Agenda 05-06-03The City of
Boynton Beach
100 E. Boynton Beach Boulevard · (561) 742-6000
City Commission
AGENDA
MAY 6, 2003
Gerald Broening
Mayor
At Large
Ronald Weiland
Commissioner
District I
Mack McCray
Commissioner
District II
Mike Ferguson
Vice Mayor
District III
Carl McKoy
Commissioner
District IV
Kurt Bressner
City Manager
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GENERAL RULES & PROCEDURES FOR PUBL'rC PARTZC'rPATI'ON AT
C1'TY OF BOYNTON BEACH COMM'rSSI'ON MEETZNGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Ztems: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Ztems: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKZNG AT COMMZSSTON MEETZNGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by
the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the
meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has
begun.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings".
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor
will call for speakers by name from the yellow cards provided by the City Clerk.
· Regular Agenda Ztems: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded. Please use the green colored card for matters listed on
the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk.
ADDRESSZNG THE COMMZSSION:
When your name is called, please step up to either podium and state, for the record, your name and address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
May 6, 2003
CITY OF BO YNTON BEA CH
REGULAR CITY COMMISSION MEETING
AGENDA
6:30 P.M.
OPENINGS:
Call to Order- Mayor Gerald Broening
Invocation/Moment of Silent Prayer
Pledge of Allegiance to the Flag led by Commissioner Weiland
TF YOU WTSH TO ADDRESS; THE ¢OMMZS~TON:
FILL OUT THE APPROPRIATE REQUEST FORM
· GIVE ZT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS"
PORTION OF THE AGENDA HAS BEEN COMPLETED
· COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
II.
INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES.
E. Agenda Approval:
III.
1. Additions, Deletions, Corrections
OTHER:
Adoption
A. Informational Items by Members of the City Commission
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. First Baptist Church Groundbreaking Ceremony - May 7, 2003 - 6:30 p.m.
B. Community and Special Events
Presentations:
1. Proclamations:
a. National Public Works Week- May 18-24, 2003
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 6, 2003
bo
Civility Month - May 2003
Law Enforcement Appreciation Month - May 2003
Nurses' Week - May 5-9, 2003
ADM:[NISTRATLVE:
Accept resignation from David Nyquist, Regular Member of Cemetery Board
Ao
Appointment
To Be Made
Appointments to be made:
Length of Term
Board Expiration Date
Mayor Broening
IV McKoy
Mayor Broening
III Ferguson
Mayor Broening
I Weiland
Mayor Broening
II McCray
IV McKoy
Mayor Broening
Mayor Broening
II McCray
IV McKoy
Mayor Broening
I Weiland
II McCray
IV McKoy
IV McKoy
Mayor Broening
II McCray
I Weiland
II McCray
III Ferguson
IV McKoy
Mayor Broening
III Ferguson
IV McKoy
Advisory Bd on Children & Youth Reg 2 yr term to 4/05
Advisory Bd on Children & Youth Alt 1 yr term to 4/04
Advisory Bd on Children & Youth Stu/Reg/Voting i yr term to 4/04
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Alt I yr term to 4/04
Reg 3 yr term to 4/06
Cemetery Board Alt i yr term to 4/04
Cemetery Board Reg 3 yr term to 4/06
Cemetery Board Reg 3 yr term to 4/05
Code Compliance Board
Code Compliance Board
Community Relations Board
Community Relations Board
Education Advisory Board
Education Advisory Board
Education Advisory Board
Education Advisory Board
Education Advisory Board
Alt i yr term to 4/04
Alt 1 yr term to 4/04
Reg 3 yr term to 4/06
Alt 1 yr term to 4/04
Alt 1 yr term to 4/04
Reg 2 yr term to 4/05
Reg 2 yr term to 4/05
Reg 2 yr term to 4/05
Stu 1 yr term to 4/04
Library Board Alt 1 yr term to 4/04
Library Board Reg 3 yr term to 4/06
Library Board Alt 1 yr term to 4/04
Nuisance Abatement Board
Nuisance Abatement Board
Nuisance Abatement Board
Nuisance Abatement Board
Planning & Development Board
Planning & Development Board
Planning & Development Board
Alt i yr term to 4/04
Reg 2 yr term to 4/05
Reg 2 yr term to 4/05
Reg 2 yr term to 4/05
Reg 2 yr term to 4/05
Alt i yr term to 4/04
Alt 1 yr term to 4/04
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Tabled (3)
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 6, 2003
!V McKoy Recreation & Parks Board Reg
Mayor Broening Recreation & Parks Board Reg
3 yr term to 4/06 Tabled (3)
3 yr term to 4/06 Tabled (3)
Mayor Broening Senior Advisory Board Reg
TI! Ferguson Senior Advisory Board Alt
2 yr term to 4/05 Tabled (3)
1 yr term to 4/04 Tabled (3)
TV McKoy Firefighters' Pension Trust Reg
2 yr term to 4/05 Tabled (3)
V. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
Agenda Preview Conference of April 14, 2003
Regular City Commission Meeting of April :LS, 2003
Be
Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2002-2003 Adopted Budget
Award the bid for "SUPPLY & INSTALL FIRE SPRINKLER SYSTEM AT THE
SENIOR CENTER," Bid #040-2413-03/C]D, to SUMMERS FIRE
SPRINKLERS, INC. of Boca Raton, Florida, in the amount of $55,900
(Proposed Resolution No, R03-072)
Award the "RE-ROOF OF THE PISTOL RANGE," Bid #039-2511-03/C.1D, to
MURTON ROOFING CORP. of West Palm Beach, Florida, in the amount of
$32,371 (Proposed Resolution No, R03-073)
Award the "DESIGN AND CONSTRUCT[ON ADMINISTRATION SERVICES
FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE
CITY OF BOYNTON BEACH," RFP#O19-2413-O3/KR, to SYSTECH GROUP,
INC. of Reston, Va., in the amount of $14,400 per year - total cost over a
five year period is $72,000 (Proposed Resolution No. R03-074)
Rescind the award for "SENIOR CENTER EXERCISE ROOM," Bid #056-
2413-02/C.3D to MASON CONSTRUCTION in the amount of $24,682.50
(Proposed Resolution No, R03-075)
C. Resolutions:
Proposed Resolution No. R03-076 Re: Execution of Task
Order No. 14, Amendment No. 1 in the amount of $246,579 to CH2M Hill,
Inc. for the professional design, permitting, bidding, construction phase
and resident observation services for NE 17th Avenue Drainage
Improvements and Water Main Replacement Project
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 6, 2003
Proposed Resolution No. R03-077 Re: Full release of the
remaining surety for the water system improvements for the project
known as Alouette, inc., in the amount of $1,367.50
Proposed Resolution No. R03-078 Re: Execution of
Amendment No. 3 to the industrial Avenue Corridor Stormwater
Tmprovements Project Consultant Agreement additional engineering
expenses for Kimley-Horn & Associates, ]~nc. (KHA) in an amount not to
exceed $35,000
Proposed Resolution No. R03-079 Re: Agreement for Water
Service Outside the City Limits with Deanna K. Bates as owner for the
property located at 1103 3ames Road, Lantana, Florida (Lot 24, Hypoluxo
Ridge)
Proposed Resolution No. R03-080 Re: Renewing agreement
between the City of Boynton Beach and Palm Beach Community College
regarding training for EMT and Paramedic clinicals
Proposed Resolution No. R03-081 Re: Approval of contract
between .lEG Associates and the City of Boynton Beach to continue
consulting services to the Heart of Boynton Project for $7,000
Proposed Resolution No. R03-082 Re: Ratification of South
Central Regional Wastewater Treatment & Disposal Board action of April
17, 2003:
Authorization to expend $7,746 from Repair & Replacement Fund
on an emergency basis for (2) submersible pumps for the plant's
lift station
Authorization to sign agreement with Widell, inc. to provide
Contractor at Risk Services for a two-year period
Authorization to expend $1,491,080 from Repair & Replacement
Funds for the following task orders:
Widell Board H & S Total
1. Repair Sanitaire $399,003 $68,000 $10,000 $ 477,003
Diffusers
2. Repair clarifier $439,010 $20,000 $10,000 $ 474,010
bridge
3. Repair channel in $223,685 $65,000 $10,000 $ 298,685
Screening Bldg.
4. Repair radiator & $ 41,382 $ 41,382
blower piping
5. Contingency $200~000 $ 200~000
TOTAL $1~103~080 $358~000 $30~000 $1~491~080
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 6, 2003
VI.
VII.
Authorization to enter into Contractor at Risk Agreement with
Widell, :[nc. for:
Task Order #1 for a not to exceed price of $399,033;
Task Order #2 for a not to exceed price of $439,010;
Task Order #3 for a not to exceed price of $223,685;
Task Order #4 for a not to exceed price of $ 41,382;
And authorization for Executive Director to sign and execute at
time determined appropriate.
Authorization to enter into contract with R..1. Sullivan Corp. for
construction of 2 million gallon reclaimed storage tank in the
amount of $835,010
D. Ratification of Planning & Development Board Action:
Eckerd Drugs @ Target (MSPM 03-003), 1895 N. Congress Avenue,
Target Shopping Center - Request for major site plan modification to
reconfigure parking spaces in Parcel "A" of Target Commercial Center
E. Ratification of CRA Action:
None
Permit placement by the Boynton Beach Veterans Council of memorial plaques at
the base of selected trees in Intracoastal Park
CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
PUBLIC AUDIENCE:
TNDZVIDUAL SPEAKERS WILL BE LIMrrED TO 3-MINUTE PRESENTATZONS
VIII.
PUBLIC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS
Project:
Agent:
Owner:
Location:
Description:
Serrano @ Boynton (ANNEX 03-001)
Paul Bach
Beth Peschl
West of Congress Avenue, North of the L-28 Canal
Request to annex a +9.74-acre parcel
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 6, 2003
XX.
Xm
Project:
Agent:
Owner:
Location:
Description:
Serrano @ Boynton (LUAR 03-002)
Paul Bach
Beth Peschl
West of Congress Avenue, North of the L-28 Canal
Request to amend the Comprehensive Plan Future Land Use Map
from MR-5 (Palm Beach County) to Medium Density Residential
(MeDR); and
Request to rezone a 9.74-acre parcel from AR (Palm Beach
County) to Planned Unit Development (PUD)
Project:
Agent:
Owner:
Location:
Description:
Eckerd Drugs @ Target (COUS 03-001)
Erik Wilczek, P.E., Kimley-Horn & Associates, Inc.
Andrew Berger, American Development Corp.
1895 N. Congress Avenue, Target Shopping Center
Request for conditional use approval for a drive-through facility in
an existing 11,786 square foot building on a 2.27-acre parcel
Project:
Agent:
Location:
Request:
Tndoor Recreation Facilities/Athletic Competitions (CDRV
03-002)
City Initiated
C-3, Community Commercial and C-4, General Commercial
Districts
Amend the Land Development Regulations:
1) Chapter 1. Definitions, by adding definitions for: "Athletic
Competitions," "Amusement Arcade," "Billiard Hall," "Bowling
Alley," "Gymnasium/Health Club," "Shooting Range, Indoor,"
"Skating Rink," and,
2) Chapter 2. Zon/ng, Section 6.C.l.m, by adding "Athletic
Competitions" as a conditional use and creating separate use
groups for indoor recreation uses and outdoor recreation uses
reading of Proposed Ordinance No. 03-0:L6)
CZTY MANAGER'S REPORT:
Consider the recision of the revocation of the Limited License Agreement
for Jordan Wrecker Service for the use of an alleyway behind 905 North
Railroad Avenue
B. City Manager Evaluation
FUTURE AGENDA Z'rEMS:
A. Update on Fire Station #4 Land Purchase and Site Options (May 20, 2003)
B. Review of Fire Station #2 Location Options (May 20, 2003)
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 6, 2003
J.
K.
L.
M.
N.
XZ,
Discussion of Purchase of Jaycee Park Parcel from Florida Inland Navigation
District (May 20, 2003)
Discuss Cash in Lieu Formula for Off-street Parking in CBD Area with possible
referral to CRA (May 20, 2003)
Review of"Arches" Development in CBD (May 20, 2003)
Discussion of Closure of Marina Development Agreement (May 20 or June 3,
2003)
Follow-up Discussion on Capital Improvement Project Priorities and Funding
Mechanisms (May 20 or June 3, 2003)
Proposed Ordinance Establishing Guidelines for Verifl/ing Qualifications of
Advisory Board Members (May 20 or June 3, 2003)
Review of Haitian Alliance Church Site Plan (June 3, 2003)
Review of City Bidding Procedures (June 17, 2003)
Review of Annexation Enclaves (June 17, 2003)
Budget Discussion Workshops (July :[5, 16 and 17, 2003)
Follow-up Meeting with CRA on Development Tssues (August 2003)
Workshop Regarding Cemetery Options and Proposal by Cemetery Board to
Expand Cemetery West into Little League Park (Summer 2003)
First Budget Hearing (September 9, 2003)
Second Budget Hearing (September 16, 2003)
Proposed Resolution No. R03-017 Re: Prohibiting any match or
program of matches of professional boxing, kickboxing, or mixed martial arts
within the jurisdictional boundaries of the City ('TABLED Off I~fARCH.~8, 2003,)
Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement
with Juvenile Transition Center, Tnc. of Boynton Beach in the amount of $7,500
(Proposed Resolution No. R03- )
NEW BUSZNESS:
None
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 6, 2003
XII. LEGAL:
A. Ordinances- 2nd Reading - PUBLTC HEARING
Proposed Ordinance No. 03-015 Re: Amending Land
Development Regulations, Chapter 2 Zoning, Section 6.F.1, to include
residential, single family, attached use as a conditional use in the mixed
use-high intensity (MU-H) zoning district
B. Ordinances - 1~ Reading
Proposed Ordinance No. 03-017 Re: Amending Chapter 9,
"Fire Protection and Prevention" of the Code of Ordinances by amending
Section 9-18, "Fireworks" to provide for prohibition of the use of
pyrotechnic special effects, flame effects, or similar devices inside
buildings or other enclosed spaces
C. Resolutions:
None
D. Other:
None
XIII. UNFINISHED BUSINESS:
Authorize eminent domain proceedings for the acquisition of 4 parcels of land
from 4 private property owners in order to construct a stormwater retention
pond associated with the NE 7th to 10th Avenue Stormwater Improvement Project
(INCA Project) ('TABLED ON APR~rL .Z~ 2003.)
XIV. AD.1OURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA1-FER CONSIDERED AT THIS
MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN.1OY THE BENEFiTS OF A SERVICE~ PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT .1OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR RE(~UEST.
bg FTNAL AGENDA 5/5/2003 5:58 PM
S:\CC\WP\CCAGENDA~AGENDAS\Year 2003\050603 final agenda.doc
[ZL-ANNOUNCEMENTS & PRESENTATZONS
Ztem C.l.a
CITY OF BOYNTON BEA(
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
[] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003
[] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003
[] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003
[] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003
Da~ Final Form Mustbe Turned
in m City Clerk's Office
May 19, 2003(Noon)
June 2, 2003(Noon)
June 16, 2003(Noon)
June 30, 2003(Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements []
Unfinished Business
RECOMMENDATION: Motion to approve Proclamation for National Public Works Week- May 18th - 24~1}03~
EXPLANATION: National Public Works Week is scheduled to occur on May, 18th thru May 24th, 2003. This year's
theme "The Strength of Public Works" is a tribute to the positive improvements public works employees have made to
our communities.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
[ '7 l~e~rtm~nt Hia~'s ~ignature
~'it~ Manager's Signature
Public Works
Department Name
City Attorney / Finance / Human Resources
S:kBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
WHEREAS, public works services provided in our community are an integral part of our citizens'
everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation
of public works systems and programs such as public buildings, streets, solid waste collection, forestry and
grounds, fleet maintenance, and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities
and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and
construction, is vitally dependent upon the efforts and skill of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people's attitude and Understanding of the importance of the
work they perform.
WHEREAS, this year's theme, "The Strength of Public Works," is a tribute to the positive
improvements public works employees have made to our communities.
NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Rorida, hereby proclaim the week of May 18 - 24, 2003 as
"NATIONAL PUBLIC WORKS WEEK'
in the City of Boynton Beach, and call upon all citizens and civic organizations to acquaint themselves with
the issues involved in providing our public works and to recognize the contributions which public works
officials make every day to our health, safety, comfort, and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida, to be affixed at Boynton Beach, Rorida, this 6· day of May, Two Thousand Three.
ATTEST:
Gerald Broening, Mayor
City of Boynton Beach
City Clerk
(Corporate Seal)
S:\CC~WP~CAGENDA~Ul. oclamatioos~Uublic Works Week - 2003.doc
Requested City Commission
Meeting Dates
[] April 1, 2OO3
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.b
CITY OF BOYNTON BEAC]
AGENDA ITEM REQUEST FORlVl
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in to CiW Clerk's Office Meeting Dates in to City Clerk's Office
March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
March 3l, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfmished Business
RECOMMENDATION: Present proclamation for Civility Month.
EXPLANATION: The month of May 2003 is proclaimed Civility Month to urge all citizens and City, County and Local
Governments to adopt a pledge of civility that will assist in reaching consensus on diverse issues and allow for mutually
ongoing relationships.
PROGRAM IMPACT: To present a basis for civil debate and exchange among people and make it more pleasant to live in
an organized society.
FISCAL IMPACT: N/A
ALTERNATIVES: Not to present proclamation.
Department Head's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC
George Washington wrote, "Every action done in company, ought to be with some sign of
respect, to those that are present." Today, there is an urgent necessity that we as a nation find
better ways to talk with and about each other. Too often, we have relied on stereotypes, slurs, and
innuendo to make our points more memorable or more striking.
To combat this, the City, County and Local Government Law Section of The Flodda Bar
has urged the adoption of a pledge of civility by all citizens in the State of Flodda. As a
comerstone of democracy, civility assists in reaching consensus on diverse issues and allows for
mutually ongoing relationships. It also uplifts our daily life and makes it more pleasant to live in an
organized society.
Civility presents a basis for civil debate and exchange among people. But it also demands
integrity, a sense of fairness, and respect for others, as well as a profound sense of personal
responsibility.
Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim the month of May 2003 to be observed as:
Civility Month
and call upon all our citizens to exercise civility toward each other.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of May, Two
Thousand and three.
Gerald Broening, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
S:~7;C~Wl~CCAGENOA~Prodamations~Civility Mon~ - 2003.doc
IZI.-ANNOUNCEHENTS & PRESENTAT/ONS
Item C.l.c
CITY OF BOYNTON BEt
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
[] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
[] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
[] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon)
[] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfmished Business
RECOMMENDATION: Proclamation issued recognizing the month of May as "Law Enforcement Appreciation
Month"
EXPLANATION: Pursuant to Florida State Statute 683.11 the month of May is designated as "Law Enforcement
Appreciation Month". The statute authorizes municipalities to issue a proclamation in recognition of Law
Enforcement Appreciation month urging all civic, fraternal and religious organizations and public and private
educational institutions to recognize and observe this occasion through appropriate programs, meeting, services, or
celebrations in which local law enforcement officers are invited to participate.
PROGRAM IMPACT: Improvement of police/community relations.
FISCAL IMPACT: None
ALTERNATIVE~;~one
Marshalt~B. Ga~e, Chief of Police
Department Head's Signature
City Manager's Signature
Police
Department Name
City Attorney / Finance / Human Resources
S:~BULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC
The ideal society is composed of talented and dedicated individuals who are heroes in
various occupations. A balance of commitment to both private and public interests is essential in
promoting the ideal civic environment.
Much can be said about the contributions of most industries. However, we must pay a
tremendous debt of gratitude to the more than 700,000 men and women who serve our
communities as law enforcement officers for the sacrifices they make so that we might enjoy safer
places to live and work.
Each and every day, the threat of personal injury is real for every public safety officer who
is sworn to provide emergency assistance for life threatening situations. The officers responding
have few or no details of the circumstances they are soon to encounter.
Public expectations are great. Officers are expected to bring order where there is chaos,
security where there is danger, and advice where there is inquiry. All must be delivered in strict
compliance with statute. It is nearly impossible to satisfy all these demands and remain the
recognized friend.
Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim May 2003 as:
Law Enforcement Appreciation Month
and urge all citizens to reflect on the positive ways in which law enforcement makes a difference in
their lives and appropriately acknowledge that police do contribute to the security and freedom that
we enjoy in America.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of May, two thousand
and three.
ATTEST:
Gerald Broening, Mayor
City of Boynton Beach
City Clerk
(Corporate Seal)
S:\C~W~CCAGENDA~rodamatJons~Law Enforcement Al)predation Month - 2003.do¢
,!
D~Z.-ANNOUNCEf4ENTS & PRESENTATIONS
Item C.l.d
CITY OF BOYNTON BEAC}
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
[] April 1, 2003
[] April 15. 2003
[] May 6, 2003
[] May 20, 2003
Date Final Form Must be Turned Requested City comn'ussion Date Final Form Must be Turned
in to City Clerk's Office Meeting Dates in to City Clerk's Office
March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
March 31, 2003 (Noon) [] June 17. 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30. 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Present Proclamation for National Nurses Week
EXPLANATION: Commissioner Weiland has requested the addition of a Proclamation for National Nurses Week, which is
being celebrated May 5-9.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not present Proclamation
(~ D~partm6~t Head~i~-~a~'~e
City Manager's Signature
Public Affairs
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN~FORMSXAGENDA rTEM REQUEST FORM.DOC
Nearly 2.7 million registered nurses in the United States comprise our nation's largest
health care profession. These dedicated women and men meet the different and emerging health
care needs of the American population in a wide range of settings.
