbe attached)
ADDRESS: cia Acardia Southeast. Inc.
311 Park Place Blvd. # 400
Clearwater, FL 33759
STATE OF Florida )
COUNTY OF Pinellas )
BEFORE ME personally appeared J olm F. Palmer who [is) [are]
personallvknown to me or (has][have] produced N/A [and N/A ,
respectively] as identification, and who executed the foregoing instrument, and acknowledged
before me that [he][she][they] executed said instrument for the purpose expressed therein.
WITNESS my hand and official seal this 19th 2006.
My commission expires: ~l',JI#.; Craig W. Fenton
~ (;om1lIlssIon1i'DD71
:.\ ~ ExpiteS Janumy 21. 2.008
.: ~8
:ff.... 8QncIodtlOj'flllll..,.".nce.Inc. (Seal)
Page 4 of 4 pages
-,
, .
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND S'ORETY COMPANY
FARMINGTON CASUALTY COMPAm.'
,_ Hartford, Connecticut 06183-9062
PO"'ER OF ATTORNEY AND CERTIFlCATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COJ\1PANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COl\1PANY' and FARMINGTON CASUALLY COMPANY.
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford:
County of Hartford, State of Connecticut, (hereinafter the "Companies'~) hath made, constituted and appointed., and do by these
presents make. constitlite and appoint: John F. Palmer, Tamara Sue Dlnis, Bill E. Williams, Jr., Craig W. FentoD, JenJ' D.
Cross, Marll :8. Jaco.bs, of Cleartl~ter, Florida, their true and lawful' Attomcy(s)-in-Fact, with full power and authority hereby
conferred to sign, execute and aclmowledge, at any place within the United States, the following instrument(s): by his/her sole
signature and act, any and all bonds, recognizances, contracts of indemnity, and other 'writings obligatory in the nature of a bond,
recognizance, or conditional unclertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and
to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorne)'(s)-
in-Fact. pursuant to the authority herein given, are hereby ratified and confirmed.
. . .'
This appointment is ma~ under imd by authority of the following Standing Resolutions of said Compame;!;, .which Resolutions are
now in full force and effect: "-
VOTED: That the Chairman. the President, any Vice Chainnan. any Executive Vice President, any Senior Vice President, any. Vice President, any
Second Vice President; the Treasurer, any Assistant Treasurer, the COIp~te SecretaIy or any Assistant SecretaIy may appoint Atto.mcys~in-Fact
and. Agents to act for and on bcl1alf of the company and may give such appointee such authority as his or her certificate of authority may prescnbe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contmcts of indemnity, IIIJd other writings obligatory in
the nature ofa bond, recognizance, or conditional 'IlIIdertaking, and any of said officers or the Eoard of Directors at any time may remove any such
'appointee and revoke the power given him or her.
VOTED: That !he Clurimum, the President. my Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing aulhority to one or more officers or employees of this Company, prOvided th8f each such delegation is
in writing and a copY thereof is illed in the office of the SeCl:etary.
VOTED: That any bond, recognizance, contract of indenmit)', or writing obligatory in the Dature of a bond, recognizance, or cODditional
undertaking sha1l be valid and binding upon the Company when (a) signed by the President, any Vice Cbainnan, any Executive. Vice President, any
Senior Vice President or any Vice President, any Second Vice President. !he Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly ex=ted (under seal, if
req11ired) by one or more Attorneys-in-Fact and Agents pursuant to the power prescnoed in his or her certificate or their certificates of authority or
by one or more Company o~= pursuant to a written delegation of anthority.
This Power of .Attorney and Ce~cate. of Authority is signed and sealed by facsimile (mechanical or printed) under and b)'
authority of the fonowing Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
CO~ANY O;F AMERI~ TRAVELERS CASlJALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, whiCh Resolution is now in: full force and effect .
VOT.ED: That the sigDature of eacb of the following officers: President, any Executive Vice Presidl:nt, any Senior Vice President, allY Vice
President, any Assistant Vice President, any Secretar)', an}' Assistant Secretary, IlD.d the seal of the Company may be affixed by facsimile to any
power of attorney or to an)' certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of exeCuting and attesting bonds and undertakings and other writings obligatory in the nat1lre thereof, and any suc:h power of attorney
or.certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon.the Company lIlld any such power so executed and
certified by such facsimile' signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
.--, -,:
_ . L.\.
[l]...QO Standard)
IN WITNESS WHEREOF, TRAVELERS C,4.SUALTY AND SURETY COMPANY OF AMERlCA, TRAVELER.S
CASUALTY AND SURETY COIvIP"ANY and FARMINGTON CASUALTY COMPANY bave caused this instrument ~ ~..c.
signed by their Senior Vice President and their corporate seals to be hereto affixed this 13th day of November 2001
STATE OF CONNECTICUT TRAVELERS CA~UALTY:A..1\f:p SURETY COMPAi'fY OF AMERICA
} SS. Hartford TRAVELERS CASU~TY A.l'iD SURETY COMPANY
FARMrrNGTON:~ASUALTYCOMP~~Y
COUNTY OF HARIFORD
~~ -
By
....m._
George W. Thompson
Senior Vice President
On this 13th day of November, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and ~ay: ~ ~she is SeniorVke President of T.RAVELER$ CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVE~ERSCASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and wbiC;h .executed the above instrument; that heJshe knows the seals of said corporations; that tbe seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of hislher office under the Standing Resolutions thereof.
\Y\~ c.. ~
My commission expires June 3D, 2006 Notary public
Marie C. Tetreault
,
CERTIFICATE
L the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY. COMPANY. OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and aJ:tac:hed Power of Attorney and Certificate of Authority
remains in full force an~ illls not been rc:voke~; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, arc now in force. .
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated tills 19ch day of
July . ,2006.
. ~-f1/L~
By
Korl M. Johanson
Assistant Secretary, Bond
VI.-CONSE~T AGENDA
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20,2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
~ February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Re-authorize the use of$700.00 from Commissioner Ross's Community Investment Fund to assist
students at Galaxy Elementary School with FCA T testing.
EXPLANATION: Commission approval is requested for reallocation of$700.00 to assist Galaxy Elementary in providing
students with snacks during the FCAT tests and prizes for student incentives for grades 3, 4 and 5 for approximately 300
students. This is are-appropriation offunds approved at the 1/19/09 Commission meeting for the Safety Patrol Trip.
PROGRAM IMPACT: Allocation of funds will assist the above program
FISCAL IMP ACT: (Include Account Number where funds wiIJ 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. k~ -
Department Head's Signature City Manager's Signature
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: January 27, 2009
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $700.00
Recipient/Payee: Galaxy Elementary School
Description of project, program, or activity to be funded: Allocation of funds will assist in
providing students with snacks during the FCA T tests and prizes for student incentives for
grades 3, 4 and 5 for approximately 300 students. This is a re-appropriation of funds
approved at the 1/19/09 Commission meeting.
Dated: //r;!(:>,/ ,'--' '1
B ' L.1- I ~ (,:J::-
y: I/~ 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. $2,700 has been used to date by the requesting Member. leaving a
balance of available funds of $7,300. This request would bring the available amount down to
$6,600.
Accordingl y:
IZi There are funds available as requested
o There are insufficient funds available as re~
Dated: ,. )..-1. '>i By: tg$(
Finance Director
Part IlI- Eligibility Evaluation (to be completed by City Manager)
!]I The proposed expenditure of funds will not result in improvement to private
property;
!iJ' The recipient/payee provides services within the City of Boynton Beach;
0 The project, program or activity which is being funded will occur in the Cit)
of Boynton Beach and participation is open to all residents of the City; and
[!t' Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
/
/_.J_c.., I
Dated: i ;?4.,'1POf By: iS~ 11 ",
, ' '" ' } 1t/~.tA.c" "
City Manager
S;\City MgrlAdministration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06,doc
12/30/2008 12:55 5513544448 WXEL FM PAGE En
'\ ,~~ ,.~~\ L) 1"",) ..'",
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\
December 3, 2008
Dear Commissioner Marlene Ross,
I am, writing this correspondence on behalf of the Parent Teacher OrgsJ1ization of Galaxy
Elementary School. Galaxy Elementary School is a Title I school located in the heart of Boynton
Beach. The schoofs population consists of a littl.~ fewer than 500 students who come from lower
socio-economic backgrounds. However, this has not hindered our students from reaching high
expectations. It is in this upcoming school year that we anticipate becoming an, It AU rated school
again.
The PTO's goal for this school year is to support the staff in maintaining high a.cademic
achievements, increased parent involvem,ent and community support. We have met with school
leaders and leachers and they have shared with us a strategic plan of instructional strategies that
will bring about the best achievement of our students. In doing this, we will need your support
volunteerin.g your tim.e or financial support. We need supporters willing to come in and work
with our students and teachers. Here at Galaxy, we are believers of the saying, "It takes a village
to raise a child." Other than volunteering, fmandal contributions are needed as well.. Many of the
programs we provide for the children not only require volunteers, but supplies, materials,
snacks, and student incentives. The Parent Teacher Organization of Galaxy Elementary has
several fund raising activities to support the programs. However, that will not nearly be enough,
Below you will find a list of upcoming events that we would love to have your support either in
the form of a mondary donation or your time:
-
The PIO i!llooking forward to your orgatl17...ation teaming up with the Galaxy PTO, teachers, staff
and students in pu,Tsuing OU.T endeavors of having a successful school year. A partnership wi.th
you will make us one more step closer in making an impact in the life of a Galaxy student.
Thanking you in advance for YOU.T time and consideration. FOT further information or details on
how to support Our school, please contact LaToya Dixon at 561-739-5600.
i~r;-- ---
LaToya Dixon
PTO President
Welsh, Pam
From: Kendall, Kimberley
Sent: Friday, January 23, 2009 9:57 AM
To: Welsh, Pam
Subject: RE: Galaxy Elementary - Safety Patrols Washington Trip Funding
Ms Dixon called me and said that the trip was last week and they had to pay the fees upfront. So there is no rush on the check
She wanted to know if there is any reason that we can't still fund them the money and they could use it for something else She
mentioned that they have the FCA T testing coming up and they want to provide the students with snacks during the testing (testing
starts March 10) and prizes for student incentives (i,e, T-Shirts) It will be for the 3,4, 5 graders which would be approx 300
students,
Kimberley Kendall
Administrative Secretary
City Manager's q[(ice
Tel: (561) /./2-6010
Fax: (561) 742-6011
email: kendallk@bbfl.lts
From: Welsh, Pam
Sent: Thursday, January 22, 2009 6: 10 PM
To: Kendall, Kimberley
Subject: RE: Galaxy Elementary - Safety Patrols Washington Trip Funding
Sounds good,
From: Kendall, Kimberley
Sent: Thu 1/22/20092:53 PM
To: Welsh, Pam
Subject: Galaxy Elementary - Safety Patrols Washington Trip Funding
Pam - this sound ok to send?
Dear Ms, Dixon,
Your request for $700,00 from Commissioner Ross's Community Investment Fund to send a student on the Safety Patrol Trip to
Washington, D,C, was approved by the City Commission on January 20th, 2009,
A check request has been sent to our finance department and will be available early next week, Please let me know when the triP
is scheduled and when you need the check by, so that we can make the appropriate arrangements
Thank you,
Kimberle)' Kendall
Administrative Secretary
Ciiy lvfanager's Office
Tel: (561) 742-6010
Fax: (561) 742-6011
email: kendallk@b~fl.lts
1/26/2009
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16,2008 December 1,2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
[8J February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations [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: Review and approve FY20IO Federal Appropriations submittals.
EXPLANATION: Staff has received requests through our federal lobbyists, U.S. Strategies, Inc., from the offices of Senator
Martinez, Congressman Hastings, Congressman Klein and Congressman Wexler, to submit any project(s) for which we may
be seeking federal funding. This can be in the form of specific agency funding or a special appropriation. Attached to this
cover sheet is the list of thirteen (13) projects city staff and the CRA have assembled for consideration under the MainStreet
Economic Recovery (Stimulus) package, submitted through The United States Conference of Mayors. Staff is requesting the
City Commission to review and prioritize the list of projects and direct staff as to which projects they would prefer are sent to
Washington for consideration of appropriation funding. After submittal of the appropriations requests, city staff then works
with our federal lobbyists to track the requests and obtain federal legislative endorsements for the submittals. Part of the
process will be to acquire Senate sponsorships. Congressman Klein's submittal deadline is February 11,2009.
The city's FY2009 federal appropriations submittal included a Mobile Incident Command Center, construction of a 13.5 acre
barrier-free park (Congress Ave. Park), request to expand the Youth Violence Prevention Program, and construction of a
"sustainable green" Police Facility. No funding was awarded for the FY2009 federal appropriations requests.
The attached list of projects for consideration includes;
. Congress A venue Community Park Estimated Cost $8,900,000
. Hester and Pence Parks LightinglField Retrofit Estimated Cost $1,600,000
. Quantum Eco Park Estimated Cost $4,500,000
. Municipal Grounds Landscape Retrofit Estimated Cost $1,000,000
. Oceanfront Park Boardwalk Replacement Estimated Cost $2,400,000
. New Police Facility Estimated Cost $31,000,000
. Boynton Harbor Marina Redesign (CRA Project) Estimated Cost $6,500,000
. Seacrest and Martin Luther King, Ir. Boulevard and Reconstruction Estimated Cost $5,500,000
. Stormwater Improvement - SE 4th Street/SE Federal Hwy Corridor Estimated Cost $5,020,792
. Stormwater Management/Swale Improvements at Seacrest Corridor Estimated Cost $7,529,597
. Stormwater Improvement and Water Main Replacement - NW 17th Ave. Estimated Cost $3,234,000
. Perimeter Protection and Surveillance Entry Notification Estimated Cost $227,670
. Phase 1 New Force Main from East Plant to Regional Plant,
new force main LS at SE 6th Ave, new LS at SE 6th Ave. Estimated Cost $6.320,000
TOTAL $83,782,059
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT: Funding, if approved would reduce local funding costs for the projects listed.
FISCAL IMPACT: N/A
ALTERNATIVES: Do not pursue the projects or fund the projects 100% locally or by other grants available.
~ ~"
Assistant to City Manager ~
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
.
.
The City of Boynton Beach
OFRCE OF THE CITY MANAGER
100 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: bressnerk@ci.boynton-beach.fI.us
www.boynton-beach.org
City of Boynton Beach, Florida
Requested Infrastructure Project Funding Summary
December 8, 2008
Municipal Proiects
1. Conl!ress Avenue Community Park:
a. Project Description: Construction of a 13 acre barrier-free community park including
a 4,000 to 8,000 sq. ft. therapeutic recreation building built to LEEDS or Florida Green
Building Coalition standards. Park amenities (water play features, playgrounds,
strolling paths, eco-education) will satisfy the needs of all ages and disabilities for
Boynton Beach residents as well as those in surrounding communities.
b. Estimated cost: $8,900,000
c. Employment opportunities: Anticipate creation of 50-100 construction jobs and two
full time equivalent positions.
2. Hester and Pence Parks Lil!htinl!lField Retrofit:
a. Project Description: Conversion of existing natural turf ball fields to synthetic turf and
conversion of ball field lighting to computer controlled lighting for energy conservation,
thereby eliminating the use of chemicals, fertilizers and potable water for field
maintenance.
b. Estimated cost: $1,600,000
c. Employment opportunities: Anticipate creation of 10 construction jobs.
3. Quantum Eco Park:
a. Project Description: Development of an "eco" park using LEEDS or other "green"
design principals. Amenities to include trails through natural areas, nature center for
environmental education, interpretive exhibits, rock garden, butterfly garden, botanical
areas, arboretum, picnic area, play areas, lake and kayak/canoe launch. This will also
serve as a link in the City's greenwaylblueway (waterway) system. The nature center
will be the City's center for environmental education and sustainable use.
b. Estimated Cost: $4,500,000
c. Employment opportunities: Anticipate creation of 25-50 construction jobs and three
new full time equivalent maintenance positions.
City of Boynton Beach, FL Summary Project List 12/08 1
. 4. Municipal Grounds Landscape Retrofit:
a. Project Description: Upgrade landscaping to replace large turf areas with native
plantings to reduce reliance on potable water supplies. Project would also result in the
reduction of fertilizer/chemical applications in the majority of building grounds and
roadway medians.
b. Estimated cost: $1,000,000
c. Employment opportunities: Anticipate creation of 15 construction jobs.
5. Oceanfront Park Boardwalk Replacement:
a. Project Description: Utilizing a renewable wood source this project calls for the
replacement of approximately 900 linear feet of oceanfront boardwalk. The existing
boardwalk has failed and is presenting a hazard to beach patrons. The boardwalk must
be either replaced or the facility closed. This park serves as access to the ocean for all
Boynton Beach residents as well as to other Palm Beach County residents.
b. Estimated cost: $2,400,000
c. Employment opportunities: Anticipate creation of approximately 50 construction jobs
6. New Police Facilitv:
a. Project Description: The Nationally accredited Boynton Beach Police Department
currently operating in an 18,000 square foot building. A recent space needs analysis
performed by an architect found the need for slightly over 81,000 square feet of space to
accommodate department operations both now and for 25 years into the future. Boynton
Beach is, as is many other cities nationally, experiencing increasing public demand for
police services to combat all types of crime, including gang activity. It is critical that
the Police employees operate in a facility that is designed to allow for superior police
servIces.
The existing Police building is not constructed to current life safety codes. The building
does not benefit from fire suppression nor is the building designed according to current
standards for hardening public facilities to essential facility status within a hurricane
zone. Therefore, to ensure critical police service after a potentially devastating
hurricane wind event, it is desirable to construct a new facility.
Construction of a new Police Facility offers the opportunity to design the building
according to LEEDS standards. Depending upon the level of LEEDS certification, the
City of Boynton Beach will be able to ensure reduction in utility resources (electric and
water) and also provide enhanced working conditions for employees through improved
air and lighting quality. This is an opportunity for introduction of LEEDS design
elements on a fairly large scale municipal project.
b. Estimated Cost: The new Police Facility is estimated to cost approximately $31
million, including a parking structure, and is proposed to occupy a site shared by a Fire
Station / Fire Administration Building that is now under construction and will be placed
into service in early Summer 2009. The union of the two facilities will form a unique
public safety complex for the benefit of Boynton Beach residents.
c. Employment opportunities: Anticipate creation of approximately 250 to 300
construction jobs.
AMERICA'S GATEWA Y TO THE GULFSTREAM
"
.
Community Redevelopment Ag:encv (CRA) Proiects
7. Bovnton Harbor Marina Redesil!n:
a. Project Description: The City/CRA desire to redesign the public marina to create more
public access to the waterfront, maintain the existing working waterfront and its businesses
and to create a destination for downtown Boynton Beach. The project includes the redesign
and improvement of the boat slips, construction of public walkways, lighting, signage,
landscaping and public art. Additionally, the plan calls for a public plaza with an
interactive fountain and performing arts area. The City/CRA is committed to incorporating
numerous design elements to conserve water and electricity within the project. The project
will also include public education elements on the importance of preserving Florida' natural
systems. This is a catalyst project for an interconnected water transit system being planned
for Palm Beach County.
b. Estimated Cost: The entire project is estimated to cost $6,500,000
c. Employment Opportunities: Approximately 75 jobs will be created including
construction and engineering positions.
8. Seacrest and Martin Luther Kinl!. Jr. Boulevard and Reconstruction:
a. Project Description: The City/CRA are seeking to improve sections of Seacrest and
Martin Luther King, Jr. Boulevard within a low-income minority community known as
the Heart of Boynton in order to increase safety, encourage redevelopment and improve
the quality of life for neighborhood residents. Improvements will include new lighting,
crosswalks, wider sidewalks, landscaping, pavers and traffic circles to slow traffic
through this residential neighborhood.
b. Estimated Cost: $5,500,000
c. Employments Opportunities: Approximately 60 jobs will be created including
construction and engineering jobs.
Total Value of General Municipal Projects: $49,400,000
Total Value of CRA Projects: $12,000,000
Total Employed - General Municipal - 525
Total Employed - CRA - 135
City Utility Projects
1. Stormwater Improvement - SE 4th Street/SE Federal Hwy Corridor
a. Project description
Roadway improvements, potable water main installation, stormwater and
reclaimed water improvements
b. Estimated Construction Cost
$5,020,792
c. Estimated employment opportunities
67 people will be employed as construction jobs
AMERICA'S GATEWA Y TO THE GULFSTREAM
..
.
~.
2. Stormwater ManagementlSwale Improvements at Seacrest Corridor
a. Project description
Potable water main replacement and stormwater improvements
b. Estimated Construction Cost
$7,529,597
c. Estimated employment opportunities
100 people will be employed as construction jobs
3. Stormwater Improvement and Water Main Replacement - NW 17tb Ave. (Rolling Green
area)
a. Project description
Potable water main installation and stormwater improvements.
b. Estimated Construction Cost
$3,234,000
c. Estimated employment opportunities
43 people will be employed as construction jobs
4. Perimeter Protection and Surveillance Entry Notification
a. Project description
Security improvements for water treatment and other utilities facilities
b. Estimated Construction Cost
$227,670
c. Estimated employment opportunities
3 people will be employed as construction jobs
5. Phase 1 New Force Main from East Plant Site to Regional Plant, new force main LS at SE
6th Avenue, new LS at SE 6th Avenue
a. Project description
New regional sewage force main and pumping station to provide future capacity
and redundancy of critical infrastructure
d. Es(imated Construction Cost
$6,320,000
e. Estimated employment opportunities
84 people will be employed as construction jobs
Total Value of City Utility Projects: $22,382,059
Total Employed: 297
Grand Total Value of Municipal (General + Utility) Construction: $71,782,059
Grand Total Value ofCRA Projects: $12.000.000
Overall Total: $83,782,059
Grand Total Projected Employment for all Projects: 957
AMERICA'S GATEWA Y TO THE GULFSTREAM
.. ~
~.
