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06-24-2021 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JUNE 24, 2021 501 U.S. HIGHWAY 1 7:00 PM Darryl C. Aubrey Deborah Searcy Mark Mullinix Susan Bickel David B. Norris Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/82528614914?pwd=SGtjNlVkUGNQRjRxSE52bzJ2TjVDdz09 Meeting ID: 825 2861 4914 Passcode: 450549 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 825 2861 4914 Passcode: 450549 Public Comments: Public comments can be submitted by filling out the public comment form that can be accessed by clicking the following link Public Comment Form. Public comments can also be made by leaving a voice message at 561-904-2126. All public comments will be read into the record at the Public Comment portion of the meeting. Regular Session Agenda, June 24, 2021 Page 2 of 3 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held June 10, 2021 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 2. 1ST READING OF ORDINANCE 2021-08 – CODE AMENDMENT – GENERAL FUND BUDGET AMENDMENT FY 2021 CAPITAL LEASES Amending the adopted General Fund Budget for Fiscal Year 2021 to classify the total amount financed for Village vehicles as Capital Outlay; and authorizing execution of the Amendment. 3. 1ST READING OF ORDINANCE 2021-09 – CODE AMENDMENT – STORMWATER MANAGEMENT UTILITY Amending the Village Code of Ordinances by adopting a new Chapter 30, "Stormwater Management Utility;" creating a Stormwater Management Utility and Stormwater Management Utility Fund; providing for adoption of Stormwater Utility Assessments by Resolution. CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 4. RESOLUTION – Approving an Interlocal Agreement with Palm Beach County for the use of Grant Funds for Emergency Medical Services Equipment to purchase an Ambulance Air Purification System at a total cost of $763.00; and authorizing the execution of the Agreement. 5. RESOLUTION – Approving a First Amendment to an Agreement with NZ Consultants, Inc for Current and Long-Range Planning and Zoning Services at a total compensation not to exceed $50,000; and authorizing execution of the First Amendment. 6. RESOLUTION – Recognizing the growing problem of antisemitism in America, adopting the International Holocaust Remembrance Alliance Working Definition of Antisemitism as an educational tool and denouncing hate crimes against Jews and antisemitism in all its forms. 7. Receive for file Minutes of the Environmental Committee meeting held 5/3/21. 8. Receive for file Minutes of the Planning Commission meeting held 5/4/21. 9. Receive for file Minutes of the Audit Committee meeting held 6/3/21. Regular Session Agenda, June 24, 2021 Page 3 of 3 OTHER VILLAGE BUSINESS MATTERS 10. RESOLUTION – STORMWATER PIPE REHABILITATION CONTRACT Consider a motion to adopt a resolution approving a Contract with Insituform Technologies, LLC for Stormwater Pipe Rehabilitation at four locations within the Village at a total cost not to exceed $99,406.20; and authorizing execution of the Contract. 11. RESOLUTION – OVERHEAD UTILITY UNDERGROUND PROJECT MANAGEMENT AND ENGINEERING CONSULTING SERVICES CONTRACT Consider a motion to adopt a resolution approving a Consulting Services Contract for Overhead Utility Underground Project Management and Engineering Consulting Services with Kimley-Horn and Associates, Inc. at a total cost not to exceed $133,451; and authorizing execution of the Contract. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS 12. Motion – Designating a voting delegate for the Florida League of Cities Conference VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 10, 2021 Present: Darryl C. Aubrey, Sc.D., Mayor Mark Mullinix, President Pro Tem David B. Norris, Councilmember Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Deborah Searcy, Vice Mayor ROLL CALL Mayor Aubrey called the meeting to order at 7:30 p.m. All members of Council were present except for Vice Mayor Searcy who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Aubrey gave the invocation and President Pro Tem Mullinix led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held May 27, 2021 were approved as written. STATEMENTS FROM THE PUBLIC Mary Romero, 828 Buttonwood Road, asked for the status of the NET Team and expressed concern that the meetings had ceased and there was no longer any direction for the team. Ms. Romero stated that she was a former employee and discussed and explained incidents with Mr. Lukasik that caused her resignation. Ms. Romero expressed her concerns regarding Mr. Lukasik’s management of Village employees. Greg Hoynack, 517 Lighthouse Drive, expressed his concerns regarding Airbnb’s in the Village. Mr. Hoynack described a recent incident that took place at an Airbnb in his neighborhood and stated that those types of short term rentals were not good for the Village. John Samadi, 512 Marlin Road, expressed his concerns regarding Airbnb’s in the Village. Mr. Samadi described a recent incident that took place at an Airbnb on Lighthouse Drive and stated that the Village needed to take a more proactive approach in code enforcement. Lisa Interlandi, 150 S. Anchorage Drive, discussed and explained the issues with blue green algae in canals within Palm Beach County. Ms. Interlandi stated that the Army Corps of Engineers were modifying the management schedule for Lake Okeechobee within the next two months. Ms. Interlandi stated that the Environmental Committee was seeking support and drafting a letter to the Army Corps to make sure that the plan that they select protects and benefits the Village’s waterways and lagoons instead of causing more water from Lake Okeechobee coming in. Draft Minutes of the Village Council Regular Session held June 10, 2021 Page 2 of 5 MOTION - DIMENSIONAL EXCEPTION APPLICATION FOR 417 GULL COURT Principal Planner Alex Ahrenholz explained and described the applicant’s recreational vehicle location, its dimensions and the dimensions of the property. Mr. Ahrenholz showed pictures of the recreational vehicle, its screening and its location. Mr. Ahrenholz stated that staff was recommending approval of the dimensional exception request with the condition that if any trees or shrubs on the applicant’s property that are currently providing screening are removed, they shall be replaced on the applicant’s property or the neighboring property within six months of their removal. Mayor Aubrey opened the public hearing on the Dimensional Exception Application for 417 Gull Court. John Samadi, 512 Marlin Road, expressed his concerns with the current boat and recreational vehicle ordinance and the enforcement of the ordinance. There being no further comments from the public, Mayor Aubrey closed the public hearing. Mayor Aubrey addressed Mr. Samadi’s comment and explained the current boat and recreational vehicle ordinance and stated that the Village was making an effort to have boats and recreational vehicles that exceed the maximum height and length limits to be properly screened. A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to approve the Dimensional Exception Application for 417 Gull Court subject to the condition recommended by staff. Thereafter, the motion was approved unanimously. MOTION - DIMENSIONAL EXCEPTION APPLICATION FOR 901 SHORE DRIVE Principal Planner Alex Ahrenholz explained and described the applicant’s recreational vehicle location, its dimensions and the dimensions of the property. Mr. Ahrenholz showed pictures of the recreational vehicle, its screening and its location. Mr. Ahrenholz stated that staff initially recommended approval but was now recommending denial of the dimensional exception due to the impacts of natural light to the adjacent property. Mayor Aubrey opened the public hearing on the Dimensional Exception Application for 901 Shore Drive. Dan Haid, 705 Pelican Way, stated that he lived on the property adjacent to 901 Shore Drive. Mr. Haid stated that he was responsible for planting the screening on his property to screen the recreational vehicle on the neighboring property. Mr. Haid expressed concern over a recreational owner relying on the neighboring property to provide screening. Mr. Haid asked Council to deny the Dimensional Exception Application for 901 Shore Drive. There being no further comments from the public, Mayor Aubrey closed the public hearing. A motion was made by Councilmember Bickel and seconded by Councilmember Norris to deny the Dimensional Exception Application for 901 Shore Drive. Thereafter, the motion was approved unanimously. Draft Minutes of the Village Council Regular Session held June 10, 2021 Page 3 of 5 ORDINANCE 2021-07 CODE AMENDMENT – BALLOONS AND SKY LANTERNS A motion was made by Councilmember Bickel and seconded by Councilmember Norris to adopt and enact on second reading Ordinance 2021-07 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF CHAPTER 19, “OFFENSES AND MISCELLANEOUS PROVISIONS,” OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 19-3, “BALLOONS AND SKY LANTERNS;” PROVIDING FOR DEFINITIONS, PROHIBITIONS, EXEMPTIONS AND ENFORCEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the reason for the ordinance and stated that the Environmental Committee was recommending its adoption. Mr. Lukasik explained that the release of balloons and sky lanterns poses a threat to marine and wildlife when ingested. The ordinance would regulate the display, use or release of balloons and sky lanterns within the Village’s public parks and beaches. Mayor Aubrey opened the public hearing on the Balloons and Sky Lanterns ordinance. Karen Marcus, 920 Evergreen Drive, thanked Council for their support of the Ordinance and recommended its final adoption. Ms. Marcus stated that Palm Beach County had extended their balloon ban for the entire coast of the county and every Palm Beach County water front park now has a balloon ban. Guillermo Asla, 1901 Military Trail, expressed the balloon industries concerns about the proposed ordinance that would regulate balloons and sky lanterns within the Village. Mr. Asla recommended revising the ordinance to allow weighted balloon displays and require that balloons have proper weights included. Mayor Aubrey read into the record a public comment received from Lorna O’Hara, 160 West State Street, Trenton, New Jersey. In her comment, Ms. O’Hara gave a brief description and history of The Balloon Council (TBC) and on their behalf asked Council to consider striking the words “the display” from the proposed ordinance regulating balloons and sky lanterns and to require balloon displays to have proper weights. Ms. O’Hara expressed concern about the possible impacts to local businesses who sold balloons and stated that the TBC has promoted education regarding the proper use and safety practices of balloons. There being no further comments from the public, Mayor Aubrey closed the public hearing. President Pro Tem Mullinix stated that he understood the concerns of business owners, but that he has seen the impacts that balloons have had in the Village’s parks and waterways. Councilmember Bickel concurred and stated that she also sympathized with business owner’s concerns, but the potential impacts from balloons to the Village’s waterways was too great. Thereafter, the motion to adopt and enact on second reading Ordinance 2021-07 passed with all present voting aye. Draft Minutes of the Village Council Regular Session held June 10, 2021 Page 4 of 5 Mr. Lukasik for clarification, stated that the Village’s Police Department would not be monitoring balloon usage but that the Village would be educating residents through staff presence and signage at the parks as well as language in any park facility rental agreements. Mayor Aubrey read into the record a public comment received from Douglas R. Fairbanks, 648 Anchorage Drive. In his comment, Mr. Fairbanks stated that he was in support of the Village’s effort to move utility and electrical lines underground for the purpose of safety and modernization. CONSENT AGENDA APPROVED Item 5 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the Consent Agenda, as amended, was approved unanimously. The following items were approved: Resolution establishing the starting time for Regular Village Council meetings to 7:00 p.m. Receive for file Minutes of the Library Advisory Board meeting held 4/27/21. Receive for file Minutes of the Recreation Advisory Board meeting held 5/11/21. Receive for file Minutes of the Library Advisory Board meeting held 5/25/21. MOTION – Accepting the ranking by the Selection Committee for Overhead Utility Undergrounding Project Management and Engineering Consulting Services and authorizing Staff to commence negotiation of an Agreement with Kimley-Horn. President Pro Tem Mullinix expressed his excitement that the Village was moving forward with undergrounding its utilities and stated that it would be a great benefit to the community. A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to accept the ranking by the Selection Committee for Overhead Utility Undergrounding Project Management and Engineering Consulting Services and authorizing Staff to commence negotiation of an Agreement with Kimley-Horn. VILLAGE COUNCIL MATTERS/REPORTS Mayor Aubrey stated that Council had received performance evaluation forms for Mr. Lukasik in their mailboxes and requested that they return their completed evaluations to Human Resources Director Renee Govig before the next scheduled Council meeting. Mayor Aubrey asked Council to consider changing the Mayor’s one-year term requirement in the Village code to a two-year term. Discussion ensued between Councilmembers regarding the Mayor term requirement in the Village code. The Council agreed to consider a change to the Village code that would provide exceptions on the Mayor’s term length under certain circumstances. Councilmember Bickel recommended that Council support signing the letter from the Environmental Committee to the Army Corps of Engineers with regards to the management of Lake Okeechobee and issues regarding blue green algae in Palm Beach County. Councilmember Bickel stated that there were state regulations with regards to Airbnb’s and asked Mr. Rubin if there was anything the Village could do to alleviate the situation. Draft Minutes of the Village Council Regular Session held June 10, 2021 Page 5 of 5 VILLAGE COUNCIL MATTERS/REPORTS continued Mr. Rubin explained that the Village could implement and require a registration process. Mr. Rubin stated that he and staff were already working on a draft of a registration process. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik began a presentation regarding the American Rescue Plan Act. Mr. Lukasik gave a brief background stating that the Village anticipated the receipt of $5.5 million dollars, funding would need to obligated by December 31, 2024 and projects would need to be completed by December 31, 2026. Mr. Lukasik discussed and explained the eligible activities which were activities that would support public health, address economic hardship impacts for those disproportionately affected and harmed by the pandemic, premium pay for essential workers, replace lost public sector revenue, water, sewer and broadband investments. Mr. Lukasik reviewed and discussed staff recommendations which included using the funds for non-recurring expenditures, using funds to directly impact the community, avoiding the creation of new programs that require on ongoing financial commitment of bureaucracy to develop and manage, appropriating $400,000 to technology applications and appropriating funds towards water and sewer infrastructure. Discussion ensued between Councilmember regarding whether or not to allocate funds to help smaller business in the community. Councilmember Bickel recommended reinstating and allocating funds toward the NET Team. Mr. Lukasik stated that he would start to re-engage employees for restarting the NET Team and would begin community outreach to discover what the needs were. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:48 p.m. VILLAGE OF NORTH PALM BEACH FINANCE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Samia Janjua, Finance Director DATE: June 24, 2021 SUBJECT: ORDINANCE - 1st Reading – General Fund Budget Amendment for FY 2021 Capital Leases Village Council has approved the following three capital lease programs in Fiscal Year 2021: Resolution Description Lease Term Total Financed Interest Rate Total Payments 2020-67 Sanitation Truck Lease 7 years $248,141.00 2.35% $273,023.56 2020-75 Police Vehicle Lease 5 years 136,183.62 2.25% 145,240.15 2021-43 Fire Ladder Truck Lease 10 years 985,490.00 2.25% 1,117,965.71 Total $1,369,814.62 $1,536,229.42 The annual debt service for these capital leases is budgeted in the General Fund; however, the Village’s Auditor has advised that the total amount financed for capital leases should be shown in the Fiscal Year 2021 budget as “other financing sources/uses” and capital outlay for financial reporting purposes. (Note: this requirement is for the first year of the lease only): GASB “When a capital lease represents the acquisition or construction of a general capital asset, the acquisition or construction of that asset should be reflected as an expenditure and other financing source, consistent with the accounting and financial reporting for general obligation bonded debt.” While there will not be a net income effect, because the amendment increase the total General Fund Budget, a budget amendment ordinance is required. Budget Amendment: Fund Account Description Use Source General Fund A4200-09901 Capital Lease $1,369,815 General Fund A5540-66000 Capital Lease $1,369,815 Total The attached Ordinance has been prepared/reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council consideration and approval on first reading of the attached Ordinance authorizing the Mayor and Village Clerk to execute the required budget amendment for the Capital Leases in accordance with Village policies and procedures. Page 1 of 2 ORDINANCE NO. 2021-____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND 4 BUDGET FOR FISCAL YEAR 2021 TO CLASSIFY THE TOTAL AMOUNT 5 FINANCED FOR VILLAGE VEHICLES AS CAPITAL OUTLAY; PROVIDING 6 FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 7 AN EFFECTIVE DATE. 8 9 WHEREAS, during Fiscal Year 2021, the Village Council approved three capital lease programs: a 10 sanitation vehicle, police vehicles, and a fire ladder truck; and 11 12 WHEREAS, while the Village has budgeted the annual debt services for these leases in the General 13 Fund, the Village Auditor has advised the Village that the total amount financed for the first year of 14 capital leases should be shown in the Fiscal Year 2021 budget as “other financing uses/sources” and 15 capital outlay for financial reporting purposes; and 16 17 WHEREAS, notwithstanding the lack of any net income effect, because this amendment increases 18 the total amount of the budget, this transfer must be accomplished by ordinance as required by Section 19 166.241, Florida Statutes; and 20 21 WHEREAS, the Village Council determines that the adoption of this budget amendment is in the best 22 interests of the residents and citizens of the Village of North Palm Beach. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM 25 BEACH, FLORIDA as follows: 26 27 Section 1. The foregoing recitals are hereby ratified as true and correct and incorporated herein. 28 29 Section 2. The Village Council hereby amends the adopted Village of North Palm Beach General 30 Fund budget for Fiscal Year 2021 as follows: 31 32 Budget Amendment: 33 34 Fund Account Description Use Source General Fund A4200-09901 Capital Lease $1,369,815 General Fund A5540-66000 Capital Lease $1,369,815 Total 35 Section 3. The Mayor and Village Clerk are hereby authorized and directed to execute the budget 36 amendment for and on behalf of the Village of North Palm Beach. 37 38 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 39 reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 40 holding shall not affect the remainder of this Ordinance. 41 42 Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 43 herewith are hereby repealed to the extent of such conflict. 44 Page 2 of 2 Section 6. This Ordinance shall be effective immediately upon adoption. 1 2 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 3 4 PLACED ON SECOND, FINAL READING AND PASSED THIS ________ DAY OF 5 ___________, 2021. 6 7 8 (Village Seal) ______________________________ 9 MAYOR 10 11 12 ATTEST: 13 14 15 VILLAGE CLERK 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY: 19 20 21 VILLAGE ATTORNEY 22 VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council THRU: Andrew D. Lukasik, Village Manager FROM: DATE: Chuck Huff, Acting Director of Public Works June 24, 2021 SUBJECT: ORDINANCE 1st Reading – Establishing a Stormwater Management Utility and a Stormwater Management Utility Fund and providing for Stormwater Management Utility Assessments by Resolution. Due to concerns about the condition of the Village’s aging stormwater system and the lack of funding available to address such concerns, the Village has been exploring the use of a stormwater utility fee to generate a dedicated funding source to repair and maintain the stormwater system. The Village Council has determined that it is necessary to establish a dedicated funding stream to address stormwater system needs. To that end, Village staff is recommending the adoption of an ordinance creating a Stormwater Management Utility and a Stormwater Management Utility Fund. Additionally, the proposed ordinance provides for the adoption of Stormwater Management Utility Assessments, to be levied by future Resolution against real property in the Village. Background: In 2016, the Village Council adopted the Citizens’ Master Plan. The Plan was the result of a citizen engagement process and intended to guide the next era of growth and development in the Village of North Palm Beach. One of the priority projects identified by the Plan was the creation of a stormwater utility that would finance repairs and improvements, including enhancement of water quality, to the Village’s stormwater system. At this time, it was recognized that the Village’s aging system needed to be maintained to deliver reliable protection of property and enhance the quality of stormwater runoff into the Village’s canals and the Lake Worth Lagoon. Based upon the Citizens’ Master Plan recommendation, the Village conducted an exploratory study to provide information and data related to the establishment of a stormwater fee structure to fund needed stormwater activities and improvements within the Village. To accomplish this task, the Village Council approved a proposal from Hazen & Sawyer, P.C. to complete a Stormwater Management Study through the adoption of Resolution 2018-59 on July 12, 2018. On March 14, 2019, the Village Council held a workshop on the exploratory study and directed Village Staff to continue to evaluate stormwater funding options. During strategic planning and preparation for the FY2020 budget, a stormwater funding mechanism continued to be identified as a high priority for the Village Council. As a result, $100,000 was budgeted and approved for the next phase of the stormwater study. Through the adoption of Resolution No. 2019-114 on October 10, 2019, the Village Council approved a proposal from Hazen & Sawyer, P.C. to provide stormwater utility fee development and implementation services. On June 25, 2020, Hazen & Sawyer, P.C. presented its Stormwater Utility Study Final Report to the Village Council. During that meeting, Village Council provided policy direction on the following issues: establishing the Fee Methodology (weighted average of Single Family Residential Impervious Area and average Impervious Area per condominium unit); identifying a fee amount based upon the need to establish a Videoing, Cleaning, Rehabilitation and Maintenance Program; creation of a Credit Program (3% of SFR parcels and 10% of all other parcels receive credit averaging 50% of the stormwater fee) and selecting the utility billing method. On November 12, 2020, Hazen & Sawyer, P.C. updated the analysis of the stormwater fees and Village Council provided policy direction to impose a non-ad valorem assessment on the property tax bill as the method of funding the stormwater utility. Village Council direction was based upon the following information from the study:  The method to determine the Equivalent Residential Units (ERU) in the Village: o An ERU is based upon the average of Single-Family Residential (SFR) Parcel Impervious Area (IA) in the Village.  ERU= 5,500 sq ft IA  Flat Rate  SFR = 1.0 ERU  Condo = 0.22 ERU  Variable Rate: all other property classes based on measured Impervious Area  The desired Level of Service to be provided by the Stormwater Utility will include: o Stormwater system videoing and cleaning of the system within 5 years o Emergency repairs o 15-year rehabilitation and maintenance to address findings from video/cleaning. Assumes that:  20% of the system will need manhole to manhole slip lining  5% of the system will need to be replaced.  The estimated cost to property owners, based upon the previous information, is as follows: On December 10, 2020, Village Council adopted Resolution 2020-84 stating the Village’s intent to levy a non-ad valorem assessment to collect a Stormwater Utility Fee on the 2021 Tax Bill. To that end, Section 197.3632(2), Florida Statutes, requires the Village to execute standard agreements with both the Palm Beach County Property Appraiser and the Palm Beach County Tax Collector in order to proceed with the collection of the stormwater non-ad valorem assessment on the property tax bill. The Village Council approved those agreements on January 28, 2021 in order to continue the process of establishing the Stormwater Utility Fee. Stormwater Management Utility: The Village has an antiquated Stormwater collection system with failures occurring at an alarming rate. Recently, the Village has been reacting to these failures by funding repairs through the use of unbudgeted emergency funding. A reliable and consistent source of funding is required to appropriately maintain the Village’s stormwater management system. The cost of operating and maintaining the stormwater management system should, to the extent practicable, be allocated in relationship to the contribution to the need for services. It is the intent of the proposed Ordinance to establish stormwater management as a Village utility enterprise in accordance with F.S. §403.0893 and to establish utility assessments for stormwater management services to be levied against all developed properties that benefit from the Village's stormwater management system. These functions include, but are not limited to, maintenance, planning, design, construction, regulation, surveying, and inspection as they relate to storm water management facilities of the Village. The stormwater utility assessments will be levied as a non-ad valorem special assessment on the tax bill using the Uniform Method of Collection as authorized by state statute. Future steps in the process to levy the Stormwater Utility Fee, which will take place this summer, include:  Adoption of a resolution establishing the ERU rate  Adoption of the non-ad valorem assessment roll It is important to note that the Stormwater Utility Fee is anticipated to generate approximately $500,000 annually for maintenance of the Village’s stormwater system. Per Council policy suggestions to the Village Manger, a millage rate reduction will be pursued during the FY2022 budget process to offset the revenues to be generated by the Stormwater Utility Fee. The attached Ordinance has been prepared and/or reviewed for legal sufficiency by the Village Attorney. There is no fiscal impact as a result of adopting the recommended ordinance. Recommendation: Village Staff requests Council consideration and approval on first reading of the attached Ordinance establishing a Stormwater Management Utility, Stormwater Management Utility Fund and providing Utility assessments through resolution in accordance with Village policies and procedures. Page 1 of 9 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF 4 ORDINANCES BY ADOPTING A NEW CHAPTER 30, “STORMWATER 5 MANAGEMENT UTILITY;” CREATING A STORMWATER MANAGEMENT 6 UTILITY AND STORMWATER MANAGEMENT UTILITY FUND; 7 PROVIDING FOR ADOPTION OF STORMWATER MANAGEMENT 8 UTILITY ASSESSMENTS BY RESOLUTION; PROVIDING FOR 9 CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 10 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, stormwater runoff is capable of carrying pollutants into receiving bodies, thereby 13 degrading water quality; and 14 15 WHEREAS, the increase in nutrients, such as phosphorous and nitrogen, resulting from 16 stormwater runoff accelerates eutrophication of receiving water bodies and adversely affects flora 17 and fauna; and 18 19 WHEREAS, improperly channeling water increases the velocity of stormwater runoff and 20 increases erosion and sedimentation; and 21 22 WHEREAS, construction requiring the alteration of natural topography and removal of vegetation 23 tends to increase erosion; and 24 25 WHEREAS, siltation of water bodies resulting from increased erosion decreases the capacity of 26 water bodies to hold and transport water, interferes with navigation, and harms flora and fauna; 27 and 28 29 WHEREAS, impervious surfaces increase the volume and rate of stormwater runoff and allow less 30 water to percolate into the soil, thereby decreasing groundwater recharge; and 31 32 WHEREAS, improperly managed stormwater runoff may increase the incidence and intensity of 33 flooding, which endangers property and human welfare; and 34 35 WHEREAS, the Village of North Palm Beach conducted a preliminary feasibility study and final 36 stormwater management study in 2019 and 2020 respectively, further finding that the Village 37 maintains a system of storm and surface water management facilities, inlets, conduits, pipes, 38 manholes, channels, ditches, drainage easements, retention and detention basins, infiltration 39 facilities, and natural waterways; and 40 41 WHEREAS, those elements of the Village stormwater management system that provide for the 42 collection, storage, treatment, and conveyance of stormwater benefit and provide services to all 43 developed property within the Village; and 44 45 Page 2 of 9 WHEREAS, the cost of operating and maintaining the stormwater management system and the 1 financing of existing and future repairs, replacements, improvements, and extensions thereof 2 should, to the extent practicable, be allocated in relationship to the contribution to the need for 3 services; and 4 5 WHEREAS, the stormwater management system requires scheduled maintenance, rehabilitation 6 and replacement; and 7 8 WHEREAS, all developed property either uses or benefits from the presence and operation of a 9 stormwater management system; and 10 11 WHEREAS, the use of the stormwater management system is dependent on land use, impervious 12 area and other factors that influence runoff; and 13 14 WHEREAS, Florida municipalities have authority to establish a stormwater management utility 15 pursuant to the home rule powers provided in the Florida Constitution and Florida Statutes; and 16 17 WHEREAS, the uniform method of collection for non-ad valorem assessments is expressly 18 permitted for stormwater management fees in Section 403.0893, Florida Statutes; and 19 20 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 21 interests of the residents and citizens of the Village of North Palm Beach. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 24 OF NORTH PALM BEACH as follows: 25 26 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 27 28 Section 2. The Village Council hereby amends the Village Code of Ordinances by adopting 29 an entirely new Chapter 30, “Stormwater Management Utility,” to read as follows: 30 31 Sec. 30-1. Intent 32 33 It is the intent of this article to establish stormwater management as a Village 34 utility enterprise in accordance with F.S. §403.0893 and to establish utility 35 assessments for stormwater management services to be levied against all developed 36 property within the Village that benefit from the Village's stormwater management 37 system to accomplish the functions of such utility. These functions include, but are 38 not limited to, maintenance, planning, design, construction, regulation, surveying, 39 and inspection as they relate to stormwater management facilities of the Village. 40 The stormwater utility assessments will be levied as a non-ad valorem special 41 assessment on the tax bill using the Uniform Method of Collection as authorized 42 by the State of Florida in F.S. §403.0893(3). 43 44 Sec. 30-2. Findings. 45 46 The Village Council finds as follows: 47 Page 3 of 9 (1) Stormwater runoff is capable of carrying pollutants into receiving bodies, 1 thereby degrading water quality; and 2 3 (2) The increase in nutrients, such as phosphorous and nitrogen, resulting from 4 stormwater runoff accelerates eutrophication of receiving water bodies and 5 adversely affects flora and fauna; and 6 7 (3) Improperly channeling water increases the velocity of stormwater runoff 8 and increases erosion and sedimentation; and 9 10 (4) Construction requiring the alteration of natural topography and removal of 11 vegetation tends to increase erosion; and 12 13 (5) Siltation of water bodies resulting from increased erosion decreases the 14 capacity of water bodies to hold and transport water, interferes with 15 navigation, and harms flora and fauna; and 16 17 (6) Impervious surfaces increase the volume and rate of storm water runoff and 18 allow less water to percolate into the soil, thereby decreasing groundwater 19 recharge; and 20 21 (7) Improperly managed stormwater runoff may increase the incidence and 22 intensity of flooding, which endangers property and human welfare; and 23 24 (8) The Village conducted a preliminary feasibility study and final stormwater 25 management study in 2019 and 2020, respectively, further finding that the 26 Village maintains a system of storm and surface water management 27 facilities, inlets, conduits, pipes, manholes, channels, ditches, drainage 28 easements, retention and detention basins, infiltration facilities, and natural 29 waterways; and 30 31 (9) The Village maintains a system of storm and surface water management 32 facilities, inlets, conduits, pipes, manholes, channels, ditches, drainage 33 easements, retention and detention basins, infiltration facilities, and natural 34 waterways; and 35 36 (10) Elements of the Village stormwater management system that provide for 37 the collection, storage, treatment, and conveyance of stormwater benefit and 38 provide services to all developed property within the Village; and 39 40 (11) The cost of operating and maintaining the stormwater management system 41 and the financing of existing and future repairs, replacements, 42 improvements, and extensions thereof should, to the extent practicable, be 43 allocated in relationship to the contribution to the need for services; and 44 45 (12) The stormwater management system requires scheduled maintenance, 46 rehabilitation and replacement; and 47 Page 4 of 9 (13) Real property either uses or benefits from the presence and operation of a 1 stormwater management system; and 2 3 (14) The use of the stormwater management system is dependent on land use, 4 impervious area and other factors that influence runoff; and 5 6 (15) Florida municipalities have the authority to establish a stormwater 7 management utility pursuant to the home rule powers provided in the 8 Florida Constitution and Florida Statutes. 9 10 (16) The uniform method of collection for non-ad valorem assessments is 11 expressly permitted for the collection of stormwater management fees by 12 F.S. §403.0893(3). 13 14 Sec. 30-3. Definitions. 15 16 The following words, terms and phrases, when used in this chapter, shall have 17 the meanings ascribed to them in this section, except where the context clearly 18 indicates a different meaning: 19 20 Condominium means a residential property with a Palm Beach County 21 Property Use Category of “CONDO” and means a property as defined by section 22 718.103, Florida Statutes. “Condominium” means that form of ownership of real 23 property created pursuant to Chapter 718, Florida Statutes, which is comprised 24 entirely of units that may be owned by one or more persons, and in which there is, 25 appurtenant to each unit, an undivided share in common elements. 26 27 Department means the Village’s Public Works Department. 28 29 Development or Developed Property means a property or parcel that has been 30 altered in any way by human beings from its natural state. 31 32 Director means the Public Works Director or his/her designee. 33 34 Equivalent residential unit or ERU means 5,550 square feet of impervious area 35 of a property and is the basic unit for the computation of the stormwater 36 management utility assessment. 37 38 ERU rate means the rate established by resolution of the Village Council 39 whereby the stormwater management utility assessment is determined for each 40 property within the Village. 41 42 Illicit discharge means any discharge to a municipal separate storm sewer 43 and/or receiving water body that is not composed entirely of stormwater. 44 45 Impervious area means the surface area of a property into which the 46 percolation and infiltration of stormwater is prevented or significantly restricted. 47 Page 5 of 9 Multifamily residential means a residential property with a Palm Beach County 1 Property Use Category of “MULTIFAMILY” or “MULTIFAMILY < 10 UNITS”. 2 3 Nonresidential means all developed properties that do not fall into the Single-4 family Residential, Multifamily Residential or Condominium categories. 5 6 Pervious area means the surface area of a property which is not impervious 7 area. 8 9 Property means the land parcel as geographically defined by the Palm Beach 10 County Property Appraiser. 11 12 Receiving water means a lake, canal, river, stream or other water body into 13 which surface waters, including stormwater runoff, are directed, either naturally or 14 in manmade ditches, pipes or other mechanisms. 15 16 Single-family residential means a residential property with a Palm Beach 17 County Property Use Category of “SINGLE-FAMILY”, “SINGLE-FAMILY-IND 18 ZONE” or “TOWNHOUSE”. 19 20 Stormwater management system or system means the network of facilities, both 21 natural and manmade, including lakes, canals, rivers, streams, swales, culverts, 22 pipes, wetlands, detention and retention basins, which convey stormwater from the 23 point of first impact with the surface of land to the receiving water. 24 25 Stormwater runoff means the stormwater which impacts (falls on) a property 26 and does not percolate or infiltrate the ground onto which it falls. 27 28 User means any individual or legal entity which owns property within the 29 Village and thereby uses and benefits from the operation and maintenance of the 30 stormwater management system by the Village. 31 32 Utility or Stormwater management utility means the division within the Village 33 Public Works Department which constructs, operates and maintains the stormwater 34 management system and otherwise performs the powers and duties described in this 35 chapter. 36 37 Sec. 30-4. Stormwater management utility established. 