Professional nursing has been demonstrated to be an indispensable component in the
safety and quality of care of hospitalized patients. In Boynton Beach, the nurses of Bethesda
Memorial Hospital are committed to the promotion of health, the prevention of disease, and the
delivery of quality nursing care. While a renewed emphasis on primary and preventive health care
has required the better utilization of all of our nation's registered nursing resources, Bethesda
women and men in nursing have been expanding their professional health care roles by continually
striving to upgrade standards of care and improve services through practice, education, and
research.
The demand for registered nursing services is greater than ever because of the aging of
the Amedcan population, the continuing expansion of life-sustaining technology, and the explosive
growth of home health care services. This means that more qualified registered nurses are
needed to meet the increasingly complex needs of health care consumers in this community.
Boynton Beach is indeed fortunate to have dedicated nurses utilizing their knowledge, skills,
energy, and compassion to improve the quality and accessibility of health care services for our
residents.
Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim May 5-9, 2003, as:
Nur~e~' Week
~n recognition of the contributions of the nurses at Bethesda Memorial Hospital to the health care of
our residents.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 5th day of May, Two
Thousand and three.
ATTEST: ,
Gerald Broening, Mayor
City of Boynton Beach
l:iles~)LK'ANutses Week Proclamation - 2003.doc
IV. ADMt'NI~STRATZVE
TI'EM A.
CITY OF BOYNTON BEA
AGENDA ITEM REQUEST FORM
Requested City Commission
Meetin~ Dates
[] April 1, 2003
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in to City Clerk's Office Meeting Dates in to City Clerk's Office
March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Accept the resignation of David Nyquist, Regular member of the
Cemetery Board.
EXPLANA'~ON:
On Friday, April 18, 2003, David Nyquist telephoned the City Clerk
to advise that he was moving out of the City of Boynton Beach and
was resigning from the Cemetery Board.
PROGRAM IMPACT:
F/SCAL IMPACT:
ALTERNATIVES:
(.~Department'Head s Signature
City Manager's Signature
City Clerk's Office
Department Name
City Attorney / Finance / Human Resources
S:\CC\WP\CCAGENDALa, genda Request MemosL6.genda Item Request- Resignation of David Nyquist - Cemetery Board.dot
S:XBULLETINM~RMSXAGENDA ITEM REQUEST FORM.DOC
v.-cons nx m n.^
CITY OF BOYNTON BEAC i ITEM 8.:t.
AGENDA ITEM REQUEST FO 13 9:
Requested City Commission Date Final Form Must be Turned
Meetin,, Dates in to City Clerk's Office
Requested City ConUmssion
Meetino Dhtes
Date Final Form Must be Turned
in to City Clerk's Office
[] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon)
[] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2. 2003 (Noon)
[] May 6, 2003 April 14, 2003 (Noon) [] luly 1, 2003 June 16, 2003 (Noon)
[] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: A motion to award the bid for "SUPPLY & INSTALL FIRE SPRINKLER
THE SENIOR CENTER" BID#040-2413-03/CJD to SUMMERS FIRE SPRINKLERS, INC. of Boca Raton,
the amount of: $55,900.00.
'3
SYS~M~
II~ridllrla-s
EXPLANATION: On March 18, 2003, Procurement Services received and opened one (1) bid for "SUPPLY &
INSTALL FIRE SPRINKLER SYSTEM". After review of the "sole" proposer, by our consultant, CH2M Hill, it has
been determined that Summer Fire Sprinklers, Inc. is a responsible, responsive bidder who meets all specifications.
References have been checked and all responded positively, (see attached memo from CH2M Hill). David Kelly, City
Engineer, concurs with this recommendation (see attached memo ~g}3-060).
PROGRAM IMPACT: The purpose of this bid was to obtain a contractor to supply and install complete new fire
sprinkler system to meet code requirements at the Senior Center. This system is to be installed through out the
complete structure, both finished and unf'mished interior.
FISCAL IMPACT: The current budget allocation available for the Fire Sprinkler System at the Senior Center is
$27,126.00. Due to the immediate need for this improvement, Recreation Department has submitted a budget transfer
to Financial Services (memo attached) for the additional funding of $29,000.00 to cover the bid award. Presented
below are the accounts impacted:
Account Description.',
CIP - Fire Sprinkler
CIP - Boat Club Surveillance
CIP - Civic Ctn Flooring
Deputy Director of Financial Services
Procurement Services
Department Name
Account Number:
302-4111-580-64-02
302.4108-580-64-02
302.4205-580-62-01
Amount:
$56,126.00
<20,000.00>
~~nature'
City Attorney / Finance / Human Resources
S:XBULLE~RMSkAGENDA ITEM REQUEST FORM.DOC
C: David Kelley - City Engineer
Richard Fiege - Facilities Manager
File
RESOLUTION NO. R 03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF BID FOR "SUPPLY & INSTALL FIRE
SPRINKLER SYSTEM AT THE SENIOR CENTER", BID
#040-2423-03/CJD, TO SUMMERS FIRE SPRINKLERS,
INC., IN THE AMOUNT OF $55,900.00; AUTHORIZING
EXECUTION OF THE CONTRACT, AND PROVIDING
AN EFFECTIVE DATE.
WItEREAS, on March 18, 2003, Procurement Services received and opened one
1) bid for "Supply & Install Fire Sprinkler System". After review and evaluation, it was
letermined by staff that Summer Fire Sprinklers, Inc., is a responsible, responsive bidder
who meets all specifications; and
WItEREAS, the purpose of the Bid was to obtain a contractor to supply and
install a complete new fire sprinkler system to meet code requirements at the Senior
Center, which system will be installed through out the complete structure, both finished
and unfinished interior; and
WHEREAS, the City Commission, upon recommendation of staff, deems it to be
the best interests of the citizens and residents of the City of Boynton Beach, to award
bid (#040-2413-03/CJD) and enter into an agreement between the City of Boynton
and Summers Fire Sprinklers, Inc., in the amount of $55,900.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
true and correct and are hereby made a specific part of this Resolution upon adoption
;:\CA\RESO~Agreements\Bid Awarcls\Bid Award - Fire Sprinkler - Sr Center.doc
Section g. The City Commission of the City of Boynton Beach, Florida, upon
>mmendation of staff, hereby approves the award of a bid for "SUPPLY & INSTALL
SPRINKLER SYSTEM AT THE SENIOR CENTER", BID #040-2423-03/CJD, to
Summers Fire Sprinklers, Inc., in the amount of $55,900.00; authorizing the City
execute a contract, a copy of which is attached hereto.
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS ~ day of May, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Clerk
;:\CA\RESO~a, greements\Bid Awards\Bid Award - Fire Sprinkler - Sr Center.doc
BID TITLE: SUPPLY & INSTALL FIRE SPRINKLER SYSTEM AT THE
SENIOR CENTER
BID NUMBER: 040-2413-03/CJD
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 6th day of May, 2003, by and between
the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
"CITY" or "OWNER" and SUMMERS FIRE SPRINKLERS~ INC.~
a Florida Corporation (_X_)
a Florida General Partnership ( }
a Florida Limited Partnership ( )
a Sole Proprietor ( )
Check One
hereinafter called "CONTRACTOR".
WITNESgETH
Ao
The City has heretofore invited bids for a City construction project ("Project") identified
by the bid title, bid number and project number listed above and commonly referred to as:
SUPPLY & INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER
Contractor, in compliance with the bidding requirements announced by the City,
submitted a bid on the 18tt! day of March 2003, for the total bid amount of $55~900.00.
C. On the 6th day of May 2003, the City Commission designated contractor as having
submitted t---he bid that was most advantageous to the City and authorized the execution of
this Agreement.
D. The Partiea agree that the Project is scheduled to be completed within 90 calendar days of
the issuance of the Notice to Proceed, subject to CITY approved time extensions. There
are penalties to the CONTRACTOR for the failure to meet such deadlines.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
rev. 12/07101
C-I
1. AGREEMENT
e
1.1. The Parties agree that:
1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct
and incorporated herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3.
The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction (GC-2)
1.1.5. Unless otherwise providedk-all time frames referenced in all Contr. actg.
Documents shall be calendar days.
SCOPE OF SERVICES
2.1.
The Project consists of those improvements described and set forth in the Contract
Documents.
2.2.
The Contract Documents are the compilation of the following individual
documents:
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5.
2.2.6.
2.2.7.
2.2.8.
2.2.9.
2.2.10.
2.2.11.
2.2.12.
Advertisement for Bids
Instructions for Bidders
Bid Proposal
Bid Bond
General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
Construction Contract
Certificate of Insurance
Public Construction Bond
Letters of Credit
Technical Specifications
Contract Drawings and Plans
Addenda
2.2.13. Written directives or interpretations
2.2.14. Manufacturers warranties
rev. 12/07/01
C-2
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1.
Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2.
Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3.
Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on t'fie in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4.
Guarantee all work and mat~als for a period of one (1) year. Upon recedpt ·
of written notification from the CITY, CONTRACTOR shall correct any
defective or faulty work or materials which may appear within one (1) year
after completion of the Contract and receipt of final payment.
CONTRACTOR shall make the necessary corrections within ten (10) days
of receipt of the written notice.Comply with the provisions of Section
255.05, Florida Statutes, if applicable. Pay promptly, before final
settlement, any and all claims or liens by subcontractors or material
suppliers, incurred in and about this work. Furnish release of liens forms
from all subcontractors and suppliers of materials. Release of lien forms
to be utilized shall be supplied by CITY.
rev. 12/07/01
3.1.6.
3.1.7.
3.1.8.
3.1.9.
Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
Perform such other tasks as set forth in the Contract Documents.
C-3
3,2.
3.1.10. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) days of the
Award of the Project.
The CONTRACTOR will be held responsible, for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions or the acts or omissions of their
subcontracts or suppliers.
4. CITY'S OBLIGATIONS
4.1.
City shall provide a written notice to proceed not later than ten (10) days from the
execution of this Contract.
4.2.
Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4,3.
On satisfactory completion of the Pt~o~ject, provide a written final acceptance
payment for the entire project.
5. COMMENCEMENT OF WORK
5,1,
5.2.
5.3.
CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in the written "Notice to Proceed" of the CITY and to
fully complete the project within 90 calendar days following the commencement
date as specified in same.
Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, a~ liquidated damages and not as penalty, the amount stipulated in
Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR
shall be in default of completion.
CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
rev. 12/07/01
C-4
6. LIQUIDATED DAMAGES
6.1.
The CONTRACTOR further agrees to pay $100.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to complete the work within 90..._calendar days from
the commencement date as indicated in the written "Notice to Proceed". The
CITY shall have the right to deduct said liquidated damages from any amount due,
or that may become due the CONTRACTOR, or to collect such liquidated
damages from the CONTRACTOR or his Surety.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1.
The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the General Conditions for Construction (GC-44,
GC45, and GC46).
8. INDEMNIFICATION
8. t. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees fro~ and against any claim, demand, or cause,of .e
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification, provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
rev. 12/07/01
C-5
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4.
The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1.
The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1.
10.2.
10.3.
The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Conwact sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any clam for e~t~ension of time caused thereby shall be ma~le
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction (GC-57).
All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no clam for extras will be allowed.
Clam of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No clam for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the clam presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1.
Il.2.
11.3.
The Project Engineer ("Engineer") is David Kelley,
The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
As the Project Engineer is, in the first instance, the interpreter of the-conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
rev. 12/07/01
C-6
11.4.
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction (GC-28).
13. CONTRACT CONTROLS
13.1.
13.2.
This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict-shall be resolved by written interpretation'by -~'
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-18). In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction and finally by the balance of the Contract Document
14. TIME OF
14.1.
ESSENCE
Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15. REMEDY
15.1.
15.2.
FOR DELAY
In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agentS, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
NO MONETARY DAMAGF_3 SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYF_~S. CONTRACTOR ACKNO~GES THIS LIMITATION ON
rev. 12/07/01
C-7
RECOVERY AND ASSUMES AIL MONETARY RISK ASSOCIATED WITH
THIS LIMrFATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
15.3.
Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction (G-C 24)
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set fort~_h in the General Conditions for Construc~..on g'
(GC-19).
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Attest:
City Manager
Approved as to Form:
City Clerk
City Attorney
rev. 12/07/01
C-8
Signed, sealed and witnessed
in the presence of:
SUMMERS FIRE SPRINKLERS, INC.
President or Vice President
Attest as to CONTRACTOR
State of Florida
County of Palm Beach
SS:
On this day of , 20 , personally appeared before me, duly
authorized to administer oaths, known
to be the persons described herein or who has produced as
identification and who executed the foregoing inst~ment and has acknowledged before me t~at
they have executed same.
My Commission Expires:
Notary Public
rev. 12/07/01
C-9
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 03-060
RECEIVED
MAR 3 1 2003
PROCUREMENT SERVICES
TO:
FROM:
DATE:
SUBJECT:
Bill Atkins
Deputy Director of Finance
Procurement Services
H. David Kelley, Jr., PE/PSI~'_~~'~
City Engineer
March 28, 2003
Fire Sprinkler System
Boynton Beach Senior Center
Bid ~fl)40-2413-031CJD
Recommendation of Award
Bids were received and publicly opened for the above noted project on March 18, 2003, with
you in attendance. Our consultant, CH2M-HILL, has reviewed the bid package submitted by
Summers Fire Sprinklers, Inc. and found the bid complete. They have also checked the
references submitted by the proposed bidder. Attached is the original letter from our consultant.
Based upon the bid package, our consultant's March 24th letter recommends the award for this
project to Summers Fire Sprinklers, Inc. in the amount of $55,900, this office concurs with the
recommendation. The account number is #302-4111-580-64-02.
Please present this recommendation to the City Commission for their approval.
If any additional information is required, please call me at x6488.
HDK/ck
XC:
Jeff Livergood, PE, Director of PubliC Works
Wally Majors, Director, Recreation
Carol Kdbs, Administrative Secretary
File
S:~Engineering~Fire System System Bid, BB Senior Center.doc
CH2M HILL
One Harvard Circle
West Palm Beach, FL 33409-1923
Tel 561.515.6500
Fax 561.515.6502
CH2MHILL
~ch 24, 2003
H. David Kelley, Jr., P.E., P.S.M.
City Engineer
Public Works/Engineering Division
City of Boynton Beach
I00 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Fire Sprinkler System
Boynton Beach Senior Center
Bid # 040-2413-03/C4D
Recommendation to Award
Dear Mr. Kelley:
Bids were received and publicly opened and read aloud on March 18, 2003, for the above
referenced project. The Bid Tabulation Sheets and Register of Bid Documents are
attached to this letter.
We reviewed the Bid Package submitted by Summers Fire Sprinklers, Inc. and found the
bid was complete and appears to be a responsive bid in accordance with the Contract
Documents.
We checked four references submitted by Summers and asked each reference to comment
on the following topics:
1. What Project did Contractor complete for Client?
2. What was $ Value of Construction?
3. What was Quality of Work?
4. Was Project Completed on Schedule?
5. Was Project in Budget? Change Orders (fair?)
6. Was job Properly Staffed?
7. Did Contractor control his Subs?
8. Would you use him again? (Rate from 1 - 10)
H. David Kelley, Jr., P.E., P.S.M.
City of Boynton Beach
March 24, 2001
Page 2
The references contacted gave favorable comments in all aspects of their working
relationship with Summers, Inc. and would recommend them on future projects. The
telephone conversations are documented in the attached telephone evaluation form.
Therefore, based on our review of the Bid Package, the positive reference feedback and
the assumption that The City of Boynton Beach will find the Bid Documents complete
and in proper order, we recommend that Summers, Inc. be officially selected as he
successful low bidder.
If a further presentation of our findings and recommendations is required, please advise
and we will be happy to be available.
Very truly yours,
Michael Flattery
Project Manager
Projecff176669/admin/Ltr Kelley Recommendation of Award_3-24-03
TO:
FROM:
DATE:
SUBJECT:
RECREATION & PARKS DEPARTMENT
MEMORANDUM NO. 03-29
Bill Atkins, Deputy Director of Financial Services
Wally Majors, Recreation & Parks Director
April 10, 2003
Senior Center Sprinkler System
RECEIVED
APR 11 21XB
pRO~VICES
As you know, $35,000 was budgeted in CIP account #302-4111-580.64-02 for the Senior Center
sprinkler system. The recommended bid award is in the amount of $55,900. An additional
$7,874 has been spent fi.om this account to date.
A budget transfer has been prepared to fund the balance needed for this project fi.om the
following accounts:
$20,000 fi'om account #302-4108-580-64-02 (Boat Club video surveillance system). It was
determined not to be feasible to install the system at this time.
$9,000 from account #302-4205-580-62-01 (Civic Center floor). If this project receives approval
to move forward, it will be done at a reduced cost ($30,000 budgeted in this account).
Please contact me if you need any additional information. Thank you.
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BIDDER ACKNOWLEDGEMENT
Submit Bids To:
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 3 l0
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date: February I l, 2003
Bid Title:
SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM
AT THE SENIOR CENTER
Bid Number:
9040-2413-03/CJD
Bid Received By: MARCH 18, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: MARCH 18, 2003, no later than 2:30 P.M. (local time) and may not
be withdrawn within ninety (90) days after such date and time.
Federal I.D. Number:
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City.
IBq t2 6
A Corporation of the State of:
Area Code: ~'(t I Telephone Number:
FAX Number:
Area Code: 5(0 I
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
A~lthorized~atur,
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
BA- I
ADDENDA
CITY OF BOYNTON BEACH
FLORIDA
BID TITLE: SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM
AT Tl-IE ~ENIOR CENTER
BIDDER:
DATE SUBMITTED:
We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the
Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
0,4
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when
propose to perform the work of this Project
following addenda which we have received:
indicated in these specifications to do so), we
according to the Contract documents and the
ADDENDUM DATE ADDENDUM DATE
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 1N ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
A-I
BID PROPOSAL
The Bidder agrees to accept as full payment for the:
SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER
BID #040-2413-03/CJD
Scope of Work: Supply and install complete new fire sprinkler system to meet code requirements
at the Senior Center located at 1012 S. Federal Highway, Boynton Beach, Florida. The system is
to be installed through out the complete structure, both finished and unfinished interior square
footage of 9,891.
TOTAL PROJECT SUM
·
'4OAOO
and
· ------'-- Cents
(amount written in words has precedence)
The undersigned bidder agrees to commence work within ten (10) calendar days after the date of
the "Notice to Proceed" and shall complete the work within 9.fl calendar days after the
commencement date.
Original and two (2) copies of bid submitted.
Attached is a computer generated horizontal bar chart showing proposed schedule of
work.
Schedule of Subcontractors submitted.
~ Site Inspection Form submitted.
Evidence of possession of required 'licenses and/or business permits submitted.
The undersigned bidder hereby represents that he has carefully examined the drawings and the
Contract including all Contract documents and will execute the Contract and perform all its
items, covenants and conditions, ali in exact compliance with the requirements of the
specifications and drawings.
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP- I
STATE OF FLORIDA
OFFICE OF TREASURER
DEPARTMENT OF INSURANCE
TALLAHASSEE, FLOR/DA
STATE FIRE MARSHAL
CERTIFICATE OF COMPETENCY
THIS CERTIFIES THAT: GARRET P GRAN1TTO
1534 NVff IST AVE
BOCA RATON, FL 33432-
BUSINESS ORGANIZATION: SUMMERS FIRE SPRINKLERS INC
CONTRACTOR II IS LHs/ITED TOTHE EXECUTION OF CONTRACTS REQUIRINO THE ABILITY TO LAYOUT, FABRICATE, INSTALL, INSPECT,
ALTER, OR SERVICE WATER SPRINKLER SYSTEMS, WATER SPRAY SYSTEId$, FOAM-WATER SPRINKleR SYSTEMS, FOA~-WATER SPRAY
SYSTEMS, STANDPIPES, COMBINATION STANDPIPES AND SPRINKLER RISERS, EXCLUDING PRE-ENGINEERED SYSTEMS.
931074OOO12001
Insurnnce Conun/ss/oner
Fire Mnndud
STATE OF FLORIDA
DIVISION OF STATE FIRE MARSHAL
REGULATORY LICENSING SECTION
TALLAHASSEE, FLORIDA
GENERAL LICENSE INFORMATION
Important: Review all information on your license/permit. Notify the Regulatory Licensing Section immediately if
there are any error~ on the license.
Within 10 days of the changing of a business address, home address, mailing address, or physical location, you are
required to notify the Regulatory Licensing Section of the change.
If your license/permit is lost, stolen or destroyed, notify the Regulatory Licensing Section immediately, in writing.
Change of address, lost, stolen or destroyed licenses or permits require replacement. Upon receipt of notification you
will be invoiced for replacement fees.
DIRECT INQUIRIES TO:
Division of State Fire Marshal
Regulatory Licensing Section
200 East Gaine~ Street
Tallahassee. FL 32399-0342
Phone (854}) 413-3623
The bidder, by and through the submission of his Bid, agrees that he has examined and that he
shall be held responsible for having theretofore examined himself as to the character of the route,
the location, surface and underground obstructions, the nature of the ground water table,
conditions and all other physical characteristics of the work, in order that he may thereby provide
for the satisfactory completion thereof, including the removal, relocation or replacement of any
objects or obstructions which will be encountered in doing the proposed work.
The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the
event bidder contests the award of this project to another bidder, that the bidder damages, if any,
are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for
other damages coming from the City's failure to award the project bidder.
Date
(Name of bidder, Corporation, Firm or Indi~duai)
Printed Name
Title
Telephone Number
Florida Contractor's License Number
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP-2
BID BOND
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
KNOW ALL MEN BY THESE PRESENTS, that
as Principal, and , as Surety, authorized to do
business in the State of Florida are held and fu"mly bound unto the Owner, City of Bnyntnn Beach
in the penal sum of
Dollars ($ ) lawful money of the United States, for the payment of which sum will
and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying bid, dated ,20 , for:
gIlPPl,Y AND INSTAl,I, FIRE SPRINKI,ER SYSTEM AT THE SENIOR CENTER
NOW THEREFORE,
If the principal shall not withdraw said Bid within ninety (90) days after date of opening
of the same, and shall within ten (10) days after the prescribed forms are presented to
him for signature, enter into a written Contract with the Owner in accordance with the
Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be
required, for the faithful performance and proper fulfillment of such Contract, then the
above obligations shall be void and of no effect, otherwise to remain in full force and
effect.