Contact Information on Project List:
Overall questions on this list may be directed to Kurt Bressner, City Manager, City of Boynton Beach,
FL at 561-742-6010 or via e-mail at bressnerk@bbfl.us
KB/LLIKB/JL: 12/0808
AMERICA'S GATEWA Y TO THE GULFSTREAM
XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.I
AGENDA ITEM REQUEST FORl\.
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
o December 16, 2008 December I, 2008 (Noon) 0 February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
c-,
o ~~
o January 20, 2009 January 5, 2009 (Noon) 0 March] 7,2009 March 2, 2009 (Noon)\.O .-4-<
'- -<c
O ~ :,~
ISI February 3, 2009 January 19,2009 (Noon) April 7, 2009 March 16, 2009 (Noo,~ ~'11~
- ';:l:J-<
~E
-0 J>-i
o Announcements/Presentations 0 City Manager's Report =: o~
NATURE OF 0 Administrative 0 New Business ~ .....>......'
AGENDA ITEM 0 Consent Agenda ISI Legal - . ,'f;)
o Code Compliance & Legal Settlements 0 Unfinished Business :I:
o Public Hearing 0
RECOMMENDATION: Please place this request on the February 3,2009 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission on January 20,2009, approved this request under Public Hearing and
Legal, Ordinance - First Reading.. For further details pertaining to this request, see attached Department Memorandum No.
08-108.
EXPLANATION:
PROJECT: Habitat for Humanity (ABAN 09-001)
AGENT: Peter Blacklock of Ruden, McClosky
OWNERS: City of Boynton Beach
LOCATION: West of the FEC Railroad right-of-way, north ofNE 11th Avenue
DESCRIPTION: Request for abandonment of an unimproved portion of Railroad Avenue
approximately 15 feet wide and 45 feet long, located west of the FEC Railroad
right-of-way and approximately 50 feet south ofN.E. 12th Avenue, in connection
with the plan to build infiIl single-family housing.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:) . . ..
~ /!
I .I' //
/ d~~ _
City Manager's Signature
Assistant to City Manager C/J~
~ ~
/' Planning and Zoning Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\R-O-W Abandonment Railroad Ave N, ofNE II Ave\Agenda Item Request Habitat for
Humanity ABAN 09-001 2nd reading 2-3-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
I
i
I
I
I ORDINANCE NO. 09- ( J I
1
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF AN UNIMPROVED PORTION OF RAILROAD
6 A VENUE APPROXIMA TEL Y 15 FEET WIDE AND 45
7 FEET LONG, LOCATED WEST OF THE FEe
8 RAILRAOD RIGHT-OF-WAY AND APPROXIMATELY
9 50 FEET SOUTH OF NORTHEAST 12TH A VENUE,
10 SUBJECT TO ST AFF COMMENTS; AUTHORIZING
11 THE CITY MANAGER TO EXECUTE A DISCLAIMER,
12 WHICH SHALL BE RECORDED WITH THIS
13 ORDINANCE IN THE PUBLIC RECORDS OF PALM
14 BEACH COUNTY, FLORIDA; AND PROVIDING AN
15 EFFECTIVE DATE.
16
17
18 WHEREAS, Peter Blacklock of Ruden, McClosky, agent for Habitat for Humanity l~
19 requesting that the City abandon a portion of Railroad A venue located west of the FEC Railroaq
20 right-of-way and approximately 50 feet south of N.E, 1 ih A venue, subject to staff comments~
21 and
22
23 WHEREAS, comments have been solicited from the appropriate City Departments. a
24 public hearings have been held before the City's Planning and Development Board, and the Cil}1
25 Commission on the proposed abandonment; and
26
27 WHEREAS, staif finds that the right-of-way no longer serves a public purpose. and th~
28 City Commission adopts that finding.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION o~l
31 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
32
33 Section 1. The foregoing Whereas clauses are true and correct and lI1cnrporatedj
34 herein by this reference.
35
36 Section 2. The City Commission of the City of Boynton Beach. Florida. docs hCrebyl
37 abandon an approximately 15 feet wide by 45 feet long portion of the Railroad Avenue right-of-
38 way located west of the F.E.C. railroad right-of-way approximately 50 feet south of N .E. ] 2thr
39 A venue, subject to staff comments. The property being abandoned is more particularJ)!
40 described as follows:
41
42 I The west 15.0 feet of that portion of the 65 foot Right-of-Way for Dixie High\vay
43 (now Railroad Avenue) lying east of and adjacent to Lot 2, Block] O. Happy
44 Home Heights, according to the Plat thereof as recorded in Plat Book 1 L Page 30,
45 Public Records of Palm Beach County, Florida. bounded as follO\vs: on the North
SIC rdlnances\Abandonments\Habltat for Humanity doc
1 by the Easterly extension of the North line of said Lot 2 and on the South by the
2 Easterly extension of the South Line of said Lot 2.
3
4 Containing 681 square feet :I:
5
6 Section 3. The City Manager is hereby authorized and directed to execute th
7 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Record
8 of Palm Beach County, Florida.
9
10 Section 4. This Ordinance shall take effect immediately upon passage.
11 FIRST READING this ~ day of Ja.,W(l Cr, 2009.
12
13
14 SECOND, FINAL READING AND PASSAGE THIS _day of ,
15 2009.
16
17 CITY OF BOYNTON BEACH, FLORIDA
18
19
20 Mayor - Jerry Taylor
21
22
23 Vice Mayor - Jose Rodriguez
24
25
26 Commissioner - Ronald Weiland
27
28
29 Commissioner - Woodrow L. Hay
30
31
32 Commissioner - Marlene Ross
33 ATTEST:
34
35
36 Janet M. Prainito, City Clerk
37
38
39
40 (Corporate Seal)
S.\CA dinances\Abandonments\Habitat for Humanity doc
DISCLAI1\;1ER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the ( It:
of Boynton Beach. Florida, does hereby abandon an approximately 15 feet wide by 4~ lee!
long portion of the Railroad Avenue right-of-way located west of the F.E,c. railroad right-IJj-
way approximately 50 feet south of N.E. 12th A venue. subject to staff comments, ; he
property being abandoned is more particularly described as follows:
The west 15.0 feet of that portion of the 65 foot Right-of- Way for Dixie High\va:
(now Railroad Avenue) lying east of and adjacent to Lot 2. Block 10. Happy
Home Heights, according to the Plat thereof as recorded in Plat Book 11. Page 3().
Public Records of Palm Beach County. Florida. bounded as follows: on the N0I1h
bv the Easterlv extension of the North line of said Lot 2 and on the South bv the
. . .
Easterly extension of the South Line of said Lot 2.
Containing 681 square feet ::l:
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach. Florida, have hereunto set their hands and affixed the seal of the City this
day of ,2009,
ATTEST: CITY OF BO'r'NTON BEACH. FLORIDA
--.----
Janet M. Prainito Km1 Bressner. City Manager
City Clerk
ST A TE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority. personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and \"/ho executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS my hand and official seal in the said State and County this~___ day of
---~,--- .2009.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S'\CA\Ordlnances\Abandonmenls\Habltat for Humanity doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-108
TO: Chair and Members
Planning and Develop~nt Board
. I
1 ; f!./
THRU: Michael W. Rumpf ,,}f
Planning and Zoning Director
FROM: Kathleen Zeitler lu
Planner II -
DATE: December is, 2008
SUBJECT: Habitat for Humanity Right-oF-Way Abandonment (A BAN 09-001)
Railroad Avenue (adjacent to Lot 2, Block 10, Happy Home Heights)
NATURE OF REOUEST
Mr. Peter Blacklock of Ruden, McClosky, agent for Habitat for Humanity of South Palm Beach County, Inc., is
requesting to abandon a portion of Railroad Avenue located west of the FEe Railroad right-of-way and
approximately 50 feet south of N.E. 12th Avenue (see Exhibit "A" - Location Map). The applicant has
assembled several parcels in the area as part of a plan to build infill single-family housing. The property to
be abandoned is situated adjacent to four (4) parcels of land to the west (all owned by Habitat for
Humanity) and the Florida East Coast (FEC) Railway to the east. The segment of right-of-way requested to
be abandoned is approximately 15 feet in width by 45 feet in length and contains approximately 681 square
feet. The subject property to be abandoned is further described as follows:
The west 15.0 feet of that portion of the 65 foot right of way for Dixie Highway (now Railroad
Avenue) lying east of and adjacent to Lot 2, Block 10, Happy Home Heights, according to the plat
thereof as recorded in Plat Book 11, Page 30, Public Records of Palm Beach County, Florida,
bounded as follows: on the North by the easterly extension of the north line of said Lot 2 and on
the South by the easterly extension of the south line of said Lot 2, containing 681 square feet
more or less.
The following is a description of the land uses and zoning districts of all properties that surround the subject
property to be abandoned.
North - Right-oF-way for Railroad Avenue; and to the Northwest, a residential parcel on NE
12th Avenue zoned R-2;
South - A vacant parcel owned by Habitat for Humanity zoned R-2;
East - Right-of-way for Railroad Avenue and the FEC Railroad; and farther east, commercial
parcels zoned C-4.
West - A vacant parcel owned by Habitat for Humanity zoned R-2; and farther west, vacant
parcels owned by Habitat for Humanity zoned R-2, and a mix of developed
residential parcels zoned R-2.
:::'ogs ~
lvierTIo,andun: r,c ' ~ Ii""
L,B.';N OSI-OC ~
The subject portion of Railroad Avenue to be abandoned was platted as "Dixie Highwa\" "ght-of-vv3, d
lies within the boundaries of the Happy Home Heights subdivision plat. The approved subdivisiori ::,iiOr 1','2:)
recorded in Plat Book 11, Page 30 on February 25, 1925 (see Exhibit "8" - Plat and Exhibit "8-1"
Portion of Plat). Although the subject property was not used or improved as right-of-wa'v as intended C),
recorded plat, the subject property was dedicated to the public as a publ'lc right-or-way and is
under the control and jurisdiction of the City Commission. Typically, the reversionaly' clause LliE:
dedication of the plat dedicates to the perpetual use of the public the public ilighways, streets, av'er:u,~::',
boulevards, and alleys shown on the plat, and reserves unto itself, i,::s successors and legai represen'Lat!v'.:;,
the reversions or reversion of same, whenever abandoned by the public or discontinued bv law, r.,,: '::i!y
makes no representation regarding the impact of the reversionary language on Litie to the aO;ckr~n;-
properties.
Exhibit "C"- "Survey of Proposed Abandonment" shows the exact location of the subject site and its iegal
description. Habitat for Humanity has assembled Parcels 1 through 4 (as shown on survey) fm' future
residential development. The properties are zoned R-2 (Single-family and Duplex Residential), It is
unknown at this time how the properties will be developed, as a conceptual subdivision plan has not been
submitted with the abandonment request. It is important to note that the application submitted states the
following: (1) the approximately 682 square foot area which the applicant is proposing to vacate is not used
by the general public; (2) abandonment of the subject property will be used solely as access to the
applicant's adjacent property; and (3) granting abandonment will provide for unified development of the site
without detrimentally impacting adjacent properties.
BACKGROUND
The Railroad Avenue right-of-way extending from Boynton Beach Boulevard north to NE BIn Avenue :s
improved with approximately 20 feet of pavement and lies west of and adjacent to the FEC Railway.
According to the survey submitted, the Railroad Avenue right-of-way is included within the FEC Railroad
right-of-way, which is typically 50 feet (as measured from the centerline of the FEC Railroad right-of-way)
varying to 65 feet from the same centerline in some areas. The subject abandonment request is for d
segment of the 55-foot portion of Railroad Avenue right-of-way that extends a distance of approximately 45
feet in the area between NE 11th Avenue and NE 1ih Avenue. Records indicate previous abandonments of
other segments of Railroad Avenue farther south (between SE 2nd Avenue and SE lOlt' Avenue), wher'"
Railroad Avenue is unimproved.
Re-development or expansion of the adjacent property following abandonment requires the property owner
to establish proof of clear title as a condition of re-development or expansion. The applicant has submitted
an Ownership and Encumbrance Report from First American Title Insurance Company that finds the subject
property to be abandoned is a portion of a dedicated public roadway (Railroad Avenue) pursuant to th'c
recorded plat, and that the subject property has no encumbrances or matter affecting title.
ANALYSIS
When a right-of-way is abandoned, the ownership of the abandoned land is transferred from the City of
Boynton Beach to the abutting property owner(s). Typically, abandoned property is divided in half, with fifty
percent (50%) of the property transferred to the owner of each adjacent real property. The appiicam
requesting this abandonment is the owner of all of the affected properties to the south and west, and the:
FEe Railway right-of-way lies immediately to the north and east of the property to be abandoned. Pe, th::
Palm Beach County Property Appraiser's Mapping & GIS Department, a right-of-way is not considered to be:
Page 3
Memorandum No, PZ 08-108
ABAN 09-001
real property to which a portion of abandoned property can be transferred. In addition, property to be
abandoned, when located in a platted subdivision, must remain within the boundaries of the plat. The
subject Railroad Avenue is part of the plat; however, the FEC Railway right-of-way pre-dates the plat, and is
included on the plat only as an existing right-of-way adjacent to the boundaries of the plat. Therefore, the
entire width (15 feet) of the abandoned property would be transferred to the applicant in accordance with
standard procedures conducted by the County's Property Appraiser's office.
Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III,
Section 4 of the Land Development Regulations. All public utility companies have been notified, and the
abandonment request has been advertised in the local newspaper. The Engineering Division has notified
the FEC Railroad Company regarding the abandonment and has not received a response.
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering - No objection
Public Works / Utilities - No objection
Planning and Zoning - No objection
PUBLIC UTILITY COMPANIES
Florida Power & Light - No objection
AT&T - Florida - No objection
Florida Public Utilities - No objection
Cable (Comcast) - No objection
All public utility providers have indicated that they have no objection to the applicant's request for
abandonment.
RECOMMENDATION
Staff has determined that the subject portion of Railroad Avenue right-of-way to be abandoned serves no
public purpose. The proposed abandonment would not adversely affect any neighboring properties relative
to utility services or access. Therefore, based on the above findings, staff is recommending approval of the
request to abandon the subject portion of the 65 foot right-of-way as described above. Any conditions
recommended by the Planning and Development Board or City Commission will be placed in Exhibit \lD" _
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\R-O-W Abandonment Railroad Ave N of NE 11 Ave\Staff Report.doc
cA.....1 tsl I "Au - LUl;ATION MAP
RAILROAD AVE ABANDONMENT
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I SUBJECT PROPERTY ~. If
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EXHIBIT C
SUBJECT PROPERTY
b I: I iN cr;r.r." Nil -- -" '\. ~
,,' ,::l 95.92' S1.RVEY ;~
x 2JJ~ ~ 1 Na?TH LI>F- LOT 2 J
+ ~l
\ .~~~tp
,0 ME HEIGHTS Cj rtp:n PARCrL 4
1 ~ :;r--
>'OOK 71, PAGE 30) ~~ ARf:A - 4, '" SOUAIif FU:f MORE: m LESS
LOT 2
LOT 5 LOT 4 LOT 3 ~ -f BL aCK 10
BLOCK 10 ~ BLOCK 10 BLOCK 10 "'t A "'-".
," ;:;,0 0"1. . ~,?J
, 3.7'
202.95' ~(l..~
330'
-<( \ ~
'"
r L J :,,:: ~\ P A R C r L 7 8
FEtT, I.lCRt OR lLSS '.) AREA ~ 5.892 SQUARe rrrr. I.lrY?E D'? u:ss iii
a 5:? ~
-.J \ 5.H, LOT ~ :;;
PLA T) CI:l (AS LABELED 0'>1 Pl.A T) ll) w
L 170,0'
-------------,;..,
, ,;, ~ FC1NJ 5/S"/ROO,' '" <;.
xt;J. nO' )'~' >:(/.. ROO (NO /tl.AAf!Je?) ,,>..o{ll "I-
- J---------:s0:02'----SO:OZ'- ?768'
209,74' S1.Rl-IT mo' OCSCRPTlON & - . ~
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n t!~ c:;" '<;
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.... - ~ w \ PAR C r L 2 ~I ct:.. ""
",~8: '- . :o:"j ~
c1~~~ '" AREA = 15,BOB S~ rrrr. "';I ~
l-. Vl MCFE 09 LESS ~ct'
~~, iJ! "" ~ ~ -<( b~ I CC ul
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x 209.74' SLRVfY ,Y' r OR :>'
c arc", .>5\ l Hi.Ob't"'" 159.74' SLRVEY + 0 \.s:s. +
R 1:1: r CONC aRB ~ 150.0' DtSCRfDTlON 01)1' 0I)~\ ~
+0.02 : x" )" ' x '
- 7'--F(}OO NAl. - - l- TilE. 11TH-AVENuE - - - - -
WTT'?&~~ ~ A V [D - -
BENcH MARK T(]P (F J I,
NAlL ANJ QS1( +UOT DESCRIPTION OF PARCEL TO BE ABANDONED: )
{E~ MAP,
THE WEST 75.0 FeET OF THA T PORTION OF THE 65 FOOT ~:
RIGHT OF WA Y FOR DIXIE HlGHWA Y (NOW RAILROAD A VENIE) I HEI/EB,' CBf/m-
LYING [AST OF AND ADJACENT TO LOT 2, BLOCK 70, AM> MrrT5 THi:
HAPPY HOME HEIGHTS, ACCORDING TO THE PLA T THEREOF BOARCJ or PROF!:
AS RECORDED IN PLA T BOOK 77. PAGE 30, PUBLIC RECORDS AOUtNISTRA TlVE C
OF PALM BEACH COUNTY. FLORIDA. BOUNDED AS FOLLOWS:
ON THE NORTH BY THE [ASTERL Y EXTENSION OF THE NORTH
LINE OF SAID LOT 2 AND ON THE SOUT:-/ BY THE EASTERL Y
E:XTENSION OF THE SOUTH LINE OF SA/Li LOT 2.
r.nNT A/HIM"'; fiR1 SOUARE FEET MORE OF: LESS.
EXHIBIT "D"
l'ondinons of Appro\ ai
Project name: Railroad Avenue]\ ofNE 11th Avenue .'\oandOnmC1l1
(HabItat for Humanity)
File number: ABAN (lq-OO]
I ; INCUJDE i li
DEPARTMENTS REJEt.] \'
I:
I i I
!'
PUBLIC WORKS- Solid Waste I i m~!
I I
! i,
Comments: None X :'
I I i:
---, ! ..~{
,
I
I
PUBLIC WORKS - Forestry & Grounds I
I ~- ~.--" '~1\
I
I i I'
Comments: None X ' \:
I I
I .. i
I -'-~l
PUBLIC WORKS- Traffic I
,
I I
I ComrrlC'nt" None ! I ____-1:
! :,
I'
X I '11
I
UTILITIES \
--.--1
I Comments: None i I
X I I;:
i
- I ...' -i
FIRE I d
I Comments: None ! ---II
"
II
X ii
I i I'
I Comments: None 1 - 'I'
I
POLICE ! I
i i
.-
I
I
X i
, i i
I ! "~--~-i
I
I ENGINEERING DIVISION I
I I --"~.--,-..
I Comments: None I
i
I X f
I -
I BUILDING DIVISION
._-~
i
Comments: None I .\
I
PARKS AND RECREA TIOl'O
I Comments: None :\
I FORESTER/ENVIRONMENT ALIST
I Comments: None \
- _.~_.., ------. ----"=-==-'-,.
Conditions of Approval
2
I DEP ARTMENTS I INCLUDE I REJECT I
I Comments; None PLANNING AND ZONING I I I
X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\R-O-W Abandonment Railroad Ave N, ofNE II Ave\COA,doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH. FLORIDA
PROJECT NAME: Railroad Avenue N of NE11:r Avenue Right-of-WavAbandonment
APPLICANT'S AGENT: Peter Blacklock of Ruden, McClosky (for Habitat for Humanity'
AGENT'S ADDRESS: 4855 N, Technology Way Suite 630 Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3.2009
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 65-foot wide right-of-way of
Railroad Avenue
LOCATION OF PROPERTY: West of Railroad Avenue, North of NE 11th Avenue
DRAWING(S): SEE EXHIBIT "C" A TT ACHED HERETO,
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2. The Applicant
- HAS
- HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff. or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof,
- DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
6, All further development on the property shall be made in accordance with the terms
and conditions of this order.
7, Other
DATED:
City Clerk
S:\Planning\SHAREDIWPIPROJECTS\Habitat for HumanityIR-O-W Abanaonment Raiiroad Ave N of N:::: 11 Ave\DO.ooc
XII. - LEGAL - 2nd Reading
Non-Development
CITY OF BOYNTON BEACH ITEM B.l
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16, 2008 December I, 2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17, 2009 (Noon) (;~,
t......
0 Q::j
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) \.0 -"<
-I.
'- -'
)> ...C
C8J o April 7, 2009 March 16, 2009 (Noon~ (J""tl
February 3,2009 January 19, 2009 (Noon) r-;:S!2
..t.~ i
- :;:;.::;-.<
" ~%
U'l~.
0 Announcements/Presentations 0 City Manager's Report ::J: 0
0%
NA TURE OF 0 Administrative D New Business ;S; 3m
AGENDA ITEM 0 C8J 0 .