38 39 The Village of North Palm Beach Stormwater Management Utility is hereby 40 established to be a division within the Village Public Works Department. The 41 Utility shall be administered by the Director of Public Works or his/her designee. 42 43 44 Page 6 of 9 Sec. 30-5. Powers and duties of the stormwater management utility. 1 2 Subject to the supervision and authority of the Village Manager and the 3 Director, the Stormwater Management Utility shall have the following powers and 4 duties: 5 6 (1) Prepare plans for improvements to the stormwater management 7 system; 8 9 (2) Construct, operate and maintain the facilities which comprise the 10 stormwater management system located on public property and 11 within public rights-of-way and public easements; 12 13 (3) Recommend regulations for adoption by the Village Council for use 14 by the stormwater management utility including provisions for 15 enforcement; 16 17 (4) Review and approve development permits for compliance with 18 stormwater management system regulations; 19 20 (5) Enter private property for the purpose of inspecting private 21 stormwater drainage facilities and otherwise enforcing the 22 provisions of this chapter; 23 24 (6) Evaluate water quality concerns for discharge into the stormwater 25 management system; and 26 27 (7) Recommend stormwater management utility assessments and 28 amendments thereto to pay the costs of the stormwater management 29 system services provided by the Utility. 30 31 Sec. 30-6. Stormwater Management Utility Assessments. 32 33 (a) Stormwater management utility assessments are as currently 34 established or as hereafter adopted by resolution of the Village Council from time 35 to time to pay the costs of the stormwater management services provided by the 36 Utility including, but not limited to, administration, planning, design, permitting, 37 construction, maintenance, regulation, inspection, and enforcement activities. 38 39 (b) Stormwater management utility assessments shall be based on the 40 cost of providing stormwater management services to types of property uses within 41 the Village. The Village Council may revise the schedule of stormwater rates from 42 time to time to reflect changes in the cost of providing such services. 43 44 (c) The rates for the stormwater management utility assessments shall 45 be according to the following types of land uses: 46 47 Page 7 of 9 Type of Land Use Monthly Rate Annual Rate Single-family Residential (1.00 ERU) x (per ERU rate1) (1.00 ERU) x (per ERU rate) x 12 Condominium (0.22 ERU per residential unit) x (per ERU rate) (0.22 ERU per residential unit) x (per ERU rate) x 12 Multifamily Residential (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) x 12 Nonresidential (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) x 12 1 1The ERU rate shall be established by separate resolution. 2 3 (d) Stormwater management assessments shall apply to all properties 4 within the Village that are benefited by the stormwater utility including those 5 properties which are owned or occupied by a nonexempt governmental or nonprofit 6 entity which are otherwise tax-exempt for ad valorem tax purposes. Public right-7 of-way and bodies of water are exempt from the application of stormwater 8 management utility assessments. Public schools are exempt from stormwater 9 management utility assessments pursuant to ruling of the Circuit Court for the 10 Fifteenth Judicial Circuit (Palm Beach County) in the case of The School Board of 11 Palm Beach County v. City of West Palm Beach. 12 13 Sec. 30-7. Private drainage facilities; stormwater management assessment 14 credits. 15 16 (a) The owner of real property is responsible for providing and 17 maintaining stormwater drainage facilities to collect and dispose of stormwater on 18 site in compliance with local law. It shall be unlawful for any person to alter 19 privately owned stormwater drainage facilities without the prior approval of the 20 Director or other agencies having jurisdiction. No changes shall be permitted by the 21 Director which would adversely affect the stormwater management system around 22 the property. 23 Page 8 of 9 (b) The Director may establish a stormwater utility credit program 1 under which a property subject to the stormwater management utility assessment 2 shall receive a credit for investments that reduce stormwater runoff impacts to the 3 Village’s stormwater management system. The Director may establish credit 4 eligibility requirements including the stormwater management utility assessment 5 reduction criteria. 6 7 Sec. 30-8. Stormwater management utility assessment billings. 8 9 (a) Stormwater management utility assessments shall be levied on the 10 Palm Beach County tax bill as a non-ad valorem assessment. 11 12 (b) The owner of a property is ultimately responsible for all assessments 13 imposed under this chapter. 14 15 Sec. 30-9. Stormwater management utility fund. 16 17 A stormwater management utility fund is hereby established into which all 18 revenues from the stormwater management utility assessments, grants, and other 19 funding sources shall be deposited and from which expenditures relating to the 20 stormwater management system shall be paid. 21 22 Sec. 30-10. Appeals. 23 24 Any user who believes that a stormwater management utility assessment has 25 been computed incorrectly may appeal in writing to the Director for a correction. 26 The decision of the Director may be appealed to the Village Manager. The decision 27 of the Village Manager shall be final. 28 29 Sec. 30-11. Delinquent charge; liens. 30 31 Stormwater management utility assessments collected as non-ad valorem 32 assessments via the tax bill shall be subject to all collection provisions of Chapter 33 197, Florida Statues, including provisions relating to discount for early payment, 34 prepayment by installment method, deferred payment, penalty for delinquent 35 payment, and issuance and sale of tax certificates and tax deeds for nonpayment. 36 37 Sec. 30-12. Flooding; liability. 38 39 (a) Floods from stormwater runoff may occur which exceed the 40 capacity of the stormwater management system. Nothing in this chapter shall be 41 deemed to mean that property subject to the stormwater management utility 42 assessments established hereby will always be free from stormwater flooding and 43 flood damage. 44 45 (b) Nothing in this chapter shall be deemed to create any liability on the 46 part of, or create a cause of action against, the Village, or any official or employee 47 Page 9 of 9 thereof, for any flood damage that results from the runoff of floods or storms which 1 cannot be accommodated by the stormwater management system. 2 3 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 4 the Village of North Palm Beach, Florida. 5 6 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 7 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 8 such holding shall not affect the remainder of this Ordinance. 9 10 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 11 conflict herewith are hereby repealed to the extent of such conflict. 12 13 Section 6. This Ordinance shall take effect immediately upon adoption. 14 15 PLACED ON FIRST READING THIS ______ DAY OF ________________, 2021. 16 17 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 18 2021. 19 20 21 (Village Seal) 22 MAYOR 23 24 ATTEST: 25 26 27 VILLAGE CLERK 28 29 30 APPROVED AS TO FORM AND 31 LEGAL SUFFICIENCY: 32 33 34 VILLAGE ATTORNEY 35 Hazen and Sawyer 2101 Corporate Blvd NW #301 Boca Raton, FL 33431 • 561.997.8070 Village of North Palm Beach Stormwater Utility Study Draft Report May 27, 2020 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Table of Contents i Table of Contents Executive Summary ........................................................................................................iv 1. Introduction and Background ................................................................................. 1-1 2. Estimate of Village of North Palm Beach Total Impervious Area and Distribution by Property Use .......................................................................................................... 2-1 2.1 Village of North Palm Beach Land Use by Property Use ........................................................ 2-2 2.2 Estimation of Impervious Area by Property Use ...................................................................... 2-4 3. Methods to Calculate Equivalent Residential Unit and Resulting Distribution by Property Type and Use .......................................................................................... 3-1 4. Projected Stormwater Expenditures Under Alternative Investment Scenarios ....... 4-1 5. Estimated Stormwater Fee per ERU and Distribution of Costs by Property Use Under Alternative ERU Calculation Methods ......................................................... 5-1 6. Incorporating Credits into a Stormwater Utility Fee Program ................................. 6-1 6.1 Overview of Stormwater Credits and Participation Rates ........................................................ 6-1 6.2 Credit Program Considerations Programs ............................................................................... 6-1 6.3 Evaluated Scenarios for the Village of North Palm Beach and Financial Impacts .................. 6-2 7. Comparison of Projected Stormwater Fee with other Florida Utilities .................... 7-1 8. Alternative Billing Methods ..................................................................................... 8-1 9. Conclusions and Recommendations ..................................................................... 9-1 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Table of Contents ii List of Tables Table ES-1: North Palm Beach Service Area Parcel Categories ................................................... iv Table ES-2: ERU Counts by Property Use .................................................................................... v Table 2-1: Property Use Category from Village of North Palm Beach Parcel Data File matched to General DOR Land Use Code ........................................................................................ 2-2 Table 2-2: Major Service Area Parcel Categories ....................................................................... 2-3 Table 2-3: Average Impervious Area and Unit Count for SFR and Condominium Parcels ........ 2-4 Table 2-4: Total Impervious Area by Land and Property Use Classification .............................. 2-5 Table 3-1: ERU Allocations Under Alternative Methods............................................................ 3-2 Table 4-1: Scenario 1 – Status Quo Stormwater Plan with Asset Videoing and Cleaning ......... 4-3 Table 4-2: Scenario 2 – Scenario 1 Plus Pipe Rehabilitation and Maintenance Program Based on FY2020 Budget Estimate ................................................................................................... 4-3 Table 4-3: Scenario 3 – Pipe Rehabilitation and Maintenance Program Estimated Based on Asset Materials and Age .............................................................................................................. 4-4 Table 4-4: Scenario 4: Scenario 3 Plus Swale Rehabilitation CIP .............................................. 4-4 Table 5-1 Monthly ERU Costs and Savings for Two ERU Calculation Methods ....................... 5-1 Table 6-1: Credit Program Potential Impacts on Stormwater Utility Fees .................................. 6-3 Table 8-1: Comparison of Billing Options .................................................................................. 8-1 List of Figures Figure 2-1: Example of Palm Beach County Parcel Polygon Shapefile Data ............................. 2-1 Figure 2-2: North Palm Beach Parcel Distribution by General Property Use Class ................... 2-6 Figure 2-3: North Palm Beach Impervious Area Distribution by General Property Use Class .. 2-6 Figure 5-1: Share of Stormwater Fee Burden: Method 1 ............................................................ 5-2 Figure 5-2: Share of Stormwater Fee Burden: Method 2 ............................................................ 5-2 Figure 7-1: Histogram of Florida Stormwater Jurisdictions by Monthly Fee Range .................. 7-1 List of Appendices Appendix A: Stormwater Utility Fee Credit Policy Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Table of Contents iii List of Acronyms Abbreviation Definition B&V Black and Veatch BMP Best Management Practice CCTV Closed Circuit Television CIP Capital Improvement Plan CMP Corrugated Metal Pipe DOR Department of Revenue ERU Equivalent Residential Unit ES Executive Summary FDOT Florida Department of Transportation FL Florida FY Fiscal Year GIS Geographic Information System IA Impervious Area PWD Public Works Department RCP Reinforced Concrete Pipe ROW Right of Way SeSwA Southeast Stormwater Association SF Single-Family SFR Single-Family Residential Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Executive Summary iv Executive Summary This Study (“SW Fee Study”) builds on the February 2019 conceptual Village of North Palm Beach Stormwater Management Study (“2019 Study”) prepared for the Village of North Palm Beach’s (“Village”) Department of Public Works. The main objective of this SW Fee Study is to develop a stormwater utility fee that would sustainably fund the Village’s stormwater management program. The stormwater utility fee would rationalize the budgeting process and link individual Village parcels with the demand they place on the stormwater management system based on their impervious area coverage, which is assumed proportionate to the amount of stormwater runoff that they contribute to the treatment system. Data from the Village and Palm Beach County were analyzed and used to estimate impervious area coverage by property use class including single-family residences, multifamily residences, condominiums, commercial and industrial enterprises, government, and institutional facilities. All land parcels other than public schools and right of ways would be subject to the proposed stormwater utility fee. Table ES-1 shows the distribution of the Village land parcels by property use classification. Table ES-1: North Palm Beach Service Area Parcel Categories Parcels Area (acres) Category Total Percentage Total Percentage Commercial/Industrial 158 5.0% 329 18% Institutional 12 0.4% 67 4% All Residential 2,914 91.8% 1,009 54% Right of Way/Exempt 12 0.4% 10 1% Vacant 48 1.5% 51 3% Utility 2 0.1% 2 0.06% Municipal/Government 27 0.9% 398 21% Grand Total 3,173 100.0% 1,867 100.0% The Equivalent Residential Unit or ERU is the base unit in stormwater billing. An ERU is commonly defined as the average measured Impervious Area (IA) per parcel of one or more residential billing classes. Billing rates can be flat or variable, with flat fees traditionally assigned to property classes with relatively homogenous property use (e.g., single-family residences, condos) and variable fees assigned to classes with more property development variability (commercial, institutional). The SW Fee Study tested two Methods for developing the ERU: • Method 1: ERU is based on the average IA for a statistically significant sample of single-family residential (SFR) parcels. A flat rate of 1 ERU is assigned to SFR parcels, and condos are billed 0.22 ERUs based on the ratio (22%) of the average condominium unit IA to the average SFR IA. • Method 2: ERU is based on weighted average of SFR IA and average condominium unit IA. SFR and condos are both billed 1 ERU per dwelling unit. All other fee eligible properties would be billed a specifically derived charge based on their measured IA divided by the ERU. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Executive Summary v Method 1 yields an ERU of 5,550 square feet, while the Method 2 ERU is 3,389 square feet. Under Method 1, a condominium unit would be assessed a fee based of 0.22 ERUs; under Method 2, a condominium unit would be assigned 1 ERU, the same as an SFR parcel. Method 1 is recommended because it allocates ERU’s to the different property use classes more closely in proportion to IA distribution in the Village. The distribution of ERUs under Method 1 is shown in Table ES-2. Table ES-2: ERU Counts by Property Use Annual stormwater management costs were then projected for the period FY2021-FY2025. The 2019 Study cost estimates were updated for four Level of Service Scenarios with increasing CIP requirements. The scenarios range from a slightly enhanced status quo (Scenario 1) to a more comprehensive and significantly enhanced Level of Service under Scenario 4. Annualized costs are estimated to range from approximately $380,000 to over $1 million. Scenario 1 is recommended to be implemented at least for the first year to give the Village residents and businesses time to adjust to the new stormwater fee while still progressing towards stormwater management and water quality objectives. The baseline monthly stormwater utility fee under the Scenario 1 Level of Service would be $5.65 per ERU. The SW Fee Study assumes that the stormwater fee would be billed as a non-ad valorem assessment through each parcels’ property tax bill. The projected fee includes the potential 4 percent early payment discount and 1 percent administrative charge (that would be imposed by the county for use of the property tax bill). Finally, the SW Fee Study recommends that the Village include a credit program to improve equity and incentivize parcel owners to install best management practices to reduce stormwater runoff volume and/or peak discharge rate, thus reducing demand on the system. Because credit programs result in fewer ERUs to which costs can be allocated, they necessarily raise the per monthly fee on remaining ERUs. Mitigating the likely impact is that participation rates in credit programs are very low, averaging only about 3 percent of total stormwater utility accounts in the Southeast United States according to the Southeast Stormwater Association 2019 Survey. For the purposes of the SW Fee Study, three different credit program participation rates were evaluated to estimate the impact on the ERU fee. The mid-level of the three participation scenarios would increase the monthly fee per ERU from $5.65 to $5.84, about a 3.4% increase. The cost burden shift across the different property use classes would be negligible, and any enterprise fund surplus would be considered in establishing future year budgets and rates. Property Use Class Total ERU Count Single-Family Residential 2,675 Condominium 1,052 Commercial 1,077 Institutional 233 Municipal/Government 79 Multifamily Residential 431 Utility 9 Vacant 5 Total 5,560 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Introduction and Background 1-1 1. Introduction and Background During the past two years, Hazen and Sawyer (Hazen) has been assisting the Public Works Department (PWD) of the Village of North Palm Beach (Village), Florida to develop a more financially sustainable stormwater management program. In February 2019, Hazen prepared a conceptual study that evaluated the feasibility of establishing a utility fee to fund the Village’s ongoing stormwater management program1. The 2019 Study encompassed: • Obtaining from the Village an inventory of the Village’s stormwater management assets; • Reviewing regulatory compliance requirements; • Estimating costs, revenues and funding requirements; • Preparing a 5-Year financial forecast, and • Investigating alternative rate structures. A stormwater utility fee would not only provide dedicated funding for stormwater infrastructure operations and maintenance but would also fund the treatment of stormwater runoff in accordance with water quality requirements for runoff entering natural water bodies. Stormwater charges are typically based on the characteristics of parcels, including the dimensions of impervious area (IA). IA is the portion of a parcel which has been altered by development or compaction, through which rainwater cannot percolate into the ground, thus entering the stormwater management system as runoff. As such, IA is an indicator of the amount of runoff that a property passes into the Village’s stormwater management system. Based on the 2019 Study results, the Public Works Department (PWD) tasked Hazen to conduct a SW Fee Study to develop a stormwater utility fee that would generate annual revenues sufficient to fund the stormwater program. A stormwater management program funded from a dedicated revenue stream derived from a utility fee confers a multitude of advantages over the current method under which the stormwater program is funded through an annual appropriation from the Village’s operating budget. Each budget year the stormwater program must compete against other Village programs to obtain its annual funding. As such, stormwater program funding is also vulnerable to fluctuations in the local economy. The current budgeting mechanism creates uncertainty in the level and continuity of funding and hinders effective long-term stormwater management planning. Furthermore, because the funds are derived from general revenues, there is no linkage between what individual households and businesses pay for stormwater management and the demands they place on the system. In contrast, a stormwater utility fee is designed to link each parcel of land with the volume of stormwater runoff it generates. According to the Southeast Stormwater Association (SeSwA) 2019 Southeast Stormwater Utility Report, 86% of stormwater utilities use IA as the general basis for allocating stormwater management costs across their customers. Under a well-designed stormwater utility fee, each 1 Hazen and Sawyer, Village of North Palm Beach Stormwater Management Study. February 20, 2019 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Introduction and Background 1-2 stormwater customer pays their fair share of the program’s capital, operating and maintenance costs based on their parcel’s proportion of the total impervious area served by the system. Finally, because a stormwater utility fee is based on the annualized cost of the program, equitably allocated across the program users, the revenues it generates will be reliable and predictable and allow for long-term planning for a sustainable program. It is for these reasons that the Village is seeking to implement a stormwater utility fee that will meet its funding needs and better rationalize its budgeting process. The remainder of this document describes the methods used to develop the unit fee for the stormwater utility, the financial impacts of alternative utility fee calculations, financial impacts of incorporating a credit program, billing alternatives, and conclusions and recommendations. The SW Fee Study is structured to provide the reader with a detailed understanding of all the cost elements that comprise the recommended fee and how those costs would be equitably allocated across the different property use classes. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Estimate of Village of North Palm Beach Total Impervious Area and Distribution by Property Use 2-1 2. Estimate of Village of North Palm Beach Total Impervious Area and Distribution by Property Use For the 2019 Study, Hazen conducted a preliminary analysis of the Village’s land use patterns to determine the number of parcels by property use and their contribution to Village’s total impervious area (IA). The following summarizes the methods used and the resulting calculations with some data updates and refinements made since the submission of the 2019 Study. Electronic files containing property appraiser parcel data were downloaded from the online Palm Beach County Enterprise GIS Data Catalog and included the following elements: • GIS Parcel Shapefile • Property Data Database File • Condo Data Database File • Instructions for joining the Property Data and Condo Data Database files to the GIS Parcel Shapefile. • Existing Land Use GIS shapefile for matching parcels records to Palm Beach County general land use categories High resolution orthoimagery of the Village stormwater service area, for the purposes of manually measuring IA, was also requested from Palm Beach County Information Systems Services. The Parcel Shapefile was brought into GIS and mapped over the Palm Beach County orthoimagery. Figure 2-1 shows an example of the GIS parcel shapefile over the orthoimagery. The parcel shapefile was joined with the Property Data file which included detailed property use descriptions. Single-family residential parcels are indicated by blue outline, multifamily parcels are outlined in green while multifamily parcels with more than ten units are outlined in purple, condo in turquoise and all other parcels are outlined in black. Figure 2-1: Example of Palm Beach County Parcel Polygon Shapefile Data Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Estimate of Village of North Palm Beach Total Impervious Area and Distribution by Property Use 2-2 2.1 Village of North Palm Beach Land Use by Property Use The development of a stormwater utility billing system requires the classification of each parcel by land use. Because the Palm Beach County parcel dataset did not include the Florida Department of Revenue (DOR) property use codes typically employed for this purpose, an existing land use field was used instead. Assigned land use categories were aggregated into general use categories that included residential, commercial, industrial, institutional, and governmental groupings. Table 2-1 shows how the property use classifications in the Parcel Data File were assigned to each corresponding general use category with the purpose of grouping for billing. Table 2-1: Property Use Category from Village of North Palm Beach Parcel Data File matched to General DOR Land Use Code2 General Land Use Grouping County Property Use Category Residential SINGLE-FAMILY SINGLE-FAMILY-IND ZONE TOWNHOUSE CONDO MULTIFAMILY MULTIFAMILY < 10 UNITS Commercial/Industrial AUTO SALES DEPARTMENT STORE FINANCIAL GOLF COURSE INSURANCE MORT/CEMETERY MOTEL NIGHT CLUBS OFFICE MULTISTORY OFFICE ONE STORY PKG LT / MH PK PROF OFFICES RESTAURANT RESTAURANT, DRIVE IN SANI/ REST HOME SERVICE STATION SHOPPING CENTER CMMI STORE/OFFICE/RESIDEN STORES SUPERMARKET/DRUG STO WORKING WATERFRONT RESIDENTIAL COMMON AREA WAREH/DIST TERM Institutional PRV SCHL/COLL RELIGIOUS Municipal/Government FOREST/PK/REC MUNICIPAL OUTDR REC/PARK LAND PUB CTY SCHOOL (excluded) STATE Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Estimate of Village of North Palm Beach Total Impervious Area and Distribution by Property Use 2-3 General Land Use Grouping County Property Use Category Utility UTILITY Vacant RIVER/LAKES SEWG/WASTE LAND SINGLE-FAMILY-IND ZO VACANT VACANT INDUSTRIAL Water/Right of Way CENTRALL ASSESSED R/W - BUFFER 2 As described in the 2018 Production Guide and Data Record Layout for the Comma Delimited File Format by the Florida Department of Revenue Property Tax Oversight, available online: http://floridarevenue.com/property/Documents/2018prodguide.pdf In 2017 the 15th Circuit Court ruled in the case of School Board of Palm Beach County v. City of West Palm Beach that public schools were to be exempt from stormwater fees. Therefore, public school parcels have been excluded from the stormwater fee calculations in this report. There is one such public school parcel in the Village, The Conservatory School at North Palm Beach. Depending on the billing method selected to implement the fee (Section 8), the Village may not be able to collect from government owned parcels. All aggregations of acreage used in the estimation of the Village’s potential stormwater revenue collection, including governmental categories exclude the school’s approximately 10-acre parcel. The Generalized DOR land use codes were then used to summarize the major service area parcel categories in the Village as shown in Table 2-2: Table 2-2: Major Service Area Parcel Categories Parcels Area (acres) Category Total Percentage Total Percentage Commercial/Industrial 158 5.0% 329 18% Institutional 12 0.4% 67 4% All Residential 2,914 91.8% 1,009 54% Right of Way/Exempt 12 0.4% 10 1% Vacant 48 1.5% 51 3% Utility 2 0.1% 2 0.06% Municipal/Government 27 0.9% 398 21% Grand Total 3,173 100.0% 1,867 100.0% Table 2-2 shows that while the vast majority of parcels within the Village are residential, they comprise a little more than half of the total land area. Note that while the Village has an area of 5.8 square miles, 2.2 square miles of that is water, and a little over a half of a square mile of that (0.55) is water or parcels for transportation rights-of-way which are exempt from stormwater fees. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Estimate of Village of North Palm Beach Total Impervious Area and Distribution by Property Use 2-4 2.2 Estimation of Impervious Area by Property Use The next step of the analysis was to estimate the distribution of IA by property use and then calculate the IA to be assigned to each parcel. For multifamily residential and condominium land parcels, the IA was measured for the entire parcel and not for individual units. However, for condominiums, an average per unit ratio was estimated based on the total units across all condominium parcels. For Single-Family Residential (SFR) parcels, a statistically significant random sample of approximately 5 percent of Village SFR properties were used to estimate an average square footage of IA per parcel. That average was then applied to all SFR properties within the Village. For all other nonresidential land parcels, including commercial/industrial, institutional, municipal/ government, and utilities, the IA square footage was measured for each parcel due to the variability of land development within each respective property class. Accordingly, these parcels would be charged based on their actual measured individual land cover characteristics rather than the average IA coverage for their property use classification. Table 2-3 presents the estimates of the Village’s impervious area for SFR and Condominiums. On average, SFR parcels contain 5,550 ft2 of IA while the IA associated with each condominium unit averages only about 1,227 ft2. The average IA for multifamily units is not included in the estimate because multifamily residential unit counts per parcel were not available. For purposes of estimating a stormwater utility fee, the multifamily parcels are treated the same as a commercial parcel with one fee charged for the entire property. Table 2-3: Average Impervious Area and Unit Count for SFR and Condominium Parcels Metric Value Units SFR Average IA 5,550 ft2 Condominium Average IA 1,227 ft2 SFR/Condominium Weighted Average IA 3,389 ft2 Condominium Unit Count 4,755 units SFR Unit Count 2,675 units Average Condominium IA/Average SFR IA 22 percent Table 2-4 shows the relative contribution of each property use class to the total IA of the Village. The SFR parcels account for 340.8 acres of IA or about 48 percent of the total Village IA. Commercial and condominium parcels account for 137.2 acres and 134 acres, respectively. Parcels with multifamily residences and institutional buildings together contain another 85 acres of IA. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Estimate of Village of North Palm Beach Total Impervious Area and Distribution by Property Use 2-5 Table 2-4: Total Impervious Area by Land and Property Use Classification Land Use Property Use Acres Residential Single-Family Residential 340.8 Condominium 134.0 Multifamily Residential 54.9 Nonresidential Commercial 137.2 Institutional 29.6 Municipal/Government 10.0 Utility 1.2 Vacant 0.6 Water/ROW N/A Total 708.3 Figures 2-2 and 2-3 put these values into perspective by showing that although SFR parcels account for 84 percent of the total number of parcels in the Village, they account for just 48 percent of the IA.3 Condominium complexes and their common areas comprise just 3 percent of the parcels but contain 19 percent of the IA. Commercial parcels also tend to be larger and typically have more IA. As shown in the figures below, although only 5 percent of the parcels are classified as commercial, they contain 19 percent of the IA. 3 Single-Family parcels were assumed to have 5,550 square feet of impervious area each for the purposes of this estimate. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Estimate of Village of North Palm Beach Total Impervious Area and Distribution by Property Use 2-6 Figure 2-2: North Palm Beach Parcel Distribution by General Property Use Class Figure 2-3: North Palm Beach Impervious Area Distribution by General Property Use Class SINGLE FAMILY RESIDENTIAL 84% CONDOMINIUM 3% MULTIFAMILY RESIDENTIAL 5% COMMERCIAL 5%INSTITUTIONAL 0%MUNICIPAL/ GOVERNMENT 1% UTILITY 0% VACANT 2% WATER/ROW 0% COMMERCIAL 19% CONDOMINIUM 19% INSTITUTIONAL 4%MUNICIPAL/ GOVERNMENT 2% MULTIFAMILY RESIDENTIAL 8% SINGLE FAMILY RESIDENTIAL 48% UTILITY 0% VACANT 0% Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Methods to Calculate Equivalent Residential Unit and Resulting Distribution by Property Type and Use 3-1 3. Methods to Calculate Equivalent Residential Unit and Resulting Distribution by Property Type and Use An Equivalent Residential Unit or ERU is the billing unit commonly used by stormwater utilities to determine the fee customers pay for their share of stormwater services. Stormwater services include both infrastructure operations and maintenance as well as water quality treatment for runoff discharged to surrounding natural bodies of water. An ERU typically represents the average impervious area associated with one or more residential use classes. Once defined, the ERU is applied to service area parcels to determine either a flat fee (in the case of SFR and condominium parcels) or a variable fee (for nonresidential parcels) when impervious area is measured individually for each parcel. The most recent (2018, published biennially) Florida Stormwater Association Survey4 notes that 56 percent of surveyed stormwater utilities base their ERU on SFR parcels only, while 35 percent base it on all residential property types. Depending on the distribution of single and multifamily dwelling units within a given municipality, one method may be preferable to the other. In the case of the Village of North Palm Beach, the number of condominium dwelling units outnumbers single-family residential parcels by nearly 2-to-1. For purposes of this study, an ERU was calculated employing two methods: 1. Method 1: An ERU equals the average IA of SFR parcels 2. Method 2: An ERU equals the weighted average of IA of SFRs and condominiums The ERU calculated for all nonresidential parcels is the ratio of each parcel’s IA to the ERU basis established by the two methods, respectively. Method 1 results in an ERU of 5,550 square feet, and Method 2 results in an ERU of 3,389 square feet. 4 Florida Stormwater Association 2018 Stormwater Utility Survey, p. 17 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Methods to Calculate Equivalent Residential Unit and Resulting Distribution by Property Type and Use 3-2 Table 3-1 shows the distribution of ERUs by property use class for the Village of North Palm Beach under the two ERU calculation methods. Under Method 2, the total number of ERUs is significantly larger because the ERU is based on a smaller IA square footage. As a result, nonresidential properties would be assigned larger ERU values then under Method 1. Condominium units, despite being associated with a much smaller IA footprint than SFR parcels, would be assigned the same ERU value. Specifically, under Method 2, a total of 4,755 ERUs are allocated to the 98 parcels containing the 4,755 condominium units, whereas under Method 1, those same condominium units are assigned only 1,052 ERUs. As will be shown in Section 5, the reallocation of ERUs would also impact the cost burden of the Stormwater Program borne by the property use classes. Table 3-1: ERU Allocations Under Alternative Methods 1 Condominium Average IA/SFR Average IA; See Table 2-4 Method 1 Method 2 Property Use Class Total Ft2 of IA Total ERU Count ERU Method ERU Count ERU Method Single-Family Residential 14,846,250 2,675 1.0 ERU 2,675 1.0 ERU Condominium 5,836,639 1,052 0.22 ERU1 4,755 1.0 ERU Commercial 5,975,907 1,077 Measured IA divided by average SF IA 1,763 Measured IA divided by weighted average SF/Condo IA Institutional 1,291,124 233 381 Municipal/Government 437,258 79 129 Multifamily Residential 2,392,204 431 706 Utility 50,570 9 15 Vacant 25,638 5 8 Total 30,855,590 5,560 10,432 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Projected Stormwater Expenditures Under Alternative Investment Scenarios 4-1 4. Projected Stormwater Expenditures Under Alternative Investment Scenarios For the past decade, the Village has been making repairs as stormwater infrastructure fails and financing water quality treatment through the general fund. The majority of Village stormwater issues appear to be condition based rather than capacity based. The following scenarios were developed for key anticipated costs. Each scenario considers an assumed rate of inflation of 2.5%, based on the average inflation in the United States through the first two months of 2020. For purposes of estimating the annual total revenue requirements to pay for the stormwater management program, this SW Fee Study assumes that the stormwater fee would be billed through the annual property tax bill (See Section 8 on alternative billing options). Accordingly, the financial forecast includes a 4.0 percent uncollected revenue premium, accounting for the 4 percent Palm Beach County early payment discount given for non-ad valorem assessment payments.5 Estimates also include the Palm Beach County administrative fee of 1.0 percent of revenue collected for all non-ad valorem assessments. The fee is also calculated without the adjustment as a gauge of how much the Village could spend using an alternative billing mechanism (e.g. third-party billing using an entity such as Seacoast) without increasing the fee beyond that estimated using the property tax bill. In addition, cost estimates under Scenarios 3 and 4 include a 30 percent contingency premium to account for uncertainty. • Scenario 1: Status Quo with Asset Videoing and Cleaning – o Repairs made as infrastructure fails, resulting in an estimated cost of $87,543 per year.6 o Drainage Systems Data Collection and Asset Management System Resolution ($114,439) is implemented7. • Scenario 2: Scenario 1 Plus Additional Conveyance Rehabilitation and Maintenance Program Based on FY2020 Budget Estimate o Scenario 1, as well as rehabilitation and maintenance for the rest of the Village’s stormwater assets. o The annual cost for the stormwater drainage systems continuing maintenance is set to the $275,000 (FY 2020 Budget), minus the cost of asset videoing and cleaning ($114,439). • Scenario 3: Conveyance Rehabilitation and Maintenance Program Estimated Based on Asset Materials and Age o As with Scenario 2, it is assumed that emergency repairs will diminish over time. 5 While the Village has not yet selected a method of collection, these discounts are used in the example to provide a co nservative cost per ERU estimate. 6 Cost of repairs approved by the Village Council for FY 2020, obtained from the Village. 