BIB- !
Bo
In the event of the withdrawal of said Bid within the period specified, or the failure to
enter into such Contract and give such bonds within the time specified, if the principal
shall pay the Owner the difference between the amount specified in said Bid and the
amount for which the Owner may procure the required work and supplies, if the latter
amount be in excess of the former then the above obligations shall be void and of no
effect, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their several seals, this ~ day of , being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to authority of is governing
body.
W1TNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
PRINCIPAL:
Name of Firm
WITNESS:
Signature of Authorized Officer (affixed seal)
Title
Business Address
City and State
BIB- 2
SURETY:
Corporate Surety
W1TNESS:
Attorney-in-fact (affix seal)
Business Address
City State
Name of Local Insurance Agency
BIB- 3
CERTIFICATE AS TO CORPORATE PRINCIPAL
as Principal in the within bond; that
on behalf of the Principal, was then
, certify that I am the Secretary of the Corporation named
who signed the said Bid Bond
of said Corporation; that I know has
signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by authority of its governing body.
Secretary (corporate seal)
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says
that he is the Attorney-in-Fact, for the
authorized by
and that he has been
to execute the foregoing bond on behalf of the
Contractor named therein in favor for the Owner, the City of Boynton Beach.
BIB- 4
STATEMENT OF BIDDER'S QUALIFICATIONS
Each Contractor bidding on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each bid document. Failure to comply with this
instruction may be regarded as justification for rejecting the Contractor's proposal.
* attach additional sheets giving the information
Name of Bidder:
Business Address:
°
When Organized: I q ~ '~
Where Incorporated: I q g ~
How many years have you been engaged in the contracting business under the present
firm name? '7
General character of work performed by your company.
8.
9.
10.
11.
Enclose evidence of possession of required licenses and/or business permits.
Number of employees.
Background and experience of principal members of your personnel, including officers. *
Bonding capacity. '~-~
Have you ever defaulted on a contract? If so, where and why?*
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ- !
STATEMENT OF BIDDER'S QUALIFICATIONS continued ......
12. Experience in performance.
Project $ Value Contact Name
Phone #
13.
14.
Contracts on hand. *
Largest completed projects (include final cost).
l)
2)
3)
15.
List all lawsuits (design and/or construction related) or arbitrations to which you have
been a party and which: *
1)
2)
arose from construction projects:
occurred within the last 4 years: *
3) provide case number and style:
Dated at:
this /~ffn'day of t/]/~g¢~ ~/_ 2003
Name:
(printed or typed)
Rev. 05/30/02
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ- 2
PAGE 1
COMPLETED AND/OR ONGOING PROJECTS;
Miller & Solomon
8491 NW 17 Street, Suite L
Miami, FL 33126
Contact: Mr. Steve Roth
(305) 466-4247
Peninsula Phase I
325l N.E. 183ra Street
Aventura, FL
31 Story Condominium
$1,600,000 (Bonded)
Mizner Grand Condominium
500 SE 5th Ave
Boca Raton, FL 33432
Hi-Rise Condominium
$1,250,000 (Bonded)
Grand Bay Residences
430 Grand Bay Drive
Key Biscayne, FL
$800,000 (Bonded)
Coastal Condominiums
400 S. Ocean Blvd.
Boca Raton, FL 33432
Contact: Mr. Kevin Harrington
(561) 338-9355
The Excelsior
10 Story Condominium
Boca Raton, FL
$380,000 - (Bonded)
Architect - Vander Ploeg & Associates
Coastal Construction Company
790 NWl07 Avenue
Miami, FL 33172
(305)559-4900
Sawgrass Ford
Car Dealership
Sunrise, FL
$119,000
Brasfield & Gorrie LLC
900 Winderley Place Suite 250
Maitland, FL 32751
Contact: Mr. Kirk McKinnon
(407) 660-8090
Cambridge Executive Phase II
6-Story Office Building & Garage
Ft. Lauderdale, FL
$280,000
The Weitz Company
560 Village Blvd. Suite 120
West Palm Beach, FL 33409
Contact: Mr. Clayton Garrison
(561) 686-5511
Safeguard Coconut Creek
$93,500
Safeguard Miramar
$94,000
(2) 3-Story Self Storage Buildings
Minto Las Olas
31 Story Condominium
Ft. Lauderdale, FL
Architect Cohen Freedman Encinosa& Assoc.
$880,000 - (Bonded)
(CONT)
PAGE 2
ltasca Construction Associates
6300 NW 5~ Way
Ft. Lauderdale, FL 33309
(954) 771-7122
Contact: Mr. Mike Albee
Gateway ~ Quantum
2025 & 2035 High Ridge Road
Boynton Beach, FL 33431
56,104 sq. ft. & 78,226 sq. ft. warehouses
$126,900
Sensormatic
2049 High Ridge Road
Boynton Beach, FL 33431
Tenant Build-out
$46,000
Doral Costa Office Bldgs.
2049 High Ridge Road
Boynton Beach, FL 33431
Two Office Buildings
$136,910
Catalfumo Conslruction
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
(561) 694-3000
Contact: Mr. Doug Parry
Quantum Business Center Bldg 1
3700 Quantum Blvd
Boynton Beach, FL 33431
142,200 sq. ft. warehouse
$167,000 (Completed)
Cheney Brothers
I Cheney Way
Riviera Beach, FL
99,600 sq. ft. warehouse
$142,700 (Awarded)
$166,070 (Completed)
Hospice of Palm Beach
5300 East Avenue
West Palm Beach, FL
Two Story Office & Garage
$166,000 (Completed)
Turner Conslruction Company
70 Fisher Island Drive
Fisher Island, FL 33109
Contact: Mr. Jim Jackson
(305) 538-0015
Oceanside 6
7400 Fisher Island Drive
Fisher Island, FL
9-Story Condominium Building
$426,756 (Bonded)
$438,508 (Current)
Architect - Sandy & Bobcock, Inc.
Turner/Lathrop
363 Granello Ave
Coral Gables, FL 33146
Contact: Mr. Thad Smith
(305) 774-6007
South Deck at Merrick Park
340 San Lorenzo Ave
Coral Gables, FL
5-Story Parking Garage
$680,000 (Bonded)
$705,574 (Current)
Architect - Elbasani & Logan Architects
(CONT.)
PAGE 3
IBEX Construction
4241 Aurora Street
Coral Gables, FL 33146
(305) 443-7778
Contact: Mr. Greg Montelione
Nordstrom -Boca Raton
Town Center Mall
Boca Raton, FL
2-Story Department Store
$284,109 (Awarded & Bonded)
$312,504 (Completed)
Nordstrom - Memck Park
4310 Ponce de Leon Blvd.
Coral Gables, FL
3-Story Department Store
$330,000 (Awarded & Bonded)
$357,300 (Completed)
Architect - Callison Architects
Nordstrom - Wellington
10320 W. Forest Hill Blvd.
Wellington, FL
2-Stor3, Department Store
$210,000 (Bonded)
Architect - Callison Architects
Chinook Construction, Inc.
1500 NW 49~ St., Suite 500
Ft. Lauderdale, FL 33309
Contact: Mr. Bill Keenan
(954) 776-6700
Waters Edge Apartments
500 N. Congress Ave
Delray Beach, FL
(5) 3-Story Apartment Buildings
$170,000
Fountains of Delray Beach
14401 S. Military Trail
Delray Beach, FL
(6) 3-Story Apartment Buildings
$240,000
1900 W. Commercial Office Bldg.
Ft. Lauderdale FL
200,000 sq. ff. Build-out
$1'20,000
BIDDER'S SITE INSPECTION CONFIRMATION
BID TITLE: $11PPI,Y AND INSTAl,I, FIRE SPRINKI.ER SYSTEM AT THE SENIOR
CENTER
BID NUMBER: #040-2413-03/CID
DATE: ~//'~/O'~
Before me, the undersigned authority, authorized to take acknowledgements personally appeared:
ff_.~'~'r (-..og:D,~ ,'t 'to as an authorized representative of:
~O~O~..,~ ~'~'T~ .~~t~.~,' (hereinafter called the bidder) located at
IOi~t .~ P"$'~$~'~ Nt~u'f . /'~.fa.eloo-r ~ and that said
1
bidder has visited the site of the work and has carefully examined the plans and specifications for
said project and checked them in detail before submitting his bid or proposal.
CITY EMPLOYEE SIGNATURE
DATE OF INSPECTION
BSI- I
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of ~'~1 Or;, D ta )
County of ~g..t~ ~-t0OJ )
, being first duly sworn, deposes and says that:
I)
(Title) (Name of Corporation or Firn~)
the bidder that has submitted the attached bid:
2) He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4)
Further, the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference with
any other bidder, firm or person to fix the price or prices in the attached bid or of any other
bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any
other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement
any advantage against the City of Roynton Reach (l.ocal [h~hlic Agency) or any person
interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this afCant~/ /.
L P. moll/,8 (Signed) -
k. N..-~-,~t, My Comm. Exp. Jul. 15, :;04
. ,.,:.t,.~,L~,~, Comm. No. CC 952'~51 (Title) z
Subscribed and sworn to befo. r~_ me
This /2~''d'l day of ~ ~
,20d-5
My commission expires
L. P. l'HO~4A8
Not~ry Publl~ St~l ~f ~
My Comm. ~, Jul, 18, 2004
Comm. No, CC g~l~l
THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NCA- I
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
SS
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be
paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly or indirectly by me or any member of my firm or by an officer of the corporation.
Sworn and subscribed before
this /ffg'~ day of
14oTARY PUBLIC, State of Horida
at Large
L P. THOMAS
~ Public StM~
My Comm. Exp. Jul. 15.
Comm. No. CC 9521
"OFFICIAL NOTARY SEAL" STAMP
Printed Information:
NAME
TITLE
COMPANY
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
AKA- I
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
AMERICAN INDIAN
ASIAN
BLACK
HISPANIC
WOMEN
OTHER
(specify)
Do you possess a Certification qualifying your business as a "Minority Owned Business"?
YES NO ~
If YES, name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB- I
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAl, TIE. IqlDR
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1)
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection ( i ).
4)
In the statement specified in subsection (I), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
5 days after such conviction.
5)
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that t~s firm compl~/f, uily, w~h
the above requirements.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
DFW- I
TRENCH SAFETY ACT
AFFIDAVIT
On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S. 1926.650, as Florida's own standards.
The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on all
persons employed by the Contractor and his subcontractors.
The proposer is also obligated to identify his anticipated method and cost of compliance with the
applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE
FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A
BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT
BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE
SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE*
THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN
AND SUBMIT IT WITH THEIR BID DOCUMENTS.
Name°fP~°s~7 ~ ~
AU th,..,~, o2~ S i~~op~se? L×
*COMPLETION ~QU~S PROPOSERS TO F~L IN THE APPROPRIATE DETA~S
UNDER THE FOLLOW~G HEAD~GS:
Description Unit Quantity Unit Price Extended Price Method
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
TSA- I
SAFETY PROGRAM COMPLIANCE
Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference
shall be given to contractors with an established safety program following O.S.H.A. guidelines,
and documented results establishing a safe working environment.
I. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the
Contract (attach to the back of this form).
2. The City reserves the right to conduct periodic safety inspections of the contractor,
subcontractor, employees, agents, etc. throughout the duration of the Contract.
The City reserves the right to terminate the Contract where it is determined that the contractor
or subcontractor is in non-compliance of the safety terms, regulations or requirements
established by O.S.H.A. or the State.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
l
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SPCo !
STATEMENT OF NO BID
If you are not bidding on this service/commodity, please complete and return this form to:
PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O.
Box 310, Boynton Beach, Florida 33425-0310.
Failure to respond may result in deletion of vendor's name from the qualified bidder's list
for the City of Boynton Beach.
COMPANY NAME:
ADDRESS:
TELEPHONE:
SIGNATURE:
DATE:
WE, the undersigned have declined to respond to your Bid # 040-2~113-03/Cll) for ~
INflTAi,l, FIRE ~PRINKI,ER flYflTEM AT THE ~ENIOR CENTER because of the
following reasons:
REMARKS:
Specifications too "tight", i.e., geared toward brand
(explain below)
Insufficient time to respond to the Invitation
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
or manufacturer only
Other (specify below)
IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM
AND RETURN TO PROCUREMENT SERVICES
NB-I
BID BOND
5'l'A I'~ (')Y HI .OR
C 0 U NTY OF ?,~..M BEACH
KNOW ALLMEN BY TIIESE PRESF. NTS, that S~ ~ SP~~.,.
b']~in=sx in t~c State c,f Florida arc held and firmly hound unto the Owner. ('itv e,f
m the penal sum of ~ P~C~ OF ~ BID .....
Dotlm's (~;5~ O~ BID ) lawful money of the United Stat=:,, fur ~he payment of ~'hich sum will
aad Italy to ~ made. ~e boad our~cl~c~, our trots, executors, admirfisrratt~m, and
j{.)intly and severally, firmly by these prc~cnts.
t'ltE COND~ION OF Tills ()BI.I(iATION IS SUCH. thltt whereas the Principal has
submitted die acgornpanying bid. dared ~ II ,2003 , for:
S[~PPIY AND INSTAl .[, FIRE gPRINKI,ER SYSTEM ,AT 'l'llI( NI(NI('}R ('~NTER
NOW I'HEI(EF()RE.
A. ti" the priacipal ~hall not withdraw .~aid Bid within nit,cry (~0) days attm' date of npe,m~g
of ti:I- ~arne, and shall within ten (10) days after thc prescribed form.q are presented to
l'~.im fors~ona="'" ·tre. en~r ineo a wdrren gonrrnct with the Owner in accordance with thc
Bid a~ accepted, a,',d give btmd~ with g~da uno sufficient surety or surctic,. ~ may be
required, for thc faithful pcrfomance anti pro,er thlfillment of ,ach Contract. t~en tt~e
above obligaliun~ ~hall be ~oid aha of no effect, otherwise m remain in full force and
13. I,~ the e,~crlt o1' tile wirh,i:'nwal r,f said Bid within al'hZ period specil%d, r.~r thc f:dkrrc to
IN v,,'ITNE5$ YVlII,;RI'iOI:'. thc 'above bounded panics have executed this i~st~mertt
these present, duly signed by its undersigned rep,'~;m~rarivc, pu~ttara tt~ attthoriry ot is gorging
body.
WITNESS: (Ir' Sol,: O,anership or Partncr.',hip, two {'2) Wirnesse:; reclt,ircd).
(If Curporation. Secretary only will attest ami i.lfllx
P'I(! N { ;I PA I ,:
SUNMI!iRS FIRE SPRIlfKLI!3L~, INC.
Nktll'Ie of Firln
W FIN ["Lq S:
.qignarur¢ of Authorizcct ()fricer (af6xed scal'l
Titl,~
1534 N.W. 1ST A~
Bu:liness Address
BOCA RATON, FLORIDA 33432
City and St~ttu
SURKTY:
- I~ID-STATE SURETY CORPORATION
/x. ttorney-in-facl. (affix :,eul) D. MICltAKL STEVK~$
9180 GALL~ COURT ~300
Busi~e~.,i Addre$.s
.NAPLES, FLOI~DA 34109
City Stat=
COIr.'I'.INb~IORTIt, ~l.,'rl~, I.~iI~ERT, lille.
Name or' ~:,czl Insurance Agency
MID-STA TE SURETY CORPORA TION
GROSSE POINTE FARMS, MICHIGAN 48236
821030
POWER OF ATTORNEY
Know All Men By These Presents:
That the MID-STA TE SURETY CORPORA T[ON, a corporation of the State of MICHIGAN, baying its principal office in the City of Grosse Pointe
Farms, Michigan, pursuant to authority granted by a resolution of its Board of Directors, which reads as follows:
The President, the Vice President. or the Treasurer of this Corporation shall have authority to appoint in writing such attorneys-in-fact, as the
business of the Corporation may require, and to authorize such attorneys-in-fact, and each of them to execute on behalf of the Corporation, any
bonds, recognizances, sttpulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers
as hereinbefore set forth.
"Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of the Secretary or any
Vice President to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third
party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or
Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment."
does hereby nominate, constitute and appoint
D. Michael S=evens
Collinswor~h, Alter, Lamber=, Inc.
its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed.
Any and all bonds in an amount not exceeding $10,000,000.00 in any single instance, for or on behalf of this Company, in its business and in
~rdance with its charter, and to bind MID-STATE SURETY CORPORATION, thereby, and all of the acts of said Attorney-in-Fact, pursuant
.hese presents, are hereby ratified and confirmed.
IN WITNESS WHEREOF, MID-STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, has caused these presents to be signed by
its proper officer
20 O2
and its corporate seal to be hereunto affixed this 1st day of January , ·
- ~_~ . MII~-STA TE SURETY CORPOIt4 TION
STATE OF MICHIGAN, COUNTY OF WA YNE ~ '/~~jO~ J. BARRY, PRESIDENT
On this 1st day of ~ A.D. 2002. personally came before me dOHN J. B E to me known to be the individual and officer of the
MID-STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, who executed the above instrument, and acknowledged the execution
of the same, and being by me duly sworn, did severally depose and say: that he is the said officer of the Corporation aforesaid and the seal affixed
to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and
subscribed to the said instrument by the authority of the Board of Directors of said Corporation.
Gail Trevor /-- -- ' Notary Public
Notary Public Uacomb County, MI ~ ~
Acting in Wayne County, Michigan ~ c~/ C;)~O ~
My Commission Expires Commission Expires
August 2, 2005 /_2
[, the undersigned, Vice President of the Mid-State Surety Corporation of Grosse Pointe Farm& Michigan, a Michigan corporation, DO HEREBY
CERTIFY that the foregoing.Power of Attorney remains in fizll force and has not been revoked, and ]~rth~ore that the provisions of the By-Laws
-£ the company and the Resolutions of tl~ Board of Directors set forth in the Power of Attorney, are still in force.
.,tgned and sealed in the City of Orome Pointe Farms this 17Tffday of _ ~ ,2003
(Seal) / ~ 7"' JOS~.PH~. rS'II~YS, &CE PRESIDENT
BID NAME: SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE
SENIOR CENTER
BID NUMBER: 040-2413-03/CJD
COMMISSION AGENDA: MAY 6, 2003
BROADCAST LIST:
1,455 VENDORS - DEMANDSTAR
35 VENDORS - PROCUREMENT DATABASE
BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE
BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR
COMPLETING A CITY VENDOR APPLICATION.
PLANHOLDERS: 12 VENDORS
PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF TI-[E BID
DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR
RECEIVED FROM PROCUREMENT SERVICES.
BIDS: 1 VENDOR
BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY
SUBMITTED BID PROPOSALS.
ATTACHMENTS:
PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT
OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL
INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY.
BROADCAST LIST FROM PROCUREMENT SERVICES DATABASE.
Planholders L~st - Demanct~tar Oy t.)nv~a t~age tot t
Planholders List
Member Name
Bid Number
Bid Name
Number of Documents for this
bid
City of Boynton Beach
NTC-040-2413-03/C.1D-0-2003/CD
SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE
SENIOR CENTER
1 (Not Including Plans)
12 Planholder(s) found.
Doc Attributes Actions
Supplier Name Phone Fax Count
(305) 691- (305) 696- 1 Documents
A & B PIPE SUPPLY [NC 5000 6810
PIPER FIRE PROTECTION INC 7275819339 9413650936 1 Documents
1. Small
Business
954-747- 954-747- I Documents
J & J Fire Protection 4941 0553 2. Woman
Owned
904-388- 904-388- 1 Documents
Construction Bulletin / www.cbids.com 0336 0109
407-831- 407-831- 1 1. Small , Documents
Three D Promotions, Inc. 2463 0387 Business
SPRINKLERMATIC AUTOMATIC FIRE 954-986- 954-986- 1 Do___CUm_m_e_n__t_s_.
SPRINKLERS, Inc. 1106 1109
561-393- 561-393- 1 1. Small Documents l
Summers Fire Sprinklers 6718 6986 Business -
1. Hispanic
Owned
305-829- 305-829- i Documents
Radiant Fire Systems Corp 0087 9363 2. Small
Business
561-393- 561-393- 1 Documents
Summers Fire Sprinklers Inc 6718 3986
239-633- 239-690- I Documents
TECO Energy Services 6340 5539
(800) 785- (800) 581- 1 .D_o__cu__m__e_n_t~
Constructionjournal.com 5165 7204
Gee & Jenson, A Division of CH2M HILL (561) 515- (561) 515- Docu
(1/27 not renewing) 6500 6640
http://www~demandstar~c~m/buyer/bids/P~anh~~der-List~asp?F=search&-PU=%2F~uyer%~~~ 4/11/2003
NAME OF BID:
"SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER",
BID #: 040.2413-03/CJD
BROADCAST LIST - 35 VENDORS (PROCUREMENT DATABASE)
ACTIVE PROTECTIVE SERVICES, INC.
8252 N.W. 70TM STREET
MIAMI, FL 33166
ADVANCED ALARM SERVICE, [NC.
1253 OKEECHOBEE ROAD, SUITE B-I
WEST PALM BEACH, FL 33401
ALARM GUARD
3965 ~VESTMENT LANE, # A3
RIVIERA BEACH, FL 33404
ANCLOTE ~ & SAFETY, [NC.
460 E. LEMON STREET, SUITE E
TARPON SPRINGS, FL 34689
BISCAYNE ELECTRIC & HARDWARE DISTRIBUTORS, [NC.