Consent Agenda Legal - 'lQ
0 Code Compliance & Legal Settlements 0 Unfinished Business ':C
0 Public Hearing 0
RECOMMENDATION: Please place this request on the February 3,2009 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission on January 20,2009, approved this request under Public Hearing and
Legal, Ordinance - First Reading.. For further details pertaining to this request, see attached Department Memorandum No.
08-097.
EXPLANATION:
PROJECT: Pet Care (Boarding & Daycare) (CDRV 09-001)
AGENT: City-initiated
DESCRIPTION: Request for interim amendments to the Land Development Regulations, Chapter
2, Zoning to add provisions and regulations for Pet Care (Boarding and Daycare)
in the C-3, CA, CBD, PCD, SMU, MU-Ll, MU-L2 and M-I zoning districts.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES: J2 /7"
Development D c~ager's Signature ----
Assistant to City Manager ~
,/ ~.. -
Planning and Zoning Director City Attorney / Finance
S:\PJanning\SHARED\WP\SPECPROJ\CODE REV1Ew\CDRY 09-001 Pet Care (boarding and day care)\Agenda Item Request Pet Care CORY 09--001 2-
3-09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
I
I
I
] I ORDINANCE NO. 09-{'!,.L,
i
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULA TIONS, CHAPTER 2, "ZONING", TO
6 PROVIDE FOR PET CARE (BOARDING AND DAY
7 CARE) WITHIN CERTAIN ZONING DISTRICTS
8 WITHIN THE CITY, SUBJECT TO CONDITIONS AS
9 PROVIDED HEREIN; PROVIDING FOR CONFLICTS,
10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
1 ] DATE.
12
13 WHEREAS, the City Commission has requested that staff review those current
14 regulations applicable to the pet care, including the ability of businesses to operate pet
15 boarding and day care within the City; and
]6 WHEREAS, the City Commission has considered staffs recommendations and
17 reports, and determines and tlnds that it would be appropriate to amend the current land
]8 development regulations to permit, with conditions. pet boarding and day care within certain
19 zoning districts within the City; and
20 WHEREAS, the City Commission tlnds that the adoption of this ordinance is in the
21 best interest of the health, safety. and welfare of the citizens and residents of the City of
22 Boynton Beach.
i' NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
--'
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
,- Section] . The foregoing whereas clause i~ true and correct and is now ratified and
..:.)
26 ontlrmed by the City Commission.
27 Section 2. That Part III, "Land Development Regulations", Chapter 2. "Zoning",
28 ection 6. "Commercial District Regulations and Use Provisions", sub-section C. "c-~
29 ommunity Commercia] District", sub-section]., "Uses Permitted", of the City of Boynton
30 each Code of Ordinances, is hereby amended to read as follows:
1 * * *
2 hh. Pet Care (boarding and daycare ). As the principal business, this
3 business is subiect to conditional use review and approval. As an accessory
4 use to the following principal uses: veterinary office. pet store, or pet groomer,
5 this use is not subiect to conditional use review and approval unless as an
6 accessory use, the accessory use exceeds 25% of the floor area of the principal
7 use, or 2.500 square feet, whichever is less. No external kenneling is allowed
8 as an accessory use.
9 Section 3. That Part III, "Land Development Regulations", Chapter 2, "Zoning",
10 Section 6, "Commercial District Regulations and Use Provisions", sub-section E., "CBD
11 Central Business District", sub-section 1., "Permitted and Conditional Uses", of the City of
12 Boynton Beach Code of Ordinances, is amended to read as follows:
13 * * *
14 k. Veterinary office and clinics, excluding outdoor kennels, or keeping of
15 animals for purposes other than treatment, and excluding on-site disposal of
16 animals. With respect to on-site boarding of animals, see Pet Care (boarding
17 and daycare ), Paragraph zza of this Section.
18 * * *
19 zza. Pet Care (boarding and daycare). As the principal business, this
20 business is subiect to conditional use review and approval. As an accessory
21 use to the following principal uses: veterinary office, pet store, or pet groomer.
22 this use is not subject to conditional use review and approval unless as an
23 accessory use, the accessory use exceeds 25% of the floor area of the principal
..,
...
[
1 I use. or 2.500 square feet. whichever IS less. }~Ll~extern,!l kennell!lgj.o'ii!.UOw~q
! as an accessorv use,
3 Section 4. That Part III. "Land Development Regulations". Chapter 2. ''Zomng"',
4 Section 6, "Commercial District Regulations and Use Provisions", sub-section F.. "Mixed lise
5 Zoning District", sub-section 4., "Uses". Table 6F-1. "Schedule of Pennitted Principal.
6 Accessory, and Conditional Uses", of the City of Boynton Beach Code of Ordinances. is
7 amended to read as follows:
8 In the MU-L zoninll district. Pet Care (boarding and davcare) shall be allowed
9 as a principal use subiect to conditional use review and approval.
10 In the MU-L2 zoninll district. Pet Care (boarding and davcare) shall be allowed
11 as a principal use subiect to conditional use review and approval.
12 Pet Care (boarding and davcare) shall not be permitted as a use in either the
13 MU-L3 or MU-H zoning districts.
14 in addition, the "Restriction Notes" for Table 6F-l shall be amended by adding a nev,
15 note related to Pet Care (boarding and daycare) to read as follows:
16 18. Pet Care (boarding and davcare ). As the principal business. this
17 I business is subiect to conditional use review and approval. As an acceSSOf\
18 use to the following principal uses: veterinarv office. pet store. or pet llroomer.
19 this use is not subiect to conditional use review and approval unless as an
20 accessory use. the accessory use exceeds 25% of the floor area of the principal
21 use. or 2.500 square feet. whichever is less. No external kelmeline is allowed
22 II as an accessory use.
I
/'" Section 5. That Part III, "Land Development Regulations'" Chapter 2. "Zoning",
~..:l
24 ection 6, "Commercial District Regulations and Use Provisions", sub-section H.. "SMl'
.'
I
1 Suburban Mixed Use Zoning District", sub-section 3., "Permitted Uses," Table 6H-l,
2 "Schedule of Permitted Principal, Accessory and Conditional Uses", of the City of Boynton
3 Beach Code of Ordinances, is amended to read as follows:
4 In the SMU zoning district, Pet Care (boarding and daycare) shall be allowed
5 as a principal use subiect to conditional use review and approval.
6 In addition, the "Restriction Notes" for Table 6H-1 shall be amended by adding a new note
7 related to Pet Care (boarding and daycare) to read as follows:
8 10. Pet Care (boarding and daycare ). As the principal business, this
9 business is subiect to conditional use review and approval. As an accessory
10 use to the following principal uses: veterinary office. pet store, or pet groomer,
11 this use is not subiect to conditional use review and approval unless as an
12 accessory use, the accessory use exceeds 25% of the floor area of the principal
13 use, or 2,500 square feet, whichever is less. No external kenneling is allowed
14 as an accessory use.
15 Section 6. That Part III, "Land Development Regulations", Chapter 2, "Zoning",
16 Section 8, "M-1 Industrial District Regulations and Use Provisions", sub-section A., "M-1
17 Industrial District", sub-section 2., "Permitted Uses Subject to Distance Requirement", sub-
18 section b., "Other uses as follows", of the City of Boynton Beach Code of Ordinances, is
19 amended to read as follows;
20 (9). Pet Care (boarding and daycare ). Pet Care (boarding and daycare)
21 operations in excess of 600 feet from residentially zoned property, measured
22 property line to property line. Pet Care (boarding and davcare) operations that
23 are located within 600 feet of residentially zoned propertv shall be subiect to
24 conditional use review and approval. External kenneling shall be allowed for
4
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1 I those operations in excess of_600 feet from residentially zoned~ert~ Sue),
2 uses shall also complv with the requirements of Section 4-4 of Part II. Chapter
, 4 of the Code of Ordinances. except that the maximum enclosure size and area
-)
4 standards within 4-4(b )2.a shall not applv.
5 Section 7. That Part III, "Land Development Regulations". Chapter 2. "Loning".
6 Section 8, "M-1 Industrial District Regulations and Use Provisions". sub-section B"
7 "Corridor Uses and Regulations", sub-section 1., "Allowed Commercial and Retail TJses". of
8 the City of Boynton Beach Code of Ordinances, is amended to read as follows:
9 The Table of Allowed Commercial and Retail Uses shall be amended as follows:
10 Pet care (grooming) ***
11 Pet care (boarding and daycare) **
12 Pet care (veterinarian services) ***
13 * * Indicates conditional use approval required if the use is located within six
14 hundred ( 600) feet of a residential-zoned district. External kenneling is
15 prohibited within six hundred ( 600) feet of a residential-zoned district.
16 * * * indicates boarding and davcare are allowed as an accessorv use and not
17 subject to conditional use review and approval. unless the accessorv use
18 exceeds 25% of the 1100r area of the principal use or 2.500 square feet.
19 whichever is less. External kennelinu. is prohibited within six hundred ( 600)
20 I feet of a residential-zoned district.
2] Section 3. Each and every other provision of the Land Development Regulations
II I ~ot herein specifically amended, shall remain in full force and effect as originally adopted,
')' Section 4. All laws and ordinances applying to the City of Boynton Beach m
....j
24 onflict with any provisions of this ordinance are hereby repealed.
:;
,
1 Section 5. Should any section or provision of this Ordinance or any portion
2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
3 affect the remainder of this Ordinance.
4 Section 6. Authority is hereby given to codify this Ordinance.
5 Section 7. This Ordinance shall become effective immediately.
6 FIRST READING this .&2 day of ~ 2009,
7 SECOND, FINAL READING AND PASSAGE this _ day of ,2009.
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 Mayor - Jerry Taylor
12
13
14 Vice Mayor - Jose Rodriguez
15
16
17 Commissioner - Ronald Weiland
18
19
20 Commissioner - Woodrow L. Hay
21
22
23 Commissioner - Marlene Ross
24 ATTEST:
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31
32 (Corporate Seal)
33
34
6
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 08-097
TO: Chair and Members
Pl~ing & DeveloPfllvoard
THROUGH: MIchael W. Rump( 0/
Director ofPlannin~d Zoning
FROM: Ed Breese ~
Principal Planner
DATE: November 10, 2008
RE: Pet Care (Boarding and Daycare) CDRV 09-001
Interim amendments to Land Development Regulations
NATURE OF REQUEST
Staff is proposing interim amendments to the Land Development Regulations (LDR) involving
1) the M -1 zoning district to support immediate business development within the city; and 2) the
C-3, C-4, CBD, PCD, SMU, MU-L1, MU-L2 districts to implement other portions of the draft
zoning matrix related to pet care and boarding. The need for this amendment was communicated
by a property owner and potential tenant interested in operating a pet boarding and daycare
business on property zoned M-1, Light Industrial. Currently, the kenneling and boarding of
animals is prohibited in the M-1 district, except for properties located along a major thoroughfare
as provisioned by the recent interim amendment known as the M-1 corridor amendment (CDRV
08-003). Further, the use matrix proposed as part of the LDR re-write, and as previously
reviewed and supported by the City Commission, would allow this type of use on the intended
parcel, as a conditional use.
BACKGROUND
The accommodation of the subject use began recently as part of the prior interim code
amendment that targeted M-1 zoned properties located along an arterial roadway, and can be
traced to the proposed Zoning Use Matrix. One of the initial tasks of rewriting the entire Land
Development Code was a comprehensive review of each zoning district and uses that would be
allowed by right or as conditional uses, based upon operational characteristics of each and an
emphasis on the proximity to residentially- zoned properties. In the draft work product endorsed
by the Board and City Commission, a use matrix was created which outlines each zoning district
in which a given use may be located. The subject of this inquiry is titled (in the proposed use
matrix) Pet Care (Boarding and Daycare), under the major heading of Commercial Services.
and is proposed to be allowed as a conditional use in the following zoning districts: Community
Commercial (C3), General Commercial (C4), Central Business District (CBD), Planned
Commercial District (PCD), Suburban Mixed Use (SMU), Mixed Use - Low 1 (MU-L1), Mixed
Use - Low 2 (MU-L2), and Light Industrial (M-I). The corresponding footnotes (j,c
CDRV 09-001
Page 2
restrictions) indicate that, "Conditional use applications must include provisions for proper care
and mitigation of potential impacts on adjacent properties". Additionally, in the M-1 district, due
to the close proximity of existing industrial-zoned properties to residential uses, and in
implementing the recommendations of the M-1 Zoning District Study that pertain to minimizing
impacts upon residential land uses, the footnote states, "All portions of any building dedicated to
Pet Care (Boarding and Daycare) shall be separated from residentially-zoned property by a
distance of 600 feet".
PROPOSED AMENDMENTS
Existing regulations:
As noted above, Pet Care (Boarding and Daycare) is currently allowed as a conditional use in the
M-l zoning district, on properties that front on a major thoroughfare.
Proposed regulations:
Since the draft zoning matrix proposes Pet Care (Boarding and Daycare) as a conditional use in
various zoning districts, staff recommends the current LDR be amended to allow this use in not
only the M-1 zoning district, but also in C-3, C-4, CBD, PCD, SMU, MU-Ll, and MU-L2, since
interest in such use has been expressed for other districts as well. This interest includes an
established veterinary office in the City and other individuals exploring opportunities in
commercial zoning districts.
As part of this analysis, staff has taken an in-depth look into pet boarding and daycare. As a
result, staff suggests a tier of review levels for the varying types of operations. The first tier
would involve the operation of pet boarding and/or daycare as accessory to a veterinary office,
pet store or pet groomer in the C-3, C-4, CBD, PCD, SMU, MU-L1, MU-L2 and M-1 zoning
districts. This function would be deemed "accessory", and therefore not subject to conditional
use approval as long as it would not exceed 25% of the total floor area of the principal business,
or a maximum of 2,500 square feet, whichever is less, and there would be no external kenneling
of pets. Staff would only require demonstration by the applicant that there would be adequate
buffering and mitigation of any noise associated with the outdoor run/play area. Any business
proposing to exceed the maximum area allowed for accessory use status would be required to
obtain conditional use approval.
The second tier of review would involve standalone operations. A pet boarding and/or daycare
operation as a principal use in the C-3, C-4, CBD, PCD, SMU, MU-L1 and MU-L2 zoning
districts would be allowed only after conditional use review and approval. External kenneling of
the pets would also be prohibited. The applicant would be required, through the conditional use
application and public hearing processes, to demonstrate compatibility with surrounding land
uses.
The third and fma1 tier would involve standalone operations in the M-1 zoning district. Provided
the use was 600 feet or more from residentially zoned property, the business could be approved
by right, instead of as a conditional use, as described above. For those businesses within 600 feet
of residentially-zoned property, conditional use approval would be required, in order to
demonstrate compatibility with surrounding land uses. The M-l zoning district would be the only
CDRV 09-001
Page 3
district to allow external kenneling of the pets, but only for those businesses in excess of 600 feel
from residentially-zoned property. "External kenneling", for this purpose, would mean the
keeping of animals predominantly outdoors, with limited time spent indoors.
If these recommendations regarding Pet Care (Boarding and Daycare) are approved, staff will
also make these same revisions to the proposed LDR zoning use matrix for consistency purposes.
RECOMMENDATION
Staff recommends that the proposed interim amendments to Land Development Regulations be
approved, and that the proposed future zoning use matrix be amended to correspond with the
Commission's action.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-001 Pet Care (Boarding & Daycarel ver 2,doc
XII. - LEGAL - 2nd Reading
Non-Development
CITY OF BOYNTON BEACH ITEM 8.2
AGENDA ITEM REQUEST FORl\'l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o March 17,2009 c!'
o January 20, 2009 January 5, 2009 (Noon) March 2, 2009 (Noon) CJ ::.!
0-"4
\D =1:-:r<:
IZI February 3, 2009 o April 7, 2009 '- -<'ci
January 19,2009 (Noon) March 16,2009 (Noon) >
:z <,,">'"Tl
N r-o;:J
mO
- ::u-<
0 Announcements/Presentations 0 City Manager's Report ""0 :JS,Z
en.......
0 0 :z: 0
NATURE OF Administrative New Business N 0-
"'l1.....
AGENDA ITEM 0 [gJ Legal .. 'I
Consent Agenda (:)
0 0 Unfinished Business -
Code Compliance & Legal Settlements
0 Public Hearing 0
RECOMMENDATION: Please place this request on the February 3, 2009 City Commission Agenda under Legal,
Ordinance -Second Reading. The City Commission on January 20,2009, approved this request under Pubic Hearing and
Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandwn No.
08-110.
EXPLANATION:
PROJECT: Temporary Banners (CDRV 09-002)
AGENT: City-initiated
DESCRIPTION: Discussion of possible interim amendments to the Land Development Regulations,
Chapter 21 Signs, Article III, Sec. 6(F) to increase the time period to 90 days that an
existing business may display a temporary banner.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES: prove the subject code amendment or approve with
Ci Manager's Signature
Assistant to City Manager ~
h/~
/?/~
" Planning and Zoning Director City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-002 Banners for existing businesses\Agenda Item Request Temporary Banner CDRV
09-0022-3-09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
I I
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I XII. - LEGAL - 2nd Reading
I
I Non-Development
I
J ITEM B.2 Additional
ORDINANCE NO. 09- Information
21
I AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 21, ARTICLE III, SECTION 6
I "SPECIAL SIGNS", BY AMENDING SUB-SECTION F TO
~I
INCREASE THE MAXIMUM TIME PERIOD FOR THE
8 DISPLAY OF A TEMPORARY BANNER; PROVIDING
9 FOR CONFLICTS, SEVERABILITY, CODIFICATION
10 AND AN EFFECTIVE DATE.
II
12
13 WHEREAS, the City Commission has requested that staff review those current sign
14 regulations applicable to the temporary display of banners for promotion of existing businesses;
15 and
16 WHEREAS, the City Commission has considered staff s recommendations and reports,
17 and determines and finds that it would be appropriate to amend the current sign code to permit
18 existing businesses to erect a temporary banner for a ninety (90) day period during anyone year
19 period; and
20 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
21 best interest of the health, safety, and welfare of the citizens and residents of the City of
22 Boynton Beach.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing whereas clauses are true and correct and are now ratified
26 and confirmed by the City Commission.
27 Section 2. Chapter 21, Article III, Section 6F of the Land Development Regulations
28 of the City of Boynton Beach Code of Ordinances is hereby amended as follows:
29 F. One temporary banner may be posted by a business that has
30 been issue a business tax receipt on private commercial or
31 industrially zoned property within the city for a period of time not
- I -
S:\CA\Ordinances\LOR Changes\Amending LOR 21 (6F SIGNS)(2nd read),docS:\Cf.'Ordinllflves\LOR Changes\hReBdiR; LOR Cllaflter 21
Car SIGNS) doc
I to exceed two \veeks \vithin a one year period, except that a ne,;"
2 business may post one (1) temporary banner announcing the
3 opening of the business for a time period not to exceed ninety (90)
4 days within a one year period. from the date of issuance of the
I
51 busines:Jes first occupational license. This provision for ne'N
61 businesses has no application to the annual rene\val of an existing
7 business' business tax receipt. Temporary banners may not exceed
8 an area of twenty (20) square feet ea€h;-each. Temporary banners
9 may not be placed in setbacks, landscape buffers along rights-of-
10 ways or within rights of ways., and may not create any obstruction
II to motorist visibility. An A~pplicant shall agree to remove
12 temporary banners within twelve hours upon posting of a tropical
13 storm or hurricane watch. This subsection shall not prohibit the
14 city from placing banner signs on city owned property or within the
15 public right-of-way within certain designated corridors throughout
16 the city in order to announce municipal or not-for profit activities,
17 events or programs pursuant to this chapter.
18
19 Section 3. Each and every other provision of the Land Development Regulations
20 not herein specifically amended, shall remain in full force and effect as originally adopted.
21 Section 4. All laws and ordinances applying to the City of Boynton Beach in
22 conflict with any provisions of this ordinance are hereby repealed.
23 Section 5. Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
25 remainder of this Ordinance.
26 Section 6. Authority is hereby given to codify this Ordinance.
27 Section 7. This Ordinance shall become effective immediately and shall sunset
28 February 1, 2010.
29 FIRST READING this _ day of ,2009.
- 2 -
S:\CA\Ordinances\LOR Changes\Amending LOR 21 (6F SIGNS)(2nd read),docS.,\CA\Gr<linan"es\LOR CIt~A/Jleooing--L-f}R--GItaflter-2+
(6f SIGNS),doc
11
I SECOND, FINAL READING AND PASSAGE this _ day of ,2009.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor - Jerry Taylor
7
8
9 Vice Mayor - Jose Rodriguez
10
II
12 Commissioner - Ronald Weiland
13
14
15 Commissioner - Woodrow L. Hay
16
17
18 Commissioner - Marlene Ross
19 ATTEST:
20
21
22 Janet M. Prainito, CMC
23 City Clerk
24
25
26 (Corporate Seal)
27
28
29 H:\1990\900 \ 82,BB\ORO\Amending LOR - Chapter 2\ (6F SIGNS),doc
- 3 -
S:\CA\Ordinances\LOR Changes\Amending LOR 21 (6F SIGNS)(2nd read),doc~C^,Ordinlln"es~haflges\j\mentlin;:; LDR Chapter 2\
(6F SIGNS),aoc
DE\'ELOPMEVf DEPARTME'\:T
PLANNI;\IG AND ZONING DIVISION
MEMOR-'\NDl'M '\0. PZ OH-I1O
TO: ('half and Members
Planning & Deve]opme~l~oarc1
~ ! F '
FROM: I ,',....Y,'
Michael''';',? Rumpfl );,./1
Dlrector of P1annink and Zoning
DATE: December 9. 2008
SUBJECT: CODE REVIEW i CDR V 09-00::'-
Temporary Banners - Increasing tIme penod for display by existmg businesses
Chapter 21, Signs. Article III, Sectwn 6 (F)
NATURE OF REQUEST
The City Commission has requested that staff review those current sign regulations applicable tn the
temporary display of banners for promotion of existing businesses, and propose alternalJvc requirements
that address needs of local merchants, The proposed amendments would increase the maximum tmlc
period for the display of a temporary banner by existing businesses, from 14 days to 90 days, Staff
expediting this interim amendment in the interest of business stability,
BACKGROUND
The City's cunent Land Development Regulations. Chapter 21. Signs, Article III. Section b(F). allows Tor
the display of a temporary banner by local businesses. The regulations are two-fold, allowing for such
display by a new business for a cumulative time period of 90 days, and allowing for the display by eXlstmg
businesses for a cumulative time period of 14 days, Existing regulations restrict banner size to 20 square
feet, and it precludes them from being placed in setbacks or from creating any "obstruction to motamt
visibility", Such banners are subject to an application and administrative review process l11c1uding the
issuance of an applicable permit and logging/monitoring to ensure compliance with the allowed tIme
period. Logically, the purposes of the regulations are to allow for the greater visibility by the publ1c uf a
new business, and to allow existing businesses the additional adve11isement during specla] lone or tWCi I
sales or operational events.