7 All dollar values converted to 2019 dollars utilizing the Bureau of Labor Statistics published Consumer Price Index tables available online here: https://data.bls.gov/timeseries/cuur0000sa0?series_id=cwur0000sa0 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Projected Stormwater Expenditures Under Alternative Investment Scenarios 4-2 o Line 100 percent of corrugated metal pipe (CMP) linear footage over the next five years at an estimated cost of approximately $37,300 ($98 per linear foot) with the following assumption: ▪ CMP systems are “minor facilities” according to FDOT8 with a Design Service Life (DSL) standard of 50 years. The largest proportion (86%) of corrugated metal pipe in the Village’s system, as estimated in the preliminary study, is at least 50 years old. o Line 50 percent of reinforced concrete pipe (RCP) built before 1968 over the next 10 years at an estimated cost of approximately $278,000 ($165 per linear foot) with the following assumption: ▪ Half of RCP systems are “minor facilities” with an FDOT DSL standard of 50 years and the other half are “major facilities”9 with an FDOT DSL standard of 100 years. • Scenario 4: Scenario 3 Plus Swale Rehabilitation CIP o In addition to Scenario 3, a swale rehabilitation program cost was developed using cost estimates obtained for a similar program with the following details: ▪ Rehabilitate 5 percent of the swale linear footage per year for the next twenty years, at an estimated annualized cost of $349,000 or about $32 per linear foot. ▪ Note: This estimate is in line with the range of approximately $9 to $55 per linear foot noted by the Florida Department of Transportation (FDOT).10 These cost data were combined with the ERU allocations developed in Section 3 to calculate the required monthly stormwater fee billing rate for each of the above scenarios. As the Village learns more about the needs of its system through the implementation of CCTV inspections, scenarios may be updated to more precisely budget for those needs. Table 4-1 through Table 4-411 show the resulting estimated stormwater management costs and billing rates needed to cover each scenario costs for FY2021 through FY2025. Each scenario includes a line item for revenue requirements and monthly estimated stormwater fee per ERU both with and without Palm Beach County property tax roll administrative fees and potential early payment discounts to show the magnitude of variance.12 For example, the FY2021 Scenario 1 charge per ERU would be at least $5.65, 8 “A minor facility is permanent construction such as minor collectors, local streets and highways, and driveways, provided culvert cover is less than 10 feet. Additionally, this category may be called for at the discretion of the District Drainage Engineer where pipe replacement is expected within 50 years or where future replacement of the pipe is not expected to impact traffic or require extraordinary measures such as sheet piling.” FDOT DDG, January 2019, p 517 9 “A major facility is any permanent construction of urban and suburban typical sections and limited-access facilities. Urban facilities include any typical section with a fixed roadside traffic barrier, such as curb or barrier wall. Additionally, rural typical sections with greater than 1,600 annual average daily traffic (AADT) are included in this category.” FDOT DDG, January 2019, p 517 10 Florida Department of Transportation Best Practices for Stormwater Runoff Designer and Review Manual FDOT, April 2015. p. 44 Converted to 2020$. Available online: http://www.fdot.gov/maintenance/RDW/BestMaintPracticesSWRunoff.pdf 11 Note: Calculations in Tables 4-1 through 4-4 account for an assumed annual interest rate of 2.5%. 12 Taxes paid prior to due data are given a 4% discount. With an added 1% administrative fee for processing tax bills, the net discount is 3%. The calculations assume all parcels would receive the discount. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Projected Stormwater Expenditures Under Alternative Investment Scenarios 4-3 assuming Seacoast administrative fees are not less than the fees associated with implementing a non-ad valorem tax assessment. We note that because the billing method has not yet been selected, the raw stormwater fee is presented to show the baseline charge upon which any administrative/billing fees would need to be added to cover the full cost of the program. Table 4-1: Scenario 1 – Status Quo Stormwater Plan with Asset Videoing and Cleaning Stormwater Program FY2021 FY2022 FY2023 FY2024 FY2025 NPDES Permitting 15,000 15,375 15,759 16,153 16,557 Emergency Repairs 87,543 89,732 91,975 94,274 96,631 Public Works Administration (1/3 Budgeted Salary and Benefits) 116,740 124,328 132,409 141,016 150,182 Contractual Costs of Consultant 25,000 25,000 25,000 25,000 25,000 Asset Videoing and Cleaning 114,439 117,300 120,233 123,239 126,320 Required Revenue Subtotal 358,722 371,735 385,376 399,682 414,690 Uncollected Revenue (4.0% for early payment discount) 14,349 14,869 15,415 15,987 16,588 County Tax Roll Administrative Fee (1.0% of collected revenue) 3,587 3,717 3,854 3,997 4,147 Required Revenue After Discount & Admin Fee 376,658 390,321 404,645 419,666 435,424 Monthly Stormwater Fee per ERU (Residential billed for 1 ERU) $5.65 $5.85 $6.07 $6.29 $6.53 Raw SW Fee WITHOUT discounts/tax fees $5.38 $5.57 $5.78 $5.99 $6.22 Table 4-2: Scenario 2 – Scenario 1 Plus Pipe Rehabilitation and Maintenance Program Based on FY2020 Budget Estimate Stormwater Program FY2021 FY2022 FY2023 FY2024 FY2025 NPDES Permitting 15,000 15,375 15,759 16,153 16,557 Emergency Repairs 87,543 89,732 51,250 25,625 26,266 Public Works Administration (1/3 Budgeted Salary and Benefits) 116,740 124,328 132,409 141,016 150,182 Contractual Costs of Consultant 25,000 25,000 25,000 25,000 25,000 Asset Videoing and Cleaning 114,439 117,300 120,233 123,239 126,320 Pipe Rehabilitation and Maintenance 160,561 164,575 168,689 172,906 177,229 Revenue Subtotal 519,283 536,309 513,340 503,939 521,553 Uncollected Revenue (4.0% for early payment discount) 20,771 21,452 20,534 20,158 20,862 County Tax Roll Administrative Fee (1.0% of collected revenue) 5,193 5,363 5,133 5,039 5,216 Required Revenue After Discount & Admin Fee 545,247 563,125 539,007 529,136 547,631 Monthly Stormwater Fee per ERU (Residential billed for 1 ERU) $8.17 $8.44 $8.08 $7.93 $8.21 Monthly SW Fee WITHOUT discounts/tax fees $7.78 $8.04 $7.69 $7.55 $7.82 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Projected Stormwater Expenditures Under Alternative Investment Scenarios 4-4 Table 4-3: Scenario 3 – Pipe Rehabilitation and Maintenance Program Estimated Based on Asset Materials and Age Stormwater Program FY2021 FY2022 FY2023 FY2024 FY2025 NPDES Permitting 15,000 15,375 15,759 16,153 16,557 Emergency Repairs 87,543 89,732 51,250 25,625 26,266 Public Works Administration (1/3 Budgeted Salary and Benefits) 116,740 124,328 132,409 141,016 150,182 Contractual Costs of Consultant 25,000 25,000 25,000 25,000 25,000 Asset Videoing and Cleaning 114,439 117,300 120,233 123,239 126,320 Corrugated Metal Pipe Rehabilitation CIP 37,286 38,218 39,173 40,153 41,156 Reinforced Concrete Pipe Rehabilitation CIP 276,658 283,575 290,664 297,931 305,379 Revenue Subtotal 672,666 693,527 674,489 669,116 690,860 Uncollected Revenue (4.0% for early payment discount) 26,907 27,741 26,980 26,765 27,634 County Tax Roll Administrative Fee (1.0% of collected revenue) 6,727 6,935 6,745 6,691 6,909 Required Revenue After Discount & Admin Fee 706,300 728,204 708,213 702,572 725,403 Monthly Stormwater Fee per ERU (Residential billed for 1 ERU) $10.59 $10.92 $10.62 $10.53 $10.87 Monthly SW Fee WITHOUT discounts/tax fees $10.08 $10.40 $10.11 $10.03 $10.36 Table 4-4: Scenario 4: Scenario 3 Plus Swale Rehabilitation CIP Stormwater Program FY2021 FY2022 FY2023 FY2024 FY2025 NPDES Permitting 15,000 15,375 15,759 16,153 16,557 Emergency Repairs 75,235 77,116 51,250 25,625 26,266 Public Works Administration (1/3 Budgeted Salary and Benefits) 105,684 112,025 118,747 125,871 133,424 Contractual Costs of Consultant 100,000 25,000 25,000 25,000 25,000 Asset Videoing and Cleaning 122,000 125,050 128,176 131,381 134,665 Corrugated Metal Pipe Rehabilitation CIP 36,097 36,999 37,924 38,873 39,844 Reinforced Concrete Pipe Rehabilitation CIP 267,838 274,534 281,398 288,433 295,644 Swale Rehabilitation 337,988 346,438 355,099 363,977 373,076 Revenue Subtotal 1,059,843 1,012,538 1,013,354 1,015,312 1,044,476 Uncollected Revenue (4.0% for early payment discount) 42,394 40,502 40,534 40,612 41,779 County Tax Roll Administrative Fee (1.0% of collected revenue) 10,598 10,125 10,134 10,153 10,445 Required Revenue After Discount & Admin Fee 1,112,835 1,063,165 1,064,021 1,066,078 1,096,699 Monthly Stormwater Fee per ERU (Residential billed for 1 ERU) $16.68 $15.94 $15.95 $15.98 $16.44 Monthly SW Fee WITHOUT discounts/tax fees $15.89 $15.18 $15.19 $15.22 $15.66 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Estimated Stormwater Fee per ERU and Distribution of Costs by Property Use Under Alternative ERU Calculation Methods 5-1 5. Estimated Stormwater Fee per ERU and Distribution of Costs by Property Use Under Alternative ERU Calculation Methods Stormwater management costs are allocated based on the method used to establish the ERU definition and the how the resulting ERUs are distributed across the property use classes. For the purposes of this study the two methods described in Section 3 were evaluated to assess the impact on the financial burden borne by each property use category or customer class. Method 1, which was used to calculate the monthly per ERU charges in Tables 4-1 through 4-4, uses the average SFR IA as the ERU. SFR parcels are assigned a uniform ERU value and fee regardless of individual parcel size or impervious area. All other property use classes are assigned an ERU value based on the ratio of their actual IA compared to the average SFR IA. Applying a uniform rate to property use classes with relatively invariable property development and that comprise large proportion of land parcels simplifies the program and reduces administrative costs, although it could present an equity issue in jurisdictions where there are significant differences in parcel sizes and impervious area ratios. As detailed in Section 3, Method 2 calculates the ERU based on the weighted average of IA for SFRs and condominium units. Under this approach, a single ERU is based on an IA of 3,389 square feet instead of 5,550 square feet. The number of ERUs allotted to SFRs would be unchanged because each SFR parcel would still be assigned 1 ERU. ERUs assigned to condominiums and other property use parcels would necessarily increase because a single ERU would be based on a smaller IA. Under Method 1, for example, in FY2021 condominium units would pay on average $1.25 per month (Scenario 1); under Method 2, the average per monthly fee would rise to $3.01. A comparison of the estimated monthly stormwater fees per ERU for each Scenario (Section 4) and Method (Section 3) is shown in Table 5-1: Table 5-1 Monthly ERU Costs and Savings for Two ERU Calculation Methods Single-Family Residential Condominiums Method 1 Method 2 Method 1 Method 2 Scenario 1 $5.65 $3.01 $1.25 $3.01 Scenario 2 $8.17 $4.36 $1.81 $4.36 Scenario 3 $10.59 $5.64 $2.34 $5.64 Scenario 4 $16.68 $8.89 $3.69 $8.89 The overall shift in cost burden from SFR parcels under Method 2, is shown in the Figures 5-1 and 5-2. The share of stormwater fee burden for condominiums increases from 19% to 45%, while the contribution from SFRs decreases from 48% to 26%. The relative total share for other property use classes decreases slightly although the absolute fees for individual parcels would on average increase. The dramatic shift in cost burden to condominiums under Method 2, appears to be misaligned with the proportion of condominium land parcel IA comprising the Village’s total IA. Therefore, Method 1 achieves greater equity by creating two flat fee categories for the two most common and homogenous property classes (SFR and Condominium), with each SFR parcel assigned 1 ERU and each condominium unit assigned a proportional fraction of the ERU based on SFR average IA. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Estimated Stormwater Fee per ERU and Distribution of Costs by Property Use Under Alternative ERU Calculation Methods 5-2 Figure 5-1: Share of Stormwater Fee Burden: Method 1 Figure 5-2: Share of Stormwater Fee Burden: Method 2 SINGLE FAMILY RESIDENTIAL 48% CONDOMINIUM 19% COMMERCIAL 19% INSTITUTIONAL 4% MUNICIPAL/ GOVERNMENT 2% MULTIFAMILY RESIDENTIAL 8% UTILITY 0% VACANT 0% SINGLE FAMILY RESIDENTIAL 26% CONDOMINIUM 45% COMMERCIAL 17% INSTITUTIONAL 4% MUNICIPAL/ GOVERNMENT 1% MULTIFAMILY RESIDENTIAL 7% UTILITY 0% VACANT 0% Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Incorporating Credits into a Stormwater Utility Fee Program 6-1 6. Incorporating Credits into a Stormwater Utility Fee Program 6.1 Overview of Stormwater Credits and Participation Rates Providing credits or fee discounts to stormwater utility customers who reduce their stormwater runoff is an increasingly common element of stormwater utility fee programs. Black & Veatch’s (B&V) 2018 nationwide survey of stormwater utilities reported that more than 50 percent of respondents provide credits for managing volume, water quality, and/or peak flow reduction. Similarly, most respondents to the 2019 Southeast Stormwater Association (SeSwA) Survey also provided credits for implementing stormwater best management practices (BMPs). However, both surveys found that credit program structures, eligibility, and size of discounts or credits provided vary substantially. About 46 percent of the respondents to the B&V survey offered credits only to nonresidential accounts while 54 percent made all land parcels eligible. Most credit programs provide continuing fee discounts for specific types of management practices although some utilities provide one-time subsidies for installation of a structural BMP such as a rain barrel. For example, St. Petersburg, FL has recently announced it will offer rebates to single-family residential customers who install rainwater catchment devices that help conserve water and reduce rainwater runoff.13 For programs that offer ongoing discounts, the amount of maximum credit varies significantly. Although 42 percent of the B&V respondents set a credit limit of 25%-50% per parcel, 34% of the programs provide credits up to 75%, and 21% of the utilities offer credits of more than 75%. In establishing BMP credits, a utility must create a balance between providing sufficiently large credits to elicit participation and ensuring that the revenue reduction does not exceed the value of the credits provided. It is important to note that although stormwater credit programs are becoming increasingly more common and now are offered by a majority of utilities, participation rates remain relatively low. For the 86 percent of the B&V Survey respondents that have a credit program, only 1-5 percent of the eligible parcels participate. For the SeSwA survey, the average participation rate was just 3 percent. 6.2 Credit Program Considerations Programs Credit programs are justified because they reduce the stormwater fee imposed on a parcel commensurate with the decrease in demand placed on the system by that parcel when a best management practice is implemented. Parcel owners are incentivized to control stormwater runoff at the source, which reduces system and environmental loads and the level of service required to maintain water quality of environmental water bodies. These benefits to the system should be passed on to the implementer. However, the BMPs that a parcel owner implements are only of value if they are properly maintained; otherwise their efficacy will diminish over time and the owner would receive unwarranted credits. 13 Introducing: St. Petersburg’s Rainwater Rebate Program, City of St. Petersburg, FL, available online: http://www.stpete.org/internal-news-detail_T2_R1150.php (accessed April 29, 2020) Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Incorporating Credits into a Stormwater Utility Fee Program 6-2 In implementing a credit program, the utility must be cognizant that its potential revenues will be reduced, requiring that the charge per ERU be increased to collect the revenue requirement. In addition, while providing credits for implementing BMPs may enhance the perception of equity and fairness in cost recovery, it also shifts the associated revenue loss recovery to non-participating customers. Accordingly, if eligibility is offered to only nonresidential land parcels, more of the program’s cost burden will be shifted to residential customers, although the magnitude will depend on the participation rate and the size of the offered credits. In sum, credit programs need to be structured to balance the revenue needs of the utility with the overall goal of ensuring the fee charged to the system’s users is as equitable and affordable as possible. 6.3 Evaluated Scenarios for the Village of North Palm Beach and Financial Impacts It is recommended that the Village of North Palm Beach implement a credit program that includes eligibility for all property use classes provided they meet the program requirements for reducing stormwater runoff. The credits allotted to a specific parcel should be based on the type of st ructural BMP implemented which would correspond to volume and peak flow reduction. It is recommended that a maximum credit of 75% be established and that after a 3-year period, the land parcel owner must submit a renewal application. Renewal of the credit voucher should require an inspection to ensure that the BMP is being properly maintained. Appendix A of this report details the major elements of the recommended credit program including the application process, eligible BMPs, potential size of credits allotted by BMP type, and procedures for renewing credits. As noted above, incorporating a credit program will have financial consequences; the greater the participation rate, the greater the reduction in revenue generated by the stormwater fee. Accordingly, the fee per ERU will have to increase commensurate with the reduction in revenue. Because this would be the inaugural program for North Palm Beach, it is difficult to confidently forecast future participation rates and the resulting fee adjustment necessary to cover potential shortfalls in revenue. For the purposes of this report, a range of credit program participation rates similar to participation rates elsewhere was used to gauge the potential impacts to the baseline fee (no credit program) presented in the Section 4. Specifically, the monthly per ERU fee of $5.65 for FY2021 is used as the baseline fee from which credit program participation would increase. Three Participation Scenarios were selected to estimate potential impacts on the baseline monthly ERU fee. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Incorporating Credits into a Stormwater Utility Fee Program 6-3 Table 6-1: Credit Program Potential Impacts on Stormwater Utility Fees Projected Monthly ERU Fee FY2021 Participation Scenario Description All Billable Parcels Low Participation Scenario 3% of all parcels receive credit averaging 50% of fee 5.73 Moderate Participation Scenario 3% of SFR parcels and 10% of all other parcels receive credit averaging 50% of Fee 5.84 High Participation Scenario 3% of SFR parcels and 20% of all other parcels receive credit averaging 50% of fee 6.04 As shown in Table 6-1, a credit program would likely have only a minor impact on monthly fees given that the participation rate is likely to fall in line with regional participation rates of about 3%. In the scenarios above, there is only a 4% difference in the monthly ERU fee between the lowest participation rate scenario and the highest participation rate scenario. The highest participation rate scenario would result in a monthly ERU fee about 6 percent above the baseline fee of $5.65. The mid-level participation rate would increase the fee by about 3.4%. The mid-level and high participation scenarios would also shift the cost burden to SFR parcels, because their participation rates would remain unchanged from the low participation scenario while parcels in the other property use categories would receive more credits as their participation rates would increase. However, the burden shift would be slight, with the SFR cost burden share rising from about 48% to 50% of the total. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Comparison of Projected Stormwater Fee with other Florida Utilities 7-1 7. Comparison of Projected Stormwater Fee with other Florida Utilities Every two years the Florida Stormwater Association (FSA) publishes a summary report based on a survey sent to stormwater utilities located within the State of Florida. This report may be used as an industry benchmarking tool for the implementation of potential stormwater fees. The average monthly stormwater utility rate among responding Florida stormwater jurisdictions was $7.80 according to the FSA 2018 Stormwater Utility Report.14 In comparison with Palm Beach County stormwater jurisdictions, the City of Lake Worth is $6.30 while the City of West Palm Beach is $13.57 per month. Figure 7-1 shows the number of Florida stormwater jurisdictions by monthly stormwater fee per stormwater unit in two-dollar increments. Most Florida stormwater jurisdictions charge a monthly fee between $3.25 and $9.25. Scenario 1 estimates an average monthly fee of up to $6.00 (under the high credit participation rate scenario), falling almost to the mid-point of these monthly stormwater fee charges. Figure 7-1: Histogram of Florida Stormwater Jurisdictions by Monthly Fee Range (data reflective of 2018 FSA survey respondents reporting both a stormwater rate and unit size) 14 Florida Stormwater Association 2018 Stormwater Utility Report, p. 12 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Alternative Billing Methods 8-1 8. Alternative Billing Methods There are two main methods for stormwater fee collection that are typical among municipal stormwater utilities in Florida. The first is to include stormwater management charges as a separate fee on an existing utility bill. A second is to utilize the uniform method for non-ad valorem assessments and place stormwater utility fees on the county tax bill. A third but uncommon method is for the municipality to develop the infrastructure for billing and collecting stormwater fees on its own. This method is not typically used or recommended due to the cost prohibitive nature of the requisite infrastructure and personnel requirements to implement. According to the Florida Stormwater Association 2018 Stormwater Utility Report, 66 percent of utilities collect revenue through a user fee on a water/wastewater utility bill, while 29 percent do so through the second most common method, non-ad valorem or special assessments.15 The uniform method of collection for non-ad valorem assessments is expressly permitted for stormwater fees in Florida Statute 403.0893. The use of the tax bill has been steadily gaining popularity in Florida over the past dozen years due to the ease and relatively low cost of implementation as well as the almost 100% collection rate. Water and sewer services within the Village are provided by the Seacoast Utility Authority, which bills customers directly using its own billing system. Should the Village choose to collect stormwater fee revenue via the existing utility bill, it would need to enter a contractual arrangement with Seacoast to add stormwater fees to its billing system. Such an arrangement would likely entail a billing services fee that would be paid to Seacoast by the Village. In initial communication with Seacoast Utility Authority, indication was that its charter is not set up to allow for the billing and collection of stormwater utility fees, but future changes to the charter might be possible should the Village decide to pursue this billing method. Table 8-1 provides a side-by-side comparison between utility bill and non-ad valorem assessment billing options. Table 8-1: Comparison of Billing Options Utility Bill Non-ad Valorem Assessment Collected monthly on the Seacoast Utility Authority water/sewer bill Collected annually on county property tax bill Requires special billing and customer list development for non-water/sewer customers Assessment roll simpler to maintain as parcel development can be linked to building permit process; Property Appraiser Use Code changes can be automatically integrated into the assessment roll Collection enforcement typically via discontinuance of service Highest rate of collection (tax lien, tax certificates not dependent on customers of a service) Most flexible if changes are needed/required Compliance with specific statutory process required Fees can be updated anytime Can only be updated annually Assignment of fee to some customers may be less straight forward Strong correlation of parcel data to County tax bill database 15 Florida Stormwater Association 2018 Stormwater Utility Report, p. 10 Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Alternative Billing Methods 8-2 Utility Bill Non-ad Valorem Assessment All utility customers are in billing system (with the exception of public schools) Some parcels may be exempt from non-ad valorem assessments Agreement with Seacoast Utility Authority required, including administrative and billing fees County Tax Collector fee typically 1% of collected revenue; non-ad valorem assessments subject to early tax bill payment discount of up to 4% The key advantages to collecting stormwater charges as a non-ad valorem assessment on the County property tax bill include: • 1-to-1 relationship between parcel-based ERUs and County tax accounts; special accommodation of parcels with multiple tenants is not required. • Condominium unit owners are billed directly rather than through an owner’s association. • Relatively simple billing and collection handled by the Property Appraiser and Tax Collector’s offices. • Near 100% collection rate on all assessments levied. • Disincentive to default is a deterrent to all customers, not just those who use water/sewer services. • Captures all properties, not just those with active water/sewer utility accounts. The key disadvantage of using the property tax bill for stormwater charge collection is that government properties might be exempt, and will not be obligated to pay special assessments, leading to potential lost revenue from properties owned by the Federal Government. Regardless of method, the Palm Beach County School District is exempt from stormwater fees. Considering the Village’s lack of current water and wastewater billing infrastructure, and that Seacoast’s Charter does not provide for the addition of a stormwater fee to its billing cycle, it is recommended that a stormwater fee be added as part of the non-ad valorem assessment on the property tax bill both for cost effectiveness and ease of implementation. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Conclusions and Recommendations 9-1 9. Conclusions and Recommendations Implementing a stormwater fee would provide Village of North Palm Beach with a reliable and predictable revenue stream to fund its ongoing stormwater management program. It would remove the uncertainty associated with the current budgeting process that is vulnerable to unpredictable funding allocations independent of the program’s actual needs. A stormwater fee would also directly link each of the Village’s land parcels with their impact on the stormwater system’s capital and operations and maintenance costs. The recommended fee structure is based on a uniform fee for all SFR and condominiums with each SFR parcel assigned 1 ERU and each condominium unit assigned 0.22 ERU. One ERU contains 5,550 square feet of IA, as determined by assessing orthoimagery for a statistically significant sample of SFR parcels. Condominium units would also pay the same ERU fraction of 0.22 based on average square footage of IA associated with all condominium units in the Village. All other parcels would be assigned an ERU value that is the ratio of that parcel’s measured IA divided by 5,550 square feet (definition of the ERU).. The SW Fee Study also estimated the Village’s stormwater program’s annual cost from FY2021-FY2025 based on four Level of Service Scenarios. The Scenario 1 Level of Service would entail continuing with the status quo stormwater plan while adding asset videoing and cleaning at an estimated FY2021 cost of approximately $360,000. It is recommended that the Village, at least for the first year, implement the Scenario 1 Level of Service. This approach will allow the Village residents and businesses to adapt to the new stormwater fee and the revenue will be sufficient to maintain the current infrastructure and begin planning future renewal and replacement investments. The Village can then adopt a higher level of service if and when it determines it appropriate to meet future stormwater management and environmental objectives. Assuming that the Village would use the annual property tax bill as the mechanism for billing the stormwater fee, the baseline monthly per ERU fee would be $5.65. Finally, it is recommended that the stormwater fee program include a credit program that would provide discounts to owners of land parcels who implement BMPs in accordance with credit program policies. All land parcels would be eligible for credits and a maximum credit of 75% would be established. National experience with credit programs is that relatively few parcel owners participate with an average of only 1-5 percent of land parcels receiving credits according to recent stormwater utility surveys conducted by Black and Veatch and the Southeast Stormwater Association. Accordingly, it is anticipated that a Village of North Palm Beach credit program would elicit a relatively low participation rate as well, perhaps even more so in the early years of implementation. Because, a credit program necessarily reduces the number of ERU’s to which the annual costs can be allocated, a credit program would raise the monthly fee per ERU. It is recommended that the Village set the FY2021 ERU monthly fee at $5.84 assuming 3% SFR participation and a 10% participation rate for all other land parcels. The stormwater fee would be about 3.4 percent above the monthly fee without a credit program and the shift in cost burden to SFRs would be slight. Village of North Palm Beach May 27, 2020 Stormwater Utility Study Draft Report | Appendix A: Stormwater Utility Fee Credit Policy A-1 Appendix A: Stormwater Utility Fee Credit Policy Note: Credit manual to be finalized after workshop presentation. VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: J.D. Armstrong, Fire Chief DATE: June 24, 2021 SUBJECT: RESOLUTION - Approval of an Interlocal Agreement with the Palm Beach County Board of County Commissioners for an EMS Grant Award to Purchase one (1) ActivTek Induct 500-12V UV Light with Ozone Ambulance Air Purification System. Village Staff is requesting Village Council approval of an Interlocal Agreement with the Palm Beach County Board of County Commissioners for an EMS Grant in the amount of $763.00 and the approval of the purchase of one (1) ActivTek Induct 500-12V UV Light with Ozone Ambulance Air Purification System. Background: In an effort to reduce exposure to contaminants associated with bacteria and viruses, Fire Rescue wishes to add an air purification system to our ambulance. Funding for this item has been secured through a Palm Beach County EMS Grant Award. Grant Detail: The Palm Beach County Board of County Commissioners has offered a non-matching grant to the Village through the Florida Department of Health, Bureau of Emergency Medical Services Grant Program, in the amount of $763.00 for the purchase of one (1) ActivTek Induct 500-12V UV Light with Ozone air purification system. In order to accept this grant, the Village must approve the attached Interlocal Agreement detailing the terms of the grant award and, in accordance with the terms of the Agreement, purchase of the equipment utilizing Village funds. The County will subsequently reimburse the Village for the funds expended for the air purification system. The attached Resolution and Interlocal Agreement have been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving an Interlocal Agreement with Palm Beach County for the purchase, utilizing grant funds, of one (1) ActivTek Induct 500-12V UV Light with Ozone Air Purification System from ETR, LLC of Sanford, FL with funds expended from Account No. S5812-49001 (EMS Grant Expense) in accordance with Village policies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR THE USE OF GRANT FUNDS FOR EMERGENCY MEDICAL SERVICES EQUIPMENT TO PURCHASE AN AMBULANCE AIR PURIFICATION SYSTEM AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Palm Beach County has offered the Village a non-matching grant through the Florida Department of Health, Bureau of Emergency Medical Services, County Grant Program in the amount of $763.00 to purchase an Activ Tek 500-12V UV Light with Ozone Ambulance Air Purification System; and WHEREAS, the receipt of the grant funds requires the execution of an Interlocal Agreement with the County; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves an Interlocal Agreement with Palm Beach County for the Use of EMS Grant Funds for Emergency Medical Services Equipment, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Agreement on behalf of the Village. The grant funds shall be utilized to purchase an Activ Tek 500-12V UV Light with Ozone Ambulance Air Purification System from ETR, LLC at a total cost of $763.00, with funds expended from Account No. S5812-49001 (EMS Grant Expense). Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, AICP, Director of Community Development DATE: June 24, 2021 SUBJECT: RESOLUTION – Approving First Amendment to Agreement with NZ Consultants, Inc. (FY 2021) The Community Development Department has had vacancies for the Principal Planner and Planner positions periodically for the past few years. The Village has utilized the services of NZ Consultants, Inc. to provide contract services to carry out essential planning and zoning functions during vacancies, dating back to 2018. In order to provide support during a vacancy for the Planner position, on February 18, 2021, the Village Manager executed a new Agreement with NZ Consultants, Inc. for Current and Long- Range Planning Services in accordance with the terms, conditions and pricing established in an existing, competitively bid Professional Services Agreement with the City of Lake Worth Beach. The total compensation paid pursuant to the Agreement was capped at $25,000. That amount has been exceeded by approximately $15,000. Staff is requesting Village Council approval of a First Amendment to the Agreement to increase the total compensation to $50,000.00. This will cover services already provided and leave a cushion for additional services in FY 2021, if needed. In accordance with the Village’s purchasing policies and procedures, contracts in excess of $25,000 require Village Council approval. The additional cost will be paid for using salary and benefit savings from the vacant positions. The Planning Division will still be within its FY 2021 budget with this request. Account Information: Fund Department Division Account Number Account Description General Fund Community Development Planning A5206-33190 Professional Services The attached Resolution and First Amendment have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council consideration and approval of the attached Resolution approving a First Amendment to the Agreement with NZ Consultants, Inc. to increase the amount of compensation from $25,000 to $50,000, with funds expended from Account No. A5206-33190 (Planning – Professional Services), and authorizing the Mayor and Village Clerk to execute the First Amendment in accordance with Village policies and procedures. RESOLUTION 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A FIRST AMENDMENT TO AN AGREEMENT WITH NZ CONSULTANTS, INC. FOR CURRENT AND LONG-RANGE PLANNING AND ZONING SERVICES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR SERVICES BETWEEN NZ CONSULTANTS, INC. AND THE CITY OF LAKE WORTH BEACH AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE FIRST AMENDMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 18, 2021 the Village Manager executed an Agreement for Current and Long- Range Planning and Zoning Services with NZ Consultants, Inc. in accordance with the terms, conditions, and pricing established in an existing competitively bid contract between NZ Consultants, Inc. and the City of Lake Worth Beach; and WHEREAS, the Agreement established a maximum compensation not to exceed $25,000; and WHEREAS, the Village is in need of additional planning and zoning services, and the parties have agreed to increase the maximum amount of compensation to $50,000: and WHEREAS, the Village’s purchasing policies and procedures require that contracts in excess of $25,000 be approved by the Village Council; and WHEREAS, the Village Council determines that the approval of the First Amendment to the Agreement is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a First Amendment to the Agreement for Services with NZ Consultants, Inc. for Current and Long-Range Planning and Zoning Services, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the Village. The total compensation paid pursuant to the Amendment shall not exceed $50,000, with funds expended from Account No. A5206-33190 (Planning – Professional Services). Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 2 FIRST AMENDMENT TO AGREEMENT FOR SERVICES This First Amendment is made as of the ____ day of __________________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida, 33408, a Florida municipal corporation ("VILLAGE"), and NZ CONSULTANTS, INC., 1851 W. Indiantown Road, Suite 100, Jupiter, FL 33458, a Florida corporation ("CONTRACTOR"), whose Federal I.D. No. is 27-0681325. RECITALS WHEREAS, the VILLAGE and CONTRACTOR entered into an Agreement for Services dated February 18, 2021 (“Agreement”) whereby CONTRACTOR agreed to provide Current and Long- Range Planning Services in accordance with the terms, conditions and pricing established in an existing, competitively bid Professional Services Agreement between CONTRACTOR and the City of Lake Worth Beach; and WHEREAS, the Agreement provided for a total compensation of $25,000, and the VILLAGE is in need to additional planning services; and WHEREAS, CONTRACTOR has agreed to provide these additional planning services at the terms, conditions and pricing previously established, and the parties wish to amend the Agreement to increase the total compensation. NOW THEREFORE, in consideration of the mutual promises set forth herein and the Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties hecreto agree as follows: 1. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. Section 5 of the Agreement is hereby modified to increase the total compensation to $50,000.00. 