1140 N.W. 159 AVENUE
M~il, FL 33169
CERTIFIED SECURITY SYSTEMS
2700 W. CYPRESS CREEK ROAD, SUITE CI00
Fr. LAUDERDALE, FL 33309
CONNEY SAFETY PRODUCI~
3202 LATHAM DRIVE
MADISON, Wl 53713
ADI
3020 HIGH RIDGE ROAD
BOYNTON BEACH, FL 33425
ADVANCED FIRE AND SECURITY, INC.
1001 W. CYPRESS CREEK ROAD, # 118
Fr. LAUDERDALE, FL 33309
AMERICAN SECURITY ALARM SYSTEMS
319 N.C. 3~ AVENUE
DELRAY BEACH, FL 33444
~ FIRE SUPPLY, [NC.
3435 PHILIPS HIGHWAY, SUITE 301
IACKSONVmI-E, FL 32207
c & G DISTRIBUTING, INC.
690 N. 4fa STREET, UNIT
MONTPFI-mR, ID 83254
:HIEF SUPPLY CORPORATION
2468 WEST 11TM AVENUE
EUGENE, OR 97402
CROFr TECHNOLOGIES, INC.
12990 S.W. 191~r STREET
MIAMI, FL 33177
DRAEGER SAFETY, [NC.
I01 TECHNOLOGY DRIVE
Pn-~'SBURGH, PA 15275
5601 N.W. 9TM AVENUE, SUITE 100
Fr. LAUDERDALE, FL 33309
FLORIDA, [NC.
2700 w. ATLAN~C BLVD, SUITE 109
POMPANO BEACH, FL 33069
FLORIDA STATE FIRE & SF, CUR1TY, INC.
3921 S.W. 47TM AVENUE SUITE 1004
DAVIE, FL 33314
IMPACT ABSORBENT TECHNOLOGIES, INC.
P.O. BOX 1131
ATASCADERO, CA 93423
JOHN W. POLHEMUS, INC.
1045 N.E. INDUSTRIAL BLVD.
JENSEN BEACH, FL 34957
EMERGENCY MEDICAL PRODUCTS, [NC.
1711 PARAMOUNT COURT
WAUKESHA, Wl 53186
FIRE PATROL, INC.
P.O. BOX 771105
MIAMI, FL 33177
FIREFIGHTERS EQUIPMENT CO.
3038 LENOX AVENUE
· JACKSONWLL~, FL 32223
THE GLOVE STORE
1250 E. HALLANDALE BEACH BLVD, SUITE 8096
HALLANDAI.g~, FL 33009
JERSEY SHORE AUTOMATION, INC.
1500 MF~ETING HOUSE ROAD
SEA GIRT, NJ 08750
KNOX COMPANY
17672 ARMSTRONG
IRVINE, CA 92614
NAME OF BID: "SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER",
BID #: 040.2413.03/CJD
BROADCAST LIST - 35 VENDORS (PROCUREMENT DATABASE)
LIFE SAFETY MANAGEMENT, INC.
6040 LAKE WORTH ROAD
GREENACRES, FL 33463
MATTHEW OPPERMAN CO, INC.
15832 S.W. 66TM LANE
MIAMI, FL 33193
NATIONAL ALARM SYSTEMS
2101 N. ANDREWS AVENUE, SUITE 206
FT. LAUDERDALE, FL 33311
RESCUE CONCEPTS, INC.
9113 S.H. 146 SOUTH
DAYTON, TX 77535
SIMPLEX GRINNELL, LP
4460 MEDICAL CENTER WAY
WEST PALM BEACH, FL 33407
MARDALE OF AMERICA
3701 N.E. 5TM AVENUE
FT. LAUDERDALE, FL 33334
NAFECO
1515 W. MOULTON STREET
DECATUR, AL 35601
PDQ SUPPLY, INC.
901 NORTH RADDANT ROAD
BATAVIA, IL 60510
SAULSBURY FIRE RESCUE, INC.
P.O. BOX 690
TULLY, NY 13159
V.'CONSENT AGENDA
ITEI B.2.
CITY OF BOYNTON BEA
AGENDA ITEM REQUEST
Requested City Comrmssion
Meeting Dates
[] April l, 2003
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
Date Final Foma Must be Turned Requested City Comn~ssion Date Final Form Must be Turned
in tO (~it~ (~lerk's Office Meeting Dates in to City Clerk's Office
March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon)
March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July 1, 2003 June 16. 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business ~-o ~"~
[] City Manager's Report [] Presentation ~ x.~.~_~
[] Consent Agenda [] Public Hearing
[] Code Compliance/I~gal Settlements [] Unfinished Business
RECOMMENDATION: A motion to award the 'RE-ROOF OF THE PISTOL RANGE" Bid#039-lSll-0r~Cj~].-.~
MURTON ROOFING CORP. of West Palm Beach, Florida in the amount of: $32,371.00.
EXPLANATION: On March 12, 2003, Procurement Services received and opened five (5) proposals for the Re-Roof
of the Pistol Range. It is recommended to award this bid to MURTON ROOFING CORPORATION of West Palm
Beach, Florida, whose bid was overall the lowest, most responsive, responsible bid that met all specifications. Richard
Fiege, Facilities Management Supervisor, concurs with this recommendation (see attached memo g03-057).
PROGRAM IMPACT: The purpose of this bid was to obtain a firm price to remove the existing roofing material and
install a new KOPPERS Coal Tar Roof on the Pistol Range Building.
FISCAL IMPACT:
BUDGET ACCOUNT:
302-4117-580-62.01
Deputy Director of Financial Services
Procurement Services
Department Name
EXPENDITURE:
$32,371.00
City Manager's Signature
City Attorney / Finance / Human Resources
SABULLETINW-'ORMSXAGENDA ITEM REQUEST FORM.DOC
C: Richard Fiege - Facilities Management Superviso~
File
RESOLUTION NO. R 03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF BID FOR THE "RE-ROOF OF THE
PISTOL RANGE", BID #039-2511-03/CJD, TO
MURTON ROOFING CORP., IN THE AMOUNT OF
$32,371.00; AUTHORIZING EXECUTION OF THE
CONTRACT, AND PROVIDING AN EFFECTIVE
DATE.
WI-IEREAS, on March 12, 2003, Procurement Services received and opened five
5) bids for the re-roof of the pistol range; and after review and evaluation, it was
letermiaed by staff that Mutton Roofing Corp., of West Palm Beach, Florida bid was
overall the lowest, most responsive, responsible bidder who meetm all specifications; and
WHEREAS, the City Commission, upon recommendation of staff, deems it to be
ia the best interests of the citizens and residents of the City. of Boynton Beach, to award
this bid (#039-2511-03/CJD) and enter into aa agreement between the City of Boynton
Beach and Mm'ton Roofing Corp., ia the amount of $32,371.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, TIIAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
true and correct and are hereby made a specific part of this Resolution upon adoption
Section_2: The City Commission of the City of Boynton Beach, Florida, upon
of staff, hereby approves the award of a bid for "Re-Roof of the Pistol
BID #039-2511-03/CJD, to Mu_non Roofing Corp., ia the amount of $32,371.00;
authorizing the City Manager to execute a contract, a copy of which is attached hereto.
;:\CA~:tESO~,greements~Bid Awards~BId Award - ReRoof of Pistol Range.doC
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS ~ day of May, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Clerk
;:\CA~RESO~Agreements\Bid Awards~Bid Awan:l - ReRoof of Pistol Range.doc
CONTRACT
THIS AGREEMENT, made and entered into this 6th day of May: A.D. ~003, and between the
CITY OF BOYNTON BEACH, a mumcipal corporation of Florida, hereinafter called the "City"
and MI IRTON ROOFING CORPORATION.
a Florida Corporation (X )
a Hot'ida General Partnership (.__)
a Honda Limited Partnership (.~)
a Sole Proprietor ( )
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
That under the due procedure of law, bids were heretofore received by the City Commission of said
City for the performance of work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, had determined that the bid in the total amount of Thirty_.
tWn tho. sand. three h.ndr~d and .~.venty one dnllavn and 001100 submitted by the
aforementioned CONTRACTOR was the best and rtmst desirable bid submitted, and has authoriz'L'd
the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1.0 AGREEMENT
1.!
The CITY does award the contract to and does hire and employ the
CONTRACTOR and the CONTRACTOR does accept the award, predicated upon
the bid of the CONTRACTOR, dated March 12: 2003: which is hereby
incorporated by reference into this agreement, and the CONTRACTOR does
agree to furnish the necessary labor, tools, equipment, materials and supplies, etc.,
and to perform all the work provided in the bid, contract documents, bond
documents, plans and specifications for:
Bid Title:
Bid Number:
RE-ROOF THE PISTOL RANGE
~39-2511-03/CJD
City of Boynton Beach, Florida, all of which are incorporated herein by reference
at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid
totaling ~
C-I
2.0 SCOPE OF SERVICES
2.1
CONTRACTOR further agrees to furnish all materials, supplies, machines,
equipment, tools, superintendents, labor, insurance, and other accessories and
services necessary to complete said project in accordance with the conditions and
prices as stated in the contract, General Conditions for Construction, and
Supplementary Conditions for Construction, plans which include all maps, plats,
blueprints, and other drawings and printed or written explanatory matter thereof as
contained in the bid, contract documents and specifications for the project.
2.2
All the work and labor performed under this contract shall be performed, and all
of the material furnished shall be, in strict conformity with said plans and
specifications, and CONTRACTOR accepts and consents to the conditions
contained in said plans and specifications and expressly agrees to comply with
every requirement and stipulation therein contained to be performed by the party
contracting to do said work.
2.3
The CONTRACTOR further agrees to furnish all tools, equipment, materials and
supplies and to do all the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformit3~ with the detail for said work on file in
the office of the City Engineer of~the City and strictly in accordance with ~e
specifications, general stipulations and plans which are hereby referred to and
made a part of this contract, as well as to the satisfaction of the City Commission
and City Engineer of the said City, and in strict obedience with the directions
which may be given by the City Manager or his authorized representative, at and
for the prices herein plainly set forth.
2.4
Upon receipt of written notification from the CITY, to correct any defective or
faulty work or materials which may appear within one (1) year after completion of
the contract and receipt of final payment. CONTRACTOR shall make the
necessary corrections within ten (10) days of receipt of the written notice.
2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable.
2.6
To pay promptly, before final settlement, any and all claims or liens incurred in
and about this work. Furnish release of liens forms from all subcontractors and
suppliers of materials. Forms-to be supplied by CITY.
2.7
The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys, parkways
and adjacent property that may have been used or worked on by the
CONTRACTOR in connection with the project promptly as such section or
portion is completed and ready for use, leaving the same in a neat and presentable
condition.
c-2
3.0
2.8
2.9
2.10
Payment of monthly or partial estimates may be withheld until this has been done
to the satisfaction of the City Engineer. Final acceptance and payment for the
entire project will not be made until the site is satisfactory to the CITY.
The CONTRACTOR shall at all times observe and comply with the provisions of
the charter, ordinances, codes and regulations of the City of Boynton Beach,
Florida.
Upon completion of the work, the City Engineer shall satisfy himself, by
examination and test, that the work has been fully completed in accordance with
the plans, specifications and contract documents. When the City Engineer is so
satisfied, he shall recommend acceptance thereof to the City Manager, who shall,
if he agrees with such recommendation, present the final payment application to
City Commission for review and vote to'formally accept the project. The right of
general supervision of the CITY as hereinafter provided under "authority of the
engineer' shall not make the CONTRACTOR an agent or employee of the CITY,
but the CONTRACTOR, shall at all times, and in all respects have the rights and
liabilities of an independent contractor.
2.11
After the cleaning up of the work, premises, streets, alleys, manholes, catch
basins, or other areas of structure fit-anyway connected with the performance-of
the contract, the work as a whole shall be inspected by the City Engineer, and any
workmanship or material found not meeting the requirements of the specifications
shall be removed by or at the expense of the CONTRACTOR and good and
satisfactory workmanship or material substituted therefor. All settlement, defects
or damage upon any pan of the work shall be remedied and made good by the
CONTRACTOR.
The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause.
COMMENCEMENT OF WORK
3.1
CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in the written "Notice to Proceed" of the CITY and to
fully complete the project within 60 calendar days following the commencement
date as specified in same.
C-3
4.0
5.0
3.2
Time is the essence of the contract. In the event the CONTRACTOR shall fail in
the performance of the work specified and required to be performed within the
time limit set forth in the contract, after due allowance for any extension or
extensions of time made in accordance with herein before set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and not as
penalty, in the amount stipulated therefore in the General Conditions for
Construction or in other documents for each and every calendar day that the
CONTRACTOR shall be in default of completion.
The CITY shall have the right to deduct said liquidated damages from any amount
due, or that may become due the CONTRACTOR, or to collect such liquidated
damages from the CONTRACTOR or his Surety.
3.3
CONTRACTOR shall, as soon as practicable after signature of contract, confirm
with City Engineer in writing, the names of subcontractors as originally proposed
for principal pans of work, and for such others as City Engineer may direct.
Contractor shall not employ and that City Engineer may, within a reasonable time,
object to as incompetent or as unfit.
LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay ~ per day as liquidated damages,
for failure to begin within ten (10) days of "Notice to Proceed" or failure to
complete the work within fill calendar days from the commencement date to be
indicated in the written "Notice to Proceed".
PROTECTION OF EXISTING FACILITIES
5.1
The CONTRACTOR warrants that prices include the protection and continuous
use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard
rails and other construction encountered, and the prompt repairing of any damage
done to them during the progress of the work, or from insufficient support
thereafter; also all the filling, backfilling, tamping, ramming, puddling and
consolidating; the removal and disposal of all rubbish and surplus material; also
all pumping bailing draining or unwatering of all excavations, incidental to the
execution of the work; also the furnishing of all necessary labor, tools, equipment,
materials and supplies, etc. and the performance of the whole work mentioned in
the detailed plans and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the suspension or
discontinuance of the said work specified and a faithful compliance with each and
every one of the requirements of the contract and for the maintenance of the entire
work and construction in good condition and repair until final acceptance.
C-4
6.0
5.2
The CONTRACTOR shall assume full responsibility and expense for the
protection of all public and private property, structures, water mains, sewers,
utilities, etc., both above and below ground, at or near the site or sites of the work
being performed under the contract, or which are in any manner affected by the
prosecution of the work or the transportation of men and materials in connection
therewith. The CONTRACTOR shall give reasonable written notice in advance to
the department of the CITY having charge of any property or utilities owned by
the CITY and to other owner or owners of public or private property or utilities
when they shall be affected by the work to be performed under the contract, and
shall make all necessary arrangements with such department, departments, owner
or owners for the removal and replacement or protection of such property or
utilities.
INDEMNIFICATION
6.1
6.2
6.3
6.4
The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and appellate attorney's
fees) of whatsoever kind or nature for damages to persons or property caused in
whole or in part by any act, omission, or default of the CITY, its agents, servants
or employees arising from this contract or its performance. The CONTRACTOR
and the CITY hereby agree and covenant that the CONTRACTOR has
incorporated in this original bid, which constitutes the contract sum payable by the
CITY to the CONTRACTOR, specific additional consideration sufficient to
support this obligation of indemnification provided for in this paragraph. It is the
CITY'S and CONTRACTOR'S full intention that this provision shall be
enforceable and said provision shall be in compliance with Florida Statute 725.06.
The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in Attachment "A" herein.
However, the indemnification provision, and the insurance provision contained in
this Contract are not interdependent of each other, each one is separate and
distinct from the other.
The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
c-5
7.0 PAYMENT BY-CITY
8.0
7.1
The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the
specifications.
CHANGES IN THE WORK
8.1
The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made in
writing at the time such change is ordered.
8.2
All change orders and adjustments shall be in writing and approved by the City
Manager or City Commission if required, otherwise, no claim for extras will be
allowed.
8.3
The General Contractor and all of his subcontractors shall be apprised of, and
familiar with, the following conditions and procedures governing extra work
under the Contract: ~- "
8.3.1
Any change order has to be recommended by the City Manager and
officially approved by the City Commission before any steps are taken to
implement the change order.
8.3.2
Should the CONTRACTOR or any of his subcontractors commence with
the work without making a claim in writing for unforeseen extra work he
encounters, it will be construed as an acceptance and agreement by him
that any such work is required under the contract and no future claim for
extras will be considered or allowed by the CITY.
8.3.3
No claim for extra work will be allowed unless and until authority for
same by written Change Order has been obtained from the City Manager
or the City Commission of Boynton Beach, if necessary, which
authorization will be signed by the Mayor.
8.3.4
Changes in the work directed in writing by the CITY'S Representative
under the following procedures shall become a part of the Contract by a
written Change Order.
8.3.5
Information regarding changes in the work involving claims to the CITY
for additional work, credits, and/or adjustments under the contract shall be
promptly transmitted in writing by the General CONTRACTOR to the
CITY'S Representative with full explanations and justifications for his
consideration in preparing a Change Order to the Contract.
C-6
8.4
The value of any change ordered under the Contract for extra work and/or any
reductions in work required, shall be determined under one or more of the
following procedures before a written Change Order is issued:
8.4.1
By such applicable unit prices, if any, as are set forth in the Contract
except in those cases where increases in quantities exceed fifteen (15)
percent of the original bid quantity and the total dollar change of that bid
item is significant in the opinion of the Engineer, the unit price shall be
subject to review to determine if a new unit price should be negotiated; or
8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices
mutually agreed upon by the CITY and the CONTRACTOR; or
8.4.3
By cost reimbursement, which is the actual cost for labor, direct
overhead, materials, supplies, equipment and other services necessary to
complete the work plus fifteen (15) percent to cover the cost of general
overhead and profit. For all labor and foreman in direct charge of the
authorized operations, the CONTRACTOR shall receive the current local
rate of wages to be agreed upon in writing before starting such work, for
each hour said labor and fot~eman are actually engaged thereon. An ut:~r
limit of total cost and of profit shall be agreed upon and shall not be
exceeded unless approved by the CITY.
8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data
to enable the Engineer to determine the necessity and
reasonableness of costs and amounts proposed and the allowability
and eligibility of costs proposed.
8.4.3.2 The CONTRACTOR shall have an accounting system which
accounts for such costs in accordance with generally accepted
accounting principles. This system shall provide for the
identification, accumulation and segregation of allowable and
unallowable Change Order costs.
8.4.3.3
8.4.3.4
Where it is indicated' that the Contract is Federally or State
assisted, the CONTRACTOR'S attention is directed to the
applicable rules and regulations relative to cost principles which
must be used for the determination and allowability of costs under
grant.
In no case shall fringe benefit costs on direct labor costs exceed
forty (40) percent of direct labor costs.
C-7
9.0
8.5
8.4.3.5
In no case shall the CONTRACTOR and Subcontractors' general
overhead and profit in the aggregate exceed fifteen (15) percent of
the total cost of direct labor, fringe benefits, direct overhead,
materials, supplies, equipment and directly related services
supplied by him. Among the items considered as general overhead
are bonds, insurance, incidental job burdens, supervision and
general office expenses.
8.4.3.6
In no case shall the CONTRACTOR'S cost for administering
subcontracts exceed five (5) percent of the subcontractors' cost not
including subcontractors' profit.
8.4.3.7
For special equipment and machinery such as power driven
pumps, concrete mixers, trucks, and tractors, or other equipment,
required for the economical performance of the authorized work,
the CONTRACTOR shall receive payment based on the agreed
rental price for each item of equipment and the actual time of its
use on the work provided that the rental price shall not exceed the
current rates published by the Equipment Guide Book Company in
the Blue Book, "Rental Rates for Construction Equipment". Rate
shall be daily, weekly-or monthly as appropriate.
8.4.3.8 Records of extra work done shall be reviewed at the end of each
day by the CONTRACTOR and the Engineer. Such daily records
shall clearly distinguish between the work done under the contract
and that done under the Change Order. Duplicate copies of the
accepted daily records shall be made, signed by the
CONTRACTOR and the Engineer and one copy retained by each.
Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless that same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
PROJECT ENGINEER
9.1
9.2
The project engineer shall be ~
The Engineer shall have general supervision and direction of the work. The
Engineer is the agent of the CITY only to the extent provided in the contract
documents and when in special instances he has the authority by CITY to act, and
in such instances he shall, upon request, show CONTRACTOR written authority.
He has authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract.
C-8
10.0
11.0
12.0
9.3
As thc Engineer is, in the first instance, thc interpreter of thc conditions of the
contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his power under the contract to enforce its
faithful performance by both.
INSURANCE
10.1
The CONTRACTOR shall maintain during the term of this contract commercial
liability, motor vehicle, and property damage insurance, acceptable to the CITY,
covering the work contracted and all operations connected herewith, and
whenever any of the work in the contract is to be sublet, CONTRACTOR'S
contingent or protective liability and property damage insurance. Such insurance
shall provide limits not less than those set forth on the insurance requirement
schedule attached as Attachment "A".
10.2
10.3
Required insurance shall be documented in a certificate of insurance which
provides that the CITY of Boynton Beach shall be notified at least fifteen (15)
days in advance of cancellation, nonrenewal or adverse change. Contractor agrees
to furnish policies if Certificate of Insurance is not acceptable.
The CONTRACTOR shall take all necessary precautions to prevent the
generation of loud, unnecessary noise in conjunction with his operations at the
work site. Internal combustion engines used with construction equipment shall be
equipped with mufflers, as required by the Code of the City of Boynton Beach,
and the CONTRACTOR shall comply with all requirements of this Code as they
pertain to prevention of noise. No pile driver, excavating or other construction
equipment, pneumatic hammer, derrick, the use of which is attend by loud or
unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M.,
except by written permission of the City Manager, and then only in case of
emergency.
GUARANTEE AND WARRANTIES
11. l All the work shall be guaranteed to remain in good condition for one year from
date of acceptance.