Section 6(F) as cited above is included in its entIrety as follows:
F One temporary banner may be posted on privatc commercial or induslrial!.1' zoned profertl'
within the city for a period of tllne not 10 exceed t\.1'0 weeks within a ont' vear period, exeepl thai a
new business may post one (1) temporary banner announcll1g the opening of the business/or a Time
period nol [() exceed ninelv (90) days fi'om the date or Issuance of the businesses firsl occuparional
license, ThIS provision (or new businesses has I/O applicatiol/ TO Ihe annual renewal (!f an exiSTing
husiness' husiness tax receipt, Temporan' banners may nOl cxceed an area of rvvenry r:;()) square
feet each, may not be placed in setbacks, and nWl' /101 crewe anl' obstruerion LO motorist VIsibility.
Applzcanl shall agree to remove banners withll1 twelve hours upon posring or a tropical SIO/7n or
hurncane watch. This subsecrion sha1! nOI pruhibil the citl' }7"0I11 placing banner signs (In eft\'
owned pruperrl' or within rhe public riglll-of-wa.1' 'wahin cCrJain designated corridors thruughoUf
the cin' 111 order 10 announce municipal or I/o/-for profil aClivities. events or programs pursuanl 10
tIllS chapteT
It should be noted that these cunent regulations were amended in January of 2007, to increase exposure OJ
nev\! busmesses, Pnor to this 2007 amendment. the maximum display period for a temporary banner wac
14 days. wlthout dlfferemiatmg between new or eXlstmg businesses, TIlt" amendments were made h,
Page 2
CDR V 09-002
Ordinance 06-098, and based on the corresponding "Whereas" clauses in the ordinance, it was intended to
acknowledge the needs of new businesses and the City's support for new business and developments, and
it documented the conclusion that the proposed changes preserved the balance between the general public
and business community.
ANAL YSIS
Existing regulations
Existing regulations provide for the temporary display of a banner for a total time period of 90 days
following the issuance of a businesses tax certificate to a new commercial or industrial business, and for a
total cumulative period of 2 weeks (within a I year period) by an existing business. It should be noted that
the regulations are currently interpreted to limit a new business to the 90-day display period for its first
year of operation. A new business would not be eligible for the 2-week "special event" display until its 2nd
year of operation. It should also be noted that these provisions apply to individual businesses, so it is
possible to see multiple banners displayed simultaneously at a small plaza or shopping center. Current
regulations do not specify the allowed locations for the display of a temporary banner, except to restrict
them from building setbacks and from interfering with the visibility of motorists. The City's sign
regulations do not allow for any other temporary signage, and the regulations specifically prohibit
sandwich or "A"-frame signs and snipe signs.
As for "permanent" signage, the City's sign regulations have undergone various revisions in the recent
past, and as seen along major corridors in the city, the regulations are more liberal than conservative. The
sign regulations applicable to site and wall signage for commercial uses are summarized as follows:
Site Signage:
. Single-tenant - Area - 1 sq. ft. per linear foot of frontage (64 sq. ft. maximum)
. Single-tenant - Height - 6 ft. / 2-lane road; 8 ft. / 4-lane road; 12 ft. / 6-lanes or more
. Multi-tenant - Area - 1 sq. ft. per linear foot of frontage (160 sq. ft. maximum)
. Multi-tenant - Height - same as above for a single-tenant project
Wall Signage:
. Single-tenant - Area - I Y2 sq. ft. per 1 foot of building frontage (no maximum letter size)
. Multi-tenant - Area - same as above but applied to each tenant space
Current regulations also allow for placement of business signage on the windows and doors of the
establishment. Window/door signage is allowed up to a maximum of 20% of the total glass area and does
not count toward the maximum wall signage allowed per business. These standards are comparable to the
sign regulations adopted in most other city's, and as indicated above, are not felt by staff to be
"conservative",
Proposed amendments
Sign regulations and the resultant businesses signage can have a significant impact on the visual quality of
the streetscape, and the City's sign regulations continue to be reviewed for appropriate improvements
coinciding with the previous establishment of mixed use districts and applicable design regulations.
However, in support of business promotion during this recessionary period, staff proposes the simple
amendment of the regulations to allow the 90-day period for the display of a temporary banner to apply to
both new and existing banners.
As for where banners may be displayed, the proposed amendment would restrict them from rights-of way
and landscape buffers (in addition to the existing locational restrictions).
Page :3
('DR\' II(L(Hi~
Comparison analysis
F or comparison. the banner regulatIOns of a fC\A other] (leal .lunsciictJons were l'onsldercd ir; thIs ana]y,J,
The table below summarizes the findings,
--~~--~_.- Si.ze (SO ft,) i Duration - Ne;;:'---~- Duratlo;;-::--Existm~----
Other
------r- ~ - -
Boca Raton ~') : 60 davs
_.~- .---- ----~-~-- -----.
Greenacres 20 30 days 30 days Twice/vr maximum
--
Juno 20 00 days 30 days Ion days) Twice/YT maximum. nOT
hetween landscapmg. IlO' i1l ~.,
i other si!ffiage,
Wellington I 3x4 7 days """1 davs I Code changes pending
I
West Palm Beach !i 30 days ! Also applies to change It:
i ownership,
I -~.> ---
Boynton Beach ! 20 90 days ] 4 days
-~ --~_._~"- "-------------
The sample of regulations reviewed as part of this report indicate that our cunent regulations are more
lenient than others with respect to application to new businesses, and generally more stringent 111 Its
application to existing businesses. No issues were identified by this research; however, this information
was co11ected from the respective planning offices and not the departments responsible for Inca] code
enforcement.
CONCLUSIONSIRECOMMENDA Tl ON
As indicated above, business signage, both temporary and permanent can have a significant affect on thl
physical appearance of the City, and staff is concerned that the subject amendment may worsen an eXlstmg
situation. Perhaps in part as a result of the effects of the economy, there cunently appears to be a hIgh
magmtude of non-compliant window, snipe, and other miscellaneous signage within the City. Thl,
situation is described by the accompanying photographs of local temporary signage (see ExhibIt ..
Staff acknowledges that although some signage is necessary and imperative 10 l-msiness success, thert' ,-
also signage that appears to contribute to the cluttered appearance of the streetscape wIth little benetiC1<L
advertising. This position is based on the low visibility of a large portlon of window or temporary signagt
and the traffic speed of the adjacent roadway. However, as mdlcated initlally m thIS report. stan
aclmowledges the cunent economic condition and needs of local businesses, Therefore. staff recommend~
the proposed amendment, along with the plan to revIew the impacts of thIS amendment over a penod (11
year, and repOli to the Commission any negative findings. Staff would then recommend the continued
existence of such banner regulations, or the "sunsetting" of these regulations assuming that the l1enefits 11'
business owners no longer outweighs the negative impacts represented by the additional sign age allc)\\'C'c;
by this amendment,
Attachments
MR
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EXHIBIT "A"
TEMPORARY SIGNAGE
(Examples)
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XII. - LEGAL - 2nd Reading
Non-Development
CITY OF BOYNTON BEACH ITEM 8.3
AGENDA ITEM REQUEST FORlV.l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16, 2008 December I, 2008 (Noon) o February 17,2009 February 2,2009 (Noon) C-~
o March 3, 2009 <::;) C#4
[-:; January 6, 2009 December IS, 2008 (Noon) February 17, 2009 (N~ ~-<
C -< .c::;
[j January 20,~9 ~. o March 17,2009 fT1 O'"T1
January 5,2009 (Noon) March 2, 2009 (Noon) ("") r-li'O
J sf ~ ,'- ' y - m:o
o Apri17,2009 0"' ?1:J-<
l8J February 3, 2009 . January 19,2009 (Noon) March 16,2009 (Noon) :Xx
).N d l& Ii- A-ft- ? -0 "'~
:::s: 0
0 AnnouncementslPresentati ons 0 City Manager's Report 0%
- II
.. .'.,~
NATURE OF 0 Administrative 0 New Business c,.)
AGENDA ITEM 0 [gJ CA
Consent Agenda Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Amend Code of Ordinances Section 2-119, Subsection B "Education and Youth
Advisory Board" to modify the attendance policy.
EXPLANATION: The absentee policy of the Education and Youth Advisory Board, which states that "Any
member failing to attend two (2) of three (3) successive meetings without cause and/or without prior approval of
the chairperson of the board shall automatically forfeit his or her appointment" (Exhibit A) is different than the
general board absentee policy which was established for all advisory boards with Ordinance No. 01-60. This
ordinance states that "When a member of any Board, with the exception of those boards that have regularly
scheduled meetings more than once a month, has missed three (3) regular monthly meetings for any reason within
one annual board term, that member will be notified that one additional absence will cause hislher board
membership to be terminated and a replacement will be appointed at the time of the next absence."
As the Education and Youth Advisory Board meets monthly, it is appropriate and the desire of the Board to adopt
the standard attendance policy. This will eliminate confusion and allow the members the same number of absences
as for all other advisory boards.
PROGRAM IMP ACT: The Education and Youth Advisory Board will have the same absentee policy as other
advisory boards.
FISCAL IMPACT: N/A
ALTERNATIVES: Do not amend the Code. The Education and Youth dvisory Board will continue to have a
differen~ i9
~ \
Department Head's Signature City Manager's Signature
Assistant to City Manager Ch1__
Recreation & Parks
Department Name City Attorney / Finance
S:\BULLETrN\FORMS\AGENDA ITEM REQUEST FORM,DOC
I
I j
II
] Ii ORDrNANCE ~O. 09- ('1Lj
.., II
-
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
I' FLORIDA, AMENDING SECTION 2-119 (B) OF CHAPTER 2,
4 ! I
5 ARTICLE VIII, "EDUCATION AND YOlJTH ADVISORY
6 BOARD" TO MODIFY THE ATTENDANCE POLICY;
7 PROVIDING FOR CONFLICTS, SEVERABILITY,
8 CODIFICA TION AND AN EFFECTIVE DATE.
9
10 WHEREAS, the current absentee policy of the Education and )' outh Advisory Board
] 1 differs from the general board absentee policy which \vas established for all advisor) boards
]2 which meet monthly; and
13 WHEREAS, the Education and Youth Advisory Board desires to adopt the standard
]4 attendance policy which will eliminate confusion and allow the members the same number of
]5 absences as all other advisory boards that meet monthly.
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
] 7 OF THE CITY OF BOYNTON BEACH, FLORIDA:
18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Ordinance upon adoption
20 hereof.
21 Section 2. That Section 2-119 of Chapter 2. Article VII. "Education and
22 Youth Advisory Board" is hereby amended by adding the words and figures in underlined
...,.., I type. and by deleting the words and figures in struck-through type as follows:
_.J
24 Sec. 2-119. Organization.
25 ...
26 (b) .\n) member failing to uttend tv, 0 (2) of three (3) ~;ucce:;~;ive meeting~; v,ithoUl CLlu~;e
27 and/or \\'ithout prior appn.wal of the chuirperson of the board shall automatically forfeit I*~
28 her appointment. When a member has missed three ( 3) regular monthly meetings for any
'29 " 'reason 'vvithin one ammal board tem1. that member will be nutified that one additional absence
30 will cause his/her board membership to be terminated and a replacement will be appointed at
31 the tome of the next absence.
~l
.J_
33 . ..
S:\CAIOrdinances\Education and Youth Advisory Bllard Ahsent"e Pol]c, dllc
1 Each and every other provision of the Code of Ordinances not herein
2 Section 5.
3 specifically amended, shall remain in full force and effect as originally adopted.
4 Section 6. All laws and ordinances applying to the City of Boynton Beach in
5 conflict with any provisions of this ordinance are hereby repealed.
6 Section 7. Should any section or provision of this Ordinance or any portion
7 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
8 affect the remainder of this Ordinance.
9 Section 8. Authority is hereby given to codify this Ordinance.
10 Section 9. This Ordinance shall become effective immediately.
11 FIRST READING this _ day of ,2009.
12
13 SECOND, FINAL READING AND PASSAGE this
14 ,2009. - day of
15
16 CITY OF BOYNTON BEACH, FLORIDA
17
18
19 Mayor - Jerry Taylor
-
20
21
22
Vice Mayor - Jose Rodriguez -
23
24
25
26 Commissioner - Ronald Weiland
27
28
29 Commissioner - Woodrow L. Hay
30
31
Commissioner - Marlene Ross -
32 ATTEST:
33
34
35 Janet M. Prainito, CMC
36 City Clerk
37
38
39
40 (Corporate Seal)
S:\CA\Ordinances\Education and Youth Ad ,. B '
\ ISOry oard Absentee Pohcy,doc
ARTICLE VII. EDUCATION AND YOUTH
ADVISORY BOARD*
*Ed' ,
. Itors note-Ord. No. 91-18. )\'~' 2-8 ado ted Ma ) 7 ' .
to a children and vouth advimrv b~)~rd S'./ ~d' )d: 1Y91. enacted proVIsIOns pertainil1~
, . . .' ue 101 mance Id not ''Pee /i. r d" . L
hence, lllclusiol1 as Art. VII. ~'~' 2-} 16- "_]"" /, . , I ). ~nanner 0 ('(I {(lcatlOn:
L , - --. zas hcen at the edlfor~,' dzscretion.
Sec. 2-116. Created.
T~e City Co~mission, in accordance with the powers vested in it, hereby merges the Children
and) outh Adv~sory Boards and the Education Advisory Board and establishes the Education
and Youth AdVIsory Board. (Ord. No. 91-18, 92, 5-7-91; Ord. No, 07-001, ~ 2. 1-] 6-07)
Sec. 2-117. Duties.
The Ed.uca~ion and Youth Advisory Board shall act as a fact-finding and advisory board on
the foIl.o~mg Issues and on such other issues as are. from time to time, designated by the City
CommISSIon by resolution:
(1) Development of programs that promote ongoing relationships with caring adults.
(2) Formulation oflong and short range pro!,Jfamming to benefit the children and youth of
the community by involving parents, the business community, civic and neighborhood
organizations, including volunteer recruiting for before and after local school programs.
(3 ) Development of incentives and enhancements encourage the development of safe
places, including improved playgrounds at or near local schools and structured activities during
lon-school hours.
(4) Identification and dissemination of infonnation on local. county. state and federal
prof:,Jfams that provide beneficial services to children and their families.
(5) Developing strategies for communicating with the School Board of Palm Beach County
and its staff, advising the City Commission as to the activities of the Board. and other federaL
state and local legislative bodies which affect the needs of students. within the city.
(6) Development of child and youth advocacy programs.
(7) Contacting community groups and businesses within the geographical boundaries of
30ynton Beach for professional skills, materials, financial or education support for the schools
nd with the purpose of implementing programs at local schools that benefit students from Pre-
through grades 12 and vocational schools.
(8) Developing recommendations to the City COlmnission for forwarding to the School
ard of Palm Beach County regarding action~ which may be taken in support of schoo is in
ynton Beach with respect to proposed legislation at the state level.
(9) Coordinating with the local police department to improve safety for students before,
during and after school and developing public relations that highlight successful programs.
(Ord. No. 91-18, S 3, 5-7-91; Ord. No. 99-33, S 1,11-16-99; Ord. No. 06-050, S 3, 6-20-06)
Sec. 2-118. Recommendations of board.
The board shall periodically advise the city commission of its findings with respect to the
foregoing issues and shall make recommendations to the city commission on any matter referred
to it within thirty (30) days or within such time as prescribed by the city commission by specific
reso lution.
(Ord. No. 91-18, S 4, 5-7-91)
Sec. 2-119. Organization.
(a) The children and youth advisory board shall comprise seven (7) pennanent members,
two (2) alternate members and three (3) student members, two (2) to be regular voting members
and one (1) alternate, all to be appointed by the city commission. Of the members so appointed,
three (3) shall be for a term of three (3) years, two (2) shall be for a term of two (2) years, and
two (2) shall be for a term of one (1) year. Their successors shall be appointed for a term oftwo
(2) years. Alternate members, as well as the three (3) student members, shall be appointed for a
period of one (1) year.
(b) ,^.ny member failing to attend t'.1.'O (2) of three (3) successive meetings without cause
and/or without prior approval of the chairperson of the board shall automatically forfeit his or her
appointment. When a member has missed three (3) regular monthly meetings for any reason
within one annual board tem1, that memher will be notified that one additional absence will
cause his/her hoard memhership to be terminated and a replacement will he appointed at the time
of the next absence.
(c) Any member of the board may be removed for cause in accordance with state law. The
city commission shall promptly fill any vacancy.
(d) At the organizational meeting of the board a chairperson and vice-chairperson shall be
selected by majority vote of the board. The chairperson and vice-chairperson shall be selected
annually at the May meeting of the board.
(Ord. No. 91-18, S 5, 5-7-91; Ord. No. 93-30, S 1,9-7-93)
Sec. 2-120. Meetings.
The board shall meet regularly once a month or more frequently if necessary, for the
transaction of business. Its meetings shall be open to the public. The board may establish its own
meeting rules and procedures for the conduct of its business. Four (4) members shall constitute a
quorum.
(Ord. No. 91-18, S 6, 5-7-91)
Sec. 2-121. Qualification.
Members of the advisory board on chi Idren and yo ut h i:i,Ll.1~_aUi)D _~llcl~'~)_uthJ3(L\,J~_(l[yb"I<j1:{J
shall be residents of the city, with the exception of one alternate non-voting member of the
student membership, who may reside outside the city limits.
(Ord. No. 91-] 8, ~ 7, 5-7-91; Ord. 96-42, ~, L ] 0-2-(6)
Sec. 2-122. Powers.
Nothing in this article shall be construed as restricting or curtailing any ofthe powers of the
city commission, or as a delegation to the board of any of the authority or discretionary powers
vested and imposed by law in the city commission. The city commission declares that public
interest, convenience and welfare required the appointment of the board to act in a purely
advisory capacity to the city commission for the purposes set forth in this article. Any powers
delegated here to the board to adopt rules and regulations shall not be construed as a delegation
of1egislative authority, but purely of administrative authority.
(Ord. No. 91-18, ~ 8, 5-7-91)
Sec. 2-123. Consolidation of Children and Youth Advisory Board and Education
Advisory Board; survival of actions.
All powers, duties, and responsibilities of the Education Advisory Board shall survive and be
deemed merged and consolidated with the powers, duties and responsibilities of the Children
and Youth Advisory Board. All previous actions of the Education Advisory Board shall survive
this consolidation unless specifically revoked by the Children and Youth Advisory Board. The
consolidated board shall be known as the Education and Youth Advisory Board. All current
members of the Children and Youth Advisory Board are appointed to the Education and Youth
Advisory Board as voting members for the balance of their ternlS of appointment.
(Ord. No. 06-050, S 2, 6-20-(6)
Sees. 2-124-2-125. Reserved.
XII. - lEGAl- 2nd Reading
Non-Development
ITEM 8.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2. 2009 (Noon)
[gl February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report ~'Z'
C> 0:::;\
NATURE OF 0 Administrative 0 New Business \.0 --<
.......'
AGENDA ITEM 0 [gl <- -<:,C::,
Consent Agenda Legal ~ ("") oor,
\-'00
0 Code Compliance & Legal Settlements 0 Unfmished Business N ""0
- :1J -<.
0 Public Hearing 0 ~.:z:
-0 u,-"
:s c::.>
o'%.
RECOMMENDA nON: Motion to approve Ordinance 09-015 on second reading amending Chapter 4 of our BOY1JJl;ln ""f1
..,,~
Beach Code of Ordinances titled Animals and Fowl by amending Section 4-1 (Definitions) and Section 4-4 (Manne1:f -'.
~.
Keeping and treating animals generally; abandonment). - .~
EXPLANATION: This amendment to Chapter 4 is intended to enhance our current regulations with respect to the humane
treatment of dogs, or any other animals, which are being kept outdoors and restricted in space and movement by confmement
to pens, cages and/or kennels. The amendment will close the "loophole" in the current ordinance which does not include
provisions to regulate the size of and construction material used for animal enclosures. The attached photos (Exhibit "B")
provide examples of confmement structures that staff deems unsightly, inadequate and inhumane.
