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
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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
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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
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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
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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
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| 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
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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
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| 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
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| 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
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| 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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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