TERMINATION OF CONTRACT
12.1
If the work m be performed under the contract is assigned by the CONTRACTOR
other than provided for herein; if the CONTRACTOR should be adjudged as
bankrupt; if a general assignment of his assets be made for the benefit of his
creditors; if a receiver should be appointed for the CONTRACTOR or any of his
property; if at any time the Engineer shall certify in writing to the City Manager
that the performance of the work under the contract is being unnecessarily delayed
or that the CONTRACTOR is willfully violating any of the conditions,
C-9
13.0
14.0
provisions, or covenants of the contract, plans or specifications, or that he is
executing the same in bad faith or otherwise not in accordance with the terms of
the contract; if the work be not fully completed within the time named for its
completion or within the time to which such completion date may be extended; or
if other just causes exist, the City Manager may serve ten (10) days' written notice
upon the CONTRACTOR of the intent to terminate the contract for the CITY and
if the CONTRACTOR shall not, prior to the effective date of termination set forth
in such notice, take such measures as will, in the judgment of the City Manager,
ensure the satisfactory performance of the work, the City Commission and the
City Manager may declare the contract terminated on the effective date specified
in such notice, or any date subsequent thereto. In the event of such termination,
the City Manager shall notify the CONTRACTOR and Surety and the
CONTRACTOR shall immediately respect such notice and stop work and cease
to have any right to the possession of the ground and shall forfeit his contract.
Upon such termination, the City Manager shall provide the Surety with written
notice of the CITY'S action and the Surety shall within ten (10) days of receipt of
said notice remedy the default or the Surety shall as expeditiously as possible:
12.1.1 Complete the contract in accordance with its terms and conditions, or
12.1.2
Obtain a bid or bids for ctmapleting the contract in accordance with'its
terms and conditions, and upon determination by Surety and the crrY of
the lowest responsible bidder, make available as work progresses (even
though there should be a default or a succession of defaults under the
contract or contracts or completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages for
which the Surety may liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price", as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the contract and any amendments thereto, less the
amount properly paid by CITY to CONTRACTOR.
CONTRACT CONTROLS
13.1
The subject contract between the CITY and the CONTRACTOR shall supersede
any and all documents executed between the parties relative to the project. In the
event of any inconsistencies, the terms, provisions and conditions set forth in the
subject contract shall supersede all other documents and shall be controlling.
TIME OF ESSENCE
14.1
Inasmuch as the provisions hereof, and of the plans and specifications herein, and
of all the other contract documents relating to the times of performance and
completion of the work are for the purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined
C- 10
15.0
program, all such time limits are of the essence of the contract.
REMEDY FOR DELAY
15.1
In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of' any other party, or delay caused
by weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project. No monetary damages shall be claimed or awarded to CONTRACTOR in
association with any delay in the project caused by an act or omission of the
CITY, its agents or employees.
15.2
Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.3
All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction.
15.4
For the purpose of this section the~phrase "the CITY, its agents and employe~s" .~
shall include but shall not be limited to the architect, project manager and
consulting engineers.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Clerk
City Attorney
C-Il
Signed, sealed and witnessed
in the presence of:
MURTON ROOFING CORPORATION
President or the Vice President
Attest as to Contractor
State of Florida
County of Palm Beach
)
) SS:
On this ~ day of ,20
administer oaths
persons described herein and who executed
, personally appeared before me duly authorized to
to me known to be ~ g
the foregoing instrument and have acknowledged
before me and they have executed same.
Notary Public
My Commission Expires:
05/0ad01 k~r
C- 12
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DEPARTMENT OF PUBLIC WORKS
Memorandum No. 03-057
RECEIVED
APR 0 2 2003
pROC1JR:i,mNT ~F_~VICES
TO:
VIA:
FROM:
DATE:
SUBJECT:
Bill Atkins, Deputy Finance Director / Procurement
Jeffi'ey R. Livergood, Public Works Director ~/i/
Christine Roberts, Assistant Public Works Director (~,
Richard A. Fiege, Facilities Management Supervisor
March 31, 2003
Pistol Range Re-roof Bid Award
Bid #039-2511-03/CJD
I have reviewed the bids submitted and have found that Murton Roofing Corporation out
of West Palm Beach to be the most responsive, low bidder; therefore, I would
recommend awarding them the bid for their quoted price of $32,371.
Unfortunately, our budget estimate for this project was $23,500' in thc CIP Account #302-
4117-580-62.01/Project #CP0319 but due to the importance of this re-.roofing project I
will be requesting that the following projects be deferred or cancelled via this
memorandum and a budget transfer (copy to be attached).
Project Name/No. Account Number Budgeted Amt. to Notations
Amount Transfer
Pistol Range 302-4117-580-63.15 $6,500 $6,500 To defer until a later
Embank / date if it can't be
CP0322 handled with in-house
labor only.
Art Center - 302-4106-580-49.17 $3,000 $2,371 Painted with in-house
Paint Interior / labor only and stocked
CP0325 paint.
Should you need any additional information, please contact me at Ext. 6020.
PL/RAF/pl
Attachment
Copy: PW Files
rl'l
BID PROPOSAL
The Bidder agrees to accept as full payment for the:
RE-ROOF TIlE PISTOL RANGE
BID #039-2511-03/CJD
Work to be performed consists of, but is not necessarily limited to: Rlr~i~OOi~ PIRTOI,
RANC, F, as defined in these Contract documents based upon the undersigned's own estimate of
quantities and costs, the following total sum of:
KOPPER'S 4-PLY COAL TAR SYSTEM RE-ROOF:
OPTIC)N iii
INSTALL NEW METAL COPINGS TO THE PARAPET
WALLS:
WATERPROOFING THE PARAPET WALLS:
$ 27,810.00
$ 2,919.00
$. 1,642.00
TOTAL PROJECT SUM
$ 32,371.00
Thirty Two Thousand ~Three Hundred Seventy One
Dollars
and
No Cents
(amount written in words has precedence)
The undersigned bidder agrees to commence work within ten (10) calendar days after the date of
the "Notice to Proceed" and shall complete the work within fill calendar days after the
commencement date.
~ Attached is a computer generated horizontal bar chart showing proposed schedule of
work.
Qualified applicator certificate enclosed?
Yes
Yes/No
Five (5) references of Coal Tar Roof Installations enclosed
Yes
Yes~qo
THIS PAGE TO BE SUBMITI'ED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP- I
BID PROPOSAL CONTINUED ....
Copy of Contractor's License enclosed?
City of Boynton Beach Occupational License enclosed?
Warranty enclosed?
Yes
Y~No
Yes/No
Yes/No
The undersigned bidder hereby represents that he has carefully examined the drawings and the
Contract including all Contract documents and will execute the Contract and perform all its
items, covenants and conditions, all in exact compliance with the requirements of the
specifications.
The bidder, by and through the submission of his Bid, agrees that he has examined and that he
shall be held responsible for having theretofore examined himself as to the character of the route,
the location, surface and underground obstructions, the nature of the ground water table,
conditions and all other physical characteristics of the work, in order that he may thereby provide
for the satisfactory completion thereof, including the removal, relocation or replacement of any
objects or obstructions which will be encountered in doing the proposed work.
The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the
event bidder contests the award of this project to another bidder, that the bidder damages, if any,
am limited to actual Bid preparation costs and bidder hereby waives any claim it may have for
other damages coming from the City's failure to award the project bidder.
Date 03/12/03
Murton Roofing Corp
(Name of bidder, Corporation, Firm or Individual)
By
Sigtlature Karen Diedrick
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP - 2
BID PROPOSAL CONTINUED ....
Karen Diedrick
Printed Name
Regional Manager
Title
561-712-4533
Telephone Number
Florida Contractor's License Number
CCC-026463
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP - 3
BIDDER ACKNOWLEDGEMENT
Submit Bids To:
PROCUREME~ SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date (City):
February l0,2003
Bid Title:
RE-ROOF THE PISTOL RANGE
Bid Number:
~)39-2511-03/CJ-D
Bid Received By:. MARCH 12, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: MARCH 12, 2003, no later than 2:30 P.M. 0oeal time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the chatter and
codes of the City.
Name of Vendor: Mutton Roofing Corp
Federal I.D. Num~. 591583626
A Corporation of the State of.'
Florida
Area Code: 561
Telephone Number:
712-4533
712-9917
Area Code: 561
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
3110-F 45th Street
West Palm Beach, Florida 33407
3/12/03
Z Authorized Signature
n Diedrick
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
BA- 1
BID TITLE:
BIDDER:
ADDENDA
CITY OF BOYNTON BEACH
FLORIDA
RE-R(H'H;' THE PI~TI3I, RANGE
Murton Roofing ~orp
DATE SUBMITTED: 3/16/03
We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the
Contract Form, to furnish all material, equipment, machinery, tools, appaxatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prep~ by:
City of Boynton Beach
(Name of Project Manager/ArchitccedConsultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM DATE ADDENDUM DATE
N/A
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
A-!
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of Florida )
County of
Karen
Palm Beach )
Diedrick
1)
, being first duly sworn, deposes and says that:
He is REgional Manager of Murton Roofing Corp
(Title) (Name of Corporation or Firm)
the bidder that has submitted the attached bid:
2) He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4)
Further, the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or pa~ties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference with
any other bidder, finn or person to fix the price or prices in the attached bid or of any other
bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any
other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement
any advantage against the City cfi ne~vnt~n l~leaeh (Local Public Agency) or any person
interested in the proposed Contract; and
5)
The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in int~g this affiant
(Title). l~g~onal Manager
Subscribed and sworn to before me
This 12 day of March , 200~
My commission expires June 13,2006.
THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NCA- I
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
SS
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be
paid to any employees of the City of Boynton Beach as a commission, kickback, reward of giR,
directly or indirectly by me or any member of my firm or by an officer of the corporation
By: a.~ ~,-
/ / NAME- SIGNATURE
Sworn and subscribed before me
this 12 day of March , 20 03
Printed Information:
Karen Diedrick
NAME
NOTARY PUBLIC, State of Florida
at Large
Region~! Manager
TITLE
Mutton Roofin$ Corp
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Murton Roofing Corp
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
( ) AMERICAN INDIAN
( ) ASL~
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
Do you possess a Certification qualifying your business as a "Minority Owned Business"?.
YES NO
x
ffYES, name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL
MOB- 1
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-flee workplace programs. Whenever two or
more bids which axe equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
5 days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employ~'s community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authoriz~ to sign the statement, I certify that this firm cg~nplies fully with
"-- Vendor's Signature
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR'
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
DFW- 1
SAFETY PROGRAM COMPLIANCE
Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference
shall be given to contractors with an established safety program following O.S.H.A. guidelines,
and documented results establishing a safe working environment.
Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the
Contract (attach to the back of this form).
The City reserves the fight to conduct periodic safety inspections of the contractor,
subcontractor, employees, agents, etc. throughout the duration of the Contract.
The City reserves the right to terminate the Contract where it is determined that the contractor
or subcontractor is in non*compliance of the safety terms, regulations or requirements
established by O.S.H.A. or the State.
As the person authorized to sign the statement, I ceFflfy that this firm complies ~ with
the above Fequfremen~s.
AUTHORIZED SIGNATURE
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SPCo I
TRENCH SAFETY ACT
AFFIDAVIT
On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR. S. 1926.650, as Florida's own standards,
The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on all
persons employed by the Contractor and his subcontractors.
The proposer is also obligated to identify his anticipated method and cost of compliance with the
applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE
FLORIDA TRENCH SAFETY ACT (90--96 LAWS OF FLORIDA). THESE ITEMS ARE A
BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT
BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED wrrH BID ITEMS IN THE
SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE*
THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN
AND SUBMIT IT WITH THEIR BID DOCUMENTS.
Name of Proposer
Authorized Signature of Proposer
*COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS
UNDER THE FOLLOWING HEADINGS:
Description Unit .t- Qusntity
Unit Price Extended Price Method
TSA- I
STATEMENT OF BIDDER'S QUALIFICATIONS
Each Contractor bidding on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each bid document. Failure to comply with this
instruction may be regarded as justification for rejecting the Contractor's proposal.
* attach additional sheets giving the information
Name of Bidder:
Business Address:
Murton Roofing Corp
3110-F 45th Street
West Palm Beach, Florida 33407
1975
1975
When Organized:
How many years have you been engaged in the contracting business under the present
firm name? 28 years
General character of work performed by your company.
Roofing,waterproofing and sheetmetal
8.
9.
10.
200
Number of employees.
Background and experience of principal members of your personnel, including officers. *
Bonding capacity. 60 million
Have you ever defaulted on a con~act? If so, where and why?.*
NO
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
STATEMENT OF BIDDER'S QUAI,IFICATIONS continued ......
11. Experience in performance.
Proje~ $ Value
See Attached
Contact Name
Phone #
11.
12.
Conua~ts on han& * SEe Attached
Largest complemd projects (include final cost).
1) See Attached
2)
3)
14.
which: *
l)
2)
3)
List all lawsuits (design and/or construction related) to which you have been a party and
arose from construction projects: *
occurred within the last 4 years: *
pwvide case number and style: *
See Attached
See Attached
See Attached
Dated at:
3110-F 45th Street
figs 12 ,dayof March 2003
By:.
- (wrilt~n signature)
Name: Karen Diedrick
(printed or typed)
Title: Regional Manager
THIS PAGE MUST BE SUBI~ITrED ALONG 1,VITH PROPOSAL
BH) BOND
STATE OF FLOR~A )
COUNTY OF PALM BEACH )
KNOW Ar.T. MEN BY THESE PRESENTS, th~ Hutton Roofin~ Corooration
as Principal, and Safeco Insurance. Company of America , as Surety, authodze, d to do
bus.ess in the Sta~e of ~lodda are held and firmly bound un~o th~ Owner. City of R .~u~ P~h
in the panal sum of Five Per Cent of Total Bid
Dollars ($ 5I TAB ) lawfifl money of thc United States, for th~ payment of which sum will
and truly to be made,, we bond oursctvcs, our hci~ cxccutors, admini~ and successo~
jointly and severally, S,mly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that wheze~ thc Principal has
submitted the accompanying bid, dated I/arch 12 ,20,03 ,for:.
RE-ROOI~ THE PISTOL RANGE
If the principal shall not withdraw said Bid within ninety (90) clays afaer a~ of opting
of the same, and shall within rca (1 O) day~ afer th~ proscribed f,~, am presented to
him f~ Sigl~tol~ ~ h~to a writt~ Conlra~t with the Owner |n ~ce with thc
Bid as ~ and giv~ bonds with goods and sufficient ~ or sur~i~s, as may b~
requimt, for tl~ faithful peffotman~ and proper fuhSllmcat of such Coah~ct, then the
above obli~lions shsll be void and of no effe.~, otho~: Io remain in full forcz and
In tho gvent of the withdrawal of said Bid within th~ peziod specifi~ or the hilum to
cater into st~h Contract and give tach bonch wi~hi~ the time specified, ff the principal
sl~ll pay h~ Owner the diffe~nCc between the amount specified in said Bid and the
amoum for which the Owner may procurc thc rcquired work and supplies, if th~ lat~
amot~ be in ~xcess of the former then the above obligations shall be void and of no
BIB- I
IN WITNE~ WH~'REOF, the above bounded ~-tics ha~¢ cx¢cuted this insmamcnt
trader their several seals, this 4th d~y of Hatch, 2003 , bcin~ h~to a/~ed and
~hcs~ p~scn~s duly signed by its undersigned representative, pursuant to authority of is gov~'ning
body.
WITNESS: (If Sole Owna~hip or l~'tm:rship, two (2) Wimesses mquh-ed).
(~f Corporation, Secretary only will a~-st and ~ scal).
llurton Roofinpi Corporation
Name of Firm
WITNESS: . .. ~
REgional Manager
Title
3110-F 45th Street
West Palm Beach, Florida 33407
Ci~and Sm~
BIB. 2
SURETY:
Safeco Insurance Company of l~erica
Corp~ Sm,ay
5847 San Feltpe, Ste 320,
Busincss Addrcss
Houston, TX 77057
State
Donald J. Dalstrom
Nsme of Local ~ _a_~e~cv _
7765 Lake
;~%{~LffLake Worth, FL 33467-2536
Countersignature:
~onall. dJ .- Dalstrom
Bm- 3
CERTIFICATE AS TO CORPORATE PRINCIPAL
Mike Levine j c~ tha~ ! am fl~ Se~ of the Corpor~ion
~cipM in ~e ~ ~; ~ Karen Diedrick who si~
~f of ~e ~cip~ ~ ~ Re g i~nal Manager of ~d Co--on;
si~, ~d ~ si~,~ h~o is ~; ~ ~ ~d ~ ~ ~ ~ ~ ~d
~ f~ ~d ~ ~ of s~d ~o~on by ~~ of i~ ~i~ ~.
"
STATE OF ~ lEX, aS )
COUNTY OFI[~i~ n~nnTS )
Befor~ mc, a N~ ~c ~y m~i~ ~ ~ ~a~ ~y ~
~ Pierson W ~ w~l ~ ~o ~g ~ ~ ~ d~y ~om ~ o~ ~
~ he is ~ A~-~F~ ~r ~ Safeco In~r~ce C~y of ~~ ~ h~ ~
~ ~ safeeo. ~nC, ~ ~ ~ f~ing ~ ~ ~ of~
Co~ ~ ~n in ~r f~ ~ ~, ~ CiW of~ ~
BIB- 4
POWER
S A F E C O' OF A'I-I'ORNEY
SAFECO INSURANCE COMPANY OF AMERIC, A
GENERAL iNSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 12665
ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
******TIMOTHY F. KELLY; ALLEN M. GELWICK; THOMAS L. NYGREN; ANGELA P. HYLE; JOAN BAGNALL; R. F. BOBO; MARY PIERSON; Houston, Texas*******
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WFTNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this
CHRISTINE MEAD, SECRETARY
28th
day of August 2002
MIKE MCGAVlCK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SA.gECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretery. and any Assistant Vice President appoint, ed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under ~ appropriate titles wflh authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the cgx~pany in Ihe course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or cm any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking.'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of AJlide V, Section 13 of the By4.aws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Cerl~ng that said power-of-attomey appointment is in full force and effect,
the signature of the cerlJfying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Chdsfine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that
the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, am true
and correct, and that both the By-Laws, the Resolution and the Power of Attomay are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
th~ &th dayof lqarch 2003
CHRISTINE MEAD, SECRETARY
2/01 ® A b'ademark of
Corporation
08/28/2002 PDF
BIDDER'S SITE INSPECTION CONFIRMATION
BID TITLE: RE-ROOF THE PI~TfH, RANGE
BID NUMBER: #(~q9-2511-03/CJD
DATE:
Before me, the undersigne~d authorityt, authorized to take acknowledgements personally appeared:
~ ~.~ ,~ ~~'{~ as an authorized representative of:
//e~6t~' ~. ~c_~g,,~r L~..C'""?,D (hereinafter called the bidder)located at
bidder has visited the site of the work and has carefully examined the plans and specifications for
said project and checked them in detail before submitting his bid or proposal.
CITY EMPLOYEE SIGNATtS~
DATE OF INSPECTION
BSI- 1
INDUSTRIES INC.
Gloria J. Hrovat
Warranty Ccorclinator
KOPPERS_
Via Fax 561-712.9917
April 11, 2003
Mutton Rool'in~q Corp.
7600 N,W. 74~Ave,
Miami, FL 33166
Re:
City of Boy~t~ Beach
Pistol Range
Boynton Beach, Florida
To Whom it May Concern:
This is to inform you Murton Roofing Corp. is a participant in the Irappers Professional
Contractor's Program, and as suoh, is eligible to receive a Koppem Warranty on
Koppers BuiR-Up Roofing Applications. The issuance of any Warranty is subject to
Koppers on-the-job evaluation of the contractor's workmanship, compliance with
Kopp®rs applicable specifications, terms and conditions and good roofing practices.
Please call us at 800-~8-962.g if we ran be of any further assistance.
Sincerely,
Warranty Coordinator
GJHfolp
04/11/2003 FRZ iO:2l [JOB .~0. 6619] ~]00].
KOPP~R$ BUILT-UP ROOFING WARRANTY
KOPPUI~
INOU~TIR I.E.$
, urton
ROOI~INI~ CORI~.
~CC~
3110-F 4$th Street · West Palm Fickle, FI. 33407 * [561) 712-4533 - (561} 712-9917
Commercial Roofing
Specialists
April 1 t, 2003
City of Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
Boynmn Beach, Florida 33425
Arm: Carol Doppler
Re: Re-Roof of tl~ Pistol Range
Bid No. 039-25 t !-03/CID
De~r Ms. Dol~lcr.
As requ~l~d, enclosed pleas~ fred the following:
1. Statement of No Subcontracts.
2. Koppers Industries Sample Warranty.
3. Lettcr from Koppers Irtdustrics c~rtifying that Mutton Roofing Corp. is an
approved ~plicator.
If you should requir~ any additional information, ptease do not h~sitate to contact me.
Sincerely,
MURTON ROOFING CORP.
Miami Office: 7600 N.W. 74th Avenue · Miami, FI. 33166 · (305) 592-53~5 · Fax (305) 592-6721
, url:on
ROOFING CORla,
31 !,3-F 45th .gr, e~t. West Palm BeaclL FL 3340?, (561) 712-~$3} · ($61'~ ?t2.9917
Commercial Rtrofing
Specialists
April ll,2003
City of Boynton Beach
Procurement Services
t O0 E. Boyntoa Beach Boulcvard
Boynton Be,~tL Florid~ 33425
Arm: Carol Doppler
Re-Roof of th~ Pistol Range
Bid No. 039-2511-03/CID
STATE, MRNT OF NO SUBCONTRACTORS
This shall confum thai Mm'ton Roofing Corp. will ~rform rite re-rootln$ of the abovc
referenced project with it's own workfome. No portion of. the roofing work will b~
su~ontracled.