PROGRAM IMPACT: Approval of this amendment will ultimately result in a decrease in the number of "Unlawful
Confinement" cases processed by our Animal Control Division by more closely regulating the structures in which animals are
maintained. A decrease in the number of "escaped" pets is also anticipated due to the added structural requirements for
animal enclosures. Additionally, this amendment will discourage the ownership of multiple animal-aggressive dogs by
limiting the number of outdoor dog enclosures allowed on a single property. This amendment will assist the Animal Control
Division in reaching its goal to eradicate the possession of fighting dogs in our community.
FISCAL IMPACT: We don't foresee any additional costs to the City, however there may be minor costs incurred by pet
owners in tenus of providing the proper equipment/facilities in which to house their animals. It's the opinion of staff these
costs are not only minimal, but necessary for the well being of their animals as evidenced by the proliferation of these
regulations throughout the industry.
AL TE'fA~ES' Modify th, p'opo"d ""ondmon' m maintain th, ,talm qu~
-d:~~~ { ~ ~ v -
l .. I "C. ~
Department Head's Signature City Ma:miger's Signature
~:ty Monag" ~
Department Name ity Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
I
I ORDINANCE 09- Ci5
1 I
2 I
3
I
4 i AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
I
5 I AMENDING CHAPTER 4, CODE OF ORDINANCES ENTITLED
6 "ANIMALS AND FOWL," BY AMENDING SECTION 4-1, ENTITLED
7 j "DEFINITIONS"; BY AMENDING SECTION 4-4 ENTITLED.
I
8 I "MANNER OF KEEPING AND TREATING ANIMALS GENERALL Y:
I
9 I ABANDONMENT," BY DEFINING THE ACT OF TETHERING A.l\ID
10 I EST ABLISHING REGULA TIONS RELATING TO TETHERING;
11 I PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY
12 AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, Chapter 4 of the Code of Ordinances sets forth regulations for the keeping of
16 animals within city limits for the protection of residents and animals: and
17 WHEREAS, tethering is the act of constraining an animal's movement by attaching one
18 end of a leash (or other similar device) to the animal and attaching the other end of the leash to
19 some object which is attached to the ground: and
20 WHEREAS, there are dangers to animals that are confined by tethering or by other means
21 in private or public yards; and
22 WHEREAS, animals that are improperly or extensively confined or tethered are more
23 likely to cause injury or harm to people and other animals than are ones that are not improperly or
24 lextensively confined; and
25 WHEREAS, the City's Code of Ordinances does not define dog enclosures or sanitary
26 conditions for securing dogs outdoors: and
27 I WHEREAS. dogs that are kept outdoors in unsafe enclosures and/or in unsanitary
28 conditions may be injured; and
29 III WHEREAS, specifying the appropriate manner of keeping dogs outdoors. \vhether
I
30 ethered or in an enclosure, aids in the City's goal of sanitary and safe treatment of animals: anJ
ICAIOrdinances\2008 Manner of Keeping (animal control rev) doc
I
1 WHEREAS, the City Commission finds and determines that limiting and regulating the
2 confinement of animals is in the best interest of the residents of the City of Boynton Beach and
3 serves a public purpose.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA THAT:
6 SECTION 1. The foregoing recitals are true and correct, and are hereby incorporated
7 herein by reference.
8 SECTION 2. That Chapter 4, Code of Ordinances, entitled "Animals and Fowl" is
9 hereby amended by amending section 4-1, entitled "Definitions," to read and provide as follows:
10 Sec. 4-1. Definitions.
11 The following words, terms and phrases, when used in this chapter, shall have the
12 meanings ascribed to them in this section, except where the context clearly indicates a different
13 meanmg:
14 ...
15
16 Animal enclosure means any structure used to restrict an animal or animals to a limited
17 amount of space, such as a room, pen, run, cage, compartment, or hutch.
18
19 Sanitary conditions means a space free from hazards which may endanger an animal's
20 health, such as animal waste or overcrowding.
21 (r) Tether means the act of constraining an animal's movement by attaching 0
22 end of a leash (or other similar device) to the animal and attaching the other end of the leasb
23 some obiect which is attached to the ground.
24 (f~) Torture, torment, cruelty shall include every act, omission or neglect wher
25 unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue ~
26 there is reasonable remedy or relief. Cruelty shall also include the failure to provide an an
27 with proper food, drink, shelter, or protection from weather.
28 (s1) Under restraint means that an animal is secured by a leash, lead unde
29 control of a person physically capable of restraining the animal and obedient to that pe
30 commands, or securely enclosed within the real property limits of the owner's premises.
31 Water means water that is potable.
2
: I
I,
1 (tg) Wild animal means any live monkey. non-human primate. raecuan. skunk. !()'\.
2 leopard, panther, tiger, lion. lynx. or any other warm blooded animal that can normaJh be
3 found in the wild state. This term shall not include domestic dogs (but does include 11\ hrids
4 with wolves, coyotes or jackals), domestic cats (excluding hvbrids with ocelots or mar'Oil\ S \
...... ..' . . _ L ,'~
5 fmm animals, rodents, any hybrid animal that is part wild. and captive-bred species of COJ;1n1nJi ,
;
6 cage birds.
7 SECTION 3. That Chapter 4. Code of Ordinances. entitled "Animals and Fowl" :~
8 hereby amended by amending section 4-4. entitled "'Manner of keeping and treating animals
9 generally; abandonment," to read and provide as follows:
10 Sec. 4-4. Manner of keeping and treating animals generally; abandonment.
11 ...
12 (a) It shall be unlmvful for any person to keep animals under unsanitary or
13 inlmmal1e conditions; to refuse or fail to provide '..','ater and nutritious food daily; shelter
14 from hot, stormy, cold or inclement weather; clean quarters; humane care and treatment
15 and medical attention for sick, diseased or injured animals; as ",,'ell as to fail to inoculate
16 against disease, according to the species of animal kept.
17 It shall be unlavviul for anv person to keep arumals without providing:
18
19 (1) Clean and sanitaIY' conditions:
20 (2) Food on a daily basis:
21 (3) Air ventilation and circulation;
22 (4) Water that is available at all times and free of foreign matter, ahme. excreta. or
23 other biological hazards; and
24 (5) Medical attention and/or necessary' veterinary care when an animal is sick,
25 diseased, or injured. Written proof of veterinary care must be provided upon
26 request bv the Citv.
27
28 (b) It shall be unIaVvful for anv person keeping an animal to fail to provide shelter
29 for that animal.
30
31 (1) In general. shelter for dogs. cats and small domestic animals must:
~2
1. I a. Provide adequate protection trom cold and heat. When the outdoor
temperature falls below 40 degrees Fahrenheit (4.5 degrees Celsius). all
cats. small domestic animals. and dogs that crumot tolerate such
temperatures without stress or discomfort shall be moved indoors or
provided adequate heating to maintain temperature above 40 degrees
Fahrenheit. When the outdoor temperature nses above 90 degrees
Fahrenheit. (32.5 de2.rees Celsius). ventilation such as exhaust fans or air
conditioning must be provided:
I
i
,
!
3 !
r r
! '
1 i
I
2 b. Provide protection from the direct rays of the sun; the direct effect of
3 wind and rain: and all other elements at all times.
4
5 (2) Animal enclosures which house dogs must meet the following minimum
6 requirements:
7 a. A single animal enclosure must be 100 square feet or less. An individual
8 property or parcel of land which contains multiple enclosures may have a
9 maximum aggregate of 150 square feet of dog enclosures.
10 b. Animal enclosures shall be constructed with chain link fencing. The
11 flooring of an animal enclosure may be the ground/grass or a solid, non-
12 porous surface such as a concrete slab or pavers which have no less than '/4
13 inch between them. All flooring for an animal enclosure shall be at ~ound
14 level. A tarp or fabric screening may be used on the sides or top of the
15 animal enclosure. No other type of material, such as plywood, may be
16 used for or attached to an animal enclosure.
17 c. An animal enclosure must have a 6-foot setback from the property line
18 and be located in the rear yard. Prior to constructing an enclosure, citizens
19 must complete a Planning and Zoning Permit Application and receive a
20 Development Permit from the City. The City will establish a flat-rate fee
21 for animal enclosure development permits, which may increase from time
22 to time.
23 d. Animal enclosures must be constructed and maintained so that they:
24 (i) Have no sharp points or edges that could iniure the dog
25 (ii) Contain the dog such that it cannot escape from the enclosure
26 (iii) Keep other animals from entering the enclosure
27 (iv) Provide the dog with unobstructed access to food and water
28 1. Food and water shall be placed in the enclosure such that
29 they may not be commingled with waste or excreta. Owners must
30 inspect food and water daily and if waste, excreta, or other
31 excessive foreign matter, is present, Owners shall immediately
32 replace the contaminated food or water.
33 (v) Provide sufficient space to allow the dog to turn about, stand,
34 and sit freelv; to lie down in any position it would be able to if it
35 I were not in an enclosure: and to walk without crouching or
36 stumbling.
4
,
i
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i
I
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1 i ], l)0l2S shall be provided \"ith a mimmum of ')l~:,LJua~c
2 I feet of space to sit or lie down such that they are not sittinl2 m\\'Li-'it..c
3 i or other excreta
4 I (vi) The interior height of an animal enclosure must be at least 12
5 inches higher than the head of the tallest dog in the enclosure__~:hen
i
6 , it is in a normal standing position.
7 e. Animal enclosures and food and water receptacles for dogs must be
8 sanitized at least once every two weeks and more often if necessary to
9 prevent an accumulation of dirt. debris, food waste. excreta. and other
10 disease hazards using steam under pressure or washing with soap and hot
11 water so as to remove all organic material and mineral buildup. followed
12 by a clean water rinse.
13 f. Outdoor housing areas using material that cannot be sanitized using the
14 methods provided in paragraph (e) of this section. such as grass. shall be
15 sanitized by removing all contaminated material in order to prevent
16 I odors. diseases. pests. insects. and vermin infestation.
17 (ca) Tethering. An\' person who owns or an\' person who is in charge of ~
18 animal kept as a pet who confines that animal outdoors on private propertv must provide
19 the animal with:
20
21 ( I) Food and potable \vater: and
22 (2) Provide protection from the direct ravs of the sun: the direct effect of wind
23 and rain: and all other elements at all times: and
24 . (3) Periodic supervision. which shall mean that each animal shall be attended
,
25 to at least once during ever\' twelve consecutive hours: and
26 ! (4 ) Adequate space for exercise. which shall mean no less than 150 square feet
!
27 per animal: and
r
28 I ( 5) A fenced \'ard or animal enclosure that is sufficient to prevent the animal
29 from escaping: or
30 I ( 6) A tether under the following circumstances:
31 a. Anv person who owns or anv person who is in charge or in control
32 of any animal that is under the age of six months shall not tie. chain or otherwise
33 tether the animal outdoors.
34 ,I b. Anv person who o\vns or any person who is in charge or in control
'H:; of any fujimal that is over the age of six months shall not tic. chain. or othenvise
-...;~
36 tether the animal kept as a pet outdoors between the hours of 10:00 a.m. and 5:00
37 p.m. except that an animal kept as a pet of any age may be temporarily tethered.
38 tied or chained outdoors for a total time period not exceeding fifteen minutes. At
5
1 other times. it is permitted to tie, chain or otherwise tether an animal kept as a pet
2 that is over the age of six months outdoors if the pet is collared by a properly
3 fitting. non-choke type collar or a body harness that is fastened to either:
4
5 1. A tether that is at least three times the body length of the
6 animal measured from the animal's nose to back of the hindquarters, and
7 that is free from entanglement: or
8 2. An overhead run, which is a leash or chain attached to an
9 overhead wire at lease ten feet long, that allows the animal to move
10 unheeded.
11
12 (d) Nothing in this section shall be construed to prohibit an owner or keeper
13 from controlling an animal kept as a pet by the handheld use of a rope, leash or chain.
14
15 (ee) It shall be unlawful for any person to abandon or set loose, with the
16 intention of avoiding the responsibility for the custody and care of, any domestic animal
17 within the limits of the city.
18
19 SECTION 4. Codification of this Ordinance is hereby authorized and directed.
20 SECTION 5. All ordinances or parts of ordinances in conflict herewith be, and
21 the same are, hereby repealed to the extent of such conflict.
22 SECTION 6. If any clause, section, other part or application of this ordinance is
23 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
24 it shall not affect the validity of the remaining portions or applications of this ordinance.
25 SECTION 7. This Ordinance shall become effective immediately upon adoption.
26 FIRST READING, this ao day of J.:~nutlft ,2009.
6
1 SECOND, FINAL READING AND PASSAGE, this du\ (\! Iii"
2
3 i 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 ATTEST:
17
~_._"
18 Commissioner -- Marlene Ross
19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (CORPORA TE SEAL)
25
I
7
I
XII. - lEGAl- 2nd Read;n
Non-Development 9
ITEM 8.4, 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 December 16, 2008 December I, 2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March]7, 2009 March 2, 2009 (Noon)
.~
[gJ February 3, 2009 o April 7, 2009 March 16, 2009 (NoonG5 --.
January 19, 2009 (Noon) q.,-.,!
~-<
c... "'<'.0
:Do
Z (:J "'T';
0 AnnouncementslPresentations 0 City Manager's Report ~ :-Cl:1
rTjQ
::0
NATURE OF 0 Administrative 0 New Business ~-<
-0 .2:
AGENDA ITEM V> ---{
0 Consent Agenda [gJ Legal :J: 0
O:z::
0 0 Unfinished Business - -r.:t
Code Compliance & Legal Settlements .. -"Gl:;l
0 0 .s:- ~
Public Hearing - . ,,:,.,
.:t:.
RECOMMENDATION: Approve the attached Resolution adopting a Planning and Zoning Development Permit Fee for the
construction of animal enclosures in the City of Boynton Beach.
EXPLANATION: The City Commission has approved changes to the City's Code of Ordinances, Chapter 4 - titled Animals
and Fowl, providing language that regulates the size of and construction of animal enclosures. Animal owners will be
required to obtain a construction permit for an enclosure. The permit fee will be $10. This resolution provides for the
amendment to our Planning and Zoning Development Schedule of Fees for Land Development Related Activities to
incorporate the new fee.
PROGRAM IMP ACT: The permit process will provide a review process for the appropriate construction of animal
enclosures as defmed in the newly amended City Code of Ordinances - Chapter 4 -Animals and Fowl.
FISCAL IMP ACT: Staff recommends a minimal fee of $1 0 be established for a brief review of the construction documents
for the animal enclosures.
ALTERNATIVES: Not approve the change to the Schedule of Fees.
~Jy~~ ) /~1
~,.
,/ 'O--..~--~
Department Head's Signature City Manager's Signature
Assistant to City Manager U141-
~~~-
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1 RESOLUTION NO. 09-
I
I,
'2 I' A RESOLUTION OF THE CITY COMMISSION OF THE
3 I CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A
4 PLANNIN G AND ZONING DEVELOPMENT PERMIT
5 FEE FOR CONSTRUCTION OF DOG ENCLOSURES IN
6 THE CITY OF BOYNTON BEACH, AND PROVIDING AN
7 EFFECTIVE DATE
8
9 WHEREAS, the City Commission. pursuant to Part III. "Land Development
10 Regulations", Chapter 1, "General Provisions", Article VI, "Land Development Fees". has the
11 authority to establish fees for land development activities pursuant to Resolution; and
12 WHEREAS, the City Commission for the City of Boynton Beach finds that the
13 adoption of a Planning and Zoning development permit fee for construction of dog enclosures
14 is necessary and is in the best interest of the health, safety and welfare of the citizens or
15 I residents of Boynton Beach.
16 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
I
I
17 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
18 Section 1. The above referenced whereas clauses are incorporated herein by
19 reference.
20 I Section 2. The Planning and Zoning development permit fee for construction of dog
21 enclosures is hereby set at ten dollars ($10.00). The Planning and Zoning Development
22 Schedule of Fees for Land Development Related Activities shall be amended to reHect the
23 I Planning and Zoning development permit fee for construction of dog enclosures. /\ copy of
"
24 the amended fee schedule shall be maintained in the City Clerk's office as well as the Planning
.,~ I i and Zoning ~epartment. . '. .. .,
L.)
26
SectJOn 3. All resolutlOns are parts of resolutlOns and cont1Ict hereWIth are hereb)
27 repealed to the extent of such cont1ict.
I
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,
1 Section 4. If any clause, section, other part or application of this resolution is held
by any Court of competent jurisdiction to be unconstitutional or invalid, in part or application,
- it shall not affect the validity of the remaining portions or applications of this Resolution.
4 Section 5. This Resolution shall become effective immediately upon its passage and
5 adoption.
6 PASSED AND ADOPTED this day of January, 2009.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 Mayor - Jerry Taylor
12
13
14 Vice Mayor - Jose Rodriguez
15
16
17 Commissioner - Ronald Weiland
18
19
20 Commissioner - Woodrow L. Hay
21 ATTEST:
22
23 Commissioner - Marlene Ross
24
25 Janet M. Prainito, CMC
26 City Clerk
27
28
29 (CORPORA TE SEAL)
30
31
32
. XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16, 2008 December 1, 2008 (Noon) o February ]7,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3. 2009 February 17,2009 (Noon)
o January 20, 2009 o March 17,2009 i.::;l
January 5, 2009 (Noon) March 2, 2009 (Noon) C ~::;;;
'-0 ::j;<
~ February 3, 2009 o April 7,2009 C- -<$
January 19,2009 (Noon) March 16,2009 (Noon):ta
:z: C")-r'l
I\,) It;r.)
mO
-..I :;Q-<
0 Announcements/Presentations 0 City Manager's Report -0 ~~.
M-I
0 Administrative 0 ::Jt 0
NA TURE OF New Business W '7,1i:
AGENDA ITEM 0 Consent Agenda 0 Legal.- Ordina~ce - Firs~eacj
0 Code Compliance & Legal Settlements 0 Unfimshed Busmess'c'
0 Public Hearing 0
RECOMMENDATION:
Staff recommends that the City of Boynton Beach adopt the proposed revisions to the Boynton Beach Administrative
Amendments to the 2007 Florida Building Code.
EXPLANATION:
To meet the requirements of Florida Statute 553, allowing contractors and developers that work in Palm Beach County to
have greater consistency in code application when performing work in the City of Boynton Beach.
PROGRAM IMP ACT: None
FISCAL IMP ACT: None
ALTERNATIVES: Apply the Florida Building Code without the Administrative Amendments tailored to the specific
requirements of the City 0 Boynton Beach.
~
City Manager's Signature
Assistant to City Manager ~
Department of Development
Department Name City Attorney / Finance
S:\Development\Administration\CC [moved to Laserfiche]\Agenda Items\2009\Agenda Item 2-3 BB FBC Amendments,doc
1 ORDINANCE NO. 09-
..,
-
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA; PROVIDING
5 FOR THE ADOPTION OF THE BOYNTON BEACH
6 ADMINISTRA TIVE AMENDMENTS TO THE 2007
7 FLORIDA BUILDING CODE, AND AMENDMENTS
8 THERETO: PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, pursuant to Chapter 553.73, Florida Statutes. the City Commission may
13 adopt amendments to the administrative provisions of the Florida Building Code. subject to
14 the limitations in said statute; and
15 WHEREAS, previously on October 17, 2006, the City Commission adopted
16 Administrative Amendments to the 2004 Florida Building Code, Gas Mechanical and
] 7 Plumbing Codes, 2004 Edition, and the 2005 National Electric Code; and
I
18 WHEREAS, the City Commission hereby adopts the revisions to the Administrative
19 Amendments to the 2007 Florida Building Code. such revisions are attached hereto as Exhibit
20 "A", and incorporated herein by reference; and
21 I WHEREAS, such amendments must be transmitted to the State within 30 days after
22 I enactment of the amendments.
I
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
'), I
~-'
24 I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
,
\
25 I, Section 1. The foregoing whereas clauses are true and correct and are now ratified
26 and contirmed by the City Commission.
27 ! I Section 2. That the Boynton Beach Administrative Amendments to the 2007
28 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit
29 "A", which is attached hereto and incorporated herein by reference.
30 I Section 3. That ordinances or parts of ordinances in cont1ict herewith be and the
I r \C,\\(),di"~,,\\Am,"dm'",\ '" "mldm, Cod, 12"07",,,,,,, R",,,,,"",,,
, 1 ~
1 same are hereby repealed, provided that in the event of a conflict with respect to the
2 administration of the building codes, existing administrative laws or rules of the City shall
3 control.
4 Section 4. Should any section or provision of this Ordinance or any portion
5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
6 affect the remainder of this Ordinance.
7 Section 5. Authority is hereby given to codify this Ordinance.
8 Section 6. This Ordinance shall become effective immediately.
9
10 FIRST READING this _ day of ,2009.
11
12 SECOND, FINAL READING AND PASSAGE this _ day of ,2009.
13
14 CITY OF BOYNTON BEACH, FLORIDA
15
16
17 Mayor - Jerry Taylor
18
19
20 Vice Mayor - Jose Rodriguez
21
22
23 Commissioner - Ronald Weiland
24
25
26 Commissioner - Woodrow L. Hay
27
28
29 Commissioner - Marlene Ross
30 ATTEST:
31
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36
37 (City Seal)
38
39
S:\CA\Ordinances\Amendments to Building Code (2007)(2009 Revision),doc
BOYNTON BEACH
ADMINISTRA TIVE AMENDMENTS
to the
2007 FLORIDA BUILDING CODE
ORDINANCE NO. 09-
-
EFFECTIVE ,2009
BEGINNING WITH PERMIT NO. 09-
City of Boynton Beach Department of Development
Building Division
100 East Boynton Beach Blvd.
PO Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6350 FAX (561) 742-6357
TABLE OF CONTENTS
ADMINISTRATIVE CODE
(Applies to all Construction Codes)
CHAPTER 1 ADMINISTRATION
SECTION Page
101 GENERAL 3
102 APPLICABILITY 5
103 RESERVED 9
104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 9
105 PERMITS 15
106 CONSTRUCTION DOCUMENTS 25
107 TEMPORARY STRUCTURES AND USES 35
108 FEES 36
109 INSPECTIONS 38
110 CERTIFICATES AND BUILDING USE 45
111 SERVICE UTILITIES 47
112 BUILDING BOARD OF ADJUSTMENT & APPEALS 48
113 RESERVED 51
114 STOP WORK 51
115 RESERVED 52
2
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Florida Building
Code! hereinafter referred to as "this code."