3. All other provisions of the Agreement, to the extent not expressly modified herein, shall remain in full force and effect. [Remainder of page intentionally blank – signatures on next page] Page 2 of 2 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first above written. VILLAGE OF NORTH PALM BEACH By: Darryl Aubrey, Mayor (VILLAGE SEAL) ATTEST: Jessica Green, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Leonard G. Rubin, Village Attorney NZ CONSULTANTS, INC. By: Nilsa Zacarias, President VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council FROM: Andrew D. Lukasik, Village Manager DATE: June 24, 2021 SUBJECT: RESOLUTION – Adoption of the International Holocaust Remembrance Alliance Working Definition of Antisemitism The Village Council requested, in response to correspondence from the American Jewish Committee (AJC) Palm Beach County, that a resolution be prepared to adopt the International Holocaust Remembrance Alliance’s Working Definition of Antisemitism as an educational tool and denouncing hate crimes against Jews and antisemitism in all forms. Laurence Milstein, Regional Director, AJC Palm Beach County, provided the Village Council with the following information regarding the working definition: “The Village Before the current COVID-19 pandemic, violent antisemitism was already rising in the United States. In Florida, antisemitic incidents increased 20% in 2019 compared to 2018. The largest increases were seen in Miami-Dade, Broward, and Palm Beach Counties. These incidents included vandalism and antisemitic harassment. In Boca Raton, a company’s Instagram account was hacked and antisemitic images were forwarded to clients, which included a synagogue. Now, during the pandemic, antisemitic conspiracy theories are increasing and spreading online. We believe the problem is one that education and smart policy can help alleviate. Therefore, in addition to joining the USCM-AJC statement against antisemitism, we are urging cities across the country to endorse the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism as an educational tool to train educators, law enforcement agents, and civil society at large on what antisemitism is (and what it is not) and how it manifests in our societ y today. If we can better define it, we’ll be able to more effectively fight it. American Jewish Committee (AJC) played a vital role in the creation of this definition almost two decades ago. Today, it is the international and Jewish communities’ authoritative definition of antisemitism. It has been endorsed by dozens of governments around the world, by multilateral organizations such as the European Parliament and the Organization of American States (OAS), by the U.S. Departments of State, Justice, and Education, and by the State of Florida. Closer to home, Palm Beach Gardens, Juno Beach, Jupiter Inlet Colony, Miami, Miami Beach, Doral, Miami-Dade County, and Coral Gables have all adopted the definition.” The attached Resolution has been prepared by the Village Attorney. Recommendation: Village Staff recommends Council consideration and approval of the attached resolution adopting the International Holocaust Remembrance Alliance Working Definition of Antisemitism Page 1 of 3 RESOLUTION 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RECOGNIZING THE GROWING PROBLEM OF ANTISEMITISM IN AMERICA, ADOPTING THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE WORKING DEFINITION OF ANTISEMITISM AS AN EDUCATIONAL TOOL AND DENOUNCING HATE CRIMES AGAINST JEWS AND ANTISEMITISM IN ALL ITS FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach seeks to promote an inclusive environment; and WHEREAS, antisemitism, including harassment on the basis of actual or perceived Jewish origin, ancestry, ethnicity, identify, affiliation or faith remains a persistent, pervasive and disturbing problem in American society; and WHEREAS, Jews continue to be a targeted minority in the United States victimized by incidents of hate, and such incidents are increasing in an alarming rate; and WHEREAS, the deadliest attack against the American Jewish community took place on October 27, 2018 at the Tree of Life Synagogue in Pittsburgh, Pennsylvania, killing eleven worshipers and injuring several more; and WHEREAS, Florida has seen a twenty percent increase in antisemitic incidents in 2019, with the largest increases in Miami-Dade, Broward and Palm Beach Counties; and WHEREAS, the International Holocaust Remembrance Alliance (IHRA) has adopted the following working definition of antisemitism, which has become the internationally recognized authoritative definition for use by governments and international organizations: Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities; and WHEREAS, contemporary examples of antisemitism in public life, the media, schools, the workplace and in the religious sphere could, taking into account the overall context, include the following:  Calling for, aiding or justifying the killing or harming of Jews in the name of a racial ideology or an extremist view of religion;  Making mendacious, dehumanizing, demonizing or stereotypical allegations about Jews as such or the power of Jews as a collective – such as, but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions; Page 2 of 3  Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews;  Denying the fact, scope, mechanisms (such as the gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust);  Accusing Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust;  Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations;  Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of the State of Israel is a racist endeavor;  Using the symbols and images associated with classic antisemitism (such as claims of Jews killing Jesus) to characterize Israel or Israelis; and  Holding Jews collectively responsible for the actions of the State of Israel; and WHEREAS, criminal acts are antisemitic when the targets of attacks, such as buildings, schools, places of worship and cemeteries, are selected because they are, or are perceived to be, Jewish or linked to Jews; and WHEREAS, antisemitic discrimination is the denial to Jews of opportunities or services available to others and is illegal in many countries; and WHEREAS, the IHRA working definition has proven to be an essential tool used to determine contemporary manifestations of antisemitism; and WHEREAS, in the United States, the IHRA working definition is utilized by various government and law enforcement agencies in monitoring, training and education, including the U.S. Department of State and the U.S. Department of Education. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council adopts the non-legally binding International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism, including the contemporary examples. Section 3. The Village Council hereby denounces and declares a zero tolerance for hate crimes against Jews and antisemitism in all its forms and will ensure that the IHRA working definition of antisemitism is available to Village departments and agencies responsible for addressing antisemitism and other forms of discrimination. Section 4. This Resolution shall become effective immediately upon adoption. Page 3 of 3 PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Environmental Committee MINUTES Anchorage Park Monday, May 3, 2021 6:00 pm 1. Call to Order: Chairperson Marcus called the meeting to order at 6:01 pm. 2. Roll Call: Present: Karen Marcus, Mary Phillips, Shawn Woods, Lisa Interlandi, Camille Carroll, Kendra Zellner, Ellen Allen Also Present: Andy Lukasik, Village Manager; Jeremy Hubsch, Community Development Director 3. The Minutes of the April 5, 2021 regular meeting were approved. 4. Public Comments: a. Old Port Cove Electric Charging Station Committee Member Sheryne Brekus, spoke about the need for charging stations in Old Port Cove. She submitted a request for funding information from the Florida DEP and is waiting for a response. Andy Lukasik mentioned that he has a meeting with FPL this week to discuss installation of charging stations in heavily populated communities and at the Country Club. He will provide an update before the next meeting. 5. Discussion item: a. Balloon and Sky Lantern Ordinance: i. Jupiter Inlet Colony and Village of Tequesta Ordinances were discussed. ii. May 27 Council Meeting: 1. Chairperson Marcus will ask a Loggerhead Marinelife Center representative to attend and conduct a presentation on the effects of balloons, floating balloons and sky lanterns on our sea turtles and other wildlife. 2. Chairperson Marcus called a motion to recommend that Village Council adopt an ordinance similar to the Jupiter Inlet Colony ordinance. 1st and 2nd motions passed unanimously. 3. Andy Lukasik will draft an ordinance for committee approval prior to the Council meeting. 4. Chairperson Marcus will research whether Juno Beach has a similar ordinance. She will provide the information prior to the next Council meeting. iii. Parks and Public Property Signage - signage displaying damage to sea turtles and other wildlife is being considered. iv. Communication - Adoption of the ordinance will be featured in a future newsletter. 2 b. Natural Shoreline Protection: i. Town of Jupiter Ordinance: 1. Prior to tonight’s meeting, Andy Lukasik provided an update from a Town of Jupiter shoreline stabilization presentation and the staff report associated with the ordinance that it eventually adopted. 2. The ordinance addressed failing seawalls that required replacement and a variety of other conditions. 3. There are some good provisions in the ordinance that suit our needs as it relates to the Earman River, which would be a priority. 4. The committee will discuss the ordinance language at the next meeting. ii. Lake Worth Waterkeeper: 1. Lisa Interlandi will contact Lake Worth Waterkeeper, which works to protect and restore the Lake Worth Lagoon and its surrounding waters, to see if one of their representatives can attend the next committee meeting. She will also request that they perform water quality and EPA National Pollutant Discharge Elimination System (NPDES) updates for the Earman River and Lake Worth Lagoon. c. Existing Projects/Programs Updates: i. Ban on Plastics: 1. Business Promotion: a. Farmer’s Table: i. Andy Lukasik mentioned that owner Joey Giannuzzi plans to eliminate more plastic. ii. Communications Manager Ed Cunningham will interview Joey for a future newsletter article. b. The Collective Hair Studio: i. Andy Lukasik will discuss featuring The Collective Hair Studio in Crystal Cove Commons in the June newsletter issue with Ed Cunningham. c. Draft House and Frigates: i. Chairperson Marcus recommended that a committee member meet with and encourage them to use paper straws for a free feature article in the newsletter. ii. Lisa Interlandi offered to show them photos of her polluted canal. iii. Lisa Interlandi recommended that, at minimum, they offer paper straws to those who prefer to use one. d. Publix: i. Chairperson Marcus recommended contacting Publix prior to the next Earth Day to encourage them to use paper bags instead of plastic. e. BurgerFi Headquarters: i. Chairperson Marcus recommended contacting BurgerFi to encourage them to eliminate the use of plastics for a free feature article in the newsletter. 3 ii. Mary Phillips offered to contact them and provide details of the discussion at the next meeting. ii. Residential Code – Hybrid Zoning in Progress/Moratorium: 1. May 13 Village Council Meeting: a. Andy Lukasik mentioned that what will be presented to Council is very conceptual in nature and that no detail discussions with Council have taken place. b. Andy Lukasik also mentioned that Council will want it to address their concerns regarding the character, bulk and mass of new construction and renovation and utilization of impervious surfaces. c. Andy Lukasik mentioned that staff conducted a quick survey of all the local municipal codes as they relate to managing development in the residential district and are considering a few provisions. 2. Zoning in Progress/Moratorium Concept Includes: a. Construction of the second story not to exceed 75% of the ground floor square footage area. b. Limiting new construction in R1 and R2 zoning districts while the code is being revised. c. Minimum landscaping requirements will be implemented to address the use of impervious surfaces. d. Chairperson Marcus recommended that we prohibit parking on or across a sidewalk. iii. Urban Garden: 1. Osborne Park Location: a. It was mentioned that an urban garden committee will be required to ensure success. b. Chairperson Marcus recommended contacting the Village Garden Club for possible partnering and/or involvement. She also mentioned the utilization of NextDoor for promotion and solicitation of volunteers. c. Andy Lukasik recommended a general construct plan be submitted to Council for consideration. This plan will also be used for promotion to the community. d. Andy Lukasik will ask Public Works Director Chuck Huff to determine water and power requirements, sources and costs. Village funds will be used to get it started. e. Chairperson Marcus called a motion to recommend that Village Council consider Osborne Park and move forward in order to complete prior to fall. 1st and 2nd motions passed unanimously. iv. Speaker Series: 1. Abacoa Community Garden, April 30: a. Fifteen (15) people attended. b. One woman volunteered to help. c. Condominium residents are very excited about the garden because they don’t have their own green space. d. The committee will concentrate on one (1) Osborne Park site and, if successful and demand dictates, consider an additional site. 4 2. Arbor Day, July 10 at 10:00am: a. Chairperson Marcus recommended and will contact resident Joe Hanley to speak on tree pruning. b. Andy Lukasik offered to confirm the date with Farmer’s Table. 3. Solid Waste Authority: a. Due to possible low attendance over the summer, the committee agreed to wait and have them speak in October. v. Education – “Go Green”: 1. Electrify America a. It was mentioned that they provide services across the country. b. Andy Lukasik will meet with FPL EVolution before researching Electrify America. 2. FPL EVolution Program: a. Andy Lukasik will meet with them and provide the information for discussion at the next meeting. vi. Clean-Up Events: 1. Anchorage Park: a. Clean-up events will take place from 8:00 AM – 10:00 AM on the following dates; May 8 and 22, June 5 and 26 and July 17. d. Miscellaneous: i. Proposed 7-11 Project: 1. Andy Lukasik mentioned that the plan is being revised. It will eliminate two (2) gas pump islands and move one (1) dumpster. If or when the owner plans to resubmit is not known. 2. Chairperson Marcus recommended the committee individually express their strong concerns and opposition to the project to Village Councilmembers individually. ii. Fertilizer & Pesticide Ordinance – will be discussed at the next meeting. 6. Next meetings: the next meeting will be on June 7, 2021 at 6;00 pm in the Anchorage Park Building. 7. Adjournment: the meeting adjourned at 7:31 pm. VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY MAY 4, 2021 Present: Cory Cross, Chairman Donald Solodar, Vice Chair Thomas Hogarth, Member Jonathan Haigh, Member Lori Rainaldi, Member Kathryn DeWitt, Member Len Rubin, Village Attorney Jeremy Hubsch, Community Development Director Alex Ahrenholz, Principal Planner McKenna West, Planner I. CALL TO ORDER Chairman Cross called the meeting to order at 6:30 PM. A. ROLL CALL All members of the Planning Commission were present. II. APPROVAL OF MINUTES The Minutes of the April 6, 2021 Regular Meeting were approved as written. III. DELARATION OF EX PARTE COMMUNICATIONS There were no Ex Parte Communications declared by the Board. IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING Attorney Len Rubin swears in all persons speaking. A. SITE PLAN AND APPEARANCE REVIEW 1. 2020-2336 Sprint Antenna Application by Jacobs on behalf of No.1 Condominium Association of Paradise Harbour of North Palm Beach, Inc, requesting Appearance approval for the installation of a Sprint communications antenna Mr. Solodar moved to remove the item from the Table. Motion Seconded by Mr. Hogarth, which passed unanimously, 6-0. Minutes of Village Planning Commission Regular Meeting held on May 4, 2021 2 Mr. Ahrenholz presented an updated Staff report and recommendation. At the April 4th Planning Commission meeting, Staff advised they would work with the applicant to determine if screening could be provided on the roof or if the entire antenna could be relocated away from the edge of the building. The applicant has reviewed with their engineer and determined screening is not feasible with the age of the roof, and relocation is not practical since the location determines the signal strength for customers in the area. Further research of past Planning Commission action found that originally, the only condition added was to paint the antenna to match the building as any screening could not be provided by code. Staff is recommending approval, and recommends the Commission include the following conditions as a part of their order: 1. Paint the replacement antenna to match the building Sheryl Zvi, Jacobs, 505 W. Cypress Creek Rd. #400, Ft. Lauderdale, was present via Zoom to represent the applicant. The Chairman asked for comments from the public. There were no public comments. The Planning Commissions members discussed the color the antenna was to be painted; what explanation did the applicant give not being able to relocate the antenna; whether the screening is not practical and therefore not being considered; whether options for screening should be considered; whether the antenna can be relocated closer to the control shelter; and what were the conditions of the original approval. Motion: Mr. Solodar moved to approve the application as presented including Staff’s recommendation. Ms. DeWitt seconded the motion, which passed 4-2, with Ms. DeWitt and Mr. Hogarth voting nay. 2. 2021-0574 Fetterman Sign Application by Ferrin Signs on behalf of Beth Fetterman, requesting site plan and appearance review approval for the replacement of existing ground signage for Fetterman & Associates. Mr. Ahrenholz presented the Staff report and recommendation. The application for the wall sign was presented in January 2021. This application is for the monument sign. The dimensions of the ground sign are existing nonconformities at 39 square feet, and will not be subject to current code regulations as per Sec. 45-64. It is a same for same change. The proposed graphics will be composed of a title with aluminum face, address numerals which will be white translucent Plexiglas with a black vinyl overlay, and a logo that will be digitally printed and translucent. The graphics will be backlit with internal illumination. It is the same graphic as the previously approved wall sign, with larger dimensions to fit the existing monument. The banding along the bottom will be blue to match the wall sign, and landscaping at the base of the monument has been incorporated into the final design. The Planning Commission’s condition for approval of the wall sign was that the monument sign be updated within 60 days of the wall sign installation. The wall sign has not been installed, and is anticipated to be installed at the same time as the monument sign. Staff recommends approval and that the commission include the following condition as part of the order: 1. Landscape specifications shall be included with the permit. Shrubs shall be maintained at a minimum height of thirty (30) inches. Minutes of Village Planning Commission Regular Meeting held on May 4, 2021 3 The Planning Commissions members discussed whether the new nonconforming sign would need to conform to the existing code; and whether any part of the cabinet is being changed, or just the panel/face. Consensus of the Board expressed their approval of the sign. The Chairman asked for comments from the public. There were no public comments. Tim Lewzader, Ferrin Signs, 945 26th St., West Palm Beach, was present to represent the project. Motion: Mr. Haigh moved to approve the application as presented. Ms. DeWitt seconded the motion, which passed 6-0. 3. 2021-0574 Vernis and Bowling Sign Application by Signarama – North Palm Beach on behalf of 618 U.S. Highway One, LLC, requesting site plan and appearance review approval for the installation of a new illuminated channel letter sign. Ms. West presented the Staff report and recommendation. The Vernis & Bowling Law Firm is relocating their offices from 884 US 1 to 618 US 1. The proposed sign is 71.45 Square Feet, which is 1.61% of the building façade and below the maximum allowable size of 5%. The proposed signage is green translucent acrylic lettering with white side edges, internally illuminated, and consistent with the law firm’s color scheme. The letters will be pin mounted to an aluminum back panel with a raceway. Staff is recommending approval with no conditions. Lisa Mardar, Signarama, 802 Old Dixie Hwy., Lake Park, was present to represent the project. The Planning Commissions members discussed whether the panel with the raceway will be flush with the building or will the panel stick out with the letters; whether the raceway will be textured and painted to match the building; whether the details of the texture and paint of the raceway need to be added to the plans; and which color green is proposed. Consensus of the Board expressed their approval of the sign. Motion: Mr. Haigh moved to approve the application with the condition that the raceway panels match the color and texture of the building facade. Mr. Solodar seconded the motion, which passed 6-0. V. ADMINISTRATION MATTERS A. Staff Updates:  Appointments to the Boards will be at the next Village Council Meeting. All the members have applied for reappointment. It is recommended that the members attend the meeting in case any questions come up.  The Advisory Board dinner is on May 22nd. Invitations should be received in the mail. Make sure to RSVP. B. Commission Member Comments:  Status of the demolition of the Camelot Motel. Minutes of Village Planning Commission Regular Meeting held on May 4, 2021 4  Whether a decision has been made by the Village Council regarding the Fourth of July celebration, in light of the Governor’s relaxing of Covid-19 restrictions. VI. ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at 7:10 PM. Minutes typed by Jane Lerner DRAFT DRAFT DRAFT VILLAGE OF NORTH PALM BEACH AUDIT COMMITTE MEETING MINUTES JUNE 3, 2021 Attending Committee: Tom Andres EdKatz Don Kazimir Susanne Mehregan Marie Silvani Dave Talley Tom Magill – Chairman Council: Dr. Darryl Aubrey - Mayor Administration: Samia Janjua - Finance Director ITEMS DISCUSSED: 1. Minutes ofMarch 8, 2021 meeting were approved. 2. The Chairman thanked Ms. Silvani, Mr. Katz and Mr. Kazimir for their willingness to accept reappointment tothe Committee. 3. Mayor Aubrey outlined Council discussion onAdvisory Boards. He noted the large number ofapplicants for various Village Advisory Boards. He indicated that Council will bereviewing certain aspects ofthe NPB Advisory Board ordinance. He felt that increased emphasis would beplaced onattendance. 4. Review ofthe Q2 PFM Report: The Committee noted the 0.0% return for the quarter. Ms. Silvani indicated that this was consistent with the current debt securities marketplace. There was noconsensus nor any suggestion toshift Village funds toequity markets. Overall suggests the expected increase ininflation, may have animpact oninterest rates. 5. Village financial results through the end ofApril were reviewed. GENERAL FUND: Revenues and Expenses are ontrack tomeet budget expectations. Revenues are ahead ofprevious year run rate. For FY2021, we expect aroughly 6-7% increase inassessed valuations inthe Village. This will likely have a corresponding increase inadvalorem revenue. Our unallocated fund balance ($ 11.6million effective 9/30/2020) continues toserve asanemergency fund and asource for project funding. COUNTRY CLUB: Farmers’ Market revenues are approaching $2million threshold. Through April closing, Gross sales reached $1.86million. At $2million, NPB receive 5% ofrevenue beyond the threshold. Golf, among other Club activities, continues toperform well. Golf rounds have increased byroughly 40% over the same time frame last year. Inaddition, the driving range revenue of $347K represents 104% of the annual budget. Lesson activity inTennis isincreasing, with the indication that summer activity will continue togrow. Pool activity should increase with continued reduction inVirus issues. The Chairman expresses thanks toFinance Director, Samia Janjua and Mayor Darryl Aubrey for their attendance and participation. With nofurther business, the meeting was adjourned at6:10pm. Tom Magill - Chairman VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Chuck Huff, Director of Public Works BY: DATE: Travis Hawthorne, Public Works Streets Supervisor June 24, 2021 SUBJECT: RESOLUTION – Approving a Contract with Insituform Technologies, LLC for Stormwater Pipe Lining at four (4) locations within the Village in the amount of $99,406.20 Staff is seeking Village Council consideration and approval of a contract with Insituform Technologies, LLC for stormwater pipe lining at four (4) locations in the Village in the amount of $99,406.20 Background: The Village has been monitoring the condition of the drainage systems on Osprey Way, Nighthawk Way, Westwind Drive and Cinnamon Road for an extended period of time. Staff is presently repairing sink holes and depressions in those streets as they appear from our monitoring or from resident comments. In February, staff contracted to clean and televise the stormwater pipes at these locations to understand the extent of the pipe failures and determine the most cost-effective means of repairing the system. Based upon discussion with various contractors, Village staff found that Insituform Technologies deploys a pipe rehabilitation system that allows the user to line the existing pipes without open trenching or disturbing any of the existing conditions. The system is a cost-effective way of restoring the structural integrity of the drainage system. In certain scenarios, Cured-In-Place-Pipe (CIPP) is a great alternative to total replacement. Most of the Village’s Stormwater System will benefit from CIPP. All of these locations identified above have been evaluated and have been determined to be candidates for this process. Contract Award and Funding: The Village has received a proposal from Insituform Technologies, LLC based on pricing set forth in the City of Daytona Beach’s CIPP Rehabilitation Contract. Staff reviewed the proposal for each location, including the price and the firm’s availability to complete the work in a timely manner. The Village is using The City of Daytona Beach Contract price of $99,406.20. Staff has had an opportunity to check references for this company and is confident that it is capable of completing the required scope of work. Due to the nature of this project, Village Staff is recommending a 10% contingency of $9,940.62 for a total project budget of $109,346.82. The project will be funded out of the General Fund and a budget amendment completed to reflect this change at year end, if needed. Further, it should be noted that the Village Manager has recommended the use of approximately $500,000 of the General Fund’s Fund Balance to complete initial stormwater rehabilitation projects. The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department / Division Account Number Account Description Cost 10% Contingency Total Budget General Fund Public Works / Streets & Grounds Maintenance A7231- 66215 Stormwater Drainage System $99,406.20 $9,940.62 $109,346.82 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a Contract with Insituform Technologies, LLC for the Stormwater Lining of four (4) locations in the Village (Osprey Way, Nighthawk Way, Westwind Drive and Cinnamon Road) based on pricing established in an existing City of Daytona Beach contract in the amount of $99,406.20, with funds expended from Account No. A7321-66215 (Streets & Grounds Maintenance - Storm water Drainage System), and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2021-_____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO INSITUFORM TECHNOLOGIES, LLC FOR STORMWATER PIPE REHABILITATION PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CITY OF DAYTONA BEACH CONTRACT FOR CURED-IN-PLACE-PIPE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village is in need of contractor to perform stormwater pipe repair utilizing the Cured- In-Place-Pipe (“CIPP”) method at four locations within the Village (Osprey Way, Nighthawk Way, Westwind Drive and Cinnamon Road); and WHEREAS, Village Staff recommended that the Contract be awarded to Insituform Technologies, LLC pursuant to pricing established in an existing Agreement for CIPP projects with the City of Daytona Beach (Contract No. 0118-2600); and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the citizens and residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Contract with Insituform Technologies, LLC for stormwater pipe repair utilizing the CIPP method at four locations within the Village pursuant to pricing established in an existing City of Daytona Beach Contract (Contract No. 0118-2600) and authorizes the Mayor and Village Clerk to execute the Contract on behalf of the Village, a copy of which is attached hereto and incorporated herein. The total cost of this Contract shall not exceed $99,406.20, with funds expended from Account No. A7321-66215 (Public Works/Streets & Grounds – Stormwater Drainage System). Including contingency, the total project budget shall be $109,346.82. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and INSITUFORM TECHNOLOGIES, LLC, a foreign limited liability company authorized to do business in the State of Florida, 17988 Edison Avenue, Chesterfield, Missouri 63005 (hereinafter “CONTRACTOR”), whose F.E.I. Number is 13-3032158. RECITALS WHEREAS, the VILLAGE is in need of a contractor to perform stormwater pipe repair utilizing the Cured-In-Place-Pipe method at four locations within the Village (Osprey Way, Nighthawk Way, Westwind Drive and Cinnamon Road); and WHEREAS, the City of Daytona Beach, through its competitive selection process, awarded an Agreement for CIPP projects (Contract No. 0118-2600) (“Daytona Beach Contract”) to CONTRACTOR; and WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on the pricing established in the Daytona Beach Contract; and WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE desires to retain CONTRACTOR’s services by “piggy-backing” the Daytona Beach Contract, including all terms, conditions and pricing set forth therein. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. Daytona Beach Contract. The City of Daytona Beach’s Contract for CIPP Projects (Contract No. 0118-2600) with CONTRACTOR, attached hereto as Exhibit “A,” is incorporated herein by reference. 3. CONTRACTOR’s Services and Time of Completion. A. In accordance with the terms and conditions of the Daytona Beach Contract and at the direction of the VILLAGE, CONTRACTOR shall perform the services in accordance with its Proposal dated June 11, 2021, a copy of which is attached hereto as Exhibit “B” and incorporated herein by reference. B. The total cost of such services shall not exceed $99,406.20. C. The services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed. Page 2 of 6 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: A. This Contract B. Exhibit “A” (Daytona Beach Contract) C. Exhibit “B” (CONTRACTOR’s Proposal) 5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 6. Term and Termination. A. This Contract shall be for the term as indicated in the Daytona Beach Contract. Extensions or renewals to the Daytona Beach Contract or any modification including new products, terms, or price changes to the Daytona Beach Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the Daytona Beach Contract expires and no new contract is let by the City of Daytona Beach, the VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew this Contract under the same terms and conditions for an additional period of one (1) year. B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten (10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR upon providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless CONTRACTOR is in breach of this Contract, the VILLAGE shall pay CONTRACTOR for work performed and accepted through the date of termination. 7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all insurance required under the DAYTONA BEACH Contract, with the VILLAGE named as an additional insured. 8. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not Page 3 of 6 limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 9. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 10. Warranty/Guaranty. Unless a longer period is stated in the Daytona Beach Contract, CONTRACTOR warrants that its goods and services provided under this Contract will be free of defects in materials and workmanship for a period of one (1) year following delivery and completion of those goods and services. 11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 12. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract 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 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. The parties knowingly, voluntarily and intentionally waive any right they may have to trial by jury with respect to any litigation arising out of or in connection with this Contract. C. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable Page 4 of 6 attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. D. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. E. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto . Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public requires required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable Page 5 of 6 time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. INSITUFORM TECHNOLOGIES, LLC By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ DARRYL AUBREY MAYOR ATTEST: BY:________________________________ VILLAGE CLERK Page 6 of 6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY ITEM A A-1 A-2 A-3 B B-1 B-2 B-3 c C-1 C-2 C-3 D D-1 D-2 D-3 E E-1 E-2 E-3 E-4 F F-1 F-2 F-3 F-4 F-5 F-6 CIPP REHABILITATION -SANITARY SEWER MAINS DESCRIPTION 811 diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 9.0 mm normal thickness (.354") 10" diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 9.0 mm normal thickness (.354") 12" diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 9.0 mm normal thickness (.354") 15 11 diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 9.0 mm normal thickness (.354") 1811 diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.0295") 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") 21" diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") Charge for each 1.5 mm thickness increase per LF exceeding 12.0 mm ESTIMATED UNIT OF QUANTITY MEASURE 10,000 LF 10,000 LF 5,000 LF 400 LF 400 LF 400 LF 400 LF 400 LF 600 LF 400 LF 400 LF 600 LF 300 LF 300 LF 300 LF 200 LF 300 LF 300 LF 300 LF 300 LF 200 LF 100 LF CONTRACT 0118-2600 PAGE 27 OF 40 UNIT PRICE $ 23.10 $ 25.20 $ 26.00 TOTAL"A" $ 27.30 $ 29.70 $ 31.00 TOTAL 11 8 11 $ 30.40 $ 32.90 $ 39.30 TOTAL 11 C11 $ 38.00 $ 42.10 $ 49.10 TOTAL 11 0 11 $ 37.90 $ 45.00 $ 57.70 $ 61.20 TOTAL "E" $ 44.00 $ 48.00 $ 67.50 $ 73.30 $ 78.90 $ 4.20 TOTAL 11 F11 EXTENDED PRICE $ 231,000.00 $ 252,000.00 $ 130,000.00 $ 613,000.00 $ 10,920.00 $ 11,880.00 $ 12,400.00 $ 35,200.00 $ 12,160.00 $ 13,160.00 $ 23,580.00 $ 48,900.00 $ 15,200.00 $ 16,840.00 $ 29,460.00 $ 61,500.00 $ 11,370.00 $ 13,500.00 $ 17,310.00 $ 12,240.00 $ 54,420.00 $ 13,200.00 $ 14,400.00 $ 20,250.00 $ 21,990.00 $ 15,780.00 $ 420.00 $ 86,040.00 ITEM G G-1 G-2 G-3 G-4 G-5 G-6 H H-1 H-2 H-3 H-4 H-5 H-6 I 1-1 1-2 1-3 1-4 1-5 1-6 J J-1 J-2 J-3 J-4 J-5 J-6 J-7 CIPP REHABILITATION -SANITARY SEWER MAINS DESCRIPTION 24" diameter 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531") 15.0 mm normal thickness (.591") Charge for each 1.5 mm thickness increase per LF exceeding 15.0 mm 27" diameter 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") 12.0 mm normal thickness(.4 72") 13.5 mm .normal thickness (.531") 15.0 mm normal thickness (.591") Charge for each 1.5 mm thickness increase per LF exceeding 15.0 mm 30" diameter 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531 ") 15.0 mm normal thickness (.591") Charge for each 1.5 mm thickness increase per LF exceeding 15.0 mm 36" diameter 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531") 15.0 mm normal thickness (.591") 16.5 mm normal thickness (.650") 18.0 mm normal thickness (.709") Charge for each 1.5 mm thickness increase per LF exceeding 18.0 mm ESTIMATED UNIT OF QUANTITY MEASURE 300 LF . 