If you should require any additional information, please do not hesitate to contact me.
Sincerely,
,~amn Diedrick
P,~gional Mam$~
State of Flork~
County of Palm Beach
Sworn and mbscailmd before me this 11u' . day of ~.mil ,2003 by Karen
Dic~lrick . who is personally known to me to be the Reaioml Msna~¢r of Mutton
~ located at ~ 110-F 45~ Street, We~. Palm B__,rach, Florida 93407.
N0ta~'
Miami Otticc: 7600 N.W. 74th Avenue · Miami, FL 33166 · (305) 592-5385 · Fax (305) 592-6721
AIA Document A305
Contractor's Qualification Statement
10811 EDITION
This form is approved and recommended by the American Institute of Architects (AIA) and
The Associated General Contractors o[ America (AGC) for use in evaluating the
quali~cations of contractors. No endorsement of the submitting party or verification of
the information o[ the information is made by the ALi or AGC.
The Undemigned certifies under oath that the information provided herein ia tree and sufficiently complete
so as not to b~ misleading.
SUBMI~ED TO:
A~RESS:
SUBMI~ED BY:
MURTON R~FI~ ~~ON
JmES C. ~RTON
A~RESS: 7~ ~ 74 A~NUE
M~I ~ 331~
Corpora~ X
Partnersh~ -
Indi, ual -
Joint Venture
O~a' -
PRI~iPAL O~ICE: ~E
~E OF ~OJECT ~ a~~):
~PE OF WO~ (~ se~ate form for ea~ C~ss~t~ ~ W~):
GenerM ~s~ ~AC
P~
~r R~FI~
E~fical
ease
DOCUMENT A305 · CONTRACTORS QUALIFICATION STATEMENT · t~ EDITION · AiA ® - ~1986
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENI.r~ N.W., WASHINGTON,D.C.20006 A305-1986 t
MURTON RCX3FING CORI:C~RATION
ORGANIZATION
1.1 How many ye, ars has your organization been in business as a C,~~
27 YEARS
1.2
How many yea~s has your organization been in busi~ under its present business name?
27 YEARS
121
Under what other or former names has your organization opamted? '
TECTA AMERICA--PARENT COMPANY
1.3
1.4
1:5
1.6
1.3.1 Date of incorpom~ APRIL, 1975
1.3.2 State of incoq3ora~: FLORIDA
1.3.3 Preside~'s name: JAMES C. MURTON
1.3.4 Vice-presider~s name(s): MtCHAEL I. LEVINE
ff your organizatio~ is a partnemhip, ar~'wer the f~:
1.4.1 Date of organization:
1.4.2 Type of palb'lei'si'~ (ff al:~31icable):
1.4.3 Name(s) of general paine,s):
1.5.1 Date of organization:
1.5.2 Name of ~
CERTIFIED ROOFING CONTRACTOR- CC C026483- FLORIDA
CERTIFIED GENERAL CONTRACTOR - CC C016607 - FLORIDA
EXPERIENCE
3.1 List categodes of work that your organizatic~ normally pedorms with its own fome$.
COMMERCIAL AND INDUSTRIAL ROOFING, SHEET METAL & WATERPROOFING
3.2
3.3
3.4
3.5
3.6
Claims and Suits. (If the answer to any of the questions below is yes, please attach details.)
3.2.1 Has you orgar~zalion ever failed to c. xxnplete any work awarded to it? NO
3.2.2
3.2.3
Ne there any judgments, claims, arbitration proceedings or suite per~ling or
outstanca~ agairm your orgar~atk)n or its ofrx:ers? NO
3.4.1
State total worth of wod( in progre~__t_ and under
$8,762,554.00
3.5.1 State average armuai amount of ~ work perfamed during the past
five years: $10,830,000.00
On a separate st-=~ list the ~ experience and present ccmnmibnents of l~e key
irtdivick_m!_.s of your (xganizaliorc PLEASE SEE A'I'rACHMENT 3.6.
AIA DOCUMEN~ A305 · CONTRACTOR'S ~I.IALIFICAT1ON STATEMENT · t986 EDITION
THE AMERICAN INSTITUTE OF ARCHITECTS, t735 NEW YORK AVENUE, N.W., WASHINGTON,D.C.20006 A-~05-lS$& 3
4. REFERENCES
4.1 Trade References:
BRADCO SUPPLY CORPORATION
5420 NORTH 59 STREET
TAMPA FL 33610
(800)477-0501
CONTACT: CHRIS HOWARD
LOCKTON INSURANCE AGENCY OF HOUSTON
5847 SAN FELIPE, SUITE 320
(713) 458-5228
CONTACT: PAM LIPSEY
ABC SUPPLY, INC.
7575 NW 7 AVENUE
MIAMI FL 33150
(305)751-8576
CONTACT: IRIS KINGSLEY
4.2 Bank References:
COLONtA/. BANK
1201 BRICKELL AVE
MIAMI FL 33131
CONTACT: RAUL VALDES FAUUI
(305)358-3137
4.3
4.3.1
4.3.2
SAFECO INSURANCE CO OF AMERICA
LOCK'[ON COMPANIES
5847 SAN FELIPE, SUITE 320
I-K)USTON, TX 77057
(713) 458-5243
CONTACT: MARY PIERSON
FIHANCIHG
5.1 F~3ndai StatemenL
5.1.1
Attach a financial statemer~ preferably audited, induding yo~x orgaaizat~3ns
Cunent Assets (e.g. cash, ~ venture accounts, accounts receivable, notes
recehrable, accrued income, deposits, mateAals irwent(xy and prepaid expert, s:
Other Assets:
Cu~Tent Liabilities (e.g., accxxx~ payable, note payable, accrued expenses, pro, sion
for income taxes, advances ~ salaries and accrued payroll taxes);
~ Liabilities (e.g., capital, capital stock, authoAzed and outstanding shales par
values, earned suq31us and retained earnings).
Alit DOCUMI~.I~Fi' A30,~ · COt4Ti~ACTOR'S ~UALIFICATION STATEM1Et'ft' ' t98~ EDitION · ALk ~ - Ot98~
TIlE AMERICAN IHSTITtYTE OF ARCHI'I'ECTS, t'/35 tq~""W YORK AV~'tqI. YK, N.W., WASHING~"ON,D.C.20006 A305-'
5.1.2.
5.1.3
Name and address of firm preparing attached tinancial ~tatement, and date thereof:.
ARTHUR ANOERSEN, LLP, DENVER CO.
is the attached financial statement for the idenlical organization named on page ooe?
YES
5.2
5.1.4 If not, explain the relatiooship and flnandai respoo.sibility of the organizalion whose
finandal statement is provided (e.g., pa'ent-subsidiary).
Will the organization whose financial statement is attached act as guarantor of the coolract for
coostmcti~? YES
SIGNATURE
6.1
Dated at MIAMI, FLORIDA this DAY OF ,2002.
Name of Organization: MURTON ROOFING CORPORATION
JAMES C. MURTON
PRESIDENT
6.2
MR. JAMES C. MURTON, PRESIDENT being duly sworn deposes and says that the informalio~
pro~led herein is tree and sufficie~'y complete so as noito be ~
Subsc~ ami sworn before me Il'is
!~ Cemmi~ Expires:
2002.
AIA DOCUMENT A36t - CONTRACTOR'S QUALIFICATION STATEMENT - t~86 EDITION
THE AMERICAN II~ISTITUTE OF ARCHITECTS, tl~5 NEW YORK AVEI'/IIE, N.W., WASHINGTON,D.C.200(~ Alos-t~6 s
/ url:on
ROOFING CORP.
CCC026463
'I0-F 45th Street · West Palm Beach. FL 33407 · (561) 712-4533 · (561) 712-9917
Commercial Roofing
Specialists'
April 11, 2003
City of Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
RECEIVED
Attn: Carol Doppler
Re:
Re-Roof of thc Pistol Range
Bid No. 039-2511-03/CID
Dear Ms. Doppler:
As requested, enclosed please find the following:
1. Statement of No Subcontractors.
2. Koppers Industries Sample Warranty.
3. Letter from Koppcrs Industries certifying that Mutton Roofing Corp. is an
approved applicator.
If you should require any additional information, please do not hesitate to contact me.
Sincerely,
MURTON ROOFING CORP.
/ Regional Manager
Enclosures
Miami Office: 7600 N.W. 74th Avenue · Miami, FL 33166 · (305) 592-5385 · Fax (305) 592-6721
url:on
ROOFING CORP.
CCC026463
I I0-F 45th Street · West Palm Beach. FL 33407 · (561) 712-4533 · (561) 712-9917
Commercial Roofing
Specialists
April 11, 2003
City of Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attn: Carol Doppler
Re-Roof of the Pistol Range
Bid No. 039-2511-03/CID
STATEMENT OF NO SUBCONTRACTORS
This shall confirm that Mutton Roofing Corp. will perform the re-roofing of the above
referenced project with it's own workforce. No portion of the roofing work will be
subcontracted.
If you should require any additional information, please do not hesitate to contact me.
Sincerely,
,~ are. n D.'~ ,drick
Regional Manager
State of Florida
County of Palm Beach
Swom and subscribed before me this 11th day of April ,2003 by
Diedrick , who is personally known to me to be the Regional Manager of
Roofing Corp. , located at 3110-F 45t~ Street, West Palm Beach, Florida
Notary Publ:
maren
Murton
33407.
Miami Office: 7600 N.W. 74th Avenue · Miami, FL 33166 · (305) 592-5385 · Fax (305) 592-6721
KOPPER$ BUILT-UP ROOFING WARRANTY
KOPPERS
INDUSTRI ES
Pit.burgh, Pef~nsyNania
EffiK~ve Dam
Gloria J. Hrovat
Warranty Coordinator
(412) 227-2257
KOPPERS _
Kopl;m~l Inf..
¢omme~clal Roofing
436 Seventh Avenue
Pi~burgh, PA 15219-1 BOO
Tel 800 ~8 9629
F~x 412 227 2002
~,k~s.com
Via Fax 561-712-9917
April 11,2003
Mutton Roofin,~ CorP.
7600 N.W. 74"' Ave.
Miami, FL 33166
Re:
City of Boynton Beach
Pistol Range
Boynton Beach, Florida
To Whom it May Concern:
This is to inform you Murton Roofing Corp. is a participant in the Koppers Professional
Contractor's Program, and as such, is eligible to receive a Koppers Warranty on
Koppers Built-Up Roofing Applications. The issuance of any Warranty is subject to
Koppers on-the-job evaluation of the contractor's workmanship, compliance with
Koppers applicable specifications, terms and conditions and good roofing practices.
Please call us at 800-468-9629 if we can be of any further assistance.
Sincerely,
Warranty Coordinator
GJH/blp
04/11/2003 FRI 10:21 [JOB NO. 6619] ~001
BID NAME: RE-ROOF THE PISTOL RANGE LOCATED AT 3501 N.
CONGRESS AVENUE
BID NUMBER: 039-2511-03/CJD
COMMISSION AGENDA: MAY 6, 2003
BROADCAST LIST:
1,442 VENDORS - DEMANDSTAR
14 VENDORS - PROCUREMENT DATABASE
BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE
BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR
COMPLETING A CITY VENDOR APPLICATION.
PLANHOLDERS: 24 VENDORS
PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF TI-IE BID
DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR
RECEIVED FROM PROCUREMENT SERVICES.
BIDS: 5 VENDORS
BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY
SUBMITTED BID PROPOSALS.
ATTACHMENTS:
PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDOR3 THAT
OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL
INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY.
BROADCAST LIST FROM PROCUREMENT SERVICES DATABASE.
Planholders List - DemandStar by Onvia Page I of 2
Planholders List
Member Name
Bid Number
Bid Name
Number of Documents for this
bid
City of Boynton Beach
NTC-039-2511-03/C3D-0-2003/CD
RE-ROOF THE PISTOL RANGE LOCATED AT: 3501
NORTH CONGRESS AVENUE, BOYNTON BEACH, FLORIDA
33436
(Not Including Plans)
24 Planholder(s) found.
supplier Name
Constructionjournal.com
Omega Contracting Inc
WEIDENER SURVEYING AND
HAPPING PA
Hutton Roofing
Advanced Roofing, Inc.
National Roofing/south Florida, Inc.
A-Herrmann Associates Inc Dba
Associates Roofing
M & L Roofing
ALPHA SOUTH CONSTRUCT[ON
Amnat of Flordia LLC.
ROOF SERVICES INC. dba BEST
ROOFING
Gulfside Supply, Inc.
Weiss & Woolrich Southern
Enterprises, Inc.
Southern Coast Enterprises [nc.
Freedom Flag & Banner Co.
Phone Fax
(800) 785- (800) 581-
5165 7204
(954) 941- (954) 946-
9900 8693
(407) 426-
8339
(305) 592-
5385
(954) 522-
6868
(954) 523-
2268
(954) 921-
4096
(561) 736-
7211
(954) 914-
1327
(800) 864;
1009
(954) 941-
9111
(813) 636-
9808
(954) 419-
9339
954-426-
3312
305-981-
9996
(407) 426-
8349
(305) 592-
6721
(954) 566-
2967
(954) 523-
6936
(954) 921-
1371
(561) 736-
1977
(954) 561-
0799
(727) 538-
9142
(954) 941-
7447
(813) 636-
9220
(954) 419-
9336
954-426-
5430
305-981-
9929
Doc
Attributes Actions
Count
Documents
1. Small Business
2. Woman
Owned
1. Hispanic
Owned
2. Small Business
3. Woman
Owned
1. African
American Owned
2. Small Business
1. Small Business
1. Woman
Owned
1. Small Business
2. Woman
Owned
Documents
Documents
Documents
Documents
Documents
Documents
_Do~_cu_m_ e_o_t$
Documents
Documents
Documents
Documents
Documents
Documents
Documents
http://www~demandstar~c~m~uyer~ids/P~anh~der-List~asp?F=search&-PU=%2Fbuyer%~ 4/11/2003
Planholders List - DemandStar by Onvia Page 2 of 2
Tic Toc
B.K. Embick Roofing Inc
Construction Bulletin /
www.cbids.com
Three D Promotions, Inc.
CDC
Weather Guard Industries, Inc.
CGR Construction
Hi - Tech Roofing, Inc.
Master Contractors
214-259-
3100
9549429614
904-388-
0336
407-831-
2463
772-567-
4141
954-563-
6200
(954) 680-
7878
(561) 586-
3110
(561) 712-
8898
214-259-
3050
9547821776
904-388-
0109
407-831-
0387
772-562-
9146
954-563-
6277
(954) 680-
6166
(561) 586-
5198
(561) 720-
8895
1
1
1
1
1
1
1. Small Business
1. Small Business
2. Woman
Owned
Documents
Documents
D__o_~u___n3 _e_~ ~_s
Documents
Docu men~;.s_
Docu m_enl;_s
Documents
~ t as 9F search& PU %2Fbuyer% 4/! 1/2003
http://ww w.demandstar.com/buyer/bids/Planh°lder-L' s ' p' = - = '"
NAME OF BID:
ADVANCED RooFING, INC.
4345 N.E. 12'm TERRACE
FT. LAUDERDALE, FL 33334 ~
COATINGS APPLICATION & WATERPROOFING
5125 N. 2~v STREET
ST. LOUIS, MO 6314'7
M & L ROOFING
630 INDUSTRIAL AVENUE
BoYNTON BEACH, FL 33426
MASTER cONTRACTORS, INC.
7602 KINGSLEY coURT
LAKE WORTH, FL 33467
PREVENTIVE MAINTENANCE SUPPORT
SERVICES, INC.
162 N.W. 24m STREET, #16
~OCA RATON, FL 33431
SECURITY ROOFING sYSTEMS, INC.
4361 pETERS ROAD
PLANTATION, FL 33317
%ouTHERN COAST ENTERPRISES, INC.
D73 N.W. Is'r STREET -34~1
EERFIELD BEACH, FL 33a'~ t
,,RE. ROOF THE PISTOL RANGE, LOCATED AT 3501 N. cONGRESS AVENUE",
BID #: 039.2511-03/CJD
BROADCAST LIST - 14 VENDORS (PROCUREMENT DATABASE)
'-'---- ALL BROWARD HURRICANE
450 W. MCNAB ROAD
HI-TECH ROOFING & SHEETMETAL, INC.
514 EASTCOAST STREET
MARSHALL CONSTRUCTION
7326 SEABREEZE DRIVE
PACE ROOFING, INC.
4447 BROADWAY STREET
INC.
3380 N. OLD DIXIE HIGHWAY
DELRAY BEACH, FL 33483
SELECT coNTRACTING, INC.
1751 w. ~o~ STREET
TRAINS COASTAL CONSTRUCTION
1425 WILKINS AVENUE
V.-CONSENT AGENDA
CITY OF BOYNTON BEACI ITEM B.3.
AGENDA ITEM REQUEST
Requested City Commission
Meeting Dates
[] April 1, 2003
[] April 15, 2003
[] May 6, 2003
[] May20,2003
NATURE OF
AGENDA ITEM
Date Final Form Must be Turned
in to CiW Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to CiW Clerk's Office
March 17, 2003CNoon.) [] June 2, 2003
March 31,2003(Noon) [] June 17,2003
Apfill4,2003(Noon) [] July 1,2003
May 5,2003(Noon) [] July 15,2003
May 19, 2003(Noon)
June 2, 2003(Noon)
June 16, 2003(Noon)
June 30,2003(Noon)
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: A motion to award the "DESIGN AND CONSTRUCTION ADMINISTRATION S~i~VI~.
FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON BEACH'-,:
RFP# 019-2413-03/KR to: SYSTECH GROUP, INC. of Reston, Va. in the amount of: $14,400.00 per year. Total cost
over a five (5) year period is: $72,000.00.
EXPLANATION: On January 28, 2003, Procurement Services opened six (6) proposals for the Design and
Construction Administration Services for Fire Alarm System Upgrades and Replacements for the City of Boynton
Beach. The proposals have been reviewed and it was determined that Systech Group, Inc. was the lowest, most
responsive, responsible proposer who met all requirements. Jeffrey Livergood, Public Works Director concurs with
this recommendation (see memo #03-059).
PROGRAM IMPACT: The purpose of this RFP was to seek an engineer to provide design services for a program to
upgrade or replace the fire alarm system in twenty (20) existing city buildings over a five (5) year period. All systems
will be upgraded or replaced with a standard manufacturer and equipment level.
FISCAL IMPACT:
BUDGET ACCOUNT#
CIP 302-4101-580-62.01
Project #(CPO203)
Deputy Director of Financial Services
Procurement Services
Department Name
BUDGETED AMOUNT:
$140,000.00 (5 year period)
City Manager's Signature
City Attorney / Finance / Human Resources
SSBULLETIN~ORMS~a, GENDA ITEM REQUEST FORM.DOC
C: JeffLivergood- Director of Public Works
Richard Fiege - Facilities Management Supervisor
File
RESOLUTION NO. R 03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF AN RFP FOR THE "DESIGN AND
CONSTRUCTION ADMINISTRATION SERVICES FOR
FIRE ALARM SYSTEM UPGRADES AND
REPLACEMENTS FOR THE CITY OF BOYNTON
BEACH", RFP #019-2413-03/KR, TO SYSTECH
GROUP, INC., IN THE AMOUNT OF $72,000.00;
AUTHORIZING EXECUTION OF THE CONTRACT,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 28, 2003, Procurement Services received and opened
six (6) proposals for the Design and construction Administration Services for Fire alarm
System Upgrades and Replacements for the City of Boynton Beach, and alter review and
it was determined by staff that Systech Group, Inc., was overall the lowest,
responsive, responsible proposer who meets all specifications; and
WHEREAS, the City Commission, upon recommendation of staff, deems it to be
the best interests of the citizens and residents of the City of Boynton Beach, to award
RFP (#019-2413-03/KR) and enter into an agreement between the City of Boynton
leach and Systech Group, Inc., in the amount of $72,000.00.
NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing-"Whereas" clauses are hereby ratified and confirmed as
tree and correct and are hereby made a specific part of this Resolution upon adoption
Section 2.
of
The City Commission of the City of Boynton Beach, Florida, upon
staff, hereby approves the award of an RFP for "Design and
:\CA\RESO~greements\Bid Awards~qFP Award - Systech Group.doc
Construction Administration Services for Fire Alarm System Upgrades and Replacement
for the City of Boynton Beach", RFP #019-2413-03/KR, to Systech Group, Inc., in the
mount of $72,000.00; authorizing the City Manager to execute a contract, a copy of
which is attached hereto.
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS ~ day of May, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
;:\CA\RESO~Agreements\Bid Awards~,FP Award - Systech Group.doc
SAMPLE CONSULTANT AGREEMENT FORM
DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR
FIRE ALARM UPGRADES AND REPLACEMENTS
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and SYSTECH GROUP~ INC., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform DESIGN
AND CONSTRUCTION ADMINISTRATION SERVICES FOR FIRE ALARM
SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON
o
BEACH.
SCOPE OF SERVICES. Consultant agrees to perform the services, identified in the Request
for Proposal documents and specifications.
TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Contractor to proceed. Contractor shall perform all services
and provide all work product required pursuant to this agreement over a five-year period,
from the date written notice is given to procee,_d, unless an extension of such time is gr~ted~
in writing by the City.
PAYMENT. The Contractor shall be paid by the City for completed work and for services
rendered under this agreement as follows:
Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$72~000.00 without express written modification of the agreement signed by the City.
bo
The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
Co
Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
do
Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
eo
The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a pe.riod of three (3)
years after final payments. Copies shall be made available upon request.