101.2 Scope. The provisions of this code shall apply to the
construction! alteration! movement! enlargement, replacement! repair,
equipment! use and occupancy, location, maintenance! removal and
demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures as herein
amended by this jurisdiction.
Exceptions:
1. Detached one and two-family dwellings and multiple single-
family dwellings (town houses) not more than three stories
above grade plane in height with a separate means of
egress and their accessory structures shall comply with the
Florida Building Code, Residential.
2. Existing buildings undergoing repair! alterations or addition
and change of occupancy shall comply with Chapter 34 of this
code.
101.2.1 Appendices. Provisions in the appendices shall not
apply unless specifically adopted.
101.3 Intent. The purpose of this code is to establish the minimum
requirements to safeguard the public health! safety and general
welfare through structural strength, means of egress facilities,
stability, sanitation, adequate light and ventilation, energy
conservation! and safety to life and property from fire and other
hazards attributed to the built environment and to provide
safety to fire fighters and emergency responders during emergency
operations.
101.3.1 Quality control. Quality control of materials and
workmanship is not within the purview of this code except as it
relates to the purposes stated herein.
101.3.2 Permitting, plan review and inspection. The
permitting! plan review or inspection of any building! system or
plan by this jurisdiction! under the requirements of this code,
shall not be construed in any court as a warranty of the physical
condition of such building! system or plan or their adequacy. This
3
jurisdiction shall not be liable in tort for damages or hazardous
or illegal condition or inadequacy in such building, system or
plan, nor for any failure of any component of such, which may
occur subsequent to such inspection or permitting. Further, no
Building Department employee shall be liable in tort for damages
from such conditions, in accordance with Section 768.28(9)(a),
Florida Statutes, as may be amended.
101.4 Referenced codes. The other codes listed in Sections 101.4.1
through 101.4.9 and referenced elsewhere in this code shall be
considered part of the requirements of this code to the prescribed
extent of each such reference. The Land Development Regulations of
the Boynton Beach Code of Ordinances as adopted by Ordinance 95-
02, and subsequent amendments, shall set forth additional
construction standards.
101.4.1 Electrical. The provisions of Chapter 27 of the Florida
Building Code, Building shall apply to the installation of electrical
systems, including alterations, repairs, replacement, equipment,
appliances, fixtures, fittings and appurtenances thereto.
101.4.2 Gas. The provisions of the Florida Building Code, Fuel
Gas shall apply to the installation of gas piping from the point of
delivery, gas appliances and related accessories as covered in
this code. These requirements apply to gas piping systems
extending from the point of delivery to the inlet connections of
appliances and the installation and operation of residential and
commercial gas appliances and related accessories.
101.4.3 Mechanical. The provisions of the Florida Building
Code, Mechanical shall apply to the installation, alterations,
repairs and replacement of mechanical systems, including
equipment, appliances, fixtures, fittings and/or appurtenances,
including ventilating, heating, cooling, air-conditioning and
refrigeration systems, incinerators and other energy-related
systems.
101.4.4 Plumbing. The provisions of the Florida Building Code,
Plumbing shall apply to the installation, alteration, repair and
replacement of plumbing systems, including equipment,
appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a
medical gas system.
4
101.4.5 Reserved.
101.4.6 Fire prevention. For provisions related to fire
prevention, refer to the Florida Fire Prevention Code and the City
of Boynton Beach Code of Ordinances, Chapter 9 - Fire
Protection and Prevention. The Florida Fire Prevention Code shall
apply to matters affecting or relating to structures, processes
and premises from the hazard of fire and explosion arising from
the storage, handling or use of structures, materials or devices;
from conditions hazardous to life, property or public welfare in
the occupancy of structures or premises; and from the
construction, extension, repair, alteration or removal of fire
suppression and alarm systems or fire hazards in the structure
or on the premises from occupancy or operation.
101.4.7 Energy. The provisions of Chapter 13 of the Florida
Building Code, Building shall apply to all matters governing the
design and construction of buildings for energy efficiency.
101.4.8 Accessibility. For provisions related to accessibility,
refer to Chapter 11 of the Florida Building Code, Building.
101.4.9 Manufactured buildings. For additional administrative
and special code requirements, see Section 428, Florida Building
Code, Building, and Rule 9B-l F.A.C.
SECTION 102
APPLICABILITY
102.1 General. Where, in any specific case, different sections of this
code specify different materials, methods of construction or other
requirements, the most restrictive shall govern. Where there is a
conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
102.1.1 The Florida Building Code does not apply to, and no
code enforcement action shall be brought with respect to, zoning
requirements, land use requirements and owner specifications or
programmatic requirements 'vvhich do not pertain to and govern
the design, construction, erection, alteration, modification, repair
or demolition of public or private buildings, structures or facilities
or to programmatic requirements that do not pertain to
5
enforcement of the Florida Building Code. Additionally, a local
code enforcement agency may not administer or enforce the
Florida Building Code, Building to prevent the siting of any
publicly owned facility, including, but not limited to, correctional
facilities, juvenile justice facilities, or state universities,
community colleges, or public education facilities, as provided by
law. In addition to the requirements of this code, there may be
regulations by other agencies affecting details of development,
building design and construction..
102.2 Building. The provisions of the Florida Building Code shall
apply to the construction, erection, alteration, modification, repair,
equipment, use and occupancy, location, maintenance, removal and
demolition of every public and private building, structure or facility or
floating residential structure, or any appurtenances connected or
attached to such buildings, structures or facilities. Additions,
alterations, repairs and changes of use or occupancy group in all
existing buildings and structures shall comply with the provisions
provided in Chapter 34 of this code. The following buildings, structures
and facilities are exempt from the Florida Building Code as provided by
law, and any further exemptions shall be as determined by the
legislature and provided by law:
(a) Building and structures specifically regulated and preempted
by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for
construction purposes.
(e) Mobile or modular structures used as temporary offices,
except that the provisions of Part II, Section 553.501-553.513,
Florida Statutes, relating to accessibility by persons with
disabilities shall apply to such mobile or modular structures.
Permits shall be required for structural support and tie down,
electric supply and all utility connections.
(f) Those structures or facilities of electric utilities, as defined in
Section 366.02, Florida Statutes, which are directly involved in
the generation, transmission, or distribution of electricity.
6
(g) Temporary sets, assemblies, or structures used in
commercial motion picture or television production, or any
sound-recording equipment used in such production, on or
off the premises.
(h) Chickees constructed by the Miccosukee Tribe of
Indians of Florida or the Seminole Tribe of Florida. As used
in this paragraph, the term "chickee" means an open-sided
wooden hut that has a thatched roof of palm or palmetto
or other traditional materials, and that does not
incorporate any electrical, plumbing, or other non-wood
features.
102.2.1 In addition to the requirements of Section 553.79
and 553.80, Florida Statutes, facilities subject to the
provisions of Chapter 395, Florida Statutes, and Part II of
Chapter 400, Florida Statutes, shall have facility plans reviewed
and construction surveyed by the state agency authorized to do
so under the requirements of Chapter 395, Florida Statutes, and
Part II of Chapter 400, Florida Statutes, and the certification
requirements of the federal government.
102.2.2 Residential buildings or structures moved into or within
a county or municipality shall not be required to be brought into
compliance with the state minimum building code in force at the
time the building or structure is moved, provided:
1. The building or structure is structurally sound for
wind speed requirements of the new location
and in occupiable condition for its intended use;
2. The occupancy use classification for the building
or structure is not changed as a result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and
egress are met;
5. Electrical, gas and plumbing systems meet the
codes in force at the time of construction
and are operational and safe for reconnection;
and
7
6. Foundation plans are sealed by a professional
engineer or architect licensed to practice in this
state, if required by the Florida Building Code, Buildings
for all residential buildings or structures of the same
residential occupancy class.
102.2.3 The building official shall apply the same standard to a
moved residential building or structure as that applied to the
remodeling of any comparable residential building or structure to
determine whether the moved structure is substantially
remodeled.
The cost of the foundation on which the moved building or
structure is placed shall not be included in the cost of remodeling
for purposes of determining whether a moved building or
structure has been substantially remodeled.
102.2.4 This section does not apply to the jurisdiction and
authority of the Department of Agriculture and Consumer
Services to inspect amusement rides or the Department of
Financial Services to inspect state-owned buildings and boilers.
102.2.5 Each enforcement district shall be governed by a board,
the composition of which shall be determined by the affected
localities. At it's own option, the enforcement district / local
enforcement agency (the City of Boynton Beach Building
Division) grants to the owners of any single-family residence the
following exemption from the Florida Building Code:
1. The installation of one (1) accessory building (tool shed,
etc.) per lot, with the accessory building having a size less than
or equal to 100 square feet.
This code exemption, as defined by this section, shall be
certified to the local board 10 days prior to implementation and
shall be effective only in the territorial jurisdiction of the
enforcement district I local enforcement agency implementing it.
102.2.6 This section does not apply to swings and other
playground equipment accessory to a one- or two-family
dwelling.
Exception: Electrical service to such playground equipment
shall be in accordance with Chapter 27 of this code.
8
102.3 Application of references. References to chapter or section
numbers, or to provisions not specifically identified by number, shall
be construed to refer to such chapter, section or provision of this code.
102.4 Referenced codes and standards. The codes and standards
referenced in this code shall be considered part of the requirements of
this code to the prescribed extent of each such reference. Where
differences occur between provisions of this code and referenced codes
and standards, the provisions of this code shall apply.
102.5 Reserved.
102.6 Existing structures. The legal occupancy of any structure
existing on the date of adoption of this code shall be permitted to
continue without change, except as is specifically covered in this code,
or the Florida Fire Prevention Code, or as is deemed necessary by the
building official for the general safety and welfare of the occupants and
the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not
constitute an alteration.
(2) A relocated building shall comply with wind speed
requirements of the new location, using the appropriate wind
speed map. If the existing building was manufactured in
compliance with the Standard Building Code (prior to March 1,
2002), the wind speed map of the Standard Building Code shall
be applicable. If the existing building was manufactured in
compliance with the Florida Building Code (after March 1, 2002),
the wind speed map of the Florida Building Code shall be
applicable.
SECTION 103
Reserved
SECTION 104
DUTIES AND POWERS OF THE BUILDING OFFICIAL
9
104.1 General. The building official is hereby authorized and directed
to enforce the provisions of this code. The building official is further
authorized to render interpretations of this code, which are consistent
with its spirit and purpose.
104.2 Right of entry
104.2.1 Whenever necessary to make an inspection to enforce
any of the provisions of this code, or whenever the building
official has reasonable cause to believe that there exists in any
building or upon any premises any condition or code violation
which makes such building, structure, premises, electrical, gas,
mechanical or plumbing systems unsafe, dangerous or
hazardous, the building official may enter such building,
structure or premises at all reasonable times to inspect the same
or to perform any duty imposed upon the building official by this
code. If such building or premises are occupied, he/she shall first
present proper credentials and request entry. If such building,
structure, or premises are unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having
charge or control of such and request entry. If entry is refused,
the building official shall have recourse to every remedy
provided by law to secure entry.
104.2.2 When the building official shall have first obtained a
proper inspection warrant or other remedy provided by law to
secure entry, no owner or occupant or any other persons having
charge, care or control of any building, structure, or premises
shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the building official
for the purpose of inspection and examination pursuant to this
code.
104.3 Stop work orders. Upon notice from the building official, work
on any building, structure, electrical, gas, mechanical or plumbing
system that is being done contrary to the provisions of this code or in
a dangerous or unsafe manner, shall immediately cease. Such notice
shall be in writing and shall be given to the owner of the property, or
to their agent, or to the person doing the work, and shall state the
conditions under which work may be resumed. Where an emergency
exists, the building official shall not be required to give a written notice
prior to stopping the work.
10
104.4 Revocation of permits. The building official is authorized to
suspend or revoke a permit issued under the provisions of this code
wherever the permit is issued in error or on the basis of incorrect,
inaccurate or incomplete information, or in violation of any ordinance
or regulation or any provisions of this code.
104.4.1 Misrepresentation of application. The building
official may revoke a permit or approval, issued under the
provisions of this code, when a determination has been made
that a false statement or misrepresentation as to a material fact
in the application or plans has been made, on which the permit
or approval was based.
104.4.2 Violation of code provisions. The building official
may revoke a permit upon determination by the building official
that the construction, erection, alteration, repair, moving,
demolition, installation, or replacement of the building,
structure, electrical, gas, mechanical or plumbing systems for
which the permit was issued is in violation of, or not in
conformity with, the provisions of this code.
104.5 Unsafe buildings or systems. All buildings, structures,
electrical, gas, mechanical or plumbing systems which are unsafe,
unsanitary, or do not provide adequate egress, or which constitute a
fire hazard, or are otherwise dangerous to human life, or which in
relation to existing use, constitute a hazard to safety or health, are
considered unsafe buildings or service systems. All such unsafe
buildings, structures or service systems are hereby declared illegal and
shall be abated by repair and rehabilitation or by demolition in
accordance with this Code. The extent of repairs shall be determined
by the building official. When the building official determines that an
unsafe building, structure or service system cannot be reasonably
repaired in accordance with this or the technical codes, it shall be
demolished in accordance with this section.
104.5.1 When the building official determines a building,
structure, electrical, gas, mechanical or plumbing system or
portion thereof is unsafe, as set forth in this Code he/she shall,
in accordance with established procedure for legal notices, give
the owner, agent or person in control of such building, structure,
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stating the defects thereof. This notice shall require the owner
within a stated time either to complete specified repairs or
improvements, or to demolish and remove the building,
11
structure, electrical, gas, mechanical or plumbing system or
portion thereof.
104.5.2 If necessary, such notice shall also require the building,
structure, electrical, gas, mechanical, plumbing systems or
portion thereof to be vacated forthwith and not reoccupied until
the specified repairs and improvements are completed, inspected
and approved by the building official. The building official shall
cause to be posted at each entrance to such building a notice
stating:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY
HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL.
Such notice shall remain posted until the required repairs are
made or demolition is completed. It shall be unlawful for any
person, firm or corporation or its officers, agents, or other
servants, to remove such notice without written permission of
the building official, or for any person to enter the building, or
use such systems except for the purpose of making the required
repairs or of demolishing same.
104.5.3 The owner, agent or person in control of an unsafe
structure or system shall have the right to appeal the decision of
the building official, as provided hereinafter, and to appear
before the Construction Board of Adjustments and Appeals at a
specified time and place to show cause why he should not
comply with said notice.
104.5.4 In case the owner, agent, or person in control cannot
be found within the stated time limit, or, if such owner, agent, or
person in control shall fail, neglect, or refuse to comply with the
notice to repair, rehabilitate, or to demolish, and remove said
building, structure, electrical, gas, mechanical or plumbing
system or portion thereof, the building official, after having
ascertained the cost, shall cause such building, structure,
electrical, gas, mechanical or plumbing system or portion
thereof, to be demolished, secured, or required to remain vacant
or unused.
104.5.5 The decision of the building official shall be final in
cases of emergency, which, in the opinion of the building official,
involve imminent danger to human life or health, or the property
of others. He/she shall promptly cause such building, structure,
12
electrical, gas, mechanical or plumbing system or portion thereof
to be made safe or cause its removal. For this purpose he/she
may at once enter such structure or land on which it stands, or
abutting land or structures, with such assistance and at such
cost as he may deem necessary. He/she may order the vacating
of adjacent structures and may require the protection of the
public by appropriate fence or such other means as may be
necessary, and for this purpose may close a public or private
way.
104.5.6 Costs incurred under 104.5.4 and 104.5.5 shall be
charged to the owner of the premises involved. If charges are
not paid within a ten (10) day period following the billing
notification sent by certified mail, the owner of the premises will
be charged in the following manner:
1. The building official shall assess the entire cost of such
vacation, demolition, or removal against the real property
upon which such cost was incurred, which assessment
shall include but not be limited to all administrative costs,
postal expenses, newspaper publication, and shall
constitute a lien upon such property superior to all others
except taxes.
2. The Clerk of the Circuit Court shall file such lien in the
County's Official Record Book showing the nature of such
lien, the amount thereof and an accurate legal description
of the property, including the street address, which lien
shall be effective from the date of filing and recite the
names of all persons notified and interested persons. After
three (3) months from the filing of any such lien which
remains unpaid, the governing body may foreclose the lien
in the same manner as mortgage liens are foreclosed.
Such lien shall bear interest from date of abatement of
nuisance at the rate of ten (10) percent per annum and
shall be enforceable jf unsatisfied as other liens may be
enforced by the governing agency.
104.6 Requirements not covered by code. Any requirements
necessary for the strength, stability or proper operation of an existing
or proposed building, structure, electrical, gas, mechanical or plumbing
system, or for the public safety, health and general welfare, not
specifically covered by this or the other technical codes, shall be
determined by the building official. In addition, other requirements to
implement, clarify or set procedures to accomplish the intent of this
13
code may be set in writing by the building official and may be posted
electronically for public access.
104.7 Reserved.
104.8 Reserved.
104.9 Approved materials and equipment. Materials, equipment
and devices approved by the building official shall be constructed and
installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used
materials that meet the requirements of this code for new
materials is permitted. Used equipment and devices shall not be
reused unless approved by the building official.
104.10 Reserved.
104.11 Alternative materials, design and methods of
construction and equipment. The provisions of this code are not
intended to prevent the installation of any material or to prohibit
any design or method of construction not specifically prescribed by this
code, provided that any such alternative has been approved. An
alternative material, design or method of construction shall be
approved where the building official finds that the proposed design is
satisfactory and complies with the intent of the provisions of this code,
and that the material, method or work offered is, for the purpose
intended, at least the equivalent of that prescribed in this code in
quality, strength, effectiveness, fire resistance, durability and safety.
When alternate life safety systems are designed, the SFPE Engineering
Guide to Performance-Based Fire Protection Analysis and Design of
Buildings, or other methods approved by the building official, may be
used. The building official shall require that sufficient evidence or proof
be submitted to substantiate any claim made regarding the
alternative.
104.11.1 Research reports. Supporting data, where necessary
to assist in the approval of materials or assemblies not
specifically provided for in this code, shall consist of valid
research reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of
compliance with the provisions of this code, or evidence that a
material or method does not conform to the requirements of
14
this code, or in order to substantiate claims for alternative
materials or methods, the building official shall have the
authority to require tests as evidence of compliance to be made
at no expense to the jurisdiction. Test methods shall be as
specified in this code or by other recognized test standards. In
the absence of recognized and accepted test methods, the
building official shall approve the testing procedures. Tests shall
be performed by an approved agency. Reports of such tests shall
be retained by the building official for the period required for
retention of publiC records.
104.11.3 Accessibility. Alternative designs and technologies
for providing access to and usability of a faCility for persons with
disabilities shall be in accordance with Section 11-2.2.
SECTION 105
PERMITS
105.1 Required. Any owner or authorized agent who intends to
construct, enlarge, alter, repair, move, demolish, or change the
occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any required impact-
resistant coverings, electrical, gas, mechanical or plumbing
system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to
the building official and obtain the required permit.
105.1.1 Annual facility permit. In lieu of an individual permit
for each alteration to an existing electrical, gas, mechanical,
plumbing or interior nonstructural office system(s), the building
official is authorized to issue an annual permit for any occupancy
to facilitate routine or emergency service, repair, refurbishing,
minor renovations of service systems or manufacturing
equipment installations/relocations. The building official shall be
notified of major changes and shall retain the right to make
inspections at the facility site as deemed necessary. An annual
facility permit shall be assessed with an annual fee and shall be
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be obtained for each facility and for each construction trade, as
applicable. The permit application shall contain a general
15
description of the parameters of work intended to be performed
during the year.
105.1.2 Annual permit records. The person to whom an
annual permit is issued shall keep a detailed record of alterations
made under such annual permit. The building official shall have
access to such records at all times or such records shall be filed
with the building official as designated.
105.1.3 Food permit. As per Section 500.12, Florida Statutes,
a food permit from the Department of Agriculture and Consumer
Services is required of any person who operates a food
establishment or retail store.
105.2 Work exempt from permit. Exemptions from permit
requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation
of the provisions of this code. Permits may not be required for
the following:
Building:
1. Replacement or repair work having value of less than
$1,500.00, providing, however, that such work will not
affect the structural integrity, fire rating, exit access or
egress requirements. In the case of roofing repairs, a
permit may not be required for work having a value of
less than $500, unless such work effects the structural
integrity of the roof.
2. The installation of one (1) accessory building (tool shed,
etc.) per single family residence / lot, with the
accessory building having a size less than or equal to
100 square feet.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter
approval of the equipment or make such equipment
unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any
16
heating or cooling equipment regulated by this code.
5. Replacement of any part which does not alter its
approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10
pounds (4.54 kg) or less of refrigerant and actuated by
motors of 1-horsepower (746 W) or less.