300 LF 300 LF 300 LF 200 LF 100 LF 100 LF 100 LF 100 LF 50 LF 50 LF 100 LF 100 LF 100 LF 100 LF 100 LF 100 LF 100 LF 100 LF 100 LF 100 LF 100 LF 100 LF 100 LF 100 LF CONTRACT 0118-2600 PAGE28 OF 40 UNIT PRICE $ 70.00 $ 82.50 $ 89.90 $ 94.90 $ 100.20 $ 4.30 TOTAL "G" $ 74.00 $ 89.70 $ 97.90 $ 104.20 $ 110.30 $ 3.90 TOTAL 11 H11 $ 76.00 $ 101.10 $ 109.50 $ 115.90 $ 121.80 $ 5.50 TOTAL 11 111 $ 90.00 $ 134.50 $ 142.80 $ 150.70 $ 157.40 $ 166.10 $ 5.60 TOTAL 11 J11 EXTENDED PRICE $ 21,000.00 $ 24,750.00 $ 26,970.00 $ 28,470.00 $ 20,040.00 $ 430.00 $ 121,660.00 $ 7,400.00 $ 8,970.00 $ 9,790.00 $ 5,210.00 $ 5,515.00 $ 390.00 $ 37,275.00 $ 7,600.00 $ 10,110.00 $ 10,950.00 $ 11,590.00 $ 12,180.00 $ 550.00 $ 52,980.00 $ 9,000.00 $ 13,450.00 $ 14,280.00 $ 15,070.00 $ 15,740.00 $ 16,610.00 $ 560.00 $ 84,710.00 ITEM K K-1 K-2 K-3 K-4 K-5 K-6 K-7 L L-1 L-2 L-3 L-4 L-5 M M-1 M-2 M-3 M-4 M-5 N N-1 N-2 N-3 N-4 N-5 0 0-1 0-2 0-3 0-4' 0-5 CIPP REHABILITATION-SANITARY SEWER MAINS DESCRIPTION ESTIMATED UNIT OF UNIT PRICE QUANTITY MEASURE 42" diameter 10.5 mm normal thickness (.413") 100 LF $ 119.80 12.0 mm normal thickness (.472") 100 LF $ 158.80 13.5 mm normal thickness (.531") 100 LF $ 167.60 15.0 mm normal thickness (.591") 100 LF $ 176.40 16.5 mm normal thickness (.650") 50 LF $ 185.20 18.0 mm normal thickness (.709") 50 LF $ 192.80 Charge for each 1.5 mm thickness 100 LF increase per LF exceeding 18.0 mm $ 7.10 TOTAL "K 11 TOTAL "A" THRU "K" CLEAN & INSPECTION -SANITARY SEWER MAINS Light Cleaning and Inspection 8" -12" diameter 14" -18" diameter 20" -24" diameter 27" -42" diameter 48" -72" diameter Medium Cleaning 8" -12" diameter 14" -18" diameter 20" -24" diameter 27" -42" diameter 48"·-72" diameter Heavy Cleaning 8" -12" diameter 14" -18" diameter 20" -24" diameter 27" -42" diameter 48" -72" diameter Root Removal 8" -12" diameter 14" -18" diameter 20" -24" diameter 27" -42" diameter 48" -72" diameter 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 CONTRACT 0118-2600 PAGE 29 OF 40 LF I$ 2.50 LF $ 5.00 LF $ 7.00 LF $ 10.00 LF $ 12.10 TOTAL "L" LF $ 3.70 LF $ 7.00 LF $ 10.00 LF $ 13.10 LF $ 15.10 TOTAL "M 11 LF $ 3.30 LF $ 8.00 LF $ 12.10 LF $ 16.10 LF $ 18.10 LF TOTAL"N" LF $ 1.60 LF $ 2.60 LF $ 4.80 LF $ 5.30 LF $ 6.30 TOTAL 11 0 11 EXTENDED PRICE $ 11,980.00 $ 15,880.00 $ 16,760.00 $ 17,640.00 $ 9,260.00 $ 9,640.00 $ 710.00 $ 81,870.00 $ 1,277,555.00 $ 15,000.00 $ 30,000.00 $ 42,000.00 $ 60,000.00 $ 72,600.00 $ 219,600.00 $ 22,200.00 $ 42,000.00 $ 60,000.00 $ 78,600.00 $ 90,600.00 $ 293,400.00 $ 19,800.00 $ 48,000.00 $ 72,600.00 $ 96,600.00 $ 108,600.00 $ - $ 345,600.00 $ 9,600.00 $ 15,600.00 $ 28,800.00 $ 31,800.00 $ 37,800.00 $ 123,600.00 ITEM' p P-1 P-2 P-3 P-4 P-5 Q Q-1 Q-2 Q-3 Q-4 Q-5 Q-6 Q-4 R R-1 R-2 R-3 R-4 R-5 ITEM s S-1 S-2 S-3 CLEAN & INSPECTION -SANITARY SEWER MAINS DESCRIPTION ESTIMATED UNITOF UNIT PRICE QUANTITY MEASURE Tuberculation Cleaning 8" -12" diameter 6,000 LF $ 19.00 14" -18" diameter 6,000 LF $ 21.70 20" -24" diameter 6,000 LF $ 22.70 27" -42" diameter 6,000 LF $ 23.30 48" -72" diameter 6,000 LF $ 25.90 TOTAL 11 P11 JOTAL "L" THRU "P" SANITARY SEWER LATERAL CIPP LINING-TOP HA TIFULL WRAP -UP TO 36" Four (4) inch lateral connection per 20 EA ASTM F1216-16 $ 2,009.90 Six (6) inch lateral connection per ASTM 20 EA F1216-16 $ 2,009.90 Eight (8) inch lateral connection per 20 EA ASTM F1216-16 $ 2,009.90 Lateral lining 0 to 30' per ASTM F1216-100 LF 16 $ 79.30 Additional Lateral Lining > 30' per ASTM 100 LF F1216-16 $ 37.00 Lateral Cutout 20 EA $ 195.00 Lateral Grout 20 EA $ 390.20 TOTAL"Q" SANITARY SEWER MANHOLE/LIFT STAT/ON REFURBISHMENT Interior Manhole Application (Precast) 2,000 SF Interior Manhole Application (Brick) 2,000 SF Interior Lift Station Application (Precast) 2,000 SF Interior Lift Station Application (Brick) 2,000 SF Bench/Invert Repair 200 EA TOTAL "R" SANITARY SEWER CLEANOUT INSTALLATION DESCRIPTION Four (4) inch cleanout Six (6) inch cleanout Eight (8) inch cleanout ESTIMATED UNIT OF QUANTITY MEASURE 20 EA 20 EA 20 EA TOTAL "S" CONTRACT 0118-2600 PAGE 30 OF 40 $ 19.00 $ 23.30 $ 21.20 $ 26.40 $ 528.90 UNIT PRICE $ 528.90 $ 634.70 $ 793.40 EXTENDED PRICE $ 114,000.00 $ 130,200.00 $ 136,200.00 $ 139,800.00 $ 155,400.00 $ 675,600.00 $ 1,657,800.00 $ 40,198.00 $ 40,198.00 $ 40,198.00 $ 7,930.00 $ 3,700.00 $ 3,900.00 $ 7,804.00 $ 143,928.00 $ 38,000.00 $ 46,600.00 $ 42,400.00 $ 52,800.00 $ 105,780.00 $ 285,580.00 EXTENDED PRICE $ 10,578.00 $ 12,694.00 $ 15,868.00 $ 39,140.00 ITEM T u U-1 v V-1 V-2 w W-1 W-2 x X-1 X-2 X-3 X-4 y Y-1 Y-2 Y-3 Y-4 Y-5 z Z-1 Z-2 Z-3 Z-4 Z-5 Z-6 MANHOLE CLEANING DESCRIPTION ESTIMATED UNIT OF UNIT PRICE QUANTITY MEASURE Manhole cleaning 2,000 SF $ 5.30 TOTAL "T" TOTAL "Q" THRU "T" CIPP REHAB/LITA TION -STORMWATER MAINS 811 diameter 6.0 mm normal thickness (.236") 1 O" diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 12" diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 15" diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 9.0 mm normal thickness (.354") Charge for each 1.5 mm thickness increase per LF exceeding 9.0 mm 18" diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") Charge for each 1.5 mm thickness increase per LF exceeding10.5 mm 21" diameter 6.0 mm normal thickness (.236") 7.5 mm normal thickness (.295") 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") Charge for each 1.5 mm thickness increase per LF exceeding 12.0 mm 500 400 400 750 750 1,000 1,500 1,000 100 1,250 1,250 1,250 1,250 100 220 220 220 220 200 100 CONTRACT 0118-2600 PAGE 31OF40 LF $ 39.50 TOTAL 11 U 11 LF $ 45.50 LF $ 48.00 TOTAL 11 V 11 LF $ 48.80 LF $ 51.50 TOTAL 11 W 11 LF $ 55.00 LF $ 64.50 LF $ 76.90 LF $ 2.10 TOTAL 11 X11 LF $ 52.20 LF $ 67.60 LF $ 79.40 LF $ 82.90 LF $ 4.20 TOTAL 11 Y11 LF $ 59.70 LF $ 63.50 LF $ 90.10 LF $ 96.10 l:F $ 104.40 LF $ 4.20 TOTAL 11 Z11 EXTENDED PRICE $ 10,600.00 $ 10,600.00 $ 479,248.00 $ 19,750.00 $ 19,750.00 $ 18,200.00 $ 19,200.00 $ 37,400.00 $ 36,600.00 $ 38,625.00 $ 75,225.00 $ 55,000.00 $ 96,750.00 $ 76,900.00 $ 210.00 $ 228,860.00 $ 65,250.00 $ 84,500.00 $ 99,250.00 $ 103,625.00 $ 420.00 $ 353,045.00 $ 13,134.00 $ 13,970.00 $ 19,822.00 $ 21,142.00 $ 20,880.00 $ 420.00 $ 89,368.00 ITEM AA AA-1 AA-2 AA-3 AA-4 AA-5 AA-6 BB BB-1 BB-2 BB-3 BB-4 BB-5 BB-6 cc CC-1 CC-2 CC-3 CC-4 CC-5 CC-6 DD 00-1 00-2 OD-3 00-4 00-5 DD-6 00-7 C/PP REHABILITATION-STORMWATER MAINS DESCRIPTION 24" diameter 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531") 15.0 mm normal thickness (.591") Charge for each 1.5 mm thickness increase per LF exceeding 15.0 mm 27" diameter 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531") 15.0 mm normal thickness (.591") Charge for each 1.5 mm thickness increase per LF exceeding 15.0 mm 30" diameter 9.0 mm normal thickness (.354") 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531") 15.0 mm normal thickness (.591") Charge for each 1.5 mm thickness increase per LF exceeding 15.0 mm 36" diameter 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531 ") 15.0 mm normal thickness (.591") 16.5 mm normal thickness (.650") 18.0 mm normal thickness (.709") Charge for each 1.5 mm thickness increase per LF exceeding 18.0 mm ESTIMATED UNIT OF QUANTITY MEASURE 700 LF 700 LF 700 LF 700 LF 700 LF 100 LF 220 LF 220 LF 220 LF 220 LF 220 LF 100 LF 600 LF 600 LF 600 LF 600 LF 600 LF 100 LF 500 LF 500 LF 500 LF 500 LF 250 LF 250 LF 100 LF CONTRACT 0118-2600 PAGE 32 OF 40 UNIT PRICE $ 95.00 $ 106.70 $ 116.80 $ 122.00 $ 127.50 $ 4.30 TOTAL 11 AA 11 $ 100.00 $ 113.70 $ 124.60 $ 131.20 $ 137.60 $ 4.50 TOTAL "88 11 $ 100.00 $ 113.70 $ 123.30 $ 129.90 $ 135.90 $ 5.50 TOTAL "CC" $ 108.00 $ 151.70 $ 160.30 $ 168.30 $ 175.10 $ 184.00 $ 5.60 TOTAL 11 0011 EXTENDED PRICE $ 66,500.00 $ 74,690.00 $ 81,760.00 $ 85,400.00 $ 89,250.00 $ 430.00 $ 398,030.00 $ 22,000.00 $ 25,014.00 $ 27,412.00 $ 28,864.00 $ 30,272.00 $ 450.00 $ 134,012.00 $ 60,000.00 $ 68,220.00 $ 73,980.00 $ 77,940.00 $ 81,540.00 $ 550.00 $ 362,230.00 $ 54,000.00 $ 75,850.00 $ 80,150.00 $ 84,150.00 $ 43,775.00 $ 46,000.00 $ 560.00 $ 384,485.00 ITEM EE EE-1 EE-2 EE-3 EE-4 EE-5 EE-6 EE-7 FF FF-1 FF-2 FF-3 FF-4 FF-5 FF-6 FF-7 FF-8 GG GG-1 GG-2 GG-3 GG-4 GG-5 GG-6 GG-7 GG-8 GG-9 GG-10 GIPP REHABILITATION-STORMWATER MAINS DESCRIPTION 42" diameter 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531") 15.0 mm normal thickness (.591") 16.5 mm normal thickness (.650") 18.0 mm normal thickness (.709") Charge for each 1.5 mm thickness increase per LF exceeding 18.0 mm 48" diameter 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531") 15.0 mm normal thickness (.591") 16.5 mm normal thickness (.650") 18.0 mm normal thickness (.709") 19.5 mm normal thickness (.768") 21.0 mm normal thickness (.827") Charge for each 1.5 mm thickness increase per LF exceeding 21.0 mm 52" diameter 10.5 mm normal thickness (.413") 12.0 mm normal thickness (.472") 13.5 mm normal thickness (.531") 15.0 mm normal thickness (.591") 16.5 mm normal thickness (.650") 18.0 mm normal thickness (. 709") 19.5 mm normal thickness (.768") 21.0 mm normal thickness (.827") 22.5 mm normal thickness (.886") Charge for each 1.5 mm thickness increase per LF exceeding 22.5 mm ESTIMATED UNITOF QUANTITY MEASURE 250 LF 250 LF 250 LF 250 LF 250 LF 250 LF 100 LF 200 LF 200 LF 200 LF 200 LF 200 LF 100 LF 100 LF 100 LF 25 LF 25 LF 25 LF 25 LF 25 LF 25 LF 25 LF 25 LF 100 LF 100 LF CONTRACT 0118-2600 PAGE 33 OF 40 UNIT PRICE $ 120.00 $ 140.00 $ 185.80 $ 194.80 $ 203.80 $ 211.50 $ 7.10 TOTAL "EE" $ 150.00 $ 160.00 $ 225.30 $ 235.60 $ 244.60 $ 262.20 $ 270.90 $ 8.00 TOTAL 11 FF 11 $ 145.00 $ 155.00 $ 165.00 $ 196.50 $ 204.20 $ 262.20 $ 279.30 $ 290.40 $ 302.60 $ 9.60 TOTAL 11 GG 11 EXTENDED PRICE $ 30,000.00 $ 35,000.00 $ 46,450.00 $ 48,700.00 $ 50,950.00 $ 52,875.00 $ 710.00 $ 264,685.00 $ 30,000.00 $ 32,000.00 $ 45,060.00 $ 47,120.00 $ 48,920.00 $ 26,220.00 $ 27,090.00 $ 800.00 $ 257,210.00 $ 3,625.00 $ 3,875.00 $ 4,125.00 $ 4,912.50 $ 5,105.00 $ 6,555.00 $ 6,982.50 $ 7,260.00 $ 30,260.00 $ 960.00 $ 73,660.00 ITEM HH HH-1 HH-2 HH-3 HH-4 HH-5 HH-6 HH-7 HH-8 HH-9 HH-10 II ~· 11-1 11-2 11-3 11-4 11-5 11-6 11-7 11-8 11-9 11-10 JJ JJ-1 JJ-2 JJ-3 JJ-4 JJ-5 JJ-6 JJ-7 JJ-8 JJ-9 JJ-10 GIPP REHABILITATION-STORMWATER MAINS DESCRIPTION ESTIMATED UNIT OF QUANTITY MEASURE 54" diameter 10.5 mm normal thickness (.413") 25 LF 12.0 mm normal thickness (.472") 25 LF 13.5 mm normal thickness (.531") 25 LF 15.0 mm normal thickness (.591") 25 LF 16.5 mm normal thickness (.650") 25 LF 18.0 mm normal thickness (. 709") 25 LF 19.5 mm normal thickness (.768") 25 LF 21.0 mm normal thickness (.827") 25 LF 22.5 mm normal thickness (.886") 100 LF Charge for each 1.5 mm thickness 100 LF increase per LF exceeding 22.5 mm 60" diameter 10.5 mm normal thickness (.413") 25 LF 12.0 mm normal thickness (.472") 25 LF 13.5 mm normal thickness (.531") 25 LF 15.0 mm normal thickness (.591") . 25 LF 16.5 mm normal thickness (.650") 25 LF 18.0 mm normal thickness (.709") 25 LF 19.5 mm normal thickness (.768") 25 LF 21.0 mm normal thickness (.827") 25 LF 22.5 mm normal thickness (.886") 100 LF Charge for each 1.5 mm thickness 100 LF increase per LF exceeding 22.5 mm 72" diameter 10.5 mm normal thickness (.413") 25 LF 12.0 mm normal thickness (.472") 25 LF 13.5 mm normal thickness (.531") 25 LF 15.0 mm normal thickness (.591 ") 25 LF 16.5 mm normal thickness (.650") 25 LF 18.0 mm normal thickness (.709") 25 LF 19.5 mm normal thickness (.768") 25 LF 21.0 mm normal thickness (.827") 25 LF 22.5 mm normal thickness (.886") 100 LF Charge for each 1.5 mm thickness 100 LF increase per LF exceeding 22.5 mm Total GIPP Rehabilitiation - Stormwater Mains ("U" THRU "JJ'') CONTRACT 0118-2600 PAGE 34 OF 40 UNIT PRICE $ 150.00 $ 160.00 $ 170.00 $ 210.00 $ 215.00 $ 288.90 $ 305.50 $ 406.10 $ 419.70 $ 9.80 TOTAL 11 HH 11 $ 302.40 $ 319.00 $ 330.20 $ 341.20 $ 350.40 $ 445.50 $ 468.90 $ 483.90 $ 499.10 $ 13.50 TOTAL "II" $ 500.10 $ 506.20 $ 519.70 $ 532.80 $ 546.60 $ 680.50 $ 763.20 $ 781.80 $ 796.30 $ 14.70 TOTAL 11 JJ 11 EXTENDED PRICE $ 3,750.00 $ 4,000.00 $ 4,250.00 $ 5,250.00 $ 5,375.00 $ 7,222.50 $ 7,637.50 $ 10,152.50 $ 41,970.00 $ 980.00 $ 90,587.50 $ 7,560.00 $ 7,975.00 $ 8,255.00 $ 8,530.00 $ 8,760.00 $ 11,137.50 $ 11,722.50 $ 12,097.50 $ 49,910.00 $ 1,350.00 $ 127,297.50 $ 12,502.50 $ 12,655.00 $ 12,992.50 $ 13,320.00 $ 13,665.00 $ 17,012.50 $ 19,080.00 $ 19,545.00 $ 79,630.00 $ 1,470.00 $ 201,872.50 $ 3,097,717.50 ITEM KK KK-1 KK-2 KK-3 KK-4 KK-5 LL LL-1 LL-2 LL-3 LL-4 LL-5 MM MM-1 MM-2 MM-3 MM-4 MM-5 NN NN-1 NN-2 NN-3 NN-4 NN-5 00 00-1 00-2 00-3 00-4 00-5 pp CLEAN & INSPECTION -STORMWATER MAINS DESCRIPTION ESTIMATED UNITOF QUANTITY MEASURE Light Cleaning and inspection an-1211 diameter 6,000 LF 14" -1811 diameter 6,000 LF 20" -24" diameter 6,000 LF 27" -42" diameter 6,000 LF 48" -72" diameter 6,00 LF - Medium Cleaning 8" -12" diameter 6,000 LF 14"-18" diameter 6,000 LF 20" -24" diameter 6,000 LF 27" -42" diameter 6,000 LF 48"-72" diameter 6,000 LF Heavy Cleaning 8" -12" diameter 6,000 LF 14" -18" diameter 6,000 LF 20" -24" diameter 6,000 LF 27"-42" diameter 6,000 LF 48"-72" diameter 6,000 LF Root Removal an -12" diameter 6,000 LF 14" -18" diameter 6,000 LF 20" -24" diameter 6,000 LF - 27" -42" diameter 6,000 LF 48"-72" diameter 6,000 LF Tuberculation Cleaning 8" -12" diameter 6,000 LF 14" -18" diameter 6,000 LF 20" -24" diameter 6,000 LF 27"-42" diameter 6,000 LF 8" -72" diameter 6,000 LF Stormwater Manhole Cleaining 2,800 SF TOTAL "KK" THRU "PP" CONTRACT 0118-2600 PAGE 35 OF 40 UNIT PRICE $ 6.00 $ 8.00 $ 9.00 $ 12.10 $ 16.10 TOTAL 11 KK 11 $ 9.00 $ 11.10 $ 14.10 $ 17.10 $ 20.10 TOTAL "LL" $ 11.10 $ 16.10 $ 20.10 $ 26.10 $ 32.20 TOTAL 11 MM 11 $ 1.60 $ 2.60 $ 4.80 $ 5.30 $ 6.30 TOTAL 11 NN 11 $ 19.00 $ 21.70 $ 22.70 $ 23.30 $ 25.90 TOTAL"OO" $ 5.30 TOTAL "PP" EXTENDED PRICE $ 36,000.00 $ 48,000.00 $ 54,000.00 $ 72,600.00 $ 96,600.00 $ 307,200.00 $ 54,000.00 $ 66,600.00 $ 84,600.00 $ 102,600.00 $ 120,600.00 $ 428,400.00 $ 66,600.00 $ 96,600.00 $ 120,600.00 $ 156,600.00· $ 193,200.00 $ 633,600.00 $ 9,600.00 $ 15,600.00 $ 28,800.00 $ 31,800.00 $ 37,800.00 $ 123,600.00 $ 114,000.00 $ 130,200.00 $ 136,200.00 $ 139,800.00 $ 155,400.00 $ 675,600.00 $ 14,840.00 $ 14,840.00 $ 2,183,240.00 ITEM QQ QQ-1 QQ-2 QQ-3 QQ-4 QQ-5 QQ-6 QQ-7 QQ-8 QQ-9 QQ-10 RR SS SS-1 SS-2 SS-3 SS-4 TT TT-1 TT-2 TT-3 TT-4 uu UU-1 UU-2 UU-3 UU-4 ANCILLARY GENERAL SERVICES DESCRIPTION ESTIMATED UNIT OF QUANTITY MEASURE By-Pass Pumping 8" diameter 5 LS 1 O" diameter 5 LS 12" diameter 5 LS 15" diameter 5 LS 18" diameter 5 LS 21" diameter 5 LS 24" diameter 5 LS 27" diameter 5 LS 30" diameter 5 LS 36" diameter 5 LS Standard Service Reconnection 25 Each Traffic Control -FOOT Right of Way Flagman 10 Setup Arrow Board 10 Setup Barricades 10 Setup Lane Dividers 10 Setup Traffic Control -City Right of Way Flagman 10 Setup Arrow Board 10 Setup Barricades 10 Setup Lane Dividers 10 Setup Traffic Control -County Right of Way Flagman 10 Setup Arrow Board 10 Setup Barricades 10 Setup Lane Dividers 10 Setup CONTRACT 0118-2600 PAGE 36 OF 40 UNIT PRICE EXTENDED PRICE $ 317.40 $ 1,587.00 $ 317.40 $ 1,587.00 $ 1,586.80 $ 7,934.00 $ 6,347.00 $ 31,735.00 $ 11,107.30 $ 55,536.50 $ 12,694.10 $ 63,470.50 $ 14,280.80 $ 71,404.00 $ 15,867.60 $ 79,338.00 $ 17,454.30 $ 87,271.50 $ 19,041.10 $ 95,205.50 TOTAL"QQ" $ 495,069.00 $ 195.00 $ 4,875.00 TOTAL "RR" $ 4,875.00 $ 655.90 $ 6,559.00 $ 190.40 $ 1,904.00 $ 359.70 $ 3,597.00 $ 15.90 $ 159.00 TOTAL 11 55 11 $ 12,219.00 $ 655.90 $ 6,559.00 $ 190.40 $ 1,904.00 $ 264.50 $ 2,645.00 $ 15.90 $ 159.00 TOTAL "TT" $ 11,267.00 $ 655.90 $ 6,559.00 $ 190.40 $ 1,904.00 $ 359.70 $ 3,597.00 $ 15.90 $ 159.00 TOTAL 11 UU11 $ 12,219.00 ITEM w W-1 VV-2 VV-3 VV-4 VV-5 VV-6 WW xx yy zz ZZ-1 ZZ-2 ZZ-3 AAA BBB ANCILLARY GENERAL SERVICES DESCRIPTION ESTIMATED UNIT OF QUANTITY MEASURE Easement Access 6" to 12" diameter 100 LF 14" to 18" diameter 100 LF 20" to 24" diameter 100 LF 27" to 30" diameter 100 LF 36" to 42" diameter 100 LF 48" to 54" diameter 100 LF Manhole Cleaning 2,800 SF Grout fill abandoned pipe 1,000 CY Chemical and physical product testing 10 EA Erosion and sediment control Silt Fencing 200 LF Floating Turbidity Barrier 200 LF Gutter Buddy 100 EA Mobilization 20 Setup Bonds 100,000 Percentage TOTAL "QQ" THRU "BBB" TOTAL ESTIMATED BID AMOUNT CONTRACT 0118-2600 PAGE 37 OF 40 UNIT PRICE EXTENDED PRICE $ 3.70 $ 370.00 $ 4.80 $ 480.00 $ 6.10 $ 610.00 $ 9.80 $ 980.00 $ 10.80 $ 1,080.00 $ 16.10 $ 1,610.00 TOTAL 11 VV11 $ 5,130.00 $ 5.30 $ 14,840.00 TOTAL 11 WW11 $ 14,840.00 $ 158.70 $ 158,700.00 TOTAL 11 XX 11 $ 158,700.00 $ 264.50 $ 2,645.00 TOTAL "VY" $ 2,645.00 $ 4.20 $ 840.00 $ 15.90 $ 3,180.00 $ 52.90 $ 5,290.00 TOTAL 11 ZZ 11 $ 9,310.00 $ 3,578.40 $ 71,568.00 TOTAL"AAA" $ 71,568.00 $ 0.03 $ 3,000.00 TOTAL "BBB" $ 3,000.00 $ 800,842.00 $ 9,496,402.50 CCC CCC-1 15" CCC-2 18" CCC-3 24" CCC-4 30" CCC-5 36" CCC-6 42" CCC-7 48" CCC-8 54" CCC-9 60" CCC-10 66" CCC-11 72" DOD DDD-1 15" DDD-2 18" DDD-3 24" DDD-4 30" DDD-5 36" DDD-6 42" DDD-7 48" DDD-8 54" DDD-9 60" DDD-10 66" DDD-11 72" ADDITIVE ALTERNATE No.1 SANITARY SEWER LINE RECONSTRUCTION SDR 26 LESS THAN 10' DEPTH 100 LF $ 272.00 100 LF $ 292.20 100 LF $ 385.60 100 LF $ 464.10 100 LF $ 582.90 100 LF $ 594.10 100 LF $ . 1,193.20 100 LF $ 1,500.00 100 LF $ 2,000.00 50 LF $ 2,500.00 50 LF $ 3,000.00 TOTAL "CCC" SANITARY SEWER LINE RECONSTRUCT/ON C900 GREATER THAN 10' DEPTH 100 100 100 100 100 100 100 100 100 50 50 CONTRACT 0118-2600 PAGE 38 OF 40 LF LF LF LF LF LF LF LF LF LF LF $ 333.30 $ 358.30 $ 469.00 $ 578.50 $ 745.00 $ 1,391.10 $ 1,500.00 $ 2,000.00 $ 2,500.00 $ 3,000.00 $ 3,500.00 TOTAL 11 DDD11 $ 27,200.00 $ 29,220.00 $ 38,560.00 $ 46,410.00 $ 58,290.00 $ 59,410.00 $ 119,320.00 $ 150,000.00 $ 200,000.00 $ 125,000.00 $ 150,000.00 $ 1,003,410.00 $ 33,330.00 $ 35,830.00 $ 46,900.00 $ 57,850.00 $ 74,500.00 $ 139,110.00 $ 150,000.00 $ 200,000.00 $ 250,000.00 $ 150,000.00 $ 175,000.00 $ 1,312,520.00 EEE EEE-1 EEE-2 EEE-3 EEE-4 EEE-5 EEE-6 EEE-7 EEE-8 EEE-9 FFF FFF-1 FFF-2 FFF-3 FFF-4 FFF-5 FFF-6 FFF-7 FFF-8 FFF-9 FFF-10 STORMWATER MAINS Line Reconstruction (concrete collars are incidental) greater than 8' depth and under roadways 15" RCP 250 18" RCP 250 24" RCP 250 30" RCP 250 36 'RCP 250 48" RCP 250 54" RCP 250 60" RCP 250 72" RCP 500 HOPE Line Reconstruction less than 8' 15" HOPE 250 18" HOPE 250 24" HOPE 250 30" HOPE 250 36" HDPE 250 42" HDPE 250 48" HOPE 250 54" HOPE 250 60" HOPE 250 70" HOPE 500 TOTAL 11 CCC 11 THRU 11 FFF 11 CONTRACT 0118-2600 PAGE 39 OF 40 LF $ 161.30 $ 40,325.00 LF $ 171.10 $ 42,775.00 LF $ 188.60 $ 47,150.00 LF $ 227.30 $ 56,825.00 LF $ 256.20 $ 64,050.00 LF $ 324.20 $ 81,050.00 LF $ 386.40 $ 96,600.00 LF $ 424.70 $ 106,175.00 LF $ 548.60 $ 274,300.00 TOTAL "EEE" $ 809,250.00 LF $ 133.60 $ 33,400.00 LF $ 142.20 $ 35,550.00 LF $ 160.60 $ 40,150.00 LF $ 203.10 $ 50,775.00 LF $ 209.80 $ 52,450.00 LF $ 231.70 $ 57,925.00 LF $ 279.80 $ 69,950.00 LF $ 310.00 $ 77,500.00 LF $ 353.50 $ 88,375.00 LF $ 390.00 $ 195,000.00 TOTAL 11 FFF 11 $ 701,075.00 $ 3,826,255.00 COMPOSITE EXHIBIT C is incorporated by reference and will remain on file in the Office of the Purchasing Agent CONTRACT 0118-2600 PAGE40 OF 40 THE CITY OF DAYTONA BEACH OFFICE OF THE PURCHASING AGENT Post Office Box 2451 Phone (386)671 -8080 Daytona Beach,Florida 32115-2451 Fax (386)671-8085 RENEWAL OF CONTRACT November 12,2020 EMAIL dpartridge@aegion.com Insituform Technologies,LLC Diane Partridge 17988 Edison Avenue Chesterfield,MO 63005 Re:Renewal of 0118-2600 Cured-ln-Place Pipe (CIPP) Dear Diane Partridge: Insituform Technologies,LLC is currently providing Cured-ln-Place Pipe (CIPP)to the City of Daytona Beach under an agreement entered into by the two parties by the above referenced bid.Section 8 of the contract allows the City the option to renew for up to 4 additional one year terms by providing the Contractor written notice at least 60 days before the end of the current term. The City of Daytona Beach desires to exercise the second of four renewal options to have this service continued by Insituform Technologies,LLC for the period effective 2/6/2021 through 2/5/2022 under the same terms and conditions. THE CITY OF DAYTONA BEACH {Jo/ZO James \7.Chisholm.City N4anager Date J*c^ GENERAL SERVICES CONTRACT CONTRACT NO. 0118-2600 THE PARTIES TO THIS CONTRACT are the City of Daytona Beach, a Florida municipal corporation (the "City"), and Insituform Technologies, LLC, a foreign limited liability company ("Contractor"). In consideration of the mutual covenants herein contained, the Parties agree as follows: Section 1. Scope of Services. Contractor will provide Cured in Place Pipe Lining and associated services as further described in Exhibit A, attached hereto and incorporated herein, to the City from time to time at the direction of the City during the Term of this Contract. Section 2. Services Must Be Authorized in Writing. This Contract, in and of itself, does not require the Contractor to perform any services or obligate the City to pay for any services rendered. No services will be provided under this Contract, and no payment obligation will arise for performance of services, except when specifically authorized by work authorization issued in accordance with the City's procurement policies. A work authorization may consist of a contract document signed by both the City and Contractor; or it may consist of Contractor's written quotation/proposal, identifying the work to be performed and the Fees for such work as established below; and the City's purchase order issued in response to and accepting the proposal. No work authorization may alter the terms and conditions of this Contract. In case of a conflict with a work authorization this Contract will govern. The work authorization may provide more detailed parameters for the services to be provided, such as deliverables, deadlines, and required conditions for payment of Fees, consistent with the provisions of this Contract. Section 3. Fee(s). For the services provided under this Contract, City will pay Contractor Fees based upon the Fee/Rate Schedule attached hereto as Exhibit B. The Fees described in Exhibit B will be Contractor's sole compensation for the services to be provided. Except for any reimbursable expenses specifically authorized by Exhibit, Contractor will be solely responsible for all of costs Contractor incurs in meeting its obligations herein. Section 4. Billing; Manner of Payment. In addition to requirements for payment established by applicable federal, state, or local law including the City Code, payment terms are as follows: (a) Unless provided otherwise herein, the City will pay 30 days after receipt of a valid invoice or receipt of goods or services, whichever is later. (b) In order to be considered to be valid, an invoice must include all information that the City needs to verify the accuracy of the invoice and the amount of payment due based on the speck requirements of this Contract, such as where partial payments are due upon completion of specific tasks, or where payments are based on hourly rates. In addition, where payment of reimbursable expenses is specifically provided for, an invoice for such expenses will not be valid unless sufficient documentation is provided to verify that such expenses were incurred and that other conditions have been met. In addition, where any portion of the work was performed by subcontractors, Contractor must provide proof of payment/release of subcontractors' liens except as provided in Section 12A. (c) If an invoice submitted by Contractor is not valid, within 30 days after receipt the City will provide notice to the Contractor identifying the deficiencies. Section 5. Standard of Performance. Contractor's services will at a minimum meet the level care and skill ordinarily used by members of Contractor's profession performing the type of services provided herein within the State of Florida. Section 6. Relationship between Parties. This Contract does not create an employee- employer relationship between the City and Contractor. Contractor is an independent contractor of the City and will be in control of the means and the method in which the requested work is performed. As an independent contractor, Contractor will be solely responsible for payment of all federal, state and local income tax, and self-employment taxes, arising from this Contract; and Contractor agrees to indemnify and hold harmless the City from any obligations relating to such taxes. The City will not make deductions from payments due, for such taxes, or for social security, unemployment insurance, worker's compensation, or other employment or payroll taxes. Section 7. Documents and Records. (a) All reports, estimates, logs, original drawings, and other materials fumished, prepared or executed by Contractor during the term of and in accordance with the provisions of this Contract will be the property of the City and delivered to the City upon demand or, if no demand has previously been made, upon completion of the particular task for which such materials were prepared, executed, or otherwise required. (b) To the extent applicable, Contractor will comply with the requirements of Florida Statutes Chapter 119, which may include the following: (1) Keeping and maintaining public records that ordinarily and necessarily would be required by the public agency in order to perform the service provided herein. (2) Upon the request of the City Clerk of the City (i) providing the City Clerk with a copy of requested public records, or (ii) allowing inspection or copying of public records, within a reasonable tim after receipt of the City Clerk's request, at a cost that does not exceed the cost provided in Ch. 119, Florida Statutes, or as otherwise provided by law. (3) Ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law until completion of the work required by a work authorization, and following such completion if Contractor fails to transfer such records to the City. (4) Upon completion of the work required by a work authorization, keep and maintain public records required by the City to perform the service. Contractor will meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City upon the request of the City Clerk, in a format that is compatible with the City's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MUST CONTACT THE CITY CLERK, WHOSE CONTACT INFORMATION IS AS FOLLOWS: (Phone) (Email) (Address) 386 671-8023 clerk@codb.us 301 S. Ridgewood Avenue Daytona Beach, FL 32114 Section 8. Effective Date and Term. The Effective Date of this Contract is the date on which the last Party signs it. The Term of this Contract is one year, commencing on the Effective Date. The City will have the option to renew this Contract for up to 4 Terms of one-year each, by providing Contractor written notice. Such notice must be provided at least 60 days before the end of the current Term unless waive by Contractor. If this Contract specifically provides that some or all of Contractor's services will be required only after issuance of a City work authorization, any work authorizations previously issued by the City will remain in effect after the expiration of this Contract unless the City terminates this Contract dues to Contractor's material breach after notifying Contractor to suspend such services as provided below. Section 9. Termination. (a) The City may by written notice to Contractor terminate this Contract, in whole or in part, at any time, either for the City's convenience or because of the failure of the Contractor to fulfill its contractual obligations. (1) Before terminating for convenience, City must provide Contractor at least 30 day's advance notice of termination. This Contract will terminate automatically and without need for further notice upon the expiration of the notice period. (2) Except as provided in Section 10(a)(3), before terminating due to Contractor's material breach of its contractual obligations, City must provide Contractor prior written notice, specifying the breach and demanding Contractor remedy the breach within 10 days of the notice, or within such longer period as may be reasonably required if the nature of the breach is that it cannot be remedied within 10 days of notice. This Contract will terminate automatically and without need for further notice if Contractor fails to remedy the material breach within the period described in the City's notice of breach. (3) The City may terminate this Contract upon Contractor's breach without providing Contractor an opportunity to remedy the breach as referenced immediately above, if Contractor or any of Contractor's personnel, in connection with the services or rights provided herein, commit a criminal act or engage in activity that poses a material risk of injury to persons or damage to property. Such termination will be effective immediately upon providing Contractor written notice. (b) If the termination is for convenience, Contractor will be paid compensation for authorized services performed to the date of termination. If termination is due to Contractor's material breach, the City reserves all rights and remedies it may have under law due to such breach. Among other things, the City may take over the work and prosecute the same to completion by other agreements or otherwise; and in such case, the Contractor will be liable to the City for all reasonable additional costs occasioned to the City thereby. (c) If after notice of termination for the Contractor's failure to fulfill contractual obligations it is judicially determined by a court of law that the Contractor had not so failed, the termination will be conclusively deemed to have been effected for the City's convenience. In such event, adjustment in payment to Contractor will be made as provided in subsection (b) of this Section for a termination for convenience. (d) The rights and remedies of City provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Contract. Section 10. Suspension of Services. The City may suspend Contractor's services if the notice of material breach provided pursuant to Section 10(a)(2) so directs. The City may also suspend Contractor's services in lieu of termination, under the conditions set forth in Section 10(a)(3), by providing Contractor written notice of suspension. Contractor will suspend activities immediately upon receipt thereof; and in such instance Contractor's rights to provide services referenced herein will also automatically be suspended for the period of such suspension. Section 11. Indemnification. Contractor will indemnify and hold harmless the City, including the City's officers, employees, and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor, or Contractor's officers, employees, or agents, including subcontractors and other persons employed or use by Contractor in the performance of this Contract. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this agreement or otherwise. Section 12. Insurance. Contractor will provide and maintain at Contractor's own expense, insurance of the kinds of coverage and in the amounts set forth in this Section. All such insurance will be primary and non-contributory with the City's own insurance. In the event any request for the performance of services presents exposures to the City not covered by the requirements set forth below, the City reserves the right to add insurance requirements that will cover such an exposure. (a) Coverage and Amounts. (1) Workers Compensation Insurance as required by Florida Statutes, Chapter 440, Workers' Compensation Insurance, for all employees of Contractor, employed at the site of the service or in any way connected with the work, which is the subject of this service. The insurance required by this provision will comply fully with the Florida Workers' Compensation Law and include Employers' Liability Insurance with limits of not less than $500,000 per occurrence. Any associated or subsidiary company involved in the service must be named in the Workers' Compensation coverage. If Contractor wishes to claim an exemption from worker's compensation insurance requirements, Contractor will notify the Risk Manager in writing on Contractor's official letterhead. (2) Liability Insurance, including (i) Commercial general liability coverage for operations, independent contractors, products-completed operations, broad form property damage, and personal injury on an "occurrence" basis insuring Contractor and any other interests, including but not limited to any associated or subsidiary companies involved in the work; and (ii) Automobile Liability Insurance, which will insure claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle used by the Contractor in the performance of this Contract. THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WILL NAME THE CITY AS AN ADDITIONAL INSURED. Contractor's Commercial General Liability insurance policy shall provide coverage to Contractor, and City when required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) without the attachment of any endorsements excluding or limiting coverage for Products/Completed Operations, Independent Contractors, Property of City in Contractor's Care, Custody or Control or Property of City on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds). When City is added as additional insured by endorsement, ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used to provide such Additional Insured status. The limit of liability for each policy will be a combined single limit for bodily injury and property damage of no less than $1,000,000 per occurrence. If insurance is provided with a general aggregate, then the aggregate will be in an amount of no less than $2,000,000. The Risk Manager may authorize lower liability limits for the automobile policy only, at the Risk Manager's sole discretion. Unless specifically waived hereafter in writing by the Risk Manager, Contractor agrees that the insurer shall waive its rights of subrogation, if any, against the City on each of the above listed insurance coverages. (b) Proof of Insurance. Contractor will furnish proof of insurance acceptable to the City prior to or at the time of execution of this Contract. Contractor will not commence work until all proof of such insurance has been filed with and approved by the City. Contractor will furnish evidence of all required insurance in the form of certificates of insurance which will clearly outline all hazards covered as itemized above, the amounts of insurance applicable to each hazard, the expiration dates. The certificates will also contain the following language as to cancellation: "In the event of cancellation of this policy by the insurer or any insured, this Company will give not less than 30 days advance written notice to: Risk Manager The City of Daytona Beach P.O. Box 2451 Daytona Beach, Florida 32115-2451" If requested by the City, Contractor will furnish copies of the insurance contracts to support the certificates of insurance and the copies of said insurance must be acceptable to the City. (c) Subcontractors' Insurance. Each of Contractor's subcontractors will be required to provide insurance in substantially similar form to the insurance required of Contractor above based on services provided. (d) Cancellation; Replacement Required. Contractor will file replacement certificates 30 days prior to expiration or termination of the required insurance occurring prior to the acceptance of the work by the City. If a required policy is canceled without Contractor's prior knowledge Contractor will immediately notify the City immediately upon becoming aware that a required insurance coverage has been canceled for any reason, and promptly replace the canceled policy. The City expressly reserves the right or replace the canceled policy at Contractor's expense of Contractor fails to do so. (e) Termination of Insurance. Contractor may not cancel the insurance required by this Contract until the work is completed, accepted by the City and Contractor has received written notification from the Risk Management Division of the City that Contractor may cancel the insurance required by this Contract and the date upon which the insurance may be canceled. The Risk Management Division of the City will provide such written notification at the request of Contractor if the request is made no earlier than two weeks before the work is to be completed. (f) Liabilities Unaffected. Contractor's liabilities under this Contract will survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverages. Similarly, Contractor's liabilities under this Contract will not be limited to the extent of by the existence of any exclusions or limitations in insurance coverages, or by Contractor's failure to obtain insurance coverage. Contractor will not be relieved from responsibility to provide required insurance by any failure of the City to demand such coverage, or by City's approval of a policy submitted by Contractor that does not meet the requirements of this Contract. Section 12A. Bonds. Contractor will be required to provide payment and performance bonds on a per project basis, which will each be equal to 100% of the value of any Work Authorization issued exceeding $100,000.00 prior to commencing the referenced work. The surety company executing the bonds must be authorized to do business in the State of Florida and must be listed by the United States Treasury Department as being approved for writing bonds for federal projects on its current list in an amount not less than the required bond amount. The form of the bond must be approved by the City and must be accompanied by sufficient evidence of the authority of the issuing agent. The bonds must otherwise comply with the requirements of F.S. § 255.05. In lieu of the required bonds, Contractor may provide an alternative form of security as specified in F.S. § 255.05(7) upon the City's approval. Any bonds used to comply with this Section must be in the form provided by the City; and Contractor must record the executed bonds and provide the City certified copies of the recorded documents before commencing work. Upon Contractor's (i) execution and recordation of payment and performance bonds complying with the foregoing provisions; and (ii) furnishing to the City a certified copy of the recorded bonds, proof of payment of Contractor's subcontractors and suppliers will not be required as a condition of making a required payment to Contractor; and to the extent that the General Conditions provide otherwise the General Conditions are superseded. Section 13. Notice. Unless otherwise expressly agreed herein, all notices, requests, and demands to or upon the Parties will be delivered by hand, delivered by a courier service, provided to a nationally recognized delivery service for overnight delivery, transmitted to a receiving fax machine followed by hard copy within two days, or by U.S. mail, postage prepaid by registered or certified mail, return receipt requested, to the addresses set forth herein: To the City: Eric Smith, Engineer II Daytona Beach Utilities 125 Basin St., Suite 100 Daytona Beach, FL 32114 Fax: 386-671-8502 To Contractor: Insituform Technologies, LLC Attn: Diane Partridge, Contracting and Attesting Officer 17988 Edison Avenue Chesterfield, MO 63005 Fax: (636) 530-8701 provided, however, that either Party may change the person or address designated for receipt of the Party's notices, by providing written notice to the other Party. Section 14. Personnel. In order to induce the City into entering this Contract, Contractor represents that Brandt Curvel, Project Manager; AI Yeomans, General Superintendent; and Jason Burnell, Field Superintendent will generally perform or directly supervise the tasks assigned to Contractor herein, and that Contractor will not replace the named individuals without the City's prior written approval. Contractor represents that Contractor has or will secure at Contractor's own expense, all personnel required in performing the services under this Contract. Such personnel will not be employees of or have any contractual relationship with the City. All personnel engaged in the work will be fully qualified and will be authorized under state and local law to perform such services. Section 16. City's Responsibilities. The City agrees to make available for review and use by the Contractor, reports, studies, and data relating to the services required. The City will establish a project manager to meet periodically with the Contractor to facilitate coordination and ensure expeditious review of work product. Section 16. Limitation on Waivers. Neither the City's review, approval, or acceptance of, or payment for, any of the services provided by Contractor, will be construed to operate as a waiver of the City's rights under this Contract. Contractor will be and always remain liable to the City in accordance with applicable law for any and all damages to the City caused by the Contractor's negligent or wrongful provision of any of the services furnished under this Contract. Failure of the City to exercise any right or option arising out of a breach of this Contract will not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. Furthermore, the failure of the City at any time to insist upon strict performance of any condition, promise, agreement or understanding set forth herein will not be construed as a waiver or relinquishment of the City's right to insist upon strict performance of the same condition, promise, agreement or understanding at a future time. Section 17. Dispute Resolution. If a dispute exists concerning this Contract, the Parties agree to use the following procedure prior to pursuing any judicial remedies. (a) Negotiations. A Party will request in writing that a meeting be held between representatives of each Party within 14 calendar days of the request or such later date that the Parties may agree to. Each Party will attend and will include, at a minimum, a senior level decision maker (an owner, officer, or employee of each organization) empowered to negotiate on behalf of their organization. The purpose of this meeting is to negotiate in the matters constituting the dispute in good faith. The Parties may mutually agree in writing to waive this step and proceed directly to mediation as described below. (b) Non-Binding Mediation. Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. Within 30 days after the procedure described in Subsection (a) proves unsuccessful or the Parties mutually waive the subsection (a) procedure, the Parties will submit to a non-binding mediation. The mediation, at a minimum, will provide for (i) conducting an on-site investigation, if appropriate, by the mediator for fact gathering purposes, (ii) a meeting of all Parties for the exchange of points of view and (iii) separate meetings between the mediator and each Party to the dispute for the formulation of resolution alternatives. The Parties will select a mediator trained in mediation skills and certified to mediate by the Florida Bar, to assist with resolution of the dispute. The Parties will act in good faith in the selection of the mediator and give consideration to qualified individuals nominated to act as mediator. Nothing in this Contract prevents the Parties from relying on the skills of a person who also is trained in the subject matter of the dispute or a contract interpretation expert. Each Party will attend and will include, at a minimum, a senior level decision maker (an owner, officer, or employee of each organization) empowered to negotiate on behalf of their organization. If the Parties fail to reach a resolution of the dispute through mediation, then the Parties are released to pursue any judicial remedies available to them. Section 18. General Terms and Conditions. (a) Amendments. Except as otherwise provided herein, no change or modification of this Contract will be valid unless the same is in writing and signed by both Parties. (b) Assignments and Subcontracting. No assignment or subcontracting will be permitted without the City's written approval. (c) Compliance with Laws and Regulations. In providing all services pursuant to this Contract, Contractor will abide by all federal, state, and local statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services including those now in effect and hereafter adopted; including, but not limited to, Occupational Safety and Health Administration's (OSHA) Excavation Safety Standard, 29 C.F.R.s 1926.650 Sub Part P, and the Trench Safety Act, Florida Statutes Section 553.60 of seq. For purposes herein, the aforementioned laws and regulations include the current stormwater permit issued to the City pursuant to the National Pollutant Discharge Elimination System (NPDES) program, a copy of which will be made available upon request. Any violation of said statutes, ordinances, rules, or regulations will constitute a material breach of this Contract and will entitle the City to terminate this Contract immediately upon delivery of written notice of termination to the Contractor. (d) Truth in Negotiations Certificate. Contractor hereby certifies that the wages and other factual unit costs supporting the compensation herein are accurate, complete, and current at the time of this Contract. (e) No Third Party Beneficiaries. There are no third party beneficiaries of Contractor's services under this Contract. (f) Contingency Fee. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract 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 Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. (g) Nondiscrimination. Contractor will not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their sex, race, creed, color, or national origin. Further, Contractor agrees to comply with all local, state, and federal laws and ordinances regarding discrimination in employment against any individual on the basis of race, color, religion, sex, national origin, physical or mental impairment, or age. In particular, Contractor agrees to comply with the provisions of Title 7 of the Civil Rights Act of 1964, as amended, and applicable executive orders including, but not limited to, Executive Order No. 11246. (h) Principles in Construing Contract. This Contract will be governed by and construed in accordance with the laws of the State of Florida. Captions and paragraph headings used herein are for convenience only, are not a part of this Contract and will not be deemed to limit or alter any provisions hereof or to be relevant in construing this Contract. The use of any gender herein will be deemed to be or include the other genders, and the use of the singular herein will be deemed to be or include the plural (and vice versa), wherever appropriate. If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding will only effect such word, phrase, clause, sentence or provision, and such finding will not affect the remaining portions of this Contract; this being the intent of the Parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. (1) Venue. The exclusive venue for any litigation arising out of this Contract will be Volusia County, Florida if in state court, or the U.S. District Court, Middle District of Florida if in federal court. U) Litigation Costs. Except where specifically provided herein, in case of litigation between the Parties concerning this Contract, each party will bear all of its litigation costs, including attorney's fees. (k) Force Majeure. A force majeure event is an act of God or of the public enemy, riots, civil commotion, war, acts of government or government immobility (whether federal, state, or local) fire, flood, epidemic, quarantine restriction, strike, freight embargo, or unusually severe weather; provided, however, that no event or occurrence will be deemed to be a force majeure event unless the failure to perform is beyond the control and without any fault or negligence of the Party charged with performing or that Party's officers, employees, or agents. Whenever this Contract imposes a deadline for performing upon a Party, the deadline will be extended by one day for each day that a Force Majeure event prevents the Party from performing; provided, however, that the Party charged with performing and claiming delay due to a Force Majeure event will promptly notify the other Party of the Event and will use its best efforts to minimize any resulting delay. (1) Jury Trial Waived. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS CONTRACT, OR ANY DEALINGS BETWEEN THE PARTIES. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL ENCOMPASSING OF ANY DISPUTES BETWEEN THE PARTIES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER, INCLUDING WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. (m) Authority to Bind Contractor. The undersigned representative of Contractor represents and warrants the he or she is fully authorized to bind Contractor to the terms and conditions of this Contract. (n) Incorporation of RFP and Proposal. The City's Request for Proposals 0118-2600, and the Contractor's responsive proposal are incorporated herein by reference as Composite Exhibit C and will remain on file in the Office of the Purchasing Agent. In case of conflicts between the RFP and Proposal, the RFP will govern. In case of conflicts between Composite Exhibit C and other provisions of this Contract, including Exhibits A and B, this Contract will govern. (o) Integration. This Contract represents the entire agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by either Party except as expressly set forth herein, or in other contemporaneous written agreements. IN WITNESS WHEREOF, the Parties through their undersigned representatives have caused this Contract to be executed in duplicate original. THE CITY By: Derrick L. Henry, Ma Date: l CONTRACTOR By Printe Name: Diane Partridge Title: Contracting and Attesting Officer Date: January 3, 2019 Attest: Approved as to legal form: By: INSITUFORM TECHNOLOGIES, LLC PRESIDENT APPOINTMENT OF CONTRACTING AND ATTESTING OFFICERS The undersigned, being the President of Insituform Technologies, LLC, a Delaware Limited Liability Company (the "Company"), and pursuant to the authority set forth in the Limited Liability Company Operating Agreement of the Company, hereby determines that: 1. Christlanda Adkins, Laura M. Andreski, Janet Hass, Jana Lause, Diane Partridge, Whittney Schulte, and Ursula Youngblood are appointed as Contracting and Attesting Officers of the Company, each with the authority, individually and in the absence of the others, subject to the control of the Board of Managers of the Company, to: (i) certify and attest to the signature of any officer of the Company; (ii) enter into and bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company; (iii) execute and to deliver documents on behalf of the Company; and (iv) take such other action as is or may be necessary and appropriate to carry out the project, activities and work of the Company. 2. Any person previously appointed or serving as a Contracting and Attesting Officer of the Company prior to the date hereof and who is not named above is hereby removed from any such appointment. Dated: December 1, 2018 Charles R. Gordon President EXHIBIT A SCOPE OF WORK 1. General The CITY requires professional Cured In Place Pipe (CIPP) rehabilitation services for sanitary sewer gravity mains and oval and round stormwater mains (8"- 72" diameter) on a continuing annual contract basis. Quantities listed are estimated for proposal purposes based on work projections and are subject to change. The term of the agreement will be for a period of one (1) year with an option to extend the agreement for four (4) additional one-year terms upon mutual agreement for the same prices and at the same terms and conditions. The contract shall not exceed five (5) years. 11. Summary of Work The CONTRACTOR shall provide all work required for a completed project including but not necessarily limited to labor, supervision, traffic control, materials, equipment, installation, onsite material test samples showing compliance with manufacturer's recommended material, handling and incidentals required for the rehabilitation of various sized sanitary sewer gravity mains and oval and round stormwater mains with resin impregnated cured-in-place pipe (CIPP) in accordance with American Society for Testing and Materials (ASTM) standaFd F 1216 99 Designation F1216-16 and all applicable CITY, manufacturer and industry preferred standards. The CONTRACTOR shall provide professional advice to CITY on the most cost-effective and efficient approach to resolve all challenges encountered during the performance of the work. Work assigned under this contract may include, but is not limited to, the following types of projects: • Stormwater main and sanitary sewer main cleaning • Stormwater main and sanitary sewer main pre- and post- work video inspections • Easement access • Maintenance of Traffic (MOT) • Isolation and by-pass pumping • Cured-In Place Pipe reconstruction • Chemical and physical product testing • Hydraulic capacity testing • Reinstatement of services and pressure grouting • Erosion and sediment control • Site restoration III. Product Performance A. Lining Standard lining products meeting product specifications outline in ASTM Designation: F1216-16 (Attachment A) are intended to have a 50-year design life and in order to minimize CITY's risk. Only proven products with substantial successful long- term track records will be approved. All thicknesses expressed on the Bid Item Schedule are the finished thicknesses of the liner after curing. B. Equipment/Vehicles All CONTRACTOR/sub-contractor equipment shall be sufficient in size and number for work to be performed in a timely manner under this contract. All CONTRACTOR/sub-contractor equipment shall be maintained in good operating condition. The CITY reserves the right to reject any equipment deemed unsafe or insufficient in size and/or number to perform work under this contract. It shall be the sole responsibility of the CONTRACTOR/sub-contractor to replace rejected equipment in a timely manner and at no cost to the CITY. All equipment shall be equipped at a minimum with manufacturer's recommended sound muffling devices that will reduce noise levels to the State or Federal acceptable limit for residential neighborhoods. IV. Materials A. All materials specified by name, brand or manufacturer shall be delivered to the job site in original containers. CONTRACTOR shall obtain printed instruction and special bulletins for the manufacturer-recommended safety precautions. CONTRACTOR/sub-contractor personnel will have copies of the manufacturer- recommended safety precautions available at the work site to ensure all work is performed in a safe manner. B. The CONTRACTOR shall use potable water from the CITY for the project. The CONTRACTOR must obtain a construction hydrant water meter and all appropriate fees paid prior to the start of work. The CONTRACTOR will be responsible for paying for all potable water used at standard CITY rates. VII. Contractor Responsibilities A. Backflow Prevention: The CONTRACTOR will properly install an approved backflow prevention device in-line to the fresh water fill line of all jetting and/or vacuum equipment B. Staffing: The CONTRACTOR shall employ adequate staff to perform the services required, including but not limited to Project Representative, Project Manager, Field Supervisor and Senior Foreman. CONTRACTOR shall provide staff who are proficient and experienced in all phases of services required. C. Site Assessment: The CONTRACTOR shall visit each site to assess site conditions including confirmation of the actual footage, material type and diameters and incorporate those findings in their initial cost and work proposal. D. Vehicle Identification: The CONTRACTOR shall ensure that employee's vehicles display company logo on the side doors and company phone numbers. The CONTRACTOR will not permit personal vehicles to be parked at the job site. E. License and Confined Space: The CONTRACTOR shall be a licensed CONTRACTOR for the provision of these services in the State of Florida with full service offices in the State of Florida for the provision these services. F. Cleaning of Stormwater Main and Sewer Lines: The CONTRACTOR shall remove and properly dispose of all debris from the inside of manholes, stormwater mains and/or sewer lines and provide a sufficiently dry interior environment that will not interfere with the installation's expected working life of a durable CIPP liner per the manufacturer's requirements. G. Bypassing Stormwater and Sewage: The CONTRACTOR shall provide for the flow of stormwater and sewage around the sections of pipe designated for reconstruction. The CONTRACTOR shall make the bypass by plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole by way of restrained watertight pipe. The CONTRACTOR will provide pump(s) and bypass lines of adequate capacity and size to handle the average daily flow. The CONTRACTOR'S backup bypass pump(s) will be adequately sized and with full operational capabilities and will be on site at all times of by-pass pumping. The CONTRACTOR shall be responsible for all traffic control during operations and bypass pumping. H. TV & Inspection of Pipelines: The CONTRACTOR will inspect pipelines using experienced personnel trained in locating breaks, obstacles and service connections by closed circuit television. The CONTRACTOR will carefully inspect the interior of the pipeline to determine the location of any conditions which may prevent proper installation of CIPP into the pipeline; the CONTRACTOR will notify the City so that these conditions can be corrected. The CONTRACTOR shall review all questionable host pipe areas with the CITY and provide advice on remedies to correct them. The CONTRACTOR will maintain a video and suitable log for later reference by the CITY. The CONTRACTOR will perform the post-construction inspection and will provide a video DVD and log to the CITY. The CONTRACTOR will ensure that all video inspection are witnessed by a CITY representative as it is being performed. The CONTRACTOR will include the cost of video inspection in the contract line items. 1. Manhole/Liner Interface: The CONTRACTOR shall make a watertight seal at the interface where the liner/host pipe meets the manhole or other attachment point. The CONTRACTOR'S removal of CIPP liner from areas where line placement was elected in lieu of resetting equipment shall be incidental to the placement of the CIPP. J. Service Reconnection: Service reconnection refers to the reinstatement of the house service connection at the sewer main after the installation of trenchless pipe reconnection system. The CONTRACTOR will accomplish this from within the sewer main via a remote controlled cutting device. K. Service with Pressure Grouting: The CONTRACTOR will pressure grout the service wye after mainline has been rehabilitated and service line re-instated. The CONTRACTOR will use a non-shrinking chemical grout (Avanti 118/101 or Cues Quickseal 105 are acceptable). The CONTRACTOR shall provide trenchless reconstruction of service laterals and main line sewers. The CONTRACTOR shall perform services including but not limited to televised inspection, data collection, system flow analysis and pipeline reconstruction in accordance with ASTM Designation F2454- 05, attached as Attachment B. L. Safety and Worksite Control: The CONTRACTOR will provide services that include safety measures for both their workers and the public. The CONTRACTOR is completely responsible for the control of the environment of the work site during on-site operations including implementation, operation, maintenance and tear down of traffic control systems. The CONTRACTOR will take all precautions to protect the workers, public the CITY staff from the exposure to harmful or hazardous situations and substances within the stormwater and sewer systems. M. Waste Materials: The CONTRACTOR will dispose all waste materials and shall transport waste materials to the nearest CITY Wastewater Treatment Plant for processing. The CONTRACTOR will obtain CITY approval of all waste material disposal schedules. The CONTRACTOR shall clean up all waste material spills and clean-up required due to the loading, hauling and unloading of the CONTRACTOR's equipment. The CONTRACTOR shall conform to any and all requirements regarding hauling and disposal of waste from each work site in accordance with OSHA regulations and those that may be mandated by federal, state or local governments. The CONTRACTOR shall ensure that all waste material transporters possess all required federal, state and local regulations, including but without limitation, 40 CFR Part 263, "Standards Applicable to Transporters of Hazardous Waste" and Chapter 17-730, Part 3, Florida Administrative Code, as may be amended from time to time. N. Curing Water: The CONTRACTOR will pay for all costs associated with disposal of curing water in accordance with CITY, State and Federal regulations. 0. TV Inspection Report: The CONTRACTOR will prepare and submit a report of each TV inspection and analysis to the CITY for review. The CITY shall consult with the CONTRACTOR and finalize the scope of work. P. Schedule Coordination: The CONTRACTOR shall inform the CITY of its planned work schedules two weeks in advance of performing the work and provide the CITY reasonable opportunity to observe and inspect the work. The CONTRACTOR will advise the CITY of all schedule changes and notified when a work site is to be left for a 24-hour period when work is not complete. 0. Rights of Various Interests: Wherever work being done by the City's forces or by other contractors is contiguous to Work covered by this Contract, the respective rights of the various interests involved shall be established by the City to secure the completion of the various portions of the work in general harmony. R. Separate Contracts: The City reserves the right to let other contracts in connection with this work. Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate Contractor's work with theirs. S. Patent Fees and Royalties* CONTRACTOR will be responsible at all times for compliance with applicable patents and copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the work or the formulation or presentation of its bid. CONTRACTOR will pay all royalties and license fees and will provide, prior to commencement of a Project hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not the OWNER specifies a particular design, device, material, or process. CONTRACTOR will defend all suits or claims for infringement of any patent or copyright and will save the OWNER harmless from any loss or liability, direct or indirect, arising with respect to CONTRACTOR's process in the formulation of its Bid or the performance of the Work or otherwise arising in connection therewith. The OWNER will have the right to stop the Work or terminate this Contract at any time if CONTRACTOR fails to disclose to the OWNER that CONTRACTOR's work methodology includes the use of any infringing design, device, material, or process. VIII. Contractor/ Sub-contractor Employee Conduct and Appearance A. Conduct: 1. CONTRACTOR and sub-contractors shall follow all applicable industry standards, federal, state, and local laws/ordinances as related to described work. 2. CONTRACTOR'S on-site employees shall all have current confined space entry certification. 3. The CONTRACTOR will remove any employee or sub-contractor employee reporting to a work site under the influence and/or smelling of alcohol from the work site. CONTRACTOR will immediately replace the employee in a timely manner and at no cost to the CITY. 4. The CONTRACTOR will provide trained supervision at the work site to ensure work is performed in a safe manner. 5. The CONTRACTOR shall correct any damage resulting from the negligence of CONTRACTOR or sub-contractor employee(s) to CITY property or equipment in a timely manner, to the CITY's satisfaction and at the CONTRACTOR's sole expense. B. Appearance: 1. CONTRACTOR and sub-contractor employees assigned to work under this contract will maintain a neat, clean, and professional appearance. 2. CONTRACTOR and sub-contractor employees shall wear uniforms consisting of, at minimum, wear a work shirt identifying their company name. 3. Licenses/Permits: The CONTRACTOR will obtain all necessary municipal and other governmental licenses/permits and approvals or consent from utilities or carriers such as communications companies, electric utilities, gas utilities and/or other persons/organizations upon whose property or authority performance of work under the contract might impinge. IX. Scope of Work General Stormwater and Sanitary Sewer Main Lining The CONTRACTOR will be compensated for oval stormwater mains at the unit cost for the round pipe diameter that meets or exceeds the oval pipe's square feet of flow-way area opening. Individual item quantities may be adjusted at the sole discretion of the City if necessary to compensate for unique project and site conditions. A. Stormwater Main and Sanitary Sewer Cleaning Scope: Work performed under this section includes removal and disposal of all dirt, roots, grease, solids, or semi-solids from stormwater mains, sanitary sewer mains and manholes as indicated on the drawings and as specified herein to the extent that video inspection, flow isolation, and manhole inspection can be performed. 1. Quality Assurance: The CONTRACTOR shall conduct cleaning operations using experienced personnel who have previously been engaged in cleaning operations of similar size and complexity to the work described herein. 2. Submittals: a. The CONTRACTOR shall submit a Cleaning Log in a format acceptable to the CITY for the purposes of recording pertinent information relative to the stormwater main and sanitary sewer structures being cleaned. The CONTRACTOR will provide the Cleaning Log no later than 14 calendar days after the conclusion of the cleaning. b. The CONTRACTOR will submit Material Safety Data Sheets (MSDS) for all chemical cleaning agents proposed for use under this contract no later than 14 days after the effective date of the Contract. B. Products: The CONTRACTOR shall utilizes cleaning equipment capable of removing all accumulated dirt, sand, grease, rocks and other deleterious materials and obstructions from the sanitary sewer mains and the oval and round stormwater mains. The CONTRACTOR will ensure that all equipment used for cleaning operations is designed and intended to do the type of work which is specified. The CONTRACTOR will utilize equipment which is self-contained to handle all operations, when possible. The CONTRACTOR will use equipment manufacturer that is actively engaged in the research, development and manufacturing of said equipment. The CONTRACTOR may be directed to remove equipment deemed sub-standard by the City and may be directed to replace the equipment with equipment meeting these specifications, at no additional cost to the CITY. 1. High Velocity Cleaning Equipment: The CONTRACTOR will supply all high velocity hydraulic sewer cleaning equipment mounted on trucks. The CONTRACTOR supplied equipment shall have a minimum of 500 feet of % inch I. D. high pressure hose with a selection of two or more high velocity nozzles. The nozzles shall have a capacity of 30 GPM at a minimum working pressure of 1000 psi. The nozzles shall be capable of producing a scouring action from 150 to 450 in the direction of cleaning and perpendicular to the sewer axis in all size lines designated to be cleaned. The CONTRACTOR will supply a high velocity gun for washing and scouring manhole walls and floor. The gun capacity shall equal 3.5 to 27 GPM at between 200 and 800 psi. The gun shall be capable of producing flows from a fine spray to a long distance solid stream. The equipment shall carry its own 1200 gallon (minimum) water tank capable of holding corrosive or caustic cleaning, sanitizing or degreasing chemicals if required by the CITY, auxiliary engines and pumps, and hydraulically driving hose reel. All controls shall be located so that the equipment can be operated aboveground. 2. Hydraulically Propelled Cleaning Equipment: The CONTRACTOR will supply hydraulically propelled cleaning equipment of the movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the storm or sewer systems. Storm/Sewer cleaning balls or other such equipment which cannot be collapsed instantly to provide an immediate unobstructed flow-way during emergency conditions will not be considered as acceptable cleaning equipment. The movable dam shall be of equal diameter as the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure total removal of the grease or obstruction. 3. Mechanical Cleaning Equipment: The CONTRACTOR will provide bucket machines in pairs with each machine powered by a minimum of a 16 horsepower engine to ensure sufficient pulling power. Each machine shall be equipped with a two speed transmission and shall be able to pull at rates of 175 feet per minute in high speed. The belt clutch gear reduction shall be a combination of approximately 83 to 1 reduction in low speed and 55 to 1 in high speed. The power rodding machine shall be of a "continuous rod" type capable of holding a minimum of 750 feet of rod. The machine and rod shall be specially treated steel, designed for the purpose intended. The machine shall have a positive rod drive and produce a 2,000 pound rod pull. To ensure safe operation, the machine shall have a fully enclosed body and an automatic safety throw-out clutch or relief valve. The final pass shall be with a brush large enough to ensure that the line has been cleaned sufficiently. This brush shall be mechanically driven, with the power mechanism properly sized. The CONTRACTOR will arrange all electrical drops required by the CONTRACTOR. 4. Capture and Removal of Debris: The CONTRACTOR shall furnish equipment, either specialized or standard in the industry, for the purpose of preventing debris from being washed past the manhole downstream of the line segment being cleaned, and for removing the debris from the manhole before any damage is caused to the system performance and or system equipment such as pump/lift stations, check valves, flow-ways, etc. The CONTRACTOR will bear the cost of all system down-time and repairs to restore operational status resulting from construction debris damage that in the CITY's opinion was reasonably preventable. 5. Water Metering Requirements: The CONTRACTOR will access CITY water via fire hydrants equipped with hydrant meters for cleaning, inversion and other work items requiring water. All costs incurred in obtaining and delivering the potable water shall be borne by the CONTRACTOR. The CONTRACTOR will use only potable water for this work. C. Execution: 1. General: These specifications provide a basis by which a stormwater main or sanitary sewer line can be cleaned of all debris so that further work can be carried out. The CONTRACTOR will clean the designated stormwater main and/or sanitary sewer lines using high velocity, hydraulically propelled or mechanically powered sewer cleaning equipment as specified. The CONTRACTOR'S selection of the equipment used shall be based on the condition of the lines at the time the work commences. The CONTRACTOR will select equipment and methods that are satisfactory to the CITY. The CONTRACTOR will accomplish the cleaning of stormwater main or sewer lines by trapping and collecting all sand, debris, grease and other materials at the next manhole downstream of the line being cleaned, and removal and proper disposal of said materials. The CONTRACTOR'S cleaning operations may also provide a means by which the stormwater main or sewer line can be threaded, i.e., a cable inserted in the line so that the television camera may be pulled through. The CONTRACTOR will not clean upstream sections of pipe once that section of pipe has been televised and accepted as complete. 2. Site Visit: The CONTRACTOR will conduct a physical reconnaissance of the area to be cleaned in order to verify the location of known and/or accepted manholes. 3. The CONTRACTOR shall utilize a magnetic locator to attempt to identify the location of buried manhole covers and notify the CITY representative so that CITY personnel can excavate and bring the manhole up to grade prior to cleaning. Under no circumstances shall the CONTRACTOR excavate buried manholes without prior written authorization from the CITY D. Hydraulic Cleaning Methodology: 1. High Velocity Cleaning Methodology: High velocity hydro-cleaning shall consist of cleaning and flushing of the stormwater main or sewer line by means of water pumped into the line at a high velocity. The CONTRACTOR shall accomplish cleaning using approved equipment to deliver water to a self-propelled nozzle to do the necessary cleaning and flushing. The CONTRACTOR will make as many passes as necessary to sufficiently clean the stormwater main or sewer line. The CONTRACTOR will take all precautions to protect the stormwater main or sewer line from damage that might be inflicted by the improper use of cleaning equipment. 2. Hydraulically Propelled Methodology: The CONTRACTOR will take precautions to ensure that the water does not cause damage of flooding to the public or private property being served by the manhole section involved whenever hydraulically propelled cleaning tools, which depend on water pressure to provide their cleaning force, or any tools which retard the flow of water in the stormwater main or sewer line are used. 3. Capture and Removal of Debris: The CONTRACTOR will construct a suitable weir or dam in the downstream manhole in such a manner that both the solids and water shall be trapped when hydraulic cleaning equipment is used, shall be constructed. The CONTRACTOR will pump this trapped solution using a method approved by the CITY, from the manhole into a retention chamber aboveground. The retention chamber shall contain not less than two baffles to ensure complete settlement of the solids before returning the liquid to the stormwater main or sewer line. E. Mechanical Cleaning Methodology: 1. Rodding: The CONTRACTOR will perform cleaning by rodding with a power-driven continuous steel rod of sufficient length and gauge with the proper cleaning heads or augers, so as to loosen all solids or other materials. It shall also provide a means to thread a cable for the power winch. 2. Bucket Machine: The CONTRACTOR will remove all solids, materials and other debris by means of a clam-shell type bucket and/or other appliances dragged through the stormwater main or sewer line with power winches of suitable size and horsepower. 3. Supplemental Cleaning: The CONTRACTOR will perform a minimum of one pass using hydraulic cleaning methods after all material has been removed by mechanical cleaning, to ensure complete removal of material from the walls of the pipe. The CONTRACTOR will repair any damage to pipes. 4. Capture and Removal of Debris: The CONTRACTOR will capture debris in the downstream manhole in a manner approved in writing by the CITY, or as described above when mechanical cleaning equipment is used. . F. Special Cleaning Requirements for Cast Iron Pipe: The CONTRACTOR will clean pipes of tuberculation, including rust build-up and mineral deposits after cleaning pipe of normal sewage deposits such as sand and grease by methods above. The CONTRACTOR may choose any equipment necessary to remove the tuberculation for pipe diameters greater than 24-inch, such as a "pig" or rodder; however, no equipment shall be used which may damage the pipe, manholes, street or downstream pump stations. The CONTRACTOR will remove all tuberculations for pipe diameters less than or equal to 24-inch, using a high pressure water blaster capable of delivering a minimum of 40 gallons per minute at a pressure of 10,000 psi. Where practical, the line shall be proofed by pulling a slip lining pulling head for the size of the pipe involved through the pipe to insure that no restrictions remain. The CONTRACTOR may choose a similar proofing device if deemed acceptable, in writing, by CITY. G. Sanitary Sewer Manhole Modifications: The CONTRACTOR will make any modifications to manholes to facilitate cleaning which will be subject to prior written approval by the CITY. CONTRACTOR shall salvage and reuse all manhole covers and rings that are removed during sewer line and manhole rehabilitation. H. Material Removal and Cleanup: 1. Material Removal: The CONTRACTOR will remove all sludge, dirt, sand, rocks, grease and other solid or semi-solid material resulting from the cleaning operation at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section will not be permitted. Under no circumstances will the CONTRACTOR be allowed to accumulate debris, sand, etc., on the site of work beyond the time limit approved by the CITY, except in totally enclosed containers, and only with the prior written approval of the CITY. The CONTRACTOR will remove all solids or semi-solids resulting from the cleaning operations from the site and disposed of at a location approved by the CITY. 2. Root Removal: The CONTRACTOR will remove all roots. The CONTRACTOR will give special attention during the cleaning operation to assure complete removal of roots from joints in lines and manholes. The CONTRACTOR may use chemical root treatment at the option of the CONTRACTOR. When the CONTRACTOR uses chemicals to aid in removal of roots, the chemical shall be EPA registered and labeled for use in sewer lines and manholes and in compliance with all applicable CITY, State and Federal regulations. All material and mixing/application procedures for chemical root treatment shall be consistent with the latest standards, requirements and recommendations of the manufacturer of the chemical root treatment material used. The CONTRACTOR shall protect waterways, ponds and other water bodies from chemical contamination. 1. Degree of Cleaning: The CONTRACTOR will remove all dirt, debris, roots and other solid and liquid materials from the sections of stormwater system or sewer system being cleaned to the extent that closed circuit television inspection can be performed. The CONTRACTOR will only perform light cleaning on all stormwater main and sanitary sewer main. A CITY representative shall define the extent of the cleaning to be performed on existing pipes included within a given work order. The level of cleaning is defined as follows: 1. Light Cleaning: The removal of Y4 pipe diameter depth or less of sand and/or debris from a section of pipe. The removal of roots and/or tuberculation will be paid under a separate line item. 2. Medium Cleaning: The removal of greater than % and up to and including '/2 pipe diameter depth of sand and/or debris from a section of pipe. The removal of roots and/or tuberculation will be paid under a separate line item. 3. Heavy Cleaning: The removal of greater than '/2 pipe diameter depth of sand and/or debris from a section of pipe. The removal of roots and/or tuberculation will be paid under a separate line item J. Dewatering: When by CITY and CONTRACTOR prior inspection and agreement it is determined that the pipe cannot be cleaned due to infiltration of groundwater, and the CONTRACTOR is required to temporarily halt the infiltration of groundwater by de- watering system means, the cost shall be included in the unit prices for cleaning as an incidental cost.. K. Manhole Clean-up: Clean-up operations shall consist of cleaning all debris out of the manhole and off the ground around the manhole. The CONTRACTOR will remove all debris from the stormwater system and sanitary sewer system and shall disposed of such debris properly off site in areas provided by the CONTRACTOR at the CONTRACTOR'S expense. The CONTRACTOR will provide transportation of debris or other material by the CONTRACTOR in vehicles or equipment which contain the debris or other material in such a manner to minimize objectionable odor and avoid the possibility of dripping, spilling, scattering, leaking or blowing. , The CONTRACTOR will clean up any debris or other material to the satisfaction of the CITY or other authorities having jurisdiction should spillage of debris resulting from overloading of trucks or for any other reason. The CONTRACTOR will ensure that all vehicles transporting debris or other material do not exceed the maximum allowable load limits of any road being used. L. Restoration: The CONTRACTOR will repair all damage to public and/or private property which occurs as a direct result of the cleaning operations. The cost of restoring any damaged area to conditions prior to cleaning shall be borne by the CONTRACTOR. M. Additional Cleaning: The CONTRACTOR will re-clean the line at no additional expense to the CITY should subsequent video inspection of cleaned stormwater main or sewers reveal that additional cleaning is required. The CONTRACTOR will provide any additional video inspection or re-setup of video equipment required due to re-cleaning at no additional expense to the CITY. N. Pre- and Post-Work Inspections The CONTRACTOR will video tape the stormwater main or sewer lines under the direct supervision of a CITY representative, prior to commencement of any proposed CIPP work and prior to acceptance of any completed CIPP work,. A CITY representative must be on site during the entire inspection procedure period. In the event the CONTRACTOR performs video inspection without a CITY representative present, the video will not be accepted by the CITY and must be re-done in the presence of a CITY representative. The CONTRACTOR will provide one (1) copy of the DVD video and associated video logs to the CITY prior to scheduling the post-cleaning and final inspections. CONTRACTOR shall meet with CITY staff to determine the acceptable method of repair if defects or problems are observed on the video. The CONTRACTOR will make all necessary repairs or correct the noted deficiencies at no cost to the CITY. The CONTRACTOR will provide mandatory television inspection on all stormwater main and sewer mains that CIPP work has been performed under this contract. Only pan and tilt type cameras will be allowed. The CONTRACTOR will provide two (2) copies each of the written report and DVD video record of the inspection with audible description of run, direction, location and description of any defect or abnormality to the CITY at the time of the inspection. The video will be in color with good clarity. No black and white or poor quality videos will be accepted. The CONTRACTOR will schedule television inspection a minimum of seventy-two (72) hours in advance and a CITY representative is required to be on-site during entire length of each television inspection; otherwise the television inspection will be deemed invalid. The CONTRACTOR will clean all lines prior to videoing in accordance with Technical Specifications. 