CA-I
o
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the am'Ounl~
of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
INDEPENDENT CONSULTANT. The Consultant and the City agree that the Consultant is
an independent Consultant with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, girls, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warranty, the City shall have the right to annul this contract without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
CA-2
11. DISCRIMINATION PROHIBITED. THE CONSULTANT, WITH REGARD TO THE
WORK PERFORMED BY IT UNDER TH~S AGREEMENT, WII ~l. NOT DISCRIMINATE
ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, CREED,
AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR SENSORY HANDICAP IN
THE SEI.ECTION AND RETENTION OF EMPLOYEES OR PROCUREMENT OF
MATERIALS OR SUPPLIES.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. WAIVER BY THE CITY OF ANY PROVISION OF THIS AGREEMENT
OR ANY TIME LIMITATION PROVIDED FOR IN TI--I/S AGREEMENT SHAI.IJ NOT
CONSTITUTE A WAIVER OF ANY OTHER PROVISION.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under-the terms of this agreement, if requested ro
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Jeff Livergood
Notices to Consultant shall be sent to the following address:
SYSTECH GROUP, INC:
11260 Roger Bacon Drivel Suite 501
Reston~ VA 20190
CA-3
17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this ~ day of ,20__
CITY OF BOYNTON BEACH
SYSTECH GROUP, INC.
City Manager
Consultant
Attest/Authenticated:
Title
City Clerk
(Corporate Seal)
Approved as to Form:
Attest/Authenticated:
Office of the City Attorney
Secretary
Rev. 1/22/91
CA-4
TO:
VIA:
FROM:
DATE:
SUBJECT:
DEPARTMENT OF PUBLIC WORKS
Memorandum No. 03-059
Bill Atldns, Deputy Finance Director / Procurement
Jeffrey R. Livergood, Public Works Director,~/?l"
Christine Roberts, Assistant Public Works Director ~
Richard A. Fiege, Facilities Management Supervisor
April 9, 2003
Design and Construction Administration Services
for Fire Alarm System Upgrades and Replacements Bid Award
Bid #039-2511-03/CJD
RECEIVED
I have reviewed the bids submitted and have found that Systech Group, Inc. (11260
Roger Bacon Drive, Suite 501, Reston, VA 20190) to be the most responsive, low bidder;
therefore, I would recommend awarding them the bid for their total quoted price of
$72,000 over a five-year period.
Funding for this bid is in the CIP Account Number of 302-4101-580-62.01 / Project
#CP0203 over a 5-year period.
Should you need any additional information, please contact me at Ext. 6020.
PL/RAF/pl
Attachment
Copy: PW Files
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RFP NAME:
DESIGN & CONSTRUCTION SERVICES FOR FIRE ALARM
SYSTEM UPGRADES & REPLACEMENTS
RFP NUMBER: 019-2413-03/KR
COMMISSION AGENDA: MAY 6, 2003
BROADCAST LIST:
1,150 VENDORS - DEMANDSTAR
0 VENDORS - PROCUREMENT DATABASE
BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE
BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR
COMPLETING A CITY VENDOR APPLICATION.
PLANHOLDERS: 27 VENDORS
PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF TI-IE BID
DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR
RECEIVED FROM PROCUREMENT SERVICES.
BIDS: 6 VENDORS
BIDS REPRESENT THE ~ER OF PLANHOLDERS THAT ACTUALLY
SUBMITTED BID PROPOSALS.
ATTACHMENTS:
PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT
OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL
INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY.
NOTE:
THERE IS NO BROADCAST LIST FROM THE PROCUREMENT DATABASE
AVAILABLE FOR THIS BID.
II
Planholders List - DemandStar by Onvia Page 1 of 2
Planholders List
Member Name
Bid Number
Bid Name
Number of Documents for this
bid
City of Boynton Beach
RFP-019- 2413-03/KR-0-2003/kr
DESIGN AND CONSTRUCTION ADMINISTRATION
SERVICES FOR FIRE ALARM SYSTEM UPGRADES AND
REPLACEMENTS
3 (Not Including Plans)
32 Planholder(s) found.
Supplier Name
DemandStar Quality Assurance
Team
Hughes Associates, Inc.
Teco Bga
Smith Seckman Reid, Inc.
Aneco Communication 8, Data
Services
HANSON PROFESSIONAL
SERVICES INC.
G. M. Selby & Associates, Inc.
A-1 Fire Equipment
Sequil Corp
PB Power Inc.
Standrod Engineering, P.A.
DeRose & Slopey Consulting
Engineers, Inc.
Systech Group, Inc.
All State Communication
Services
Wayne Automatic Fire Sprinklers
Siemens Fire Safety
Phone
(800) 711-
1712
(407) 647-
3737
(813) 375-
3417
(954) 421-
1260
(727) 447-
2556
(407) 622-
2050
(305) 666-
5775
(800) 383-
0477
5614879965
212 613-
8886
5617465800
(954) 942-
7703
(703) 759-
9600
(954) 236-
4605
(407) 447-
2453
(954) 430-
Fax Doc A~ributes Actions
Count
(206) 373-
9610
(407) 647-
4929
(813) 375-
3437
(954) 421-
1466
(727) 446-
6409
(407) 622-
2051
(305) 666-
5514
(305) 573-
1569
5614877965
212 613-
8888
5617465517
(954) 942-
7933
(703) 759-
3813
(954) 964-
4533
(407) 839-
3880
(954) 430-
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
1. African American
Owned
2. Asian/Hawaiian
Owned
3. Hispanic Owned
4. Small Business
5. Woman Owned
1. Small Business
2. Woman Owned
Documents
Documents
Documents
Documents
Documents
Documents
Documents
Documents
Documents
Documents
O__o_c_u_~ e
Documents
Documents
Documents
Documents
Documents
http://www~demandstar~c~m/buyer/bids/P~anh~~der-List~asp?F=search&-PU=%2Fbuyer%~~~ 4/11/2003
Planholders List - DemandStar by Onvia Page 2 of 2
Garrison Electrical Consultants,
Inc.
CSA Group
Gage-Babcock & Associates, Inc.
Advanced Alarm Service, Inc.
TLC Engineering
McDonald Engineering Corp.
Constructionjou rnal.com
Gage-Babcock & Associates, Inc.
PIPER FIRE PROTECTION INC
Construction Bulletin /
www.cbids.com
Construction Engineering Group,
LLC
Advanced Engineering Systems
Guardian International, Inc.
Quality Communications Of
Florida Inc.
Avcon, Inc.
Nutech Fire and Security
7767
(772) 468-
5981
305-461-
5484
(678) 280-
6000
(561) 833-
7099
(954) 463-
8050
(561) 625-
6640
(800) 785-
5165
678-280-
6000
7275819339
904-388-
0336
321-253-
1221
813-621-
7131
954-926-
5200
(954) 584-
4111
(407) 599-
1122
(407) 629-
7200
7552
(772) 468-
5930
305-461-
5494
(678) 280-
6006
(561) 833-
1907
(954) 463-
1555
(561) 625-
6645
(800) 581-
7204
678-280-
6006
9413650936
904-388-
0109
321-253-
3123
813-621-
8894
954-926-
1809
(954) 584-
7940
(407) 599-
1133
(407) 628-
9959
3
3
3
3
3
3
2
2
2
2
2
2
2
2
2
2
1. Small Business
1. Woman Owned
Documents
Documents
Documents
_D_o_c_u~m e_n]:~
Documents
Documents
Documents
Documents
Documents
Documents
Documents
Documents
Documents
http://www.demandstar.~~m/buyer/bids/P~anh~~der-List.asp?F~search&-PU=%2Fbuyer%... 4/11/2003
Requested City Commission
Meeting Dates
[] April 1, 2003
[] April 1 S, 2003
[] May 6, 2003
[] May 20,2003
NATURE OF
AGENDA ITEM
V.-CONSENT AGENDA
ITEM B.4.
CITY OF BOYNTON BEA
AGENDA ITEM REQUEST
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) ..
2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) ~
May
5,
~ rrlo
[] Adminislxative [] Legal r~
:'5:,'
[] Announcement [] New Business ::~ ~"~-~
[] City Manager's Report [] Presentation O '~
[] Consent Agenda [] Public Hearing eon
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: A motion to rescind the award for "SENIOR CENTER EXERCISE ROOM" Bid #056-2413-
02/CJD to MASON CONSTRUCTION in the amount of $24,682.50.
EXPLANATION: On July 2, 2002, the City Commission awarded the bid for "SENIOR CENTER EXERCISE
ROOM" to Mason Construction in the amount of $24,682.50. A Forrest Lattner Foundation Grant in the amount of
$48,900 was the fund source for this project. On July 17, 2002, subsequent to the bid award, the City was notified
that it would be receiving additional funding from the Forrest Lattner Foundation in the amount of $50,000.00 for the
"EXPANSION OF THE SENIOR CENTER". Engineering Department immediately notified Mason Construction
that the "SENIOR CENTER EXERCISE ROOM" was to be placed on hold. Although both parties had signed the
contract, no "Notice To Proceed" was ever issued.
In addition, Mason Construction submitted insurance with the City identified as the additional insured...but it was
not adequate coverage. Engineering Department submitted a written "Request For Waiver" to the Risk Management
Department that asked for a reduction in insurance requirements due to the low dollar value of this job. Risk
Management denied the request on July 26, 2002 by stating the size of the project does not determine the insurance
requirements, but rather the risks involved determine the insurance requirements for the project. At this date the
required insurance to perform the work has not been received by Risk Management.
The plans for the "EXPANSION OF THE SENIOR CENTER" include a new computer lab for expanded classroom
opportunities, a hallway, and two (2) small offices for staff. This is in addition to the exercise room as originally
planned. Some provisions of the expanded plans for the Senior Center caused direct conflict with the plans for the
exercise room (i.e., such as a larger HVAC system covering expanded area). Therefore, Staff recommends it would be
in the City's best interest to rescind the bid awarded to Mason Construction and move forward with a comprehensive
bid for the expansion to the Senior Center based on the total $98,900 funding from the Forrest Lattner Foundation.
'A certified letter dated March 12, 2003 was sent to Mason Construction providing an explanation for the need to
rescind the bid award, and notified the contractor of an opportunity to bid for the expanded construction to the
Senior Center.
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: The purpose of this rescission will be in the best interest of the City. It will provide the
opportunity to solicit a bid for the expanded construction to the Senior Center, enabling the senior citizens to enjoy a
larger Senior Center that will include an exercise room, a new computer lab for expanded classroom opportunities, a
hallway, and two (2) small offices for staff.
FISCAL IMPACT: The Forrest Lattner Foundation has provided the City two (2) grants totaling $98,900 for
expansion of the Senior Center.
ALTERNATIVES: To stay with the existing proposal from Mason Construction for the exercise room, and bid out the
expanded plans for the computer lab, hallway, and two (2) small offices for staff. This would tend to increase costs
due to the smaller scale projects; cause conflict with the requirements of the HVAC system; and be more disruptive to
the Senior Center programs and patrons.
Deputy Director of Financial S/rvice~ ~/-
Procurement Services
Department Name
City Manager's Signature
- City ~fft~ / Finafice / Haman Resources
David Kelley- Engineering
Wally Majors - Recreation
File
S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R 03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RESCINDING
RESOLUTION NO. 02-100, THEREBY RESCINDING
THE AWARD OF BID (NO. 056-25413-01/CJD) TO
MASON CONSTRUCTION OF BOYNTON BEACH,
FLORIDA, IN THE AMOUNT OF $24,682.50 FOR THE
EXPANSION OF THE SENIOR CENTER; AND
PROVIDING AN EFFECTIVE DATE.
WItEREAS, on July 2, 2002, by Resolution No. 02-100, the City Commission
awarded the bid for "Senior Center Exercise Room" to Mason Construction in the amount
of $24,682.50, which amount was to be funded by a Forrest Latmer Foundation Grant;
and
WHEREAS, subsequent to the bid award, the City received notification that an
additional grant amount of $50,000 was available for further expansion of the Senior
Center, which information was relayed to Mason Construction. The project was put on
and no Notice to Proceed was issued; and
WHEREAS, the plans for the expansion of the senior center now include a new
~uter lab and additional office space as well as the exercise room originally planned,
5taft recommends that this Bid be rescinded and a new comprehensive bid for the
>ansion to the Senior Center, based on the total $98,900 funding from the Forrest
Foundation move forward.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
l:\CA\RESO~Agreements\Bid Awards\Rescinding Bid - Mason Construction.doc
Section 1.. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
rescinds Resolution No. R02-100, thereby rescinding the award of bid to Mason Construction
in the amount of $24,682.50 for the Senior Center.
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED THIS ~ day of May, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
City Clerk
5:\CA\RESO~greements\Bid Awards\Rescinding Bid - Mason Construction.doc
RECEIVED
F~B ! 1 2003
DEPARTMENT OF PUBLIC Wl~EME"* sEawcEs
ENGINEERING DIVISION -
MEMORANDUM NO. 03-022
TO:
FROM:
DATE:
RE:
Bill Atkins, Deputy Director Finance/Purchasing Agent
Bill DeBeck, Project Manager ~
February 7, 2003
Senior Center Exercise Room
Please cancel the original bid #056-2413-02/CJD and the award of the contract to Mason
Construction.
The Recreation Department received additional funding and wishes to do more work in the
expansion of interior work through a new bid.
The new contract will exceed an amount that could be considered as a change order to the
original contract amount.
WMD/ck
S:\Engineering\Csd\DeBeckLSenior Center ExpansionhMemo to B. Atlins 2-7-03 - re Cancel Orig. Bid.doc
RECREATION DEPARTMENT
MEMORANDUM NO. 03-13
TO:
FROM:
DATE:
SUBJECT:
Bill Atkins, Deputy Director of Financial Services
Wally Majors, Recreation & Parks Director
February 12, 2003
Senior Center Exercise Room
On June 15, 2001 the Fon'est C. Lattner Foundation awarded the City $48,900 to be used "for the
Exercise Room at the Senior Center". We requested the City's Engineering Department to
design, plan and construct the Exercise Room at the Senior Center. At the City Commission
meeting of July 2, 2002, the "Senior Center Exercise Room", Bid #056-2413-02/CJD was
awarded to Mason Construction, Inc. in the amount of $24,682.50.
In February 2002, we submitted a second proposal to the Lattner Foundation for general support
for the Senior Center, listing several areas of the facility needing renovations. On July 17, 2002
we received the award letter with $50,000 for "general support of the expansion of the Senior
Center". Our plans included the construction of a new Computer Lab for expanded classroom
opportunities, a hallway into phase II, and two small offices for staff.
We again engaged the Engineering Department to design, plan and construct the additional
features using the second award. Around this time it was determined that elements of these two
projects were interrelated. This included building a hallway that would provide access to rooms
being added as part of both projects, and modifications/additions to the heating/air conditioning
system. It was apparent that it would be more cost effective, and cause less disruption to Senior
Center programs and patrons if the two projects were combined
c. Wilfred Hawkins
/WlTI
The City of Boynton Beach
Procurement Services
100 E. Boynton Beach Boulemrd
P. O. Box $10
Boynton Beach, Florida $3425-0510
Telephone: (561) 742-6320
FAX: (561) 742-6506
Certified Mail #7099-3400-0002-2538-1779
March 12, 2003
MASON CONSTRUCTION
3804 JOHNATHAN'S WAY
BOYNTON BEACH, FL 33436
ATTN: KAREN MASON
RE: BID: "SENIOR CENTER EXERCISE ROOM", BID #056-2413-02/CJD
Dear Mrs. Mason:
On July 2, 2002, the City Commission awarded the bid for the Project known as
"SENIOR CENTER EXERCISE ROOM" to your company in the amount of $24,682.50.
This Project was being funded by a Forrest Lattner Foundation grant that the City had
received for the express purpose of creating an exercise room at our Senior Center.
Subsequent to this initial award Bill DeBeck, Project Manager, sent you correspondence
dated August 6, 2002, indicating that the Project was being placed on hold and that a
"Notice To Proceed" would not be imminent, as the City was notified on July 17, 2002,
that it would be receiving a second grant from the Forrest Lattner Foundation in the
amount of $50,000.00 for the "EXPANSION OF THE SENIOR CENTER".
Since the plans for the "EXPANSION OF THE SENIOR CENTER" substantially conflict
with the initial plans for the exercise room, City staff will recommend that the City
rescind the bid award to Mason Construction and place the new, expanded Project out
for bid. The revised plans were originally to be reviewed for consideration as a change
order, but it has been determined that the revised plans are too matedal of a change to
the initial scope of work, and therefore, a change order is not appropriate under the
procurement rules of the City. Therefore, the City Commission will consider rescinding
the bid for the "SENIOR CENTER EXERCISE ROOM" at its April 1, 2003, City
Commission meeting. Upon approval of the City Commission, we will move forward
with the new bid reflecting the revised and expanded scope of work.
Mason Construction
March 12, 2003
Page 2
The City appreciates your willingness to work with the City to assure that a final Project
is constructed, which is in the best interests of and will produce the most benefit for the
citizens of the City of Boynton Beach. We encourage you to participate in the upcoming
competitive bid process for the revised Project expected in Apdl 2003, and in future
Projects within the expertise of Mason Construction.
Should you have any questions, please do not hesitate to contact me.
Sincerely
Bill M. Atkins
Deputy Director of Financial Services
H~ David Kelley, Jr. - Director of Engineering
Wally Majors - Recreation Director
James Cherof - City Attomey
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on th.e front if space permits.
1. Article Addressed to:
Mason Construction
3804 Johnathan's Way
.Boynton Beach, FL 33436
Attn: Karen Mason
· Is deti{,ery address different from item 1~)' "J~]'Yes~,' ' i
If YES, enter delivery address below: [] No
3. Service Type ~ Certified Mail
[] Registered
[] Insured Mail
Express Mail
Return Receipt for Merchandise
C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
2. Article Number (Copy from service label)
7099 3400 0002 2538 [779
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M.1789
Requested City Commission
Meetina Dates
[] April 1,2003
[] April 15, 2003
[] May 6, 2003
[] May20,2003
V.-CONSENT AGEN DA
ITEl4 C.:t.
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
March 17, 2003 (Noon.)
March 31, 2003 {Noon)
April 14, 2003 (Noon)
May 5, 2003 (Noon)
Requested City Commission
Meeting Dates
[] June 2, 2003
[] June 17,2003
[] July 1,2003
[] July 15, 2003
Date Final Form Must be Turned
in to City Clerk's Office
May 19, 2003 (Noon)
June 2, 2003
June 16, 2003 (Noon)
June 30, 2003 (Noon}
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to approve and authorization to execute by Resolution, Task Order No. 14, Amendment
No. 1 in the amount of $246,579.00 to CH2M Hill, Inc. for the professional design, permitting,
bidding, construction phase and resident observation services for NE 17th Avenue Drainage
Improvements and Water Main Replacement Project.
EXPLANATION:
On June 18, 2002, the Commission approved Task Order No. 14 authorizing CH2M Hill, Inc. to
complete the design for Phase 1 of this project that consisted of surveying and geotechnical data
collection, runoff modeling, preparation of a preliminary design, and to conduct a preliminary
meeting with the South Florida Water Management District (SFWMD) to present the project and
discuss permitting requirements. In addition, CH2M Hill prepared a Preliminary Design
Memorandum outlining the design elements and the technical specifications / standards that form
the basis of the detailed design as well as an estimate of probable construction cost.
Task Order No. 14, Phase 1, is now 100% complete; completed in accordance with the approved
schedule and within the funding limit.
S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Originally, Phase 2, for the detailed design and permitting was going to be delivered as a
design/build project. However, CH2M Hill has established an excellent working relationship with
the City and is prepared to move the project forward as a traditional bid/build. This will allow
the City to maintain the momentum gained during Phase 1 and allow the City to fulfill its
commitment to this area's residents in a timely manner. The site area has been plagued by
stormwater and water main problems for many years and we felt it was imperative to design and
implement the solution quickly. Professional services covered in this task order include complete
design, permitting, bidding, and construction phase services throughout a projected 270 day
construction period (Notice To Proceed through Substantial Completion), Final Acceptance and
project closeout.
This project is necessary to effect stormwater improvements (exffitration systems and swale
development) in the basin area of NE 19th Avenue to the north, NE 2nd Lane to the east, NE 16th
Court to the south, and Seacrest Boulevard to the west. The proposed drainage improvements
will alleviate potential property damage and eliminate property owner complaints regarding
flooding during rain events. In addition, this project will include the replacement of existing
asbestos water mains with cement lined ductile iron pipe and provide code compliant fire
protection coverage in the site area.
PROGRAM IMPACT:
The proposed stormwater improvements will enhance drainage in the site area and reduce the
threat of property damage from rain events; the system has been designed to address the Level Of
Service (LOS) established by the City in our 1992 Stormwater Master Plan (with 1998 update).
The water system pipe replacement using cement lined ductile iron will provide longer system life,
higher flow rates and quality. The approximate quantities for the detailed design and
implementation of this project are:
8" Ductile Iron Pipe
Fire Hydrant Assemblies
Water Service Connections (one to each home)
Asphalt Overlay
HDPE Exf'dtration Pipe
FDOT Inlets
8,500 linear feet
25
375
24,000 sq. yds.
3,300 linear feet
55
FISCAL IMPACT:
Funds are available in the following accounts:
Stormwater Renewal & Replacement
Water Mains Renewal & Replacement
407-5000-590-96.07 STM018
407-5000-590-96.02 WTRll0
S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
Given the urgent nature of the re-current flooding and the water quality / flow complaints, there is
no alternative.