8. The installation, replacement, removal or metering of
any load management control device.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or
vent pipe provided, however, that if any concealed trap,
drain pipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace
the same with new material, such work shall be considered
as new work and a permit shall be obtained and inspection
made as provided by this code.
2. The clearing of stoppages or the repairing of leaks in
pipes, valves or fixtures, and the removal and
reinstallation of water closets, provided such repairs do not
involve or require the replacement or rearrangement of
valves, pipes or fixtures.
3. The repair, installation or replacement of minor
plumbing fixtures to existing supply and drain lines in one
and two-family dwelling units. This exemption does not
include water heaters, bathtubs or showers.
105.2.1 Emergency repairs. Where equipment replacements
and repairs must be performed in an emergency situation, the
permit application shall be submitted within the next working
business day to the building official.
105.2.2 Minor repairs. Ordinary minor repairs or installation of
replacement parts may be made with the approval of the
building official without a permit, provided the repairs do not
include the cutting away of any wall, partition or portion thereof,
the removal or cutting of any structural beam or load-bearing
support, or the removal or change of any required means of
egress, or rearrangement of parts of a structure affecting the
egress requirements; additionally; ordinary minor repairs shall
not include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader,
gas, soil, waste, vent or similar piping, electric wiring systems or
17
mechanical equipment or other work affecting public health or
general safety, and such repairs shall not violate any of the
provisions of the technical codes.
105.2.3 Temporary structures. A special building permit for a
6 month time period may be required before the erection of
temporary structures such as canopies, tents and fences used in
construction work or for temporary purposes such as reviewing
stands. Such structures shall be completely removed upon the
expiration of the 6 month time limit.
105.3 Application for permit. To obtain a permit, the applicant shall
first file an application therefore in writing on a form furnished by the
building department for that purpose. Permit application forms shall be
in the format prescribed by a local administrative board, if applicable,
and must comply with the requirements of Section 713.135(5) and
(6), Florida Statutes.
Each application shall be inscribed with the date of application,
and the code in effect as of that date. For a building permit for which
an application is submitted prior to the effective date of the latest
edition of Florida Building Code, the state minimum building code in
effect in the permitting jurisdiction on the date of the application
governs the permitted work for the life of the permit and any
extension granted to the permit.
105.3.1 Action on application. The building official shall
examine or cause to be examined applications for permits and
amendments thereto within a reasonable time after filing. If the
application or the construction documents do not conform to the
requirements of pertinent laws, the building official shall reject
such application in writing, stating the reasons therefore. If the
building official is satisfied that the proposed work conforms to
the requirements of this code and laws and ordinances applicable
thereto, the building official shall issue a permit therefore as
soon as practicable. When authorized through contractual
agreement with a school board, in acting on applications for
permits, the building official shall give first priority to any
applications for the construction of, or addition or renovation to,
any school or educational facility.
105.3.1.1 If a state university, state community college or
public school district elects to use a local government's
code enforcement offices, fees charged by counties and
18
municipalities for enforcement of the Florida Building Code
on buildings, structures, and facilities of state universities,
state colleges, and public school districts shall not be more
than the actual labor and administrative costs incurred for
plans review and inspections to ensure compliance with the
code.
105.3.1.2 No permit may be issued for any building
construction, erection, alteration, modification, repair, or
addition unless the applicant for such permit provides to
the enforcing agency which issues the permit any of the
following documents which apply to the construction for
which the permit is to be issued and which shall be
prepared by or under the direction of an engineer
registered under Chapter 471, Florida Statutes:
1. Plumbing documents for any new building or
addition which requires a plumbing system with
more than 250 fixture units or which costs more than
$50,000.
2. Fire sprinkler documents for any new building or
addition that includes a fire sprinkler system which
contains 50 or more sprinkler heads. A Contractor I,
Contractor II, or Contractor IV, certified under
Section 633.521 Florida Statutes, may design a fire
sprinkler system of 49 or fewer heads and may
design the alteration of an existing fire sprinkler
system if the alteration consists of the relocation,
addition or deletion of not more than 49 heads,
notwithstanding the size of the existing fire sprinkler
system.
3. Heating, ventilation, and air-conditioning
documents for any new building or addition that
requires more than a 15-ton-per-system capacity
that is designed to accommodate 100 or more
persons or for which the system costs more than
$50,000. This paragraph does not include any
document for the replacement or repair of an
existing system in which the work does not require
altering a structural part of the building or for work
on a residential one; two; three or four-family
structure.
19
An air-conditioning system may be designed by an
installing air-conditioning contractor certified under
Chapter 489, Florida Statutes, to serve any building
or addition which is designed to accommodate fewer
than 100 persons and requires an air-conditioning
system with a value of $50,000 or less; and when a
15-ton-per system or less is designed for a singular
space of a building and each 15-ton system or less
has an independent duct system. Systems not
complying with the above require design documents
that are to be sealed by a professional engineer.
Example 1: When a space has two 10-ton systems
with each having an independent duct system, the
contractor may design these two systems since each
unit (system) is less than 15 tons.
Example 2: Consider a small single-story office
building that consists of six individual offices where
each office has a single three-ton package air
conditioning heat pump. The six heat pumps are
connected to a single water-cooling tower. The
cost of the entire heating, ventilation and air-
conditioning work is $47/000 and the office building
accommodates fewer than 100 persons. Because the
six mechanical units are connected to a common
water tower this is considered to be an 18-ton
system. A mechanical or air conditioning contractor
therefore could not design it.
Note: It was further clarified by the Florida Building
Commission that the limiting criteria of 100 persons
and $50/000 apply to the building occupancy load
and the cost for the total air-conditioning system of
the building.
4. Any specialized mechanical, electrical, or plumbing
document for any new building or addition which
includes a medical gas, oxygen, steam, vacuum,
toxic air filtration, halon, or fire detection and alarm
system which costs more than $5,000.
Documents requiring an engineer seal by this part shall not be
valid unless a professional engineer who possesses a valid
20
certificate of registration has signed, dated, and stamped such
document as provided in Section 471.025, Florida Statutes.
105.3.2 Time limitation of application. An application for a
permit for any proposed work shall be deemed to have been
abandoned, becoming null and void, 180 days after the date of
filing, unless such application has been pursued in good faith or
a permit has been issued; except that the building official is
authorized to grant one or more extensions of time for additional
periods not exceeding 90 days each not to exceed three
extensions. After the third extension, appeal may be made to the
Building Board of Adjustment and Appeals for any additional
extensions. The extension shall be requested in writing and
justifiable cause demonstrated.
105.3.3 An enforcing authority may not issue a building permit
for any building construction, erection, alteration, modification,
repair or addition unless the permit either includes on its face or
there is attached to the permit the following statement:
"NOTICE: In addition to the requirements of this permit, there
may be additional restrictions applicable to this property that
may be found in the public records of this county, and there may
be additional permits required from other governmental entities
such as water management districts, state agencies, or federal
agencies. fI
105.3.4 A building permit for a single-family residential dwelling
must be issued within 30 working days of application therefore
unless unusual circumstances require a longer time for
processing the application or unless the permit application fails
to satisfy the Florida Building Code or the enforcing agency's
laws or ordinances.
105.3.5 Identification of minimum premium policy. Except
as otherwise provided in Chapter 440, Florida Statutes, Workers'
Compensation, every employer shall, as a condition to receiving
a building permit, show proof that it has secured compensation
for its employees as provided in Section 440.10 and 440.38,
Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or disposal of
asbestos-containing materials on a residential building where the
owner occupies the building, the building is not for sale or lease,
21
and the work is performed according to the owner-builder
limitations provided in this paragraph. To qualify for exemption
under this paragraph, an owner must personally appear and sign
the building permit application. The permitting agency shall
provide the person with a disclosure statement in substantially
the following form:
Disclosure Statement: State law requires asbestos abatement to
be done by licensed contractors. You have applied for a permit
under an exemption to that law. The exemption allows you, as
the owner of your property, to act as your own asbestos
abatement contractor even though you do not have a license.
You must supervise the construction yourself. You may move,
remove or dispose of asbestos-containing materials on a
residential building where you occupy the building and the
building is not for sale or lease, or the building is a farm
outbuilding on your property. If you sell or lease such building
within one year after the asbestos abatement is complete, the
law will presume that you intended to sell or lease the property
at the time the work was done, which is a violation of this
exemption. You may not hire an unlicensed person as your
contractor. Your work must be done according to all local, state
and federal laws and regulations, which apply to asbestos
abatement projects. It is your responsibility to make sure that
people employed by you have licenses required by state law and
by county or municipal licensing ordinances.
105.4 Conditions of the permit.
105.4.1 Permit intent. A permit issued shall be constructed to
be a license to proceed with the work and not as authority to
violate, cancel, alter or set aside any of the provisions of the
technical codes, nor shall issuance of a permit prevent the
building official from thereafter requiring a correction of errors in
plans, construction or violations of this code. Every permit issued
shall become invalid unless the work authorized by such permit
is commenced within 6 months after its issuance, or if the work
authorized by such permit is suspended or abandoned for a
period of six months after the time the work is commenced.
105.4.1.1 If work has commenced and the permit is
revoked, becomes null and void, or expires because of lack
of progress or abandonment, a new permit covering the
22
proposed construction shall be obtained before proceeding
with the work.
105.4.1.2 If a new permit is not obtained within 180 days
from the date the initial permit became null and void, the
building official is authorized to require that any work that
has been commenced or completed be removed from the
building site. Alternately, a new permit may be issued on
application, providing the work in place and required to
complete the structure meets all applicable regulations in
effect at the time the initial permit became null and void
and any regulations which may have become effective
between the date of expiration and the date if issuance of
the new permit.
105.4.1.3 Work shall be considered to be in active
progress when the permit has received an approved
inspection within 180 days. This provision shall not be
applicable in case of civil commotion or strike or when the
building work is halted due directly to judicial injunction,
order or similar process. The building official is authorized
to grant, in writing, one or more extensions of time, for
periods not more than 90 days each. The extension shall
be requested in writing and justifiable cause
demonstrated, prior to expiration.
105.4.1.4 The fee for renewal re-issuance of a permit
shall be set forth by the administrative authority.
105.5 Reserved.
105.6 Reserved.
105.7 Placing of permit. The building permit or copy shall be kept
on the site of the work and protected from the weather until the
completion of the project
105.8 Notice of commencement. As per Section 713.135, Florida
Statutes, when any person applies for a building permit, the authority
issuing such permit shall print on the face of each permit card in no
less than 18-point; capitalized, boldfaced type:
"WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
23
IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN
FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT."
105.9 Asbestos. The enforcing agency shall require each building
permit or plan for the demolition or renovation of an existing structure
to contain an asbestos notification statement which indicates the
owner's or operator's responsibility to comply with the provisions of
Section 469.003, Florida Statutes, and to notify the Department of
Environmental Protection of his or her intentions to remove asbestos,
when applicable, in accordance with state and federal law.
105.10 Certificate of protective treatment for prevention of
termites. A weather-resistant job-site posting board shall be provided
to receive duplicate treatment certificates as each required protective
treatment is completed, providing a copy for the person the permit is
issued to and another copy for the building permit files. The treatment
certificate shall provide the product used, identity of the applicator,
time and date of the treatment, site location, area treated, chemical
used, percent concentration and number of gallons used, to establish a
verifiable record of protective treatment. If the soil chemical barrier
method for termite prevention is used, final exterior treatment shall be
completed prior to final building approval.
105.11 Notice of termite protection. A permanent sign which
identifies the termite treatment provider and need for re-inspection
and treatment contract renewal shall be provided. The sign shall be
posted near the water heater or electric panel.
105.12 Work starting before permit issuance.
Upon approval of the building official, the scope of work delineated in
the building permit application and plan may be started prior to the
final approval and issuance of the permit, provided any work
completed is entirely at risk of the permit applicant and the work does
not proceed past the first required inspection.
105.13 Foundation or phased permit approval. After submittal of
the appropriate construction documents, the building official is
authorized to issue a permit for the construction of foundations or any
other part of a building or structure before the construction documents
for the whole building or structure have been submitted. The holder of
such permit for the foundation or other parts of a building or structure
shall proceed at the holder's own risk with the building operation and
without assurance that a permit for the entire structure will be
24
granted. Corrections may be required to meet the requirements of the
technical codes.
105.14 Permit issued on basis of an affidavit.
Whenever a permit is issued in reliance upon an affidavit or whenever
the work to be covered by a permit involves installation under
conditions which, in the opinion of the building official, are hazardous
or complex, the building official shall require that the architect or
engineer who signed the affidavit or prepared the drawings or
computations shall supervise such work. In addition, they shall be
responsible for conformity to the permit, provide copies of inspection
reports as inspections are performed, and upon completion make and
file with the building official written affidavit that the work has been
done in conformity to the reviewed plans and with the structural
provisions of the technical codes. In the event such architect or
engineer is not available, the owner shall employ in his stead a
competent person or agency whose qualifications are reviewed by the
building official. The building official shall ensure that any person
conducting plans review is qualified as a plans examiner under Part XII
of Chapter 468, Florida Statutes, and that any person conducting
inspections is qualified as a building inspector under Part III of Chapter
468, Florida Statutes.
SECTION 106
CONSTRUCTION DOCUMENTS
106.1 Submittal documents. Construction documents, a statement
of special inspections and other data shall be submitted in two or more
sets with each application for a permit. The construction documents
shall be prepared by a design professional where required by the
statutes. Where special conditions exist, the building official is
authorized to require additional construction documents to be
prepared by a design professional.
Exception: The building official is authorized to waive the
submission of construction documents and other data not
required to be prepared by a registered design professional if
it is found that the nature of the work applied for is such that
review of construction documents is not necessary to obtain
compliance with this code.
If the design professional is an architect or engineer legally
registered under the laws of this state regulating the practice of
architecture as provided for in Chapter 481, Florida Statutes,
25
Part I, or engineering as provided for in Chapter 471, Florida
Statutes, then he or she shall affix
his or her official seal, signature and date to said drawings,
specifications and accompanying data, as required by Florida
Statute. If the design professional is a landscape architect
registered under the laws of this state regulating the practice of
landscape architecture as provided for in Chapter 481, Florida
Statutes, Part II, then he or she shall affix his or her seal,
signature and date to said drawings, specifications and
accompanying data as defined in Section
481.303(6)(a)(b)(c)(d), FS.
106.1.1 Information on construction documents.
Construction documents shall be dimensioned and drawn
upon suitable material. Electronic media documents are
allowed to be submitted when approved by the building
official. Construction documents shall be of sufficient
clarity to indicate the location, nature and extent of the
work proposed and show in detail that it will conform to
the provisions of this code and relevant laws, ordinances,
rules and regulations, as determined by the building official
(see also Section 106.3.5).
106.1.1.1 Fire protection system shop
drawings. Shop drawings for the fire protection
system(s) shall be submitted to indicate
conformance with this code and the construction
documents shall be approved prior to the start of
system installation. Shop drawings shall contain all
information as required by the referenced installation
standards in Chapter 9 of the Florida Building Code.
106.1.1.2 For roof assemblies required by the code,
the construction documents shall illustrate, describe,
and delineate the type of roofing system, materials,
fastening requirements, flashing requirements and
wind resistance rating that are required to be
installed. Product evaluation and installation shall
indicate compliance with the wind criteria required
for the specific site or a statement by an architect or
engineer for the specific site must be submitted with
the construction documents.
26
106.1.2 Additional data. The building official may
require details, computations, stress diagrams, and other
data necessary to describe the construction or installation
and the basis of calculations. All drawings, specifications
and accompanying data required by the building official to
be prepared by an architect or engineer shall be affixed
with their official seal, signature and date as state law
requires.
106.1.3 Reserved.
106.2 Reserved.
106.3 Examination of documents. The building official shall
examine or cause to be examined the accompanying construction
documents and shall ascertain by such examinations whether
the construction indicated and described is in accordance with the
requirements of this code and other pertinent laws or ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(3),
Florida Statutes, and state-approved manufactured buildings are
exempt from local codes enforcing agency plan reviews except
for provisions of the code relating to erection, assembly or
construction at the site. Erection, assembly and construction at
the site are subject to local permitting and inspections.
2. Industrial construction on sites where design, construction
and fire safety are supervised by appropriate design and
inspection professionals and which contain adequate in-house
fire departments and rescue squads is exempt, subject to local
government option, from review of plans and inspections,
providing owners certify that applicable codes and standards
have been met and supply appropriate approved drawings to
local building and fire-safety inspectors.
106.3.1 Approval of construction documents. When the
building official issues a permit, the construction documents shall
be approved, in writing or by stamp, as "Reviewed for Code
Compliance." One set of construction documents so reviewed
shall be retained by the building official. The other set shall be
returned to the aoolicant. shall he keot at the site of work and
I I I ~ - - I
shall be open to inspection by the building official or a duly
authorized representative.
27
106.3.2 Previous approvals. This code shall not require
changes in the construction documents, construction or
designated occupancy of a structure for which a lawful permit
has been heretofore issued or otherwise lawfully authorized, and
the construction of which has been pursued in good faith within
180 days after the effective date of this code and has not been
abandoned.
106.3.3 Product approvals. Those products which are
regulated by DCA Rule 9B-72 shall be reviewed and approved in
writing by the designer of record prior to submittal for
jurisdictional approval.
106.3.4 Reserved.
106.3.4.1 Reserved.
106.3.4.2 Reserved.
106.3.4.3 Certifications by contractors authorized under
the provisions of Section 489.115(4)(b), Florida Statutes,
shall be considered equivalent to sealed plans and
specifications by a person licensed under Chapter 471,
Florida Statutes, or Chapter 481 Florida Statutes, by local
enforcement agencies for plans review for permitting
purposes relating to compliance with the wind-resistance
provisions of the code or alternate methodologies
approved by the Florida Building Commission for one- and
two-family dwellings. Local enforcement agencies may rely
upon such certification by contractors that the plans and
specifications submitted conform to the requirements of
the code for wind resistance. Upon good cause shown,
local government code enforcement agencies may accept
or reject plans sealed by persons licensed under Chapters
471,481 or 489, Florida Statutes.
106.3.5 Minimum plan review criteria for buildings. The
examination of the documents by the building official shall
include the following minimum criteria and documents: a floor
plan; site plan; foundation plan; floor/roof framing plan or truss
layout; and all exterior elevations:
Commercial Buildings:
28
Building
1. Site requirements:
Pa rki ng
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator
valve (PIV)
Set back/separation (assumed property
lines)
Location of specific tanks, water lines and
sewer lines
2. Occupancy group and special occupancy
requirements shall be determined.
3. Minimum type of construction shall be
determined (see Table 503).
4. Fire-resistant construction requirements
shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of
construction
Protection of openings and penetrations of
rated walls
Fire blocking and draft stopping and
calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
6. Life safety systems shall be determined and
shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall
include:
Occuoancv load: Gross. Net
., .
Means of egress
Exit access
Exit
29
Exit discharge
Stairs construction/geometry and
protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a
minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
Insulation
10.Accessibility requirements shall include the
following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
30
l1.Interior requirements shall include the
following:
Interior finishes (flame spread/smoke
development)
Light and ventilation
Sanitation
12.Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
Spas
Wading pools
Plans shall detail compliance with Section
424 of the Florida Building Code and
Department of Health requirements.
Proper site plan is also required.
Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
G FCls
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
Plumbing
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back-flow prevention
31
9. Irrigation
lO.Location of water supply line
l1.Grease traps
12.Environmental requirements
13.Plumbing riser
Mechanical
1. Energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
lO.Chimneys, fireplaces and vents
ll.Appliances
12.Boilers
13. Refrigeration
14. Bathroom ventilation
lS.Laboratory
Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
Demolition
1. Asbestos removal
Residential (one- and two-family)
1. Site requirements
Set back/separation (assumed property
lines)
32
Location of septic tanks
2. Fire-resistant construction (if required)
3. Smoke detector locations
4. Egress:
Egress window - size and location
Stairs - construction requirements
5. Structural requirements shall include:
Wall section from foundation through
roof, including:
Assembly and materials connector tables
Wind requirements
Structural calculations (if required)
6. Accessibility requirements:
Show/identify accessible bath
7. Electrical:
Electric service riser
Wire sizes
Grounding detail
Complete load calculations
Panel schedules
Service equipment
Panel locations
8. Mechanical:
Energy calculations
Exhaust systems
Equipment specs and location
Duct systems
Ventilation
Chimneys, fireplaces and vents
Appliances
9. Plumbing:
Water supply piping
Sanitary drainage
Water heaters
Vents
Roof drainage
Back flow prevention
Location of water supply line
Environmental requirements
Plumbing riser
10. Gas:
Gas piping
Venting
Chimneys
33
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagram/shut-offs
11. Engineering:
Storm water drainage system and other
requirements of the Engineering Division.
12. Swimming pools:
Barrier requirements
Spas
Wading pools
Exemptions. Plans examination by the building official shall not
be required for the following work:
1. Replacing existing equipment such as
mechanical units, water heaters, etc.
2. Reserved
3. Minor electrical, plumbing and mechanical
repairs
4. Annual maintenance permits
5. Prototype plans - Except for local site
adaptations, siding, foundations and/or
modifications Except for structures that require
waiver.
6. Manufactured buildings plans except for
foundations and modifications of buildings
which are constructed on site.
106.4 Amended construction documents. Work shall be installed
in accordance with the reviewed construction documents, and any
changes made during construction that are not in compliance with the
reviewed construction documents shall be resubmitted for review as an
amended set of construction documents.
106.5 Retention of construction documents. One set of approved
construction documents shall be retained by the building official for a
period of not less than 180 days from the date of completion of the
permitted work or as required by Florida Statutes.