0. Maintenance of Traffic (MOT) CONTRACTOR shall furnish all traffic control in accordance with the Florida Department of Transportation (FDOT) specifications as outlined in the "Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System" (latest edition) and the United States Department of Transportation/Federal Highway Administration (USDOT/FHWA) "Manual on Uniform Traffic Control Devices" (latest edition) for all aspects of assigned work. CONTRACTOR shall perform all construction activity so that access to businesses can be maintained at all times and access to occupied homes can be maintained during non- working hours. The CONTRACTOR will provide written notice prior to access blockage to the blocked business/resident a minimum of forty-eight (48) hours in advance, either mailed or hand-delivered with a copy of each furnished to the CITY. The CONTRACTOR shall maintain at least one lane of vehicular traffic at all times. The CONTRACTOR shall also provide safety barricades, business entrance signage and flag persons as required to properly maintain traffic flow. The CONTRACTOR shall prepare and submit a traffic maintenance plan for approval by the CITY prior to the start of work if directed by the CITY. The CONTRACTOR will include the cost of all work, materials and costs required for completed traffic control in the unit cost of the traffic control pay items in the pricing sheet. P. Locates CONTRACTOR is responsible for all utility locates. Q. Isolation and Bypass Operations 1. CONTRACTOR shall provide all isolation and bypass operations: The CONTRACTOR's objective of flow bypass and/or diversion pumping is to maintain an efficient and uninterrupted level of service to wastewater collection system and stormwater main users while maintenance or construction operations (including rehabilitation, repair or replacement) are being performed on the segment(s) being bypassed and/or from which flow is being diverted by: a. Ensuring that bypass and diversion pumps are adequately fueled, lubricated and maintained b. Ensuring backup spare parts are expeditiously applied to the flow bypass and/or diversion pumping system in the event of component breakdown. C. Ensure an emergency backup plan is smoothly implemented in the event of system failure. d. Preventing backup, spillage, flooding or overflow onto streets, yards and unpaved areas or into building, adjacent ditches, stormwater mains and waterways while flow bypass or diversion pumping takes place, and e. Ensuring that installation, startup and subsequent disassembly of the flow bypass and diversion pumping system is smoothly transitioned. 2. The CONTRACTOR will provide flow bypass and diversion pumping in such a manner so as not to damage private or public property, or create a nuisance or public menace. The CONTRACTOR will enclose the pumped sewage in a hose or pipe that is adequately protected from traffic and shall be redirected into the wastewater collection system. The CONTRACTOR will return flow to the sewer and will remove all temporary equipment after the work is completed. The CONTRACTOR will enclose the pumped storm water in an enclosed hose or pipe that is adequately protected from traffic and shall be redirected into the stormwater system. The CONTRACTOR shall return flow to the stormwater mains and all temporary equipment removed after the work is completed. 3. The CONTRACTOR will provide an experienced bypass/diversion pump maintenance operator/mechanic and/or deputy on site continuously to monitor the operation of the entire bypass/diversion system when pumps are operating. The operator/mechanic shall comprehensively, methodically and continuously: a. Adjust pump speed as appropriate so as not to adversely impact upstream or downstream flow condition levels b. Check that the effectiveness and security of bulkheads, dams, diaphragms, plugs, valves, weirs and all other flow control devices are working effectively and according to plan. C. Check the integrity of hoses and couplings along the entire bypass/diversion system. d. Monitor lubrication levels and top off as necessary e. Facilitate minor repairs as required f. Report to CITY on problems arising. 4. The CONTRACTOR shall plan and execute sewer flow control, bypass and diversion pumping operations. The CONTRACTOR shall be entirely liable for damages to private or public property that may result from his/her operations and for all cleanup, disinfection, damages, and resultant fines in the event of spillage, flooding or overflow. 5. The CONTRACTOR shall immediately stop the overflow and take action to clean up and disinfect the spillage in the event of accidental overflow or spillage. The CONTRACTOR shall notify the CITY immediately and in any event not less than twenty-four (24) hours following the occurrence. The CONTRACTOR is deemed to be entirely responsible should fines be subsequently imposed as a direct result of the overflow or spillage and the CONTRACTOR shall pay such fines as are imposed by the authorities. The CITY shall pay no fine(s) where it is shown the CONTRACTOR was entirely responsible for any overflow or spillage. 6. The CONTRACTOR shall complete work as efficiently as possible without interruption once by-pass pumping is underway at any given site. 7. The CONTRACTOR will ensure the level of noise emitted from pumps is within local regulations/ordinance parameters. R. Work Integration 1. Hours of Operation: The CONTRACTOR will conduct all work during CITY acceptable work hours (typically 7:30 a.m. to 6:00 p.m.), Monday through Friday with the exception of CITY-observed events or holidays, unless circumstances prevent such scheduling. Such circumstances may include, but are not limited to, structures with high peak flows, significant negative impact on business or schools or excessive pedestrian and vehicular traffic flow if structure is located in vehicular or pedestrian thoroughfare. In such circumstances, "off hours" work will be required. This work may include late night and/or early morning hours and weekends. Such scheduling shall be agreed upon by both the CONTRACTOR and the CITY prior to the start of work. CONTRACTOR overtime and other CONTRACTOR-related costs shall be borne by the CONTRACTOR. 2. Work Coordination: The CONTRACTOR shall coordinate all work between a single point of contact for the CONTRACTOR and the CITY designated project manager. The CONTRACTOR will conduct discussion of structure conditions before work starts and final payment based on conditions agreed to at time of commencement of work or in subsequently approved change orders. 3. The CONTRACTOR will notify the CITY a minimum of seventy-two (72) hours prior to the commencement of work in order for CITY personnel to be available for onsite activities. S. Work Product Submittals 1. Bypass Pumping: The CONTRACTOR will provide submittals for the by- pass pumping plan and those plans approved no less than two weeks prior to execution of the work. The CONTRACTOR will not mobilize prior to approval of the pumping plan. 2. Videotaping: CONTRACTOR will submit one copy of each of two video inspections; one prior to the start of work and one after CIPP lining is completed for each project. The video shall be of high visual quality with complete and clear annotation on screen to trace the route of camera travel and accurately determine the pipe condition in compatibility with the route and inspection information in the condition assessment log. T. Site Restoration The CONTRACTOR shall restore the work site(s) on a daily basis where practical. The CONTRACTOR will clear all obstructions from roadways, sidewalks, bike paths and other public thoroughfares daily, to the largest extent possible. The CONTRACTOR will not create a public nuisance during restoration activities. The CONTRACTOR will complete all restoration activities within a minimum of fourteen (14) calendar days of work being finished in a work area. Site restoration is ancillary item for the CIPP reconstruction and shall be included in the LF cost. U. Ordering and Payment 1. Work will be ordered by the City through delivery of a work order request e-mail that includes a due date for the work order proposal to be submitted, a brief description of the work to be done and an aerial map with a schematic detail of the pipe system. The work order request will include a request for a fee and a time for completion. The City's work order request to the Contractor is based on an annual prioritized list of projects or a request from the Field Operations staff. It may or may not include the need for special conditions such as a compressed timeframe for response and the work schedule based upon the urgency/conditions such as an impending or partial road collapse. Acceptance of the work order proposal shall be documented by issuance of a City Purchase Order. Work shall not commence until issuance of an electronic Notice to Proceed (i.e., an email) for the work order. 2. The CONTRACTOR will submit monthly invoices to the CITY inspector for review and agreement prior to submitting to the CITY project manager for final acceptance and processing of payment. V. Mobilization Mobilization charges shall include movement of equipment and material to and from the site and other costs not included as a separate line item to commence work on a work authorization. W. Line Reconstruction 1. Sanitary: Includes open cut and installation of SDR-26 PVC Sanitary Sewer. Furnished and Installed. Open cut and Construct Sanitary Sewer line includes all labor, materials, and equipment necessary for dewatering, excavation, sheeting, shoring bracing installation of SDR26 PVC sanitary sewer, rigid fernco connections or manhole boots as required, pipeline identification and warning tape, disposal of excess material and old pipe, suitable backfill, replacement of existing improvements, pavement repair, testing, sodding and cleanup. 2. Sanitary: Incudes open cut installation of C900 Sanitary sewer. Furnished and Installed. Open cut and Construct Sanitary Sewer line includes all labor, materials, and equipment necessary for dewatering, excavation, sheeting, shoring bracing installation of C900 sanitary sewer, rigid fernco connections or manhole boots as required, pipeline identification and warning tape, disposal of excess material and old pipe, suitable backfill, replacement of existing improvements such as connections, testing, sodding and cleanup. 3. Stormwater: Incudes open cut installation of RCP stormwater pipeline. Furnished and Installed. Open cut and Construct stormwater line, includes all labor, materials, and equipment necessary for dewatering, excavation, sheeting, shoring, bracing installation of RCP stormwater pipeline identification and warning tape, disposal of excess material and old pipe, suitable backfill, replacement of existing improvements such as connections, testing, sodding, pavement repair, brick and mortar installation and any connection to a structure and cleanup. FDOT Concrete collars are required on RCP to connect pipe and incidental to installation of the stormwater PVC line. 4. Stormwater: Incudes open cut installation of HDPE stormwater pipeline. Furnished and Installed. Open cut and Construct stormwater line includes all labor, materials, and equipment necessary for dewatering, excavation, sheeting, shoring, bracing installation of HDPE stormwater pipeline identification and warning tape, disposal of excess material and old pipe, suitable backfill, replacement of existing improvements such as connections, testing, sodding, pavement repair, brick and mortar installation and any connection to a structure and cleanup. HDPE collars are incidental to installation of the stormwater HDPE line. X. Grout Fill Abandoned Lines Grout fill will be required where the City determines it best to replace the entire line in a different alignment. The unit price will be paid by the cubic yard. Payment will be for the furnishing and placement of the grout mixture and will include all necessary excavation, connections, restoration and all other accommodations to properly perform the work. Y. Manhole Cleaning the CONTRACTOR will remove all dirt, debris, roots and other solid and liquid materials from the sections of stormwater or sewer manhole being cleaned to the extent that closed circuit television inspection can be performed. OPP REHABILITATION - SANITARYSEWER MAINS ITEM DESCRIPTION ESTIMATED QUANTITY UNIT OF i UNIT PRICE MEASURE _ EXTENDED PRICE A ® 8" diameter A-1 6.0 mm normal thickness (.236")10,000 LF $ 23.10 $ 231,000.00 A-2 7.5 mm normal thickness (.295")10,000 LF $25.20 $ 252,000.00 A-3 9.0 mm normal thickness (.354")5,000 LF __ $ 26.00 $ 130,000.00 TOTAL "A"$ 613,000.00 B 10" diameter B-1 6.0 mm normal thickness (.236")400 LF $_ 27.30 $ 10,920.00 B-2 7.5 mm normal thickness (.295")400 LF $ 29.70 $ 11,880.00 B-3 9.0 mm normal thickness (.354")400 LF_ - -$ 31.00 $ 12,400.00 i TOTAL "B"$ 35,200.00 C 12" diameter C-1 6.0 mm normal thickness (.236")400 LF $ 30.40 $ 12,160.00 C-2 7.5 mm normal thickness (.295")400 LF $ 32.90 $ 13,160.00 C-3 9.0 mm normal thickness (.354")600 LF $ 39.30 $ 23,580.00 ~TOTAL "C"$ 48,900.00 D 1S" diameter D-1 _ 6.0 mm normal thickness (.236")400 LF _ $ 38.00 $ 15,200.00 D-2 7.5 mm normal thickness (.295") 400 LF $ 42.10_$ 16,840.00 D-3 9.0 mm normal thickness (.354") 600 LF $49.10 $ 29,460.00_ TOTAL "D"$ 61,500.00 E E-1 6.0 mm normal thickness (.236")300 j LF $ 37.90 $ 11,370.00 E-2 7.5 mm normal thickness (.0295")300 LF !$ 45.00 $ 13,500.00 E-3 9.0 mm normal thickness (.354")300 LF $ 57.70 $ 17,310.00 E-4 105 mm normal thickness (.413")200 LF $ 61.20 $ 12,240.00 TOTAL "E"$ 54,420.00 F 21 diameter F-1 6.0 mm normal thickness (.236") ;300 LF $ 44.00 $ 13,200.00 F-2 7.5 mm normal thickness (.295")300 LF $ 48.00 $ 14,400.00 F-3 9.0 mm normal thickness (.354")300 LF 1 $ 67.50 $ 20,250.00 F-4 10.5 mm normal thickness (.413")300 LF G $ 73.30 $ 21,990.00 F-5 12.0 mm normal thickness (.472")200 LF ; $ 78.90 $ 15,780.00 F-6 Charge for each 1.5 mm thickness increase per LF exceeding 12.0 mm 100 LF $ 4.20 $ 420.00 TOTAL "F"$ 86,040.00 OPP REHABILITATION -SANITARY SEWER MAINS iITEMDESCRIPTION _ I ESTIMATED QUANTITY UNIT OF r UNIT PRICE MEASURE ; EXTENDED PRICE G 24" diameter G-1 9.0 mm normal thickness (.354")300 LF $ 70.00 $ 21,000.00 G-2 10.5 mm normal thickness (.413")300 LF $ 82.50 $ 24,750.00 G-3 12.0 mm normal thickness (.472')300 LF $ 89.90 $ 26,970.00 G-4 13.5 mm normal thickness (.531")300 LF $ 94.90 $ 28,470.00 G-5 15.0 mm normal thickness (.591")200 LF $ 100.20 $ 20,040.00 G-6 Charge for each 1.5 mm thickness increase per LF exceeding 15.0 mm 100 LF $ 4.30 $ 430.00 -~TOTAL "G"$ 121,660.00 H 27" diameter H-1 9.0 mm normal thickness (.354")100 LF $ 74.00 $ 7,400.00 H-2 10.5 mm normal thickness (.413")~ _ 100 j LF $ v 89.70 $ 8,970.00 H-3 12.0 mm normal thickness(.472")100 LF $ 97.90 $ 9,790.00 H-4 13.5 mm normal thickness (.531")50 LF $ 104.20 $ 5,210.00 H-5 15.0 mm normal thickness (.591")50 LF $ 110.30 $ 5,515.00 H-6 Charge for each 1.5 mm thickness 1 increase per LF exceeding 15.0 mm 100 LF j 3.90 $ 390.00 TOTAL "H"$ 37,275.00 1 30" diameter 1-1 9.0 mm normal thickness (.354") i 100 LF $ 76.00 $ 7,600.00 1-2 10.5 mm normal thickness (.413")100 LF $ 101.10_$ 10,110.00 1-3 12.0 mm normal thickness (.472") C 100 $ 109.50LF $ 10,950.00 1-4 13.5 mm normal thickness (.531")100 LF $_ 115.90 $ 11,590.00 1-5 15.0 mm normal thickness (.591")100 LF j $ 121.80 $ 12,180.00 1-6 Charge for each 1.5 mm thickness increase r LF exceeding 15.0 mm 100 LF $ 5.50 $ _ 550.00 TOTAL "I"$ 52,980.00 J 36" diameter J-1 10.5 mm normal thickness (.413")100 LF $ 90.00 $ 9,000.00 J-2 12.0 mm normal thickness (.472")100 LIF I $ 134.50 $ 13,450.00 J-3 13.5 mm normal thickness (.531")100 LF $ 142.80 $ 14,280.00 J-4 15.0 mm normal thickness (.591")`100 LF $ 150.70 $ 15,070.00 J-5 16.5 mm normal thickness (.650")100 LF 157.40$$ 15,740.00 J-6 18.0 mm normal thickness (.709")100 LIF _ ($ 166.10 $ 16,610.00_ J-7 Charge for each 1.5 mm thickness increase per LF exceeding 18.0 mm 100 LF $ 5.60 $ 560.00 TOTAL "1"$ 84,710.00 OPP REHABILITATION - SANITARY SEWER MAINS ITEM DESCRIPTION j ESTIMATED QUANTITY UNIT OF MEASURE UNIT PRICE EXTENDED PRICE K 42" diameter K-1 10.5 mm normal thickness (.413") _ 100 m LF $ 119.80 $ 11,980.00 K-2 12.0 mm normal thickness (.472")100 LF $ 158.80 $ 15,880.00 K-3 13.5 mm normal thickness (.531") _ 100 LF~ , $ 167.60 $ 16,760.00 K-4 15.0 mm normal thickness (.591")100 LF $ 176.40 $ 17,640.00 K-5 16.5 mm normal thickness (.650") --- 50 LF $ 185.20 $ 9,260.00 K-6 18.0 mm normal thickness (.709")50 LF $ 192.80 $ 9,640.00 K-7 Charge for each 1.5 mm thickness increase per LF exceeding 18.0 mm 100 LF $ 7.10 $ 710.00 TOTAL "K"$ 81,870.00 TOTAL "A" THRU "K"J $ 1,277,555.00 CLEAN & INSPECTION - SANITA RY SEWER MAINS L.Light Cleaning and Inspection L-1 1 8" -12" diameter 6,000 LF $ 2.50 $ 15,000.00 L-2 14" -18" diameter 6,000 LF s $ 5.00 $ 30,000.00 L-3 20" - 24" diameter -- - - -6,000 LF $ 7.00 ($ 42,000.00 L-4 27" - 42" diameter 6,000 ;LF $ 10.00 $ 60,000.00 L-5 48" - 72" diameter 62000 LF $ 12.10 $ 72,600.00 -- - ~~ --- TOTAL "L" $ 219,600.00 M Medium Cleaning M-1 -12" diameter 6,000 _ LF $ 3.70 $ 22,200.00 M-2 14"- 18" diameter 6,000 LF $ 7.00 $ 42,000.00 M-3 _ 20" - 24" diameter , T 6,000 LF $ 10.00 $ 60,000.00 M-4 27" - 42" diameter 6,000 LF $ 13.10 $ 78,600.00 M-5 48" - 72" diameter 6,000 LF $ 15.10 $ 90,600.00 i ( TOTAL "M"$ 293,400.00 N -Heavy Cleaning N-1 18"- 12" diameter 6,000 LF i $ 3.30 $ 19,800.00 N-2 14" -18" diameter 6,000 LF $ 8.00 ! $ 48,000.00 N-3 20" - 24" diameter 6,000 _ LF $ 12.10 I $ 72,600.00 N-4 27" - 42" diameter 6,000 LF $ 16.10 $ 96,600.00 N-5 48" - 72" diameter 6,000 LF $ 18.10 $ 108,600.00 -- 4i 6,000 LF $ - TOTAL "N"$ 345,600.00 0 Root Removal _ 0-1 8"- 12" diameter 6,000 LF $ 1.60 $ 9,600.00 0-2 14" -18" diameter 6,000 LF $ 2.60 $ 15,600.00_ 0-3 20" - 24" diameter 006 0 LF $ 4.80 $ 28,800.00 0-4 6,000j 27" - 42" diameter 5.30LF$$ 31,800.00 0-5 __ _- 48" - 72" diameter 6,000 LF $ 6.30 $ 37,800.00 TOTAL "0"$ 123,600.00 CLEAN & INSPECTION -SANITARY SEWER MAINS _ ITEM DESCRIPTION ESTIMATED QUANTITY UNIT OF MEASURE UNIT PRICE EXTENDED PRICE P Tuberculation Cleaning P-1 8" -12" diameter 6,000 LF $_ 19.00 $ 114,000.00 P-2 14" -18" diameter _ 6,000 LF $ 21.70 $ 130,200.00 P-3 20"- 24" diameter 6,000 LF $ 22.70 $ 136,200.00 P-4 27" - 42" diameter 6,000 LF $ 23.30 $ 139,800.00 P-5 48"- 72" diameter 6,000 j LF +$ 25.90 $ 155,400.00 TOTAL "P"$ 675,600.00 TOTAL "L" THRU "P"l $ 1,657,800.00 SANITARY SEWER LATERAL CIPP LINING-TOP HAT/FULL WRAP - UP TO 36" Q-1 Four (4) inch lateral connection per ASTM F1216-16 20 EA ($ 2,009.90 $ 40,198.00 Q-2 Six (6) inch lateral connection per ASTM F1216-16 20 _ EA 2,009.90 $ 40,198.00 Q-3 Eight (8) inch lateral connection per ASTM F1216-16 20 EA $ 2,009.90. $ 40,198.00 Q-4 Lateral lining 0 to 30' per ASTM F1216-16 (100 LF $ 79,30 i $ 7,930.00 Q-5 Additional Lateral Lining > 30' per ASTM I F1216-16 100 LF 37.00$$_ _ 3,700.00 Q-6 _ Lateral Cutout 20 EA _. $ 195.00 _ $ 3,900.00 Q-4 Lateral Grout 20 EA $ 390.20 $ 7,804.00 TOTAL "Q"$ 143,928.00 SANITARY SEWER MANHOLE/LIFT STATION REFURBISHMENT R-1 Interior Manhole Application (Precast)2,000 SF $ 19.00 ; $ 38,000.00 R-2 Interior Manhole Application (Brick)2,000 SF $ 23.30 i $ 46,600.00 R-3 Interior Lift Station Application (Precast)2,000 SF $ 21.20 $ 42,400.00 R-4 Interior Lift Station Application (Brick)2,000 SF $ 26.40 $ 52,800.00 R-5 Bench/Invert Repair 200 EA $ 528.90 $ 105,780.00 TOTAL "R";$ 285,580.00 SANITARY SEWER CLEANOUT INSTALLATION ITEM iDESCRIPTION E ESTIMATED UNIT OF ' UNIT PRICE QUANTITY MEASURE EXTENDED PRICE S-1 Four (4) inch cleanout 20 EA $ 528.90 $ 10,578.00 S-2 Six (6) inch cleanout 20 EA $ 634.70 $ 12,694.00 S-3 Eight (8) inch cleanout 20 ( EA $ 793.40 $ 15,868.00 TOTAL "S"'$ 39,140.00 MANHOLE CLEANING ITEM DESCRIPTION ESTIMATED QUANTITY UNIT OF MEASURE UNIT PRICE EXTENDED PRICE T Manhole cleaning 2,000 SF $ 5.30 $ 10,600.00 TOTAL "T"$ 10,600.00 TOTAL "Q" THRU "T"~$ 479,248.00 l CIPP REHABILITATION - STORMWA TER MAINS U 8" diameter U-1 6.0 mm normal thickness (.236") I 500 LF $ 39.50 $ 19,750.00~ TOTAL "U"$ 19,750.00 V 10" diameter V-1 6.0 mm normal thickness (.236")400 LF $ 45.50 $ 18,200.00 V-2 1 7.5 mm normal thickness (.295")400 LF $ _ 48.00 $ 19,200.00 TOTAL "V"$ 37,400.00 W 12" diameter _T W-1 6.0 mm normal thickness (.236")750 LF ($ 48.80 $ 36,600.00 W-2 7.5 mm normal thickness (.295'750 LF $ 51.50 $ 38,625.00 TOTAL "W" I $ 75,225.00 X 15" diameter X-1 6.0 mm normal thickness (.236")~1,000 LF $ 55.00 $ 55,000.00 X-2 7.5 mm normal thickness (.295')1,500 LF $ 64.50 $ 96,750.00 X-3 X-4 9.0 mm normal thickness (.354") Charge for each 1.5 mm thickness ' increase per LF exceeding 9.0 mm 1,000 1000 LF $ _ 76.90 LF $ 2.10 $ 76,900_.0_0_ $ 210.00__ TOTAL "X"$ 228,860.00 Y 18" diameter Y-1 6.0 mm normal thickness (.236")1,250 LF _ $ 52.20 $ 65,250.00 Y-2 7.5 mm normal thickness (.295")1,250 LF y $ 67.60 $ 84,500.00 Y-3 9.0 mm normal thickness (.354")1,250 LF $ 79.40 ;$ 99,250.00 Y-4 10.5 mm normal thickness (.413") 1,250 LF $ 82.90 $ 103,625.00 Y-5 Charge for each 1.5 mm thickness increase per LF exceedin 10.5 mm 100 LF $ 4.20 $ 420.00 TOTAL "Y"$ 353,045.00 Z 21" diameter _ __ Z-1 6.0 mm normal thickness (.236")220 LF $ 59J0 $ 13,134.00 Z-2 7.5 mm normal thickness (295")220 LF $63.50 $ 13,970.00 Z-3 9.0 mm normal thickness (.354")220 LF _ $ 90.10 $ 19,822.00 Z-4 10.5 mm normal thickness (.413")220 LF $ 96.10 $ 21,142.00 Z-5 12.0 mm normal thickness (.472")200 LF $ 104.40 $ 20,880.00 Z-6 Charge for each 1.5 mm thickness increase per LF exceeding 12.0 mm 100 LF $ 4.20 $ 420.00 TOTAL "Z"j $ 89,368.00 CIPP REHABILITATION - STORMWATER MAINS ITEM DESCRIPTION ESTIMATED UNIT OF I UNIT PRICE EXTENDED QUANTITY MEASURE !PRICE AA 24" diameter AA-1 9.0 mm normal thickness (.354')700 LF 95.00 $ 66,500.00 AA-2 10.5 mm normal thickness (.413")700 l-F 106.70 $ 74,640.00 AA-3 12.0 mm normal thickness (.472")700 LF $ 116.80 $ 81,760.00 AA-4 13.5 mm normal thickness (.531")700 LF $ 122.00 $ 85,400.00 AA-5 15.0 mm normal thickness (591")700 LF I $ 127.50 $ 89,250.00 AA-6 Charge for each 1.5 mm thickness increase per LF exceeding 15.0 mm 100 LF $ 4.30 ($ 430.00 TOTAL "AA"$ 398,030.00 BB 27" diameter BB-1 9.0 mm normal thickness (.354")220 1 LF 100.00 $ 22,000.00 BB-2 10.5 mm normal thickness (.413")220 1 LF $ 113.70 1 $ 25,014.00 BB-3 12.0 mm normal thickness (.472 ) I 220 L LF $ 124.60 $ 27,412.00 1313-4 1 13.5 mm normal thickness (.531") I 220 j LF j $ 131.20 $ 28,864.00 BB-5 15.0 mm normal thickness (.591") 220 LF $ 137.60 1 $ 30,272.00 BB-6 Charge for each 1.5 mm thickness 100 LFincrease per LF exceeding 15.0 mm 4.50 1 $ 450.00 TOTAL "BB"$ 134,012.00 CC 30" diameter CC-1 9.0 mm normal thickness (.354")600 j LF $ 100.00 1 $ 60,000.00 CC-2 3") 600 (10.5 mm normal thickness (.41 LF $ 113.70 1 $ 68,220.00 CC-3 _ 12.0 mm normal thickness (.472") 600 LF $ 123.30 1 $ 73,980.00 CC-4 13.5 mm normal thickness (.531") 600 LF 129.90 $ 77,940.00 CC-5 15.0 mm normal thickness (.591") 600 LF 135.90 $ 81,540.00 Charge for each 1 5 mm thicknessCC-6 .100 LFincrease per LF exceeding 15.0 mm $ 5.50 $ 550.00 TOTAL "CC 362,230.00 DD 36" diameter DD-1 10.5 mm normal thickness (.413") j 500 LF 108.00 $ 54,000.00 DD-2 12.0 mm normal thickness (.472")500 LF $ 151.70 $ 75,850.00 DD-3 13.5 mm normal thickness (.531")500 LF 160.30 $ 80,150.00 DD-4 15.0 mm normal thickness (.591")500 LF 168.30 $ 84,150.00 ~ DD-5 16.5 mm normal thickness (.650")250 LF $ 175.10 $ 43,775.00 DD-6 18.0 mm normal thickness (.709")! 250 LF j $ 184.00 46,000.00_ DD-7 Charge for each 1.5 mm thickness increase per LF exceeding 18.0 mm 1 100i LF $ 5.60 $ 560.00 1TOTAL"DD"$ 384,485.00 CIPP REHABILITATION - STORMINA TER MAINS ITEM DESCRIPTION ESTIMATED QUANTITY EE 42" diameter EE-1 10.5 mm normal thickness (.413")250 EE-2 12.0 mm normal thickness (.472")250 EE-3 13.5 mm normal thickness (.531")250 EE-4 15.0 mm normal thickness (.591")250 EE-5 16.5 mm normal thickness (.650") 250 EE-6 18.0 mm normal thickness (.709") 250 EE-7 Charge for each 1.5 mm thickness 100increase r LF exceeding 118.0 mm FF 48" diameter FF-1 12.0 mm normal thickness (.472") 200 FF-2 13.5 mm normal thickness (.531") 200 FF-3 15.0 mm normal thickness (.591") 200 FF-4 16.5 mm normal thickness (.650' 200 FF-5 18.0 mm normal thickness (.709") 200 FF-6~ 19.5 mm normal thickness (.768") 100 UNIT OF UNIT PRICE MEASURE LF 120.00 i LF~6 1 $ 140.00 LF 5 185.80 LF $ 194.80 LF~ $ 203.80 LF $ 211.50 LF 7.10 TOTAL "EE" EXTENDED PRICE $ 30,000.00 r$ 35,000.00 46,450.001 48,700.00 50,950.00 52,875.00 $ 710.00 $ 264,685.00 LF $ 150.00 $ 30,000.00 LF $ 160.00 $ 32,000.00 LF $ 225.30 $ 45,060.00 LF $ 235.60 $ 47,120.00_ - L ---- LF $ 244.60 $ _ 48,920.00 LF $ 262.20 $ 26,220.00 FF-7 21.0 mm normal thickness (.827")100 FF-8 Charge for each 1.5 mm thickness increase per LF exceeding 21.0 mm 100 GG 52" diameter GG-1 10.5 mm normal thickness (.413")25 GG-2 12.0 mm normal thickness (.472") v 25 GG-3 1")13.5 mm normal thickness (.53 25 GG-4 _ 15.0 mm normal thickness (.591")25 GG 5 16.5 mm normal thickness (.650'I 25 GG-6 18.0 mm normal thickness (.709")j _25 GG-7 19.5 mm normal thickness (.768')25 GG-8 21.0 mm normal thickness (.827")25 GG-9 22.5 mm normal thickness (.886")100 GG-10 Charge for each 1.5 mm thickness increase per LF exceeding 22.5 mm 1 LF $ 270.90 $ 27,090.00 LF LF LF LF LF LF LF ( LF LF j LF LF $ 8.00 1 $ 800.00 TOTAL "FF" 1 $ 257,210.00 $ 145.00 $ 155.00 $ 165.00 S ___ 196.50 204.20 262.20 279.30 $ 290.40 302.60 3,625.00 3,875.00 $ 4,125.00 $ 4,912.50 $ 5,105.00 $ 6,555.00 $ 6,982.50 $ 7,260.00 $ 30,260.00 $ 9.60 TOTAL"GG" $ 960.00 73,660.00 CIPP REHABILITATION - STORMINATER MAINS ITEM DESCRIPTION (ESTIMATED QUANTITY UNIT OF MEASURE UNIT PRICE EXTENDED PRICE HH 54" diameter HH-1 _ 10.5 mm normal thickness (.413")25 _ LF $ 150.00 $ 3,750.00 HH-2 12.0 mm normal thickness (.472")25 LF $ 160.00 $ 4,000.00 H11-3 13.5 mm normal thickness (.531")25 LF $ 170.00 $ 4,250.00 HH-4 15.0 mm normal thickness (.591")25 LF $ 210.00 $ 5,250.00 HH-5 16.5 mm normal thickness (.650") j 25 _ LF $_ 215.00 $ 5,375.00 HH-6 18.0 mm normal thickness (.709")25 LF $ 288.90 $ _ 7,222.50 HH-7 19.5 mm normal thickness (.768")25 LF $ 305.50 $ 7,637.50 HH-8 21.0 mm normal thickness (.827") _ 25 LF 406.10 $ 10,152.50 HH-9 22.5 mm normal thickness (.886")100 LF $ 419.70 $ 41,970.00 HH-10 Charge for each 1.5 mm thickness increase per LF exceeding 22.5 mm 100 LF $ 9.80 $ 980.00 ~~-~-~-TOTAL "HH"$ 90,587.50 II 60" diameter_ II-1 10.5 mm normal thickness (.413") !25 (LF $ 302.40 $ 7,560.00 II-2 12.0 mm normal thickness (.472")25 LF $ 319.00 $ 7,975.00 II-3 13.5 mm normal thickness (.531")25 LF 1 $ 330.20 $ 8,255.00 II-4 15.0 mm normal thickness (.591")25 LF :$ 341.20 $ 8,530.00 II-5 16.5 mm normal thickness (.650")25 LF :$ 350.40 $ 8,760.00 II-6 18.0 mm normal thickness (.709")25 LF $ 445.50 $ 11,137.50 II-7 19.5 mm normal thickness (.768")25 LF 468.90$$ 11,722.50 11-8 21.0 mm normal thickness (.827")j 25 LF _ $ 483.90 $ 12,097.50 II-9 22.5 mm normal thickness (.886")i 100 LF $ 499.10 $ 49,910.00 II-10 Charge for each 1.5 mm thickness increase per LF exceeding 22.5 mm 100 LFE 13.50$$ 1,350.00 ' _ TOTAL "II"$ 127,297.50 JJ 72" diameter JJ-1 10.5 mm normal thickness (.413'25 LF $~ 500.10 $ 12,502.50 JJ-2 12.0 mm normal thickness (.472")«25 LF $ 506.20 $ 12,655.00 JJ-3 13.5 mm normal thickness (.531 ; 25 LF $ 519.70 $ 12,992.50 JJ 4 15.0 mm normal thickness (.591 25 LF $ 532.80 $ 13,320.00 JJ-5 16.5 mm normal thickness (.650")25 LF $ 546.60 $ 13,665.00 JJ-6 18.0 mm normal thickness (.709")25 ( LF $ 680.50 $ 17,012.50 JJ-7 19.5 mm normal thickness (.768")25 LF $ 763.20 $ 19,080.00 JJ-8 _ 21.0 mm normal thickness (.827")25 LF $ 781.80 $ 19,545.00 JJ-9 22.5 mm normal thickness (.886")100 LF $ 796.30 $ 79,630.00 JJ 10 Charge for each 1.5 mm thickness increase per LF exceeding 22.5 mm 100i LF $ 14.70 $ 1,470.00__ TOTAL "11"$ 201,872.50 Total CIPP Rehabilitiation - Stormwater Mains ("U" THRU "JJ")$ 3,097,717.50 CLEAN & INSPECTION - STORMWA TER MAINS ITEM DESCRIPTION ESTIMATED QUANTITY UNIT OF MEASURE UNIT PRICE EXTENDED PRICE KK Light Cleaning and inspection i KK-1 8"- 12" diameter 6,000 LF $ 6.00 $ 36,000.00 KK-2 14" - 18" diameter 6,000 LF $ 8.00 $ 48,000.00 KK-3 20" - 24" diameter 6,000 LF I $ 9.00 $ 54,000.00 KK-4 27" - 42" diameter 6,000 i LF j $ 12.10 $ 72,600.00 KK-5 48" - 72" diameter 6,000 L LF $ 16.10 $ 96,600.00 TOTAL "KK"$ 307,200.00 L.L.Medium Cleaning LL-1 8" - 12" diameter 6,000 LF $ 9.00 $ 54,000.00 LL-2 14"- 18" diameter 6,000 LF !$ 11.10 $ 66,600.00 LL-3 6,00020" - 24" diameter LF ; $ 14.10 $ 84,600.00 LL-4 _ 27" - 42" diameter 6,000 (LF $ 17.10 $ 102,600.00 LL-5 48"- 72" diameter 6,000 LF 20.10$$ 120,600.00__ TOTAL "LL"$ 428,400.00 MM Heavy Cleaning MM-1 8" - 12" diameter 6,000 LF $ 11.10 $ 66,600.00 MM-2 14" - 18" diameter 6,000 LF i $ 16.10 $ 96,600.00 MM-3 20" - 24" diameter 6,000 LF $ 4 20.10 $ 120,600.00 MM-4 27"- 42" diameter 6,000 LF $ 26.10 $ 156,600.00 MM-5 48"- 72" diameter 6,000 (LF $ 32.20 $ 193,200.00 TOTAL "MM""$ 633,600.00 NN Root Removal NN-1 8" - 12" diameter 6,000 LF $ 1.60 $ 9,600.00 NN-2 _ 14" - 18" diameter 6,000 LF $ 2.60 $ 15,600.00 NN-3 20" - 24" diameter 6,000 LF !$ 4.80 $ 28,800.00 NN-4 27" - 42" diameter 6,000 , LF $ 5.30 $ 31,800.00 NN-5 48"- 72" diameter 6,000 LF $ 6.30 $ 37,800.00 TOTAL "NN"$ 123,600.00 00 erculation CleaningTub 00-1 _ 8" - 12" diameter _ 6,000 LF I $ 19.00 $ 114,000.00_ 00-2 14" - 18" diameter _ 6,000 LF ($ 21.70 $ 130,200.00 00-3 20" - 24" diameter 6,000 LF ($ 22.70 $ 136,200.00 00-4 27"- 42" diameter 6,000 LF $ 23.30 $ 139,800.00 00-5 - 72" diameter8"6,000 LF $ 25.90 $ 155,400.00_ TOTAL "00"$ 675,600.00 PP Stormwater Manhole Cleaining 2,800 S1 $ 5.30 $ 14,840.00_ TOTAL "PP"$ 14,840.00 TOTAL "KK" THRU "PP"$ 2,183,240.00 ANCILLARY GENERAL SERVICES ITEM DESCRIPTION ESTIMATED UNIT OF QUANTITY j MEASURE UNIT PRICE EXTENDED PRICE QQ By-Pass Pumping _~- QQ-1 8" diameter 5 LS $ 317.40 $ 1,587.00 QQ-2 10" diameter 5 LS _u $ _ 317.40 $ 1,587.00 QQ-3 12" diameter 5 LS $ 1,586.80 $ 7,934.00 QQ-4 15" diameter _ 5 LS $ 6,347.00 $ 31,735.00 QQ-5 18" diameter 5 LS $ 11,107.30 $ 55,536.50 QQ-6 _ 21" diameter 5 _ LS $ 12,694.10 $ 63,470.50 QQ-7 24" diameter 5 LS $ 14,280.80 $ 71,404.00 QQ-8 27" diameter 5 LS $ ___ 15,867.60 $ 79,338.00 QQ-9 30" diameter 5 LS $ 17,454.30 $ 87,271.50 QQ-10 36" diameter 5 LS $ 19,041.10 $ 95,205.50 TOTAL "QQ'$ 495,069.00 RR Standard Service Reconnection 25 Each $ 195.00 $ 4,875.00 TOTAL "RR"$ 4,875.00 SS T Right of WayTraffic Control - FDO SS-1 _ Flagman v 10 Setup $ 655.90 $ 6,559.00 SS-2 Arrow Board 10 Setup $ 190.40 $ 1,904.00 SS-3 Barricades _ 10 Setup $ 359.70 $ 3,597.00 SS-4 Lane Dividers 10 Setup $ 15.90 $ 159.00 ~~TOTAL "SS"$ 12,219.00 TT Traffic Control - City Right of Way TT-1 Flagman 10 ( Setup $ _ 655.90--$- 6,559.00 TT-2 Arrow Board 10 Setup $ 190.40 $ 1,904.00 TT-3 Barricades 10 Setup $ 264.50 $ 2,645.00 TT-4 Lane Dividers 10 Setup $ 15.90 $ 159.00 -~---~ -TOTAL "TT"$ 11,267.00 UU Traffic Control - County Right of Way UU-1 Flagman 10 Setup $ 655.90 $ 6,559.00 UU-2 Arrow Board 10 Setup $ 190.40 $ 1,904.00 UU-3 Barricades 10 Setup $ 359.70 $ 3,597.00 U U -4 Lane Dividers ___ 10 Setup $ 15.90 $ 15900___ TOTAL "UU"$ 12,219.00 ANCILLARY GENERAL SERVICES ITEM DESCRIPTION ESTIMATED QUANTITY UNIT OF MEASURE UNIT PRICE EXTENDED PRICE W Easement Access W-1 6" to 12" diameter 100 LF _ $ 3.70 $ 370.00 W-2 14" to 18" diameter _ 100 LF $ 4.80 $ 480.00 W-3 20" to 24" diameter 100 LF ' $ 6.10 $ 610.00 W-4 --- 27" to 30" diameter 100 LF $_ 9.80 $ 980.00 W-5 36" to 42" diameter 100 LF $ 10.80 $ 1,080.00 W-6 48" to 54" diameter 100 LF $ 16.10 $ 1,610.00 TOTAL "W"$ 5,130.00 _ WWW Manhole Cleaning 2,800 SF 5.30$$ 14,840.00 LL W TOTAL "WW"$ 14,840.00 XX Grout fill abandoned pipe 1,000 CY 158.70 $ 158,700.00 I _ I TOTAL "XX"$ 158,700.00 YY Chemical and physical product testing 10 EA $264.50 $ 2,645.00_ TOTAL "YY"$ 2,645.00 ZZ IErosion and sediment contro ZZ-1 __ Silt Fencing 200 LF $ 4.20 $ 840.00 ZZ-2 Floating Turbidity Barrier 200 LF $ 15.90 $ 3,180.00 ZZ-3 _ Gutter Buddy 100 EA $ 52.90 $ 5,290.00_ _ _-- -- -i -TOTAL "ZZ"$ 9,310.00 AAA Mobilization 20 ~j Setup_$ 3,578.40 $ 71,568.00 TOTAL "AAA"$ 71,568.00 BBB Bonds 100,000 Percentage $ 0.03 $ 3,000.00 TOTAL "BBB"$ 3,000.00 TOTAL "QQ" THRU "BBB"$ 800,842.00 TOTAL ESTIMATED BID AMOUNT { $ 9,496,402.50 ADDITIVE ALTERNATE No. 1 SANITARY SEWER LINE RECONSTRUCTION SDR 26 LESS THAN 10' DEPTH CCC CCC-1 15"100 LF $ 272.00 $ 27,200.00 CCC-2 18" -100 LF $ 292.20 $ 29,220.00 CCC-3 24"100 LF $ 385.60 _$ 38,560.00 CCC-4 30"100 LF ~ $ 464.10 $ 46,410.00 CCC-5 36"100 LF $ 582.90 $ 58,290.00 CCC-6 42"100 LF $ 594.10 $ 59,410.00 CCC-7 48"100 LF $ 1,193.20 $ 119,320.00 CCC-8 54" - 100 LF $ 1,500.00 $ 150,000.00 CCC-9 60"100 LF $ 2,000.00 $ 200,000.00 CCC-10 66"50 LF $ 2,500.00 $ 125,000.00 CCC-11 72"50 LF !$ 3,000.00 $150,000.00 ' TOTAL "CCC" _ $ 1,003,410.00 SANITARY SEWER LINE RECONSTRUCTION C900 GREATER THAN 10' DEPTH __- DDD DDD-1 15"100 LF $ 333.30 $ 33,330.00 DDD-2 18" 100 LF $ 358.30 $ 35,830.00 DDD-3 24"100 LF $ A 469.00 $ 46,900.00 D DD-4 30"100 LF $ 578.50 $ 57,850.00_ DDD-5 36"100 LF $ 745.00 $ 74,500.00 DDD-6 42" _ 100 LF $ 1,391.10 $ 139,110.00 DDD-7 48" i 100 LF $ 1,500.00 $ 150,000.00 DDD-8 54"100 LF $ 2,000.00 $ 200,000.00 DDD-9 60" j 100 LF $ 2,500.00 $ 250,000.00 DDD-10 66"50 LF ~$ 3,000.00 $ 150,000.00 DDD-11 72"50 LF $ 3,500.00 $ 175,000.00 TOTAL "DDD"$ 1,312,520.00 STOR MINATER MAINS EEE Line Reconstruction (concrete collars are incidental) greater than 8' depth and under roadways j EEE-1 15" RCP 250 _ LF $ 161.30 $ 40,325.00 EEE-2 18" RCP I 250 LF $ 171.10 $ 42,775.00 EEE-3 24" RCP 250 LF $ 188.60 $ 47,150.00 EEE-4 30" RCP 250 LF $ 227.30 $ 56,825.00 EEE-5 36 'RCP 250 LF $ 256.20 $ 64,050.00 EEE-6 48" RCP 250 1 LF $ 324.20 $ 81,050.00 EEE-7 54" RCP __ 'i 250 LF $ 386.40 $ 96,600.00 EEE-8 60" RCP 250 _ LF $ 424.70 $ 106,175.00 EEE-9 72" RCP 500 LF $ 548.60 $ 274,300.00_ TOTAL "EEE"$ 809,250.00 FFF HDPE Line Reconstruction less than 8' 1 _ FFF-1 15" HDPE 250 LF $ 133.60 $ 33,400.00 FFF-2 18" HDPE 250 i LF $ 142.20 $ 35,550.00 FFF-3 24" HDPE 250 LF $ 160.60 $ 40,150.00 FFF-4 30" HDPE v 250 LF ; $ 203.10 $ 50,775.00 FFF-5 36" HDPE 250 LF $ 209.80 $ 52,450.00 FFF-6 _ 42" HDPE 250 LF $ 231.70 $ 57,925.00 FFF-7 48" HDPE 250 LF $ 279.80 $ 69,950.00 FFF-8 54" HDPE 250 LF $ 310.00 $ 77,500.00 FFF-9 60" HDPE 250 LF $ 353.50 $ 88,375.00 FFF-10 70" HDPE ; 500 i LF $ 390.00 $ 195,000.00 ~~TOTAL "FFF"$ 701,075.00 TOTAL "CCC" THRU "FFF"$ 3,826,255.00 (COMPOSITE EXHIBIT C is not attached but will remain on file in in the Office of the Purchasing Agent and will be available upon request) Insituform Technologies, LLC is a subsidiary of Aegion Corporation 17988 Edison Avenue Chesterfield, MO 63005 www.insituform.com Name: Kenny Boeh Title: Business Development Phone: 412-310-8826 Fax: 813-627-0006 Email: kboeh@aegion.com 6/11/2021 Project Name: Village of North Palm Beach West Wind and Osprey Storm Sewer Rehabilitation 2021 Project #: Piggyback – City of Daytona Beach – 0118-2600 Sanitary and Storm Rehabilitation Start Date: TBD Completion Date: TBD PROPOSAL PRICING: Bid Items Per Documents Description Unit of Measure Quantity Bid Unit Price Total 1 CIPP 15" x 7.5mm normal thickness (.295") LF 111 $64.50 $7,159.50 2 CIPP 18" x 9.0mm normal thickness (.354") LF 298 $79.40 $23,661.20 3 CIPP 21" x 9.0mm normal thickness (.354") LF 268 $90.10 $24,146.80 4 CIPP 24" x 10.5mm normal thickness (.413") LF 246 $106.70 $26,248.20 5 Medium Cleaning 14" - 18" LF 409 $11.10 $4,539.90 6 Medium Cleaning 20" - 24" LF 514 $14.10 $7,247.40 7 Arrow Board Setup 6 $190.40 $1,142.40 8 Barricades Setup 6 $264.50 $1,587.00 9 Lane Dividers Setup 6 $15.90 $95.40 10 Mobilization Setup 1 $3,578.40 $3,578.40 Total $99,406.20 Submitt ed By: Kenny Boeh Business Development Manager Chuck Huff Director of Public Works | Village of North Palm Beach Phone: (561) 904-2139 • Fax: (561) 626-5869 • Cell (561) 348-0697 645 Prosperity Farms Road • North Palm Beach, FL • 33408 An Aegion Company VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council FROM: Andrew D. Lukasik, Village Manager DATE: June 24, 2021 SUBJECT: RESOLUTION – Approval of a Consulting Services Contract with Kimley-Horn for completion of a Utility Undergrounding Master Plan and Feasibility Study in an amount of $133,451. Village staff is recommending Council adoption of a Resolution approving an agreement with Kimley- Horn for completion of a Utility Undergrounding Master Plan and Feasibility Study in an amount of $133,451. Background: Undergrounding overhead utilities has been identified as a desired project for the Village:  The 2016 Citizens’ Master Plan identified undergrounding as a lower priority infrastructure project.  Additionally, the Village Council has identified undergrounding overhead utilities as a priority in the Village’s Annual Strategic Plan. There are several reasons to consider undergrounding overhead power lines:  Aesthetics: The appearance of an area can be greatly improved by reducing the visual clutter of utility wires and poles.  Increased Reliability: Falling tree limbs and blowing debris from high winds frequently cause utility disruptions by destroying overhead lines. According to data submitted to the Florida Public Service Commission by FPL, underground power systems perform significantly better t han overhead systems during hurricanes and other significant windstorm events.  Safety and Community Health: Burying lines eliminates fire hazards, accidents, and safety risks from power outages due to downed lines. People and animals are far less likely t o come into contact with underground power lines than they are with overhead power lines.  