106.6 Affidavits.
The building official may accept a sworn affidavit from a registered
architect or engineer stating that the plans submitted conform to the
technical codes. For buildings and structures, the affidavit shall state
34
that the plans conform to the laws as to egress, type of construction
and general arrangement and, if accompanied by drawings, show the
structural design and that the plans and design conform to the
requirements of the technical codes as to strength, stresses, strains,
loads and stability. The building official may without any examination
or inspection accept such affidavit, provided the architect or engineer
who made such affidavit agrees to submit to the building official copies
of inspection reports as inspections are performed and upon
completion of the structure, electrical, gas, mechanical or plumbing
systems a certification that the structure, electrical, gas, mechanical or
plumbing system has been erected in accordance with the
requirements of the technical codes. Where the building official relies
upon such affidavit, the architect or engineer shall assume full
responsibility for compliance with all provisions of the technical codes
and other pertinent laws or ordinances. The building official shall
ensure that any person conducting plans review is qualified as a plans
examiner under Part XII of Chapter 468, Florida Statutes, and that any
person conducting inspections is qualified as a building inspector under
Part XII of Chapter 468, Florida Statutes.
SECTION 107
TEMPORARY STRUCTURES AND USES
107.1 General. The building official is authorized to issue a permit for
temporary structures and temporary uses. Such permits shall be
limited as to time of service, but shall not be permitted for more than
180 days. The building official is authorized to grant extensions for
demonstrated cause.
107.2 Conformance. Temporary structures and uses shall conform to
the structural strength, fire safety, means of egress, accessibility,
light, ventilation and sanitary requirements of this code as necessary
to ensure the public health, safety and general welfare.
107.3 Temporary power. The building official is authorized to give
permission to temporarily supply and use power in part of an electric
installation before such installation has been fully completed and the
final certificate of completion has been issued. The part covered by the
tomnnr:::>r\l rortifir:::>to ch:::>11 rnmnl\l \^fith tho "'0'" Ii,..omonrC' C'r\orifior! f",..
\........IIIt-'VIVlI T ""''-1\..111\"..0...... '- -,'I\,..A11 \,.,oVlllt-"IY VVI'-II '-11'- I '-'"1U11 \.....II\."..II\......> ..JI-''-,"-"III'-U IVI
temporary lighting, heat or power in Chapter 27 of the Florida Building
Code, Building.
35
107.4 Termination of approval. The building official is authorized to
terminate such permit for a temporary structure or use and to order
the temporary structure or use to be discontinued.
SECTION 108
FEES
108.1 Prescribed fees. A permit shall not be issued until fees
authorized under Section 553.80, Florida Statutes, have been paid.
Nor shall an amendment (revision) to a permit be released until the
additional permit fee, due to an increase in the estimated cost of the
building, structure, electrical, plumbing, mechanical or gas system,
has been paid.
108.2 Schedule of permit fees. On buildings, structures, electrical,
gas, mechanical, and plumbing systems or alterations requiring a fee
for each permit and, where applicable, other fees, shall be paid as
required, in accordance with the fee schedule as established by the
applicable governing authority.
108.3 Other fees. A permit shall not be issued until all other fees
associated with said permit are paid. Other fees may include additional
fees, penalty fees, water and sewer capital facility fees, City Park &
Recreation fees, Fire Department fees, Palm Beach County Impact fees
and State of Florida fees. Water and sewer facility fees are established
in Chapter 26 of the City of Boynton Beach Code of Ordinances. The
Fire Department fees are established in Chapter 9 of the City of
Boynton Beach Code of Ordinances. The city may elect to collect Palm
Beach County Impact fees that include fees for Roads, Public Buildings,
Schools and Parks. The city collects State of Florida surcharge fees for
the Radon Trust Fund (Radon) and Building Code Administrators and
Inspectors Fund (BCAIF). When applicable, the administrative portion
of the Art In Public Places fee (300/0 of the total Art fee) is due prior to
permit issuance.
108.3.1 Building permit valuation. If, in the opinion of the building
official, the claimed valuation of building, alteration, structure,
electrical, gas, mechanical or plumbing systems appears to be
undprpstimatprf on thp ;:lnnlir;:ltion the normit shall ho nonien Ilnloss
- - .. " ...-- II "" ,'- -t-'t-'.,,,,,,'-'I I I, \,01 I 1"-"'-'. II"'" II I 1.,,1"'" "'-"1'-1" lwAI ...... '-'
the applicant can show detailed estimates, and/or bona fide signed
contracts (excluding land value) to meet the approval of the building
official. For permitting purposes, valuation of buildings and systems
36
shall be total replacement value to include structural, electric,
plumbing, mechanical, interior finish, normal building related site work
(excavation and backfill for buildings), architectural and design fees,
marketing costs, overhead and profit; excluding only land value.
Valuation references may include the latest published data of
nationally recognized construction cost analysis services (Means, etc.).
108.4 Plan filing fee. A plan-filing fee shall be paid at the time of
filing a permit application. The plan-filing fee is part of the permit fee
and is deducted from the total amount of the permit fee. The plan-
filing fee is 30 % of the total permit fee. The plan-filing fee is non-
refundable.
108.5 Work commencing before permit issuance. Any person
who commences any work on a building, structure, electrical, gas,
mechanical or plumbing system that requires a permit before obtaining
the necessary permit(s) without prior approval from the building
official shall be subject to a penalty of four times the permit fee that is
required for the work. The building official shall have the authority to
waive the penalty fee upon written appeal from the applicant.
108.6 Contractors
108.6.1 Contractor's responsibilities. It shall be the duty of
every contractor who shall make contract for the installation or
repairs of a building, structure, electrical, gas, mechanical or
plumbing system, for which a permit is required to comply with
state, county or local rules and regulations concerning licensing
and inspections which the applicable governing authority may
have adopted.
108.6.2 Residential owner/builder exemption
responsibilities. Pursuant to provisions of Chapter 489.103 and
489.503, Florida Statutes, an owner may make application for
permit and must provide direct on site supervision with the
construction, maintenance, alterations, or repairs of a one or
two-family residence for his/her OWN USE AND OCCUPANCY
and not intended for sale. The construction of more than one
residence by an individual owner in any 12-month period shall
be construed as contracting and, such owner shall then be
required to be licensed as a contractor
108.6.3 Non-residential owner/builder exemption
responsibilities. An owner of any building may make
37
application for a building permit for work in a building that is for
his/her OWN USE AND OCCUPANCY, and wherein the work
does not exceed a maximum of $25,000 within any 12-month
period.
SECTION 109
INSPECTIONS
109.1 General. Construction or work for which a permit is required
shall be subject to inspection by the building official and such
construction or work shall remain accessible and exposed for
inspection purposes until approved. Approval as a result of an
inspection shall not be construed to be an approval of a violation of the
provisions of this code or of other ordinances of the jurisdiction.
Inspections presuming to give authority to violate or cancel the
provisions of this code or of other ordinances of the jurisdiction shall
not be valid. It shall be the duty of the permit applicant to cause the
work to remain accessible and exposed for inspection purposes.
Neither the building official nor the jurisdiction shall be liable for
expense entailed in the removal or replacement of any material
required to allow inspection.
109.2 Preliminary inspection. Before issuing a permit, the building
official is authorized to examine or cause to be examined buildings,
structures and sites for which an application has been filed.
109.3 Required inspections. The building official upon notification
from the permit holder or his or her agent shall make the following
inspections, and shall either release that portion of the construction or
shall notify the permit holder or his or her agent of any violations
which must be corrected in order to comply with the technical codes.
The building official shall determine the timing and sequencing of when
inspections occur and what elements are inspected at each inspection.
Building
1. foundation inspection. To be made after trenches are
excavated and forms erected and shall at a minimum
include the following building components:
-Stem-wall
-Monolithic slab-on-grade
-Piling/pile caps
- footers/grade beams
2. framing inspections. To be made after the roof, all
framing, fire blocking and bracing is in place, all concealing
38
wiring, all pipes, chimneys, ducts and vents are complete
and shall at a minimum include the following building
components:
-Window/door framing
-Vertical cells/columns
-Lintel/tie beams
- Framing/trusses/bracing/connectors
-Draft stopping/fire blocking
-Curtain wall framing
- Energy insulation
-Accessibility.
-Drywall
-Verify rough opening dimensions are within
tolerances
3. Sheathing inspections. To be made either as part of a
dry-in inspection or done separately at the request of the
contractor after all roof and wall sheathing and fasteners
are complete and shall at a minimum include the following
building components:
-Roof sheathing
-Wall sheathing
-Sheathing fasteners
-Roof/wall dry-in
-Gypsum board, as required
4. Roofing inspections. Shall at a minimum include the
following building components:
- Dry - i n
-Insulation
-Roof coverings (including In Progress)
- Flashing
5. Final inspection. To be made after the building is
completed and ready for occupancy.
6. Swimming pool inspection. First inspection to be made
after excavation and installation of reinforcing steel,
bonding and main drain and prior to placing of concrete or
fiberglass pool body.
Final inspection to be made when the swimming pool is
complete and all required enclosure requirements are in
place.
In order to pass a final inspection and receive a certificate
of completion; a residential swimming pool must meet the
requirements relating to pool safety features as described
in Section 424.2.17.
39
the order, and the conditions under which the cited work will be
permitted to resume.
114.3 Unlawful continuance.
Any person who shall continue any work after having been served with
a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
SECTION 115
Reserved
52
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORI\'1
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 December 16, 2008 December 1,2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2, 2009 (Noon)
i:8J February 3, 2009 January 19,2009 (Noon) o April 7,2009 March 16,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements I2SI Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Review policy direction to City staff for City Hall Site from December 16,2008 meeting.
EXPLANATION: The Vice-Mayor requested that policy direction to staff for discussions with a developer over possible
adaptive reuse of the City Hall site be discussed at the February 3, 2009 City Commission meeting. Excerpts of the December
16,2008 City Commission Minutes (pages 17-18) are attached. Staff has been proceeding on review of a proposal to house
the police department and city operations in an office building as part ofa proposal from a developer to convert the City Hall
site into a mixed use development. The staff report on this topic is scheduled for the February 17,2009 City Commission
meeting. The report is not complete.
PROGRAM IMPACT: - None
FISCAL IMP ACT: - None
ALTERNATIVES: Information and discussion.
Department Head's Signature ity Manager's Signature
Assistant to City Manager W/
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Meeting Minutes
Regular City Commission
Boynton Beach, FL December 16, 2008
IX.A. Consider options on disposal of the 1927 Old High School - (Tabled on
December 2, 2008)
(This item was moved on the agenda by previous motion.)
Mr. Bressner and the City Attorney had prepared a report and reviewed the 13 disposal or use
options for the Old High School. The procedure for conveyance of the property was established
in the Code. Sale of the property would require a 4/Sth vote. Leasing was also a possibility.
The ultimate fate of the Old High School remains the issue. If a private developer is the choice,
the strategies necessary to facilitate any development will be required whether the final use is a
private or public benefit. The price of refurbishment increases annually. The dollars spent for
similar projects in the area have had more of an emphasis on expending public funds rather
than private funds. The City does not have the resources to refurbish the building at this time.
Mr. Bressner suggested an option may be to have a referendum vote from the public on a
general obligation bond issue. The cost for an election was discussed.
Mayor Taylor revealed he had discussions with a developer and Mr. Bressner about a lucrative
offer for a new City Hall and trading properties. The site of the Old High School could possibly
be involved. He suggested a delay on a decision until February, so the proposal could be
further explored.
Vice Mayor Rodriguez recalled the Commission had decided to postpone going out for a Request
for Proposals on any downtown master plan development. Mayor Taylor contended it was an
option that should at least be considered. Commissioner Hay agreed with the Mayor's
suggestion. Vice Mayor Rodriguez also agreed, but requested if discussions broke down, the
Old High School decision be brought before the Commission as soon as possible.
Brian Edwards, 629 NE 9th Avenue, alleged the delay was a diversion on making a decision.
The area buildings that have been restored are incredible and draw crowds. The discussion
should be on how to make the Old High School a thriving attraction. A new development
surrounding the Children's Museum would be inappropriate. Refurbishment of the Old High
School would compliment the Museum. A creative solution for funding the restoration should
be discussed rather than building a metropolis around a tiny Museum. Mr. Edwards stressed a
definitive decision needed to be made on the fate of the Old High School.
Commissioner Hay wanted it known that he favored saving the Old High School. He viewed the
delay as lengthening the life of the building. He pointed out funds can be derived from
memberships, fundraising, sponsorships, state and county grants, endowment income, rental
income, ticket income and other sources. Any discussions with a developer should be an
attempt to initiate a feasible plan for developing funding sources.
Motion
Vice Mayor Rodriguez moved that discussions of the Mayor and City Manager be focused on the
intention of saving the Old High School and be a primary discussion point around any land swap
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL December 16, 2008
deal or redevelopment effort. Commissioner Hay seconded the motion. The motion passed 4-
1. (Mayor Taylor dissenting.)
Mayor Taylor maintained that the Old High School was not worth saving for $8 million and a
catalyst for the City could be built at the site for much less. Taxpayers are still subsidizing
restoration projects in other cities and they remain a drain on those communities. The Old High
School building is totally deteriorated inside and would have to be completely rebuilt inside with
only the outside shell remaining.
Vice Mayor Rodriguez reiterated the intent of his motion was to use the Old High School as an
incentive in return for the new project and incorporate the Old High School into any
development decisions being made.
Mayor Taylor stressed the discussion thus far involved the site of the current City Hall only. He
had suggested offering more land to make the deal even better. However, he would not
include the Old High School site based on the decision of the Commission.
Commissioner Weiland had supported saving the Old High School, but did not feel it would
come to fruition. He agreed with letting the voters decide on a referendum issue.
Herb Suss, 1711 Woodfern Drive, echoed Mr. Edward's remarks. A referendum vote would
allow the citizens to have a voice in the decision. If an alternative can be found in the interim,
the Old High School would have had two options for survival.
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Remove the contingency of receiving a match to the City's Neighborhood
Stabilization Program (NSP) funds within six months for the Ocean Breeze West
project.
Mayor Taylor reported he had a met with Lisa Bright, Community Redevelopment Executive
Director and Addie Green, County Commissioner, stressing the need for the matching funds to
commence the Ocean Breeze West project for construction of 38 single family homes. Ms.
Green was very positive, but could make no guarantees. Vice Mayor Rodriguez was
encouraged, but felt a time limit of eighteen months should be included.
(Commissioner Weiland left the dais.)
18
XIII-UNFINISHED BUSINESS
ITEM B.
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 December 16, 2008 December 1,2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) o March 17.2009 March 2, 2009 (Noon)
i:8J February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
D Code Compliance & Legal Settlements ~ Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion and possible action item requested by a member of the City
Commission regarding provision of Master Development Agreement which requires third party verification,
EXPLANATION: There is currently pending a Master Development Agreement between the City, CRA and
Auburn Development Group. The CRA has recently directed its Executive Director to obtain independent financial
verification of Auburn's and the CRA's ability to enter into the agreement. (See attached CRA Meeting minutes of
January 20, 2009, Pages 2, 3 & 4). Language would be added to the Development Agreement and City approval
would be required.
PROGRAM IMPACT: NjA
FISCAL IMPACT: NjA
ALTERNATIVES:
Department Head's Signature Manager's Signature
Assistant to City Manager ~
Department Name City Attorney j Finance
s:\CC\WP\CCAGENDA\Agenda Request Memos\2009\Agenda Item Request for Tri-Party Agreement among Auburn, CRA & City.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
-
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL January 20, 2009
IV. Consideration of Master Development Agreement with Auburn Group
Attorney Cherof advised representatives from the Auburn Group were not present.
A review of the documentation that had been provided was given by Attorney Cherof
noting that the documents would have to be viewed in tandem. Chair Taylor indicated
he wanted to have input from the City Manager, Executive Director of the Community
Redevelopment Agency, Board members and any public input. Mr. Weiland suggested
the City Manager be heard first.
Kurt Bressner, City Manager, had six major points with the agreement.
1) Phase IV Density - The agreement sets forth levels of density, building heights
and number of units. The Heart of Boynton Redevelopment Plan will have to be
modified, including land use modifications, with public discussion and input. The
agreement has to be totally subordinate to the legislative discretion of the City
Commission to approve any changes to the Redevelopment Plan.
2.) Phased Development -- There needed to be some type of assurance that any
financial incentives due to the Community Redevelopment Agency, in conjunction with
Phase II before the completion of Phase I, could be accommodated by the Community
Redevelopment Agency budget out of sequence. Any change in the development
sequence must give the Community Redevelopment Agency some fiexibility for
payments.
3.) Community Redevelopment Agency and City Land -- Parcels on the south side of
Martin Luther King Boulevard, adjacent to the market area, were conveyed to the City
by the County with deed restrictions. There is a reverter clause that the parcels must
be replaced as open space or payment made to the County. In order to provide
marketable titles to the parcels, the property would have to be swapped or otherwise
accommodated with the County and not readily available to Auburn on a conveyance.
Mr. Rodriguez confirmed there was another provision in the agreement that allowed for
the boundaries to be changed if the parcels were not available. Mr. Bressner cautioned
the parcels in question were located in the middle of Phase I.
4.) Change in Business Terms -- The trigger to reduce the Community
Redevelopment Agency contribution would be a reduction in units.
5.) Senior Center - The developer's previous commitment to maintain and operate a
senior center in the Heart of Boynton for 50 years had been struck from the proposed
agreement and should be clarified.
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Community Redevelopment Agency Board
Boynton Beach, FL January 20, 2009
6.) Timeline for Community Redevelopment Agency financial review - Only 15 days
had been allotted for the Community Redevelopment Agency to submit their review of
the financial report and add any comments. It would not be sufficient time for public
meetings and review. Mr. Bressner also questioned if the same accounting firm would
be used for both the Auburn review and financial ability of the Community
Redevelopment Agency to meet its obligations. He felt the ultimate determination
should be a policy decision of the Board.
Vice Chair Rodriguez questioned the intent of the 30 day period, whether to complete
the review or contract for the review. Attorney Cherof agreed the language was open
for interpretation, but he felt "obtain" meant to have the completed report.
Mr. Weiland questioned the ability of the Board to move forward without Auburn
representatives present. There were many changes required, but without Auburn
present, progress could not be made. Attorney Cherof agreed it was a complex contract
with many diverse points and views. He suggested a special meeting be set with
negotiation of the terms and redrafting of the agreement, ending in a complete and
final contract.
Mr. Hay expressed concern with the constant changes and was not in favor of any
agreement until all the questions were answered. Vice Chair Rodriguez and Mr.
Weiland concurred that the understanding was the agreement was to be finalized and
not more changes. Mr. Hay would not agree to anything until a third party financial
analysis was reviewed. Chair Taylor agreed and noted Auburn had reserved the right to
make further changes also.
Ms. Ross indicated she was looking for some third party verification before any
agreement could be made. She could not support the current document or the four
phases. The residents, including those in surrounding areas, have valid questions and
complaints regarding the proposed development plan. Their feedback needed to be
I considered. Mr. Hay wanted the developer to meet with the various neighborhood
associations and residents and requested to be present at those meetings.
Ms. Ross was concerned about the encumbering of $23.5 million of the Community
Redevelopment Agency funds and its impact on the future of the Agency. Mr. Weiland
pointed out the sum is dispersed over 12 years based on the progress of the project.
Vice Chair Rodriguez stressed the future of the Community Redevelopment Agency was
irrelevant in the project. The Agency was developed to eliminate blight and slum and
the monies should accomplish that goal. Chair Taylor disagreed and contended the
$23.5 million encumbrances would disable the Community Redevelopment Agency to
work on other projects. Mr. Weiland commended the Community Redevelopment
Agency for the many projects that had been accomplished. The Heart of Boynton
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL January 20, 2009
project had been discussed for many years and a commitment to move forward had to
be made. Chair Taylor added the project may not happen with this developer. Mr. Hay
commented the project could not be undertaken blindly.
Chair Taylor suggested a motion be made to table the issue and a meeting scheduled
with Auburn and Community Redevelopment Agency Board.
Motion
Mr. Hay, so moved. Vice Chair Rodriguez seconded the motion.
Ms. Bright requested direction on the third party verification. There was consensus of
three board members; however, the timing was unclear. She had been searching for
an avenue to piggyback an existing contract for the verification and analysis. In the
alternative an RFP would be necessary.
Chair Taylor confirmed that there was total consensus that the agreement with Auburn
would not be finalized until the third party analysis was received and reviewed.
Ms. Bright also requested clarification or a motion regarding the expectation of holding
more public meetings. Mr. Hay explained his intent was, before the document is
signed, input from the community was needed. Mr. Weiland commented if a piggyback
could not be found, the process would take four to six months. Ms. Bright indicated if
an amendment to the Heart of Boynton Plan and Federal Highway Corridor Plan would
be sought; the City and Community Redevelopment Agency would b~ required to
participate in any public meetings to be in compliance with State statutes.
Chair, Taylor declared there was consensus to coordinate any meetings with all parties.
Vice Chair Rodriguez understood there was a timeline for funding that could be missed.
Ms. Bright advised a grocery store had to be built by the spring of 2010 to meet the
basic requirements of the Florida Housing Finance Tax Credit Program. If built, it would
allow Auburn to compete in the next cycle for funding in 2010.
Vote
The motion passed unanimously to table.
V. Consideration of Subordination Agreement with 3675 Acquisition, LLC
Attorney Cherof explained the subordination agreement with 3675 Acquisition, LLC
involved the right of first refusal to purchase the property that used to be the former
adult entertainment establishment. In conjunction with an attempt to sell the property,
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