Economic Development: Many revitalization experts agree that investing in improving the appearance of traditional commercial areas is one of the best ways to attract new business and stimulate economic development. Minimizing the visual impact of utilities can be a major strategy to beautify and revitalize an area. In addition to the Village’s interest in undergrounding overhead utility lines, it is important to note that Florida Power and Light (FPL) has an immediate interest in hardening the power system in the Village. FPL has submitted nine permit applications to harden its energy grid in the Village since July 2019. These permits were submitted to the Village as part of FPL’s state-wide initiative to harden facilities by 2024. FPL and the Village have communicated about the status of FPL’s hardening initiative and are working collaboratively to implement a plan to underground overhead facilities as opposed to investing in new poles. Undergrounding now, before FPL hardens its overhead facilities, will allow the Village to leverag e the lower cost of removing depreciated infrastructure and using a regulatory “credit” from FPL to reduce the cost of the project. The reason for this is that, pursuant to Florida Public Service Commission regulations and the tariff that governs the underground conversion of overhead powerlines, FPL is required to give the Village a 25 percent discount toward the cost of a new, underground power system. Additionally, FPL provides credit for the cost avoidance of overhead hardening projects that FPL has scheduled but are able to cancel due to local undergrounding initiatives. Request for Qualifications (RFQ) Process: In accordance with Section 287.055, Florida Statutes (Consultants’ Competitive Negotiation Act), the Village issued an RFQ on January 14, 2021 in an effort to identify the most qualified firm to provide utility undergrounding project management and engineering consulting services to the Village. A Selection Committee consisting of Village Manager Andy Lukasik, Acting Director of Public Works Chuck Huff, Building Official Wayne Cameron and Village residents Todd Engle (Palm Beach Gardens City Engineer) and Craig Perkins (owner of Perk Construction) participated in the initial review of the qualification statements. The following five firms submitted their qualifications on March 5, 2021: Kimley-Horn, Brannon & Gillespie, Utility Consultants of Florida, Ferreira, and Engenuity. Based upon the Committee’s review of the qualification statements submitted by each firm, Kimley-Horn and Brannon & Gillespie were shortlisted and invited to make presentations to the Committee and respond to specific questions from the Committee members. On April 16, 2021, the Committee, with Wayne Cameron being unable to attend, received presentations from the two shortlisted firms. Although both firms are extremely experienced and well qualified, the Committee selected Kimley-Horn as the firm that will best be able to address the Village’s needs as part of any utility undergrounding project. Kimley-Horn demonstrated a superior understanding of the Village’s need for communication with the public and the need to identify and secure alternate sources of funding for the project. In accordance with the requirements of the CCNA and the RFQ issued by the Village, on June 10, 2021, the Village Council approved the Selection Committee’s ranking of the firms and authorized Staff to commence competitive negotiations with Kimley-Horn. As a result, Village staff and Kimley-Horn have developed the scope of work for an initial agreement to plan for utility undergrounding as described below. Utility Undergrounding Master Plan and Feasibility Study: The initial scope of work being recommended to the Village Council is the preparation of a Utility Undergrounding Master Plan and Feasibility Study. This initial plan will serve as the basis for future services to aid in the final planning, design and construction of the undergrounding program. The proposed Scope of Services includes the following: Data Collection and Base Mapping (Task 1): $21,873 Kimley Horn will use existing and/or create Geographic Information System (GIS) data to complete base maps showing the approximate locations of existing major overhead infrastructure as well as planned construction projects by the Village or other stakeholders. This will be important as the Village begins to resolve stormwater infrastructure capacity, maintenance and water quality issues in order to maximize construction dollars and minimize disruption in residential neighborhoods. Initial Program Planning (Task 2): $56,649 Based upon feedback from utility providers and the need to establish cost-effective projects that minimize neighborhood impacts, Kimley-Horn will develop recommended limits of proposed phases of construction. These phases will be illustrated using the GIS data developed as part of Task 1. Kimley-Horn will develop a year-by-year construction schedule and cost estimate for each identified phase. Additionally, Kimley-Horn will provide:  A Risk Assessment, specifically focused on the schedule and budget, as well as mitigation strategies to address those risks;  Recommended policies related to undergrounding requirements for private development, particularly along the US1, Northlake and Alternate A1A commercial corridors;  Recommended policies related to the deployment of 5G infrastructure and “smart poles” in the Village;  Recommendations regarding the conversion of the transmission lines on US1 (although this is not likely to be feasible).  Public Outreach recommendations for use during the design and construction phases of the overall program.  A matrix of potential grant funding sources to help fund the total cost of the program. Public Outreach (Task 3): $27,498 (including an allowance of $1,000 for expenses) Tasks include creating a program website and hosting of an open house to review preliminary recommendations and receive feedback. Grant Research and Identification (Task 4): $3,513 This includes the preparation of a list of third-party funding options that could offset project costs. Meetings (Task 5): $23,918 A series of meetings have been scheduled for each of the other four tasks in this scope of work. Should any of those meetings not be required, the project’s overall cost would decrease. A master plan document will be prepared that contains the above maps, information, and recommendations that can then be used to guide implementation of the program until conclusion of construction. Hard copies of the master plan will be provided as well as a version that can be posted on the website. * * * * In short, the Utility Undergrounding Master Plan and Feasibility Study will complete the necessary evaluation of the existing overhead utilities to determine how to phase in the undergrounding project throughout the Village, when each phase could take place and how much each phase will cost. Although the Master Plan and Feasibility Study won’t contain as many sections as this, Council and others can view the work that Kimley-Horn completed for Key Biscayne as an example of work product that the Village can anticipate. It can be found at the following website: http://kbunderground.com/wp-content/uploads/2019/03/Key_Biscayne_MP_3-8-2019_spread-view-r.pdf The Village’s Master Plan and Feasibility Study will be similar to this document, but won’t contain the extensive photos, transportation management plans or an evaluation of the project delivery methods. Subsequent to the initiation of this scope of work with Kimley-Horn, the Village will need to secure financial consultation services in order to establish the assessment methodology that would be used to distribute project costs among property owners based upon the benefit they receive relative to others. The results of this analysis will be important to share with property owners as we conduct public outreach efforts on the utility undergrounding initiative. The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Funding: The following budget amendment utilizes $133,451 in CIP funds for this project. Budget Amendment: Account Description Use Source Capital Projects Fund: K5206-66210 Planning – Construction & Major Renovation $133,451 K5541-66000 Reserve Expenses – Capital $133,451 Total $133,451 $133,451 Recommendation: Village staff recommends Council consideration and adoption of a Resolution approving a Consulting Services Contract with Kimley-Horn for completion of a Utility Undergrounding Master Plan and Feasibility Study in an amount of $133,451, with funds expended from Account No. K5206-66210 (Planning – Construction & Major Renovation), and authorizing the Mayor and Village Clerk to execute the required budget amendment for this study in accordance with Village policies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONSULTING SERVICES CONTRACT FOR OVERHEAD UTILITY UNDERGROUND PROJECT MANAGEMENT AND ENGINEERING WITH KIMLEY-HORN AND ASSOCIATES, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $133,451 FROM THE CAPITAL RESERVE ACCOUNT TO THE PLANNING – CONSTRUCTION AND RENOVATION CAPITAL ACCOUNT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 287.055, Florida Statutes (“Consultants’ Competitive Negotiation Act”) the Village issued a Request for Qualifications for Overhead Utility Undergrounding Project Management and Engineering Services (“RFQ”); and WHEREAS, the Selection Committee evaluated the qualification statements submitted in response to the RFQ and recommended Kimley-Horn and Associates, Inc. as the top-ranked firm; and WHEREAS, at its June 10, 2021 meeting, the Village Council accepted the rankings of the Selection Committee, and Village Staff negotiated a Contract with the top-ranked firm; and WHEREAS, the Village Council wishes to approve a Consulting Services Contract with Kimley- Horn and Associates, Inc. and seeks to amend the current Capital Projects Fund budget to transfer $133,451 from the Capital Reserve Account to the Planning – Construction and Renovation Capital Account to fund this Contract; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and are incorporated herein. Section 2. The Village Council hereby approves a Consulting Services Contract for Overhead Utility Undergrounding Project Management and Engineering with Kimley-Horn and Associates, Inc., a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute the Contract on behalf of the Village. The total cost shall not exceed $133,451.00, with funds expended from Account No. K5206-66210 (Planning – Construction and Major Renovation). Section 3. In order to fund this expenditure, the Village Council hereby approves a budget amendment for the transfer of funds as indicated below and authorizes and directs the Mayor and Village Clerk to execute the following budget amendment for and on behalf of the Village of North Palm Beach: Budget Amendment: Account Description Use Source Capital Projects Fund: K5206-66210 Planning – Construction & Major Renovation $133,451 K5541-66000 Reserve Expenses – Capital $133,451 Total $133,451 $133,451 Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 9 CONSULTING SERVICES CONTRACT OVERHEAD UTILITY UNDERGROUNDING PROJECT MANAGEMENT AND ENGINEERING This Consulting Services Contract is made as of the ____ day of ________________, 2021 by and between the VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation authorized to do business in the State of Florida, hereinafter referred to as ENGINEER, whose Federal I.D. No is 56-0885615. WHEREAS, in accordance with Section 287.055, Florida Statutes, the VILLAGE issued a Request for Qualifications for Overhead Utility Undergrounding Project Management and Engineering Services (“RFQ”); and WHEREAS, based on the Qualification Statements presented in response to the RFQ, the VILLAGE selected ENGINEER as to the top-ranked firm and authorized members of VILLAGE Staff to conduct competitive negotiations; and WHEREAS, the ENGINEER has agreed to perform the required services on behalf of the VILLAGE in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. INCORPORATION OF REQUEST FOR QUALIFICATIONS. This Contract incorporates the terms of the Request for Qualifications issued by the VILLAGE and the Qualification Statement submitted by ENGINEER, and ENGINEER agrees to be bound by all the terms and conditions set forth in the aforementioned documents. To the extent that a conflict exists between this Contract and the remaining documents, the terms, conditions, covenants, and/or provisions of this Contract shall prevail. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. ARTICLE 2. SERVICES OF ENGINEER. ENGINEER shall perform such services as outlined in its Proposal dated June 1, 2021 (“Work”), a copy of which is attached hereto and incorporated herein by reference. ENGINEER shall perform the Work to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time such services are performed. Page 2 of 9 ARTICLE 3. TERM OF CONTRACT. The term of this Contract shall commence upon the VILLAGE’s issuance of a Notice to Proceed and shall remain in effect until ENGINEER completes all services within the scope of this Contract to the satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 10. ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate ENGINEER in accordance with ENGINEER’s Proposal in an amount not to exceed One Hundred and Thirty-Three Thousand Four Hundred and Fifty-One Dollars and No Cents ($133,451.00). Tasks One through Four shall be billed at the lump sum of $109,533.00, and Task Five (public meetings) shall be billed hourly up to a maximum amount of $23,918.00. B. ENGINEER shall invoice the VILLAGE on a monthly basis based on the percentage of work performed. Invoices received from ENGINEER pursuant to this Contract will be reviewed and approved by the VILLAGE’s representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. ENGINEER will invoice the VILLAGE in advance for each payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in the Proposal without prior written authorization from the VILLAGE shall be the liability of the ENGINEER. D. ENGINEER waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. In order for both parties herein to close their books and records, ENGINEER will clearly state “final invoice” on ENGINEER’s final/last billing to the VILLAGE. This certifies that all Work has been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by ENGINEER. The VILLAGE will not be liable for any invoice from ENGINEER submitted ninety (90) days after the provision of the Work. ARTICLE 5. INSURANCE. During the performance of professional services under this Contract, ENGINEER shall secure and maintain, at its own expense, the insurance coverages required by the RFQ and meet all requirements set forth in Section 1-15. ARTICLE 6. PERSONNEL. A. ENGINEER represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by ENGINEER or under its supervision, and all personnel engaged in performing the Work (including subcontractors) shall be Page 3 of 9 fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of ENGINEER’s personnel (and all subcontractors) while on VILLAGE premises, will comply with all applicable requirements governing conduct, safety, and security, provided, however, that ENGINEER shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. ARTICLE 7. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, ENGINEER shall indemnify and save harmless the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ENGINEER and other persons employed or utilized by the ENGINEER in the performance of this Contract. B. ENGINEER shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or ENGINEER, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. D. PURSUANT TO F.S. §558.0035, EMPLOYEES OF ENGINEER MAY NOT BE HELD INDIVIDUALLY LIABLE FOR ECONOMIC DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT. ARTICLE 8. INDEPENDENT CONTRACTOR. ENGINEER is, and shall be, in the performance of services pursuant to this Contract, an independent contractor and not an employee, agent or servant of the VILLAGE. All persons engaged in any services performed pursuant to this Contract shall at all times, and in all places, be subject to ENGINEER’s sole discretion, supervision and control, and ENGINEER shall exercise sole control over the means and manner in which its employees, consultants and subcontractors perform such services. ARTICLE 9. OWNERSHIP OF INSTRUMENTS. A. All instruments of professional services including, but not limited to, documents, records, disks, original drawings, plans and specifications and other information created or procured by Page 4 of 9 ENGINEER for services performed pursuant to this Contract shall become the property of the VILLAGE upon completion of the work or project for which the instrument was utilized and upon payment by the VILLAGE. B. ENGINEER may maintain copies of all such instruments for its records, provided, however, that any material, product or patent paid for by the VILLAGE pursuant to this Contract shall be the property of the VILLAGE and shall not be used by Engineer for profit without the prior written consent of the VILLAGE. C. The VILLAGE acknowledges that any re-use of instruments of professional services by the VILLAGE, other than for the intended purpose without written verification and adaptation by ENGINEER for such specific purpose, shall be at the sole risk of the VILLAGE without recourse to ENGINEER. ARTICLE 10. TERMINATION. This Contract may be terminated by ENGINEER upon thirty (30) days’ prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of ENGINEER. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days’ written notice to the ENGINEER. Unless ENGINEER is in breach of this Contract, ENGINEER shall be paid for Work rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, ENGINEER shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. ARTICLE 11. MODIFICATIONS OF WORK A. The VILLAGE reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the ENGINEER of the VILLAGE’S notification of a contemplated change, ENGINEER shall, in writing, provide a detailed estimate for the increase or decrease in cost and schedule due to the contemplated change, B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and ENGINEER shall not commence work on any such change until such written amendment is signed by the ENGINEER and approved and executed by the VILLAGE. Page 5 of 9 ARTICLE 12. SUCCESSORS AND ASSIGNS. The VILLAGE and ENGINEER each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor ENGINEER shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and ENGINEER. ARTICLE 13. ACCESS AND AUDITS. ENGINEER shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at ENGINEER’s place of business. In no circumstances will ENGINEER be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 14. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 15. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Andrew D. Lukasik, Village Manager 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the ENGINEER shall be mailed to: Kimley-Horn and Associates, Inc. Attn: Kevin Schanen, P.E., Senior Vice President 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 The foregoing names and addresses may be changed if such change is provided in writing to the other party. Page 6 of 9 ARTICLE 16. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and ENGINEER agree that this Contract, including all documents referenced herein, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 18. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 19. MATERIALITY. All provisions of the Contract shall be deemed material. In the event ENGINEER fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 20. EXHIBITS AND CONTRACT DOCUMENTS. All exhibits and other documents referred to in this Contract form an essential part of this Contract. The exhibits and other documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 21. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 22. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. Page 7 of 9 ARTICLE 23. WAIVER OF SUBROGATION. ENGINEER hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then ENGINEER shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should ENGINEER enter into such an agreement on a pre-loss basis. ARTICLE 24. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 25. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Contract will be held in Palm Beach County. B. 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. C. The parties knowingly, voluntarily and intentionally waive any right they may have to trial by jury with respect to any litigation arising out of this Contract. ARTICLE 26. FEDERAL AND STATE TAXES. The VILLAGE is exempt from federal tax and state sales tax and use taxes. Upon request, the VILLAGE shall provide an exemption certificate to ENGINEER. ENGINEER is not exempt from paying sales tax to its suppliers for materials used to fulfill its obligations under this Contract, nor shall ENGINEER be authorized to use the VILLAGE’s tax exemption number in securing such materials. ARTICLE 27. E-VERIFY ENGINEER warrants and represents that ENGINEER and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. ENGINEER has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that ENGINEER has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith Page 8 of 9 believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but ENGINEER has otherwise complied, it shall notify ENGINEER, and ENGINEER shall immediately terminate its contract with the subcontractor. ARTICLE 28. INSPECTOR GENERAL ENGINEER is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from ENGINEER and its subcontractors. ENGINEER understands and agrees that in addition to all other remedies and consequences provided by law, the failure of ENGINEER or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 29. PUBLIC RECORDS. IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, ENGINEER shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, ENGINEER shall: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the ENGINEER does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of ENGINEER or keep and maintain public records required by the VILLAGE to perform the services. If ENGINEER transfers all public records to the VILLAGE upon completion of the Contract, ENGINEER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If ENGINEER keeps and maintains public records upon completion of the Contract, ENGINEER shall meet all applicable requirements for retaining public records. All records Page 9 of 9 stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. IN WITNESS WHEREOF, the VILLAGE and ENGINEER hereto have made and executed this Contract as of the day and year first above written. ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC. BY: Print Name: Title:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ DARRYL C. AUBREY MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY Page 1 kimley-horn.com 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 561 845 0665 June 1, 2021 Andy Lukasik Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 Re: Professional Services Agreement Dear Andy, Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the Village of North Palm Beach (“Client”) for providing initial planning for an overhead utility conversion program. Project Understanding The Village previously selected Kimley-Horn to provide professional consulting services related to converting its overhead utility lines underground (“undergrounding”). The Village has now requested that Kimley-Horn provide initial planning for an undergrounding program. This initial planning will serve as the basis for future services to aid in the final planning, design, and construction of the program. Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1 – Data Collection and Base Mapping Kimley-Horn will coordinate with the stakeholders listed below to obtain readily available information regarding the existing utility infrastructure within or near the Village:  Village of North Palm Beach  Palm Beach County  Florida Department of Transportation  Florida Power & Light  AT&T  Comcast  Crown Castle  Florida Public Utilities  Seacoast Utility Authority Geographic Information System (GIS) shape files will be requested and used where available. Where GIS data is not available, Kimley-Horn will request atlas drawings or similar schematic overall system drawings for the purposes of creating GIS shape files to be used during the planning process. Kimley- Horn will perform field reviews to confirm the existence of major utility elements as contained in the records. Page 2 kimley-horn.com 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 561 845 0665 Kimley-Horn will also request available information on the location and duration of construction projects planned within the right-of-way by these stakeholders that may occur within the undergrounding construction period, to include FPL improvement projects currently submitted for permitting but on hold in the Village. Coordination with the Village’s stormwater master plan consultant is also anticipated so that any stormwater projects proposed to be completed within the undergrounding timeframe can be identified. Meetings with these stakeholders for the purposes of coordinating existing utility locations and planned construction in the Village are described in a subsequent task of this proposal. Kimley-Horn will compile the data collected to create GIS base maps showing the approximate locations of existing major overhead infrastructure throughout the Village as well as planned construction projects by the Village, or other stakeholders. These maps will also serve as the basis of the phasing and sequencing maps that will be developed as part of subsequent tasks in this scope of services. Task 2 – Initial Program Planning Kimley-Horn will hold utility provider meetings with FPL, ATT, Comcast, and any other overhead utility owners to review design criteria for the proposed underground infrastructure, including proposed areas for street lighting replacement. Using the existing utility records, planned construction projects proposed within the Village, and the information gathered in these workshops, Kimley-Horn will make recommendations regarding the limits of the proposed phases of construction that will be contained in the program and develop a conceptual phasing map using the GIS maps developed in Task 1. Detailed design elements, such as the specific locations of transformers or the exact location of proposed conduit within a particular roadway, will not be performed at this time. Kimley-Horn will develop a conceptual opinion of schedule for the program and a recommended a year- by-year sequence of construction for each phase. The proposed timing of planned construction projects, desired program duration, potential cost implications, and financial pacing of the undergrounding program will be considered. The sequencing will be incorporated onto a GIS map for graphical representation. Kimley-Horn will develop a conceptual opinion of probable construction cost for each phase of the program. Costs will be provided in net present value. Costs will be based on historical data for similar projects. The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs will be based on the information known to Consultant at this time and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Kimley-Horn will provide an assessment of the risks to the program, specifically focused on the schedule and budget, and will provide strategies to mitigate those risks. Page 3 kimley-horn.com 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 561 845 0665 Kimley-Horn will review the Village’s code of ordinances as it relates to undergrounding requirements for private development, particularly focused on the US 1, Northlake Blvd, and Alt A1A commercial corridors, and make policy recommendations that assist the Village in implementing a comprehensive strategy to achieve underground conversion through the corridors. Recommended actions necessary to achieve the original intent of the existing ordinances will be provided in consideration of fragmented small-scale redevelopment that may occur within this corridor. Recommendations regarding the conversion of the transmission lines on US 1 will also be provided. Kimley-Horn will also review the Village’s code of ordinances related to the potential deployment of 5G infrastructure (smart poles) in the Village. We will make recommendations regarding potential code language that could be considered by the Village to guide future 5G installations by the wireless community. Kimley-Horn will develop a document that will contain the results of the initial program planning process. This will document the planning process for record keeping purposes and serve as a guide for the implementation of the program. We anticipate that the document will contain the following information:  Summary of the data collection process  GIS base maps of the existing aerial infrastructure and planned projects within the Village  Presentation of the design criteria to be used throughout the program  Conceptual phasing and sequencing maps  Conceptual opinion of schedule  Conceptual opinion of probable construction cost  Risk assessment  Undergrounding policy recommendations  Public outreach recommendations for the program  Matrix of potential third-party grant funding sources A draft of the document will be provided for Village review and comment. We will respond to one round of staff comments on the document prior to finalizing it. Up to five (5) hard copies of the document will be provided to the Village. We intend on delivering the elements described above separately for the Village (staff and Council) to review and comment on in advance of delivering a comprehensive document. Meetings for the purposes of developing the document and presenting it to the Village Council are included in a subsequent task of this proposal. Page 4 kimley-horn.com 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 561 845 0665 Task 3 – Public Outreach Kimley-Horn will provide the following public outreach services during the initial planning stage consisting of the following activities:  Create a program website that is hosted by Kimley-Horn and linked on the Village website to include:  Program summary  Phasing and sequencing maps  Conceptual opinion of schedule  Conceptual opinion of probable construction cost  Typical equipment photos  Frequently-asked-questions (FAQ’s)  Monthly updates, including notices of community/public meetings  Staff contact information and capability to submit comments  Assist the Village in hosting one (1) hybrid open house to gather input on the program from the community:  The meeting will be held in-person and virtually (two separate events)  Kimley-Horn will provide sign-in sheets, a presentation, up to three (3) display boards, and comment sheets  A sufficiency review will be held with Village staff to review preparation for the meeting It is understood that the Village has a database of contacts that will serve as community contacts for information dissemination. It is also understood that the Village will provide use of Village facilities for public gatherings as needed during the program. As such, facility rental and operational costs are not included in this proposal. An allowance is included to cover expenses related to informational materials, website hosting fees, and other miscellaneous expenses associated with this task. Task 4 – Grant Research and Identification Kimley-Horn will research funding opportunities and prepare a matrix of potential third-party funding pursuits that could assist in offsetting the costs of the program. The matrix will provide information such as the name of the funding source, a description of the possible use of the funds, whether the source is a grant or a loan, specific terms/conditions of the source, and the deadline for submitting an application. Preparation of applications is not included in this task but can be provided in future authorizations. The matrix can be reviewed at one of the design team meetings included in a subsequent task of this proposal. Page 5 kimley-horn.com 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 561 845 0665 Task 5 – Meetings As described in the previous tasks, Kimley-Horn will attend the following meetings:  Stakeholder meetings [see Task 1] (up to two (2) meetings)  Utility provider meetings [see Task 2] (up to four (4) meetings)  Design team meetings [see Task 2] (up to four (4) meetings)  Village council meetings [see Task 2] (up to four (4) meetings)  General meetings with Village staff (up to four (4) meetings) Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following:  Design development  Permitting  Construction phase services Information Provided by Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following:  Utility record information  Capital improvement information  Access to site Schedule We will provide our services as expeditiously as practicable with the goal of meeting a mutually-agreed- upon schedule. Public Outreach shall be complete within four months, with the program website being hosted for twelve months. Page 6 kimley-horn.com 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 561 845 0665 Fee and Expenses Kimley-Horn will perform the services in Tasks 1 – 4 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the Client. Task 1 Data Collection and Base Mapping $ 21,873 Task 2 Initial Program Planning $ 56,649 Task 3 Public Outreach $ 26,498 Public Outreach Expense Allowance $ 1,000 Task 4 Grant Research and Identification $ 3,513 Total Lump Sum Fee $109,533 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Kimley-Horn will perform the services in Task 5 on an hourly basis with the maximum labor fee shown below. Task 5 Meetings $ 23,918 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Task 5 fees will be billed on an hourly basis according to the rate schedule contained in the Master Agreement. All permitting, application, and similar project fees will be paid directly by the Client. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Page 7 kimley-horn.com 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 561 845 0665 Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions of the Master Agreement for Professional Consulting Services between the Village of North Palm Beach and Kimley-Horn and Associates, Inc., which are incorporated by reference. As used in the Master Agreement, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Village" shall refer to the Village of North Palm Beach. If you concur with all the foregoing and wish to direct us to proceed with the services, please notify us by providing a purchase order for the scope and fee described above. We appreciate the opportunity to provide these services to you. Please contact me at (561) 840-0843 or brett.johnson@kimley-horn.com if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. By: Kevin Schanen, P.E. Brett Johnson, P.E. Senior Vice President Project Manager ESTIMATE FOR ENGINEERING SERVICESPROJECT:Initial Program PlanningSHEET:1 of 1CLIENT:Village of North Palm BeachDATE: 06/01/21ESTIMATOR:BAJDESCRIPTION: DIRECT LABOR ( MAN-HOURS )See Scope of ServicesSr. Engineer / Sr. Prof.Principal Chief Sr. Tech. Project Engineer / Reg. Prof. Sr. Designer GIS Engineering Specialist / Admin / SUB EXP LINEEngineer Engineer Advisor Manager Sr. LA Engineer Specialist Intern Field Tech. Tech. TOTALTask 1 - Data Collection and Base Mapping (Lump Sum)Stakeholder Coordination- Village of North Palm Beach 1.0 1.02.0 6.0 $1,367- Palm Beach County1.02.0$447- Florida Department of Transportation1.02.0$447- Florida Power & Light (including current project permits2.0 4.08.0 $2,367- AT&T 1.0 2.04.0 $1,184- Comcast 1.0 2.04.0 $1,184- Crown Castle1.02.0$447- Florida Public Utilities1.02.0$447- Seacoast Utility Authority1.02.0$447-Hazen-Sawyer (SW Master Plan)2.02.0$648Field Reviews8.024.0 4.0 $4,980GIS Base Maps- Existing OH Infrastructure 1.0 4.0 2.0 8.0 $2,366- Impacted Streetlights2.06.0 $1,140- Major Planned Construction 1.0 4.08.0 $2,078-Zoning Map1.04.0$693-Topographic Map1.06.0$939-Soils Map1.04.0$693Task 2 - Initial Program Planning (Lump Sum)Conceptual Phasing Map 8.0 20.0 4.0 2.0 20.0 $9,690Conceptual Opinion of Schedule 2.0 8.0 4.0 10.0 $4,023Conceptual Sequencing Map 4.0 12.0 4.0 10.0 $5,405Conceptual Opinion of Probable Construction Cost 6.0 20.0 4.0 24.0 $9,314Risk Assessment 2.0 4.08.0 $2,367Undergrounding Code Review and Policy Recommendations 4.0 8.08.0 $3,750Planning Document 8.0 30.0 40.0 2.0 16.0 8.0 $500.00 $17,999Comment Response / Revisions 2.0 8.0 8.0 4.0 2.0 $4,100Task 3 - Public Outreach (Lump Sum)Program Website (up to 12 months of hosting) 15.0 2.0 45.0$10,502Open House 4.0 23.0 15.0 6.0 25.0 15.0 $15,996Expense Allowance$1,000.00 $1,000Task 4 - Grant Research and Identification (Lump Sum)Funding Opportunity Research2.05.0 5.0 $1,542Matrix of Potential Third-Party Funding2.05.0 5.0 $1,542Matrix Review with Village Staff1.01.0 1.0 $429Task 5 - Meetings (Hourly)Stakeholder Meetings (up to 2) 6.0 8.08.0 2.0 $4,539Utility Provider Meetings (up to 4) 4.0 8.016.0 $4,734Design Team Meetings (up to 4) 4.0 8.016.0 $4,734Village Council Meetings (up to 4) 8.0 20.0$6,334General Meetings with Village Staff (up to 4)8.016.0$3,576TOTAL HOURS 69.0 0.0 38.0 221.0 0.0 6.0 89.0 51.0 257.0 0.0 48.0 $0.00 $1,500.00 $133,452LABOR ($/HOUR) $289.66 $276.85 $240.75 $200.85 $183.70 $154.20 $151.48 $144.20 $123.06 $121.54 $105.00 1.00 1.00TOTALS$19,986.54 $0.00 $9,148.50 $44,387.85 $0.00 $925.21 $13,481.91 $7,354.20 $31,627.55 $0.00 $5,039.91 $0.00 $1,500.00 $133,452K:\WPB_Civil\General\JohnsonBrett\Marketing\Proposals\NorthPalmBeachVillageOf\2021_0504_InitialProgramPlanning\Archive\2021_0601_Estimate.xlsx6/1/2021 Beginning Balance $173,106 Transfers in:Resolution / Ordinance Amount Total FY 2021 Transfer in (transfer during budget process) Ordinance # 2020‐08 510,000     Total Transfers in $510,000 Less: Purchases Description Resolution #Amount Total Fiscal Year 2021 Battery Extrication Tool 2021‐28 (19,271)     Lakeside Park Playground Renovation 2021‐46 (35,000)     Breathing Air Compressor System 2021‐44 (63,891)     Utility Undergrounding Master Plan & Feasibility Study on 6/24/21 agenda (133,451)   Total Purchases ($251,613) CIP Fund Available Balance $431,493 Village of North Palm Beach CIP Fund Recap Fiscal Year 2021 6/17/2021 To: Key Official From: Eryn Russell, Florida League of Cities Date: June 11, 2021 Subject: 95th Annual Conference Voting Delegate Information The Florida League of Cities’ Annual Conference will be held at the World Center Marriot, Orlando, Florida on August 12-14, 2021. This conference will provide valuable educational opportunities to help Florida’s municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League’s by-laws, each municipality’s vote is determined by population, and the League will use the Estimates of Population from the University of Florida. Conference registration materials were sent to each municipality via newsletter and are also available online at floridaleagueofcities.com/education-and-events/annual-conference. If you have any questions on voting delegates, please call (850) 701-3616 or email erussell@flcities.com. Voting delegate forms must be received by the League no later than July 28, 2021. Attachments: Form Designating Voting Delegate 2 of 2 95th Annual Conference Florida League of Cities, Inc. August 12-14, 2021 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By- Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Voting delegate forms must be received by the League no later than July 28, 2021. Designation of Voting Delegate Name of Voting Delegate: __________________________________________________ Title: ___________________________________________________________________ Municipality of: __________________________________________________________ AUTHORIZED BY: ______________________________________________ Name _______________________________________________ Title Return this form to: Eryn Russell Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Fax: (850) 222-3806 Email: erussell@flcities.com