Assistant City Manager
Utilities
Department Name
Kurt Bressner
City Manager
City Attorney / Finance / Human
Resources
Dale Sugerman, Assistant City Manager
Paul Fleming, Sr. Project Manager
Mark Law, Deputy Utilities Director
Bob Kenyon, Deputy Utilities Director
Barb Conboy, Utilities Administration Manager
S:'~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF AMENDMENT NO 1 TO TASK ORDER
NO. 14 TO CH2M HILL, INC., IN THE AMOUNT OF
$246,579.00 FOR THE PROFESSIONAL DESIGN,
PERMITTING, BIDDING, CONSTRUCTION PHASE AND
RESIDENT OBSERVATION SERVICES FOR NE 17m
AVENUE DRAINAGE IMPROVEMENTS AND WATER
MAIN REPLACEMENT PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on June 18, 2002, the City Commission approved Task Order 14,
authorizing CH2M Hill Inc., to complete the design for Phase 1 of this project, that consisted
of surveying and geotechnical data collection, runoff modeling, preparation of a preliminary
design, and to conduct a preliminary meeting with the SFWMD to present the project and
discuss permitting requirements; and
WHEREAS, in addition, CH2M Hill prepared a Preliminary Design Memorandum
outlining the design elements and the technical specifications/standards that form the basis of
the detailed design as well as an estimate of probable construction cost; and
WHEREAS, Task Order No. 14 is now 100% complete in accordance with the
approved schedule and within the funding limit; and
WHEREAS, professional services covered in this amendment to Task Order No. 14
include complete design, permitting, bidding, and construction phase services throughout a
ected 270 day construction period, Final Acceptance and project closeout.
WHEREAS, the City Commission, upon staff's recommendation, has deemed it
and in the best interests of the public, to approve this amendment to Task Order
14 for CH2M Hill., for the professional design, permitting, bidding, construction phase
and resident observation services for NE 17th Avenue Drainage Improvements and Water
Main Replacement Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
$:\CA\RESO~Agre~,mmats~Task - Change Orders~CH2M Hill Task order - Amd to 14.doc
Section 1.. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the approval and execution of Amendment No. 1 to Task Order
14 for CH2M Hill, in the amount of $246,579.00 for professional design, permitting, bidding,
construction phase and resident observation services for NE 17th Avenue Drainage
Improvements and Water Main Replacement Project.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this~ day of May, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
S:\CA\RESO'~Agreeme~ts\Task - Change Ord~'s\CH2M Hill Tasl( order' - Am~ to 14.doc
Task Order No. 14- Amendment No. 1
Completion of Water and Stormwater Design
and Services During Construction
A. Background
CH2M HILL (CONSULTANT) has submitted the Preliminary Design of the N.E. 17th
Avenue Drainage Improvements and Water Main Replacement for the CITY of Boynton
Beach (CITY). Based on approval of the Preliminary Design, the CITY requested that
CONSULTANT provide design, permitting and services during construction (SDC)
assistance to the CITY in the execution of this project. The project is to be executed using the
traditional design, bid, and construct method.
This Amendment No. 1 to Task Order 14 addresses fees for professional services to provide
design, permitting, bid phase, SDC and resident observation services.
B. Scope of Services for Phase I ~_ ., =
Task 1 - Design
The CONSULTANT will provide professional engineering services to the CITY for the
replacement of the existing asbestos cement water mains and installation of new storm
water improvements within the project area. The work will include preparation of Drawings
and Specifications to be used for bidding and construction.
The specific scope of services to be provided by CONSULTANT in this Amendment No. 1
includes the following:
1. Call utility location company, such as "No-Cuts", and perform site investigation
activities including a "field survey" of the project area to verify water line, sanitary
sewer, and other utilities locations and alignments are consistent with that shown on
utility record drawing information. Verification is to be by visual observation of surface
features of utilities (i.e., manholes, valve boxes, cable boxes, fiberoptic markers, etc.).
2. Review available utility plans, atlases, and maps of the area for location of existing
utilities. Coordinate the proposed water main and storm water piping alignments with
existing utility alignments to avoid conflictive routings to the extent possible.
3. Swale improvements and sidewalk replacement will be depicted by use of typical
standard sections and details keyed to the plan drawings. Driveway aprons will remain
as is and will not be replaced unless impacted by construction activities. Swales will be
improved on both sides of the road to promote enhanced area drainage.
4. Topographic details such as fences, sidewalks, walls, curbs, vegetation, signs poles, etc.
will be noted to the extent that they may be materially affected by the construction of the
swale, water main, storm water improvements, and sidewalk improvements.
DI=B~)RAFT TASK OROER 14 NvlEND 1 04 02 03.DOC 1
TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER AND STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION
5. Existing underground utilities will be shown on the Drawings based on best available
information obtained from Utilities and as verified by the field survey information
discussed above. Utilities shown are only those located within the work area that will
materially affect construction of the improvements (i.e. water or sewer mains, telephone
conduits and cable, fiber optic or electrical lines). CITY utility locations will be verified
by CITY personnel and a utility locating service, such as "No Cuts".
6. Drawings will be provided to the CITY at the 60, 90, and 100 percent stages of design
completion. The 60 percent drawings will provided in half-size format and the 90 and
100 will provided in full-sized format. Drawings for permit review will be full size
format.
7. The Drawings will show locations of new and existing water lines, existing sanitary
sewers, and storm water inlets (if any). Streets, driveways, and sidewalks, will be
outlined on the Drawings. Plan drawings will be at a scale not smaller than 1-inch
equals 20 feet and will be double panel format.
8. Upon completion of the 60% drawings, CONSULTANT will supply the CITY four (4)
sets of review documents. The CONSULTANT will attend a 60% workshop with C1TY
personnel to receive and discuss review comments regarding the documents. The C1TY
will provide CONSULTANT with a marked set of the documents containing the CITY's
consolidated comments for use in preparation of the next stage design deliverable. For
the 60% deliverable, a table of contents listing of specifications will be provided. " ~
9. Upon completion of the 90% drawings, CONSULTANT will supply the CITY two (2)
sets of review documents. The CONSULTANT will attend a 90% workshop with CITY
personnel to receive and discuss review comments regarding the documents. The CITY
will provide CONSULTANT with a marked set of the documents containing the CITY's
consolidated comments for use in preparation of the next stage design deliverable. For
the 90% deliverable, draft specifications will be provided.
10. Upon completion of the permit drawings, CONSULTANT will supply the CITY three
sets of the final documents with appropriate copies of permit applications for signature.
The CONSULTANT will transmit permits to appropriate agencies on behalf of the CITY.
11. The storm water improvements and new water main will be located within the right-of-
way of neighborhood streets.
12. The location and elevation of CITY established horizontal and vertical control (if any)
will be listed on appropriate plan sheets.
13. CONSULTANT will attend two Community Involvement Meetings (CIM).
14. CITY standard developed details applicable to the work will be incorporated into the
Drawings. CONSULTANT will modify, as necessary, the CITY standard details.
15. Specifications and Contract Documents for bidding purposes are to be prepared by the
CONSULTANT for the water main and storm water improvements. These documents
are to reflect the following:
DFB~DRAFT TASK ORDER 14 AMEND 1 04 02 03.DOC 2
TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER AND STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION
· Contract Documents will use the CITY's existing "Front-End" conditions modified
by the CITY as appropriate for this project. Division 1 through 16 technical
specifications will utilize the CITY's master specifications modified by
CONSULTANT as appropriate for the project. All proposed modification to CITY's
specifications will be submitted to CITY for approval of modifications.
· Separate bid schedules will be provided for the water main and stormwater
improvements.
· The new water main will consist of 8-inch cement lined ductile iron pipe and fittings.
· The existing water mains will be abandoned in place or removed and disposed of.
Removal and disposal of asbestos cement lined piping to be consistent with worker
safety regulations, as specified in the doctunents.
· Installation of meter service connections will be induded in the Contractor's scope of
work on a unit price basis. Approximate locations of service connections will be
identified on the drawings to assist the Contractor in establishing an appropriate
unit price for bidding.
16. An opinion of probable construction cost based on the 90 and 100 percent drawings and
specifications will be prepared. The cost estimate format will be consistent with the bid
proposal for the project. The cost opinion~will be provided to the CITY at the time~the~
advertisement for bids is published.
17. The project drawings are expected to consist of the following sheets:
Estimated Sheet Count for
N.E. 17th Avenue Water Main and Stormwater Improvements
City of Boynton Beach
Sheet No. Drawing No. Description
1 G-0 Cover Sheet (Title & Vicinity Map)
2 G-1 General Notes, Legend, Abbreviations
3 G-2 Index Sheet
4-11 C-1 to C-8 Water Main and Swale Improvements -- Plan at 1' = 20'
(Double Panel Format)
12 D-1 Civil Standard Details (Restoration)
13 D-2 Water - Standard Details, Thrust Restraint Schedule
14 D-3 Water - Standard Details
15 D-4 Drainage - Standard Details
16 D-5 Drainage - Standard Details
Task 2 - Permitting
The CONSULTANT will assist the CITY in obtaining Palm Beach County Public Health
Depa~ia-~ent (PBCPHD) permits for the water main replacement by completio, g the permit
forms for CITY approval/signature and providing required drawings and specifications
necessary to obtain the permits. Permit application forms, including drawings and
OFB~DRAFT TASK OROER 14 AMEND 1 ~ 02 02.DOC 3
TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER ANO STORMWATER DESIGN ANO SERVICES DURING CONSTRUCTION
specifications, for permitting through the PBCPHD will be submitted to the CITY
concurrent with delivery of the 90% design documents. The FDEP "Long-Form" permit
application is required as the project is in excess of 5,000 lineal feet and the new water mains
are to be relocated (i.e., not in the same trench as the existing lines). Fees will be paid by the
CITY. The CONSULTANT will also assist the CITY in obtaining South Florida Water
Management District (SFWMD) permits for the construction of exfiltration trenches by
completing the permit forms for CITY approval/signature and providing required
drawings and background information. Permitting for the SFWMD will be performed
concurrently with issuance of the 90% design documents. According to a pre-application
meeting held with SFWMD, the completion of the "Standard General" Sections A, C, and E,
of the Environmental Resource Permit application will be required for this project. This
assumption will be used to budget the labor effort for this task. Permit fees will be paid by
the CITY.
Two copies of the final permitting packages (plus the number of agency required copies)
will be submitted with the 90% plans for submittal to the PBCPHD and SFWMD by the
CITY.
CONSULTANT will prepare two (2) response to each "request for additional information"
made by each regulatory agency following submittal of the permit applications. Additional
responses to agency requests for additional information will be considered an Additional
Services item. ~_ .. _~
Preparation of other permits for the above agendes (or for other regulatory agendes)
beyond that spedfied above will be considered an Additional Services item. Examples of
typical permits not included in this scope of work include wetland dredge and fill permits,
NPDES/FDEP Notice of Intent and SWPPP, FDOT utility accommodation permits,
Asbestos Handling/Disposal notification permits, Archeological/Historical preservation
permits, endangered spedes permits, tree removal permits, etc..
Task 3 - Bid Phase Services
Bid phase services to be performed by the CONSULTANT include:
1. Prepare Contract Document packages (i.e. drawings and specification) for CITY
advertisement and bidding purposes. Drawings to be half size (11 x 17 inch) format.
2. Distribute copies of the Contract Documents to the prospective bidders and maintain
records of the plan holders list and provide a copy of the list to the CITY.
3. Provide document mailirtg and pre-bid services, such as assistance with advertisement,
maintaining plan holder's list, answering questions from potential bidders, and issuing
Contract Docttment addenda to the plan holders.
4. Respond to questions from prospective bidders and suppliers and issue addenda as
appropriate. Issuance of up to three addenda is assumed in the budget for Bid Phase
Services.
5. Prepare agenda and conduct a pre-bid meeting with interested contractors and CITY
staff. Prepare and distribute meeting minutes.
DFB~DRAFT TASK ORDER 14 AMEND 1 04 02 03.DOC 4
TASK ORDER NO, 14 - AMENOMENT NO. 1 COMPLETION OF WATER AN0 STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION
Review bid packages received, prepare bid summary, and recommend award.
Assist the CITY in conforming and preparing Contract Documents for execution by the
CITY selected Contractor. Assist in the review of Contract Documents and bonds before
forwarding to the CITY for execution.
Task 4 - Services During Construction
The specific SDC phase services to be provided by the CONSULTANT include the following:
1. Prepare agenda and conduct pre-construction meeting with selected Contractor and
CITY staff. Prepare and issue written minutes of meeting.
2. Review Shop Drawing and Product submittals for general conformance with the design
intent and provisions of the Contract Documents. Review of up to 24 submittals is
included in the budget for SDC phase services.
3. Attend monthly construction progress meetings and provide a written stmunary of the
issues discussed. Project meetings will be held by the Project Engineer, with the Resident
Observer in attendance. Prepare and distribute meeting minutes. Meetings will be held
at the site office. Nine monthly progress meetings are included in the budget for this
task.
4. Review monthly payment applications submitted in a format acceptable to the CITY.
Assist the CITY to reconcile the ContraCtor payment requests, clarifications, cha~geg
orders and responses to requests for quotations. A nine month construction period is
assumed in budgeting these tasks.
5. Respond in writing to Contractor's Request For Information (R_VI) regarding the design
documents.
6. Review work progress at key steps to allow certifications to the SFWMD and PBCPHD
that work has been completed in substantial conformance with the Contract Doctunents.
Review to include verification that water services were properly pressure tested and
bacteriologically sampled to allow a "request for release of facilities to be placed into
service" to be filed with the PBCPHD. Assist the CITY in obtaining the appropriate
PBCPHD release for completed facilities.
7. In conjunction with CITY staff, make substantial completion and final inspections and
assist in the preparation of a Contractor "punch list". Review completion of identified
punch list items to assist in the determination that Final Acceptance has been reached by
the Contractor. Advise the CITY that Final Acceptance of the project has been reached in
accordance with the Contract Documents.
Task 5 - Resident Observation
The resident observation phase services to be provided by the CONSULTANT include the
following:
1. Provide an onsite construction observer. The resident observer will be onsite for a nine
month period. For budgeting purposes, the construction observer is assumed to be on
site for 40 hours each week for 32 weeks.
OFB~DRAFT TASK ORDER 14 NdEND 1 04 02 03.DOC 5
TASK ORDER NO. 14 - AMENOMENT NO. 1 COMPI.ETION OF WATER AND STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION
C. Assumptions
In addition to the work items discussed above, the following assumptions were made in
establishing the scope of this Amendment and associated fee. Changes and/or
modifications in the above work items or these assumptions are considered an Additional
Services Item under the terms of the contract. Assumptions include:
1. The scope and budget are based on a closed system with exfiltration basins and/or a
swale type system (i.e. no positive outfall).
2. The CITY will provide CH2M HILL an electronic version of "front end" contract
documents in MICROSOFT "WORD 2000" version format.
3. Surveying and legal work necessary to prepare document for and to secure easements
(temporary and permanent) required for installation of the piping and improvements is
the responsibility of the CITY.
4. Survey and acquisition of any easements (construction or permanent) for the new piping
and improvements will be the responsibility of the CITY.
5. The CONSULTANT will not be responsible for the preparation of RECORD drawings.
Signed and sealed RECORD drawings to be furnished by the C1TY for submittal to
PBCPHD.
6. CONSULTANT is not required to attend-any public meetings or hearings associated-~
with permits applied for the project.
7. Full time construction observation will be provided as an option to be selected by the
CITY. Construction observation hours are based on 32 weeks of actual construction
(Monday through Friday) at 8 hours per day, for a total of 1,280 man-hours.
8. The CITY is responsible for all permitting fees, including costs of public notification in
local newspapers.
9. The CITY will provide CONSULTANT an electronic version of CITY standard water
main and street detail.~ in AUTOCAD Version 12 format.
10. Permit applications covering the proposed construction work will be prepared and
submitted to SFWMD and PBCDOH.
11. The design does not include survey work for verification of horizontal and vertical
alignment of existing utilities within the project area. Utility location will be developed
based upon the best information available from the owning utilities and information
developed by the CITY. The design fee does not include survey work for establishing
horizontal and vertical alignment of new utilities either during design or during SDC.
12. The Contract Documents will be prepared as a single contract (i.e. the water main
replacement and storm water piping work will not be prepared as separate packages
within the same set of Contract Documents). No pre-purchase of materials and/or
equipment is presumed.
13. A single bidding effort is assumed. Re-bidding of the project is considered an
Additional Services item.
DFI~DRAFT TASK ORDER 14 AMEND 1 04 02 03.DOC 6
TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER AND STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION
14. Costs for SDC phase geotechnical testing to verify Contractor's compliance with
Contract Documents are not included in the design fee estimate.
15. The design is to be based on the Federal, State and Local codes and standards in effect at
the beginning of the project. Revisions required for compliance with any subsequent
changes to those regulations is considered an Additional Services item.
O. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated October 4, 2000 between the
City of Boynton Beach and CH2M HILL.
E. Additional Services
The following are examples of some specific Additional Services Items that may be required,
but are not included within this Amendment. Generally, a condition contrary to the work
description in Section B or assumptions of Section C (upon which the design fee is based) is
considered an Additional Services Item. Examples include:
1. Additional supervision or construction observation in excess of that specified in this
Amendment.
2. Additional permitting assistance in excess[of that identified in this Amendment. -, ~
3. Construction phase services are based on an estimated nine month construction period
from the time of the contractor mobiliz, ation to final inspection. If the period of
construction is extended, additional time and expenses may be necessary.
4. Assisting the CITY in the settlement of construction contract claims.
5. Replacement of small diameter water mains and stormwater improvements at other
locations than those identified in this Amendment and in Task Order 14. Additional
lump sum fees will be developed as requested by the CITY for future work to include
additional drawings, revised "front ends" and the preparation of additional bid
documents. Bid services and SDC will be extended as appropriate.
6. Field verification (horizontal or vertical) of existing utilities identified as being within
the immediate area of the proposed mains.
7. Additional regulatory agency responses beyond the second response to an agency
incompleteness and/or additional information request.
8. Development of property descriptions of easements, road right-of-ways, etc.
Preparation of right-of-way or easement boundary surveys.
9. Threatened or endangered species and species of special concern permitting or
relocation work.
10. Archeological/Historical preservation permits, studies, or reports.
11. Surveying, flagging, or other work necessary to secure tree removal permits from the
City, County, or other jurisdictions.
DFB~DRA.C'T TASK ORDER 14 AMENO 1 04 02 03.DOC 7
TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER AND STOI:~dWATER DESIGN AND SERVICES DURING CONST~UCTION
12. Design modifications to the Contract Documents (i.e., change orders) required during
construction.
These and other services can be provided, if desired by the CITY, under separate Task
Order(s) or by an amendment to this Task Order. Services performed will be on an as-
directed basis in accordance with a written Notice to Proceed from the CITY.
F. Obligations of the CITY
1. The CITY shall provide the CONSULTANT in a timely manner, record data and
information related to the sewer system, water distribution system and streets within the
project as necessary for the performance of services specified herein.
2. The CITY shall review all drawings and other documents presented by CONSULTANT;
obtain advice of an attorney, insurance counselor, and others as CITY deems
appropriate for such review and render decisions pertaining thereto within reasonable
time so as not to delay the services of CONSULTANT.
3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall
obtain approvals and permits from all governmental authorities having jurisdiction over
the project. The CITY is responsible for the payment of all permit application fees.
G. Compensation
Compensation by the CITY to the CONSULTANT for all tasks except Task 4, 5, and
responses to additional requests for additional information from SF3NMD and PBCDOH
will be on a lump sum basis in accordance with the above mentioned Agreement. Task 4, 5,
and responses to additional requests for additional information from SFWMD and
PBCDOH will be invoiced on a time and materials basis for the amount of work actually
required by the project. The estimated compensation for the services described in this Task
Order is $246,579 as shown in Table 1 below.
DFI~RAFT TASK ORDER 14 AMENO 1 04 02 03.DOC
TASK ORDER NO. 14 - AMENDMENT NO. I COMPLETION OF WATER AND STORMWATER OESIGN AND SERVICES DURING CONSTRUCTION
TABLE 1: LABOR AND EXPENSE SUMMARY
Phase I - NE 17th Ave. Stormwater Improvements
City of Boynton Beach
Labor Total
Labor Hours Cost Expenses Cost
Task 1 - Design Phase 562 $46,774 $4,386 $51,160
Task 2 - Permitting Phase 120 $11,584 $1,682 $13,266
Responses for additional 136 $12,752 $1,558 $14,310
information from SFWMD and
PBCDOH
Task 3 - Bid Phase Services 44 $3,884 $1,343 $5,227
Task 4 - Services During 770 $67,604 $5,212 $72,816
Construction
Task 5 - Resident Observation 1280 $89,800 $89,800
Totals $142,598 $103,981 $246,.579
H. Schedule
The CONSULTANT will commence design and permitting services upon receipt of written
authorization and will complete all work associated with Task 1 and Task 2 of this
Amendment to Task Order 14 within six (6) months from the receipt of authorization.
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner, City Manager
Dated this day of ,2003.
SUBMITTED BY:
CH2M HILL, INC.
~-~ Vice President, Area Manager
Dated this[//d~ay of /~r; [ , 2003.
DFB~DRAFT TASK ORDER 14 AMEND 1 04 02 03.DOC 9
V.'CONSENT AGENDA
CITY OF BOYNTON BEAC] TTEM C.2.
AGENDA ITEM REQUEST FO ,l
Requested City Commission
Meeting Dates
[] April 1,2OO3
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in to city Clerk's Office Meetin~ Date~ in to City Clerk's Office
March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to authorize full release of the remaining surety for the water system improvements for the
project known as Alouette, Inc., in the amount of $1,367.50.
EXPLANATION:
The required water system improvements for this project have operated satisfactorily through the
warranty period. The surety may now be released, and the amount of $1,367.50 refunded to the
developer.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None. The City Code allows for full release after the warranty period has
expired.
Department Head'~Signature
Deparunent Name
City Manager's Signature
City Attorney / Finance / Human Resources
XC:
Dale Sugerman (w/copy of attachments)
Peter Mazzella
Mary Munro, Finance Dept. "
File
S:~BULLETiN~FORMSXAGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING A FULL RELEASE OF CASH SURETY
IN THE AMOUNT OF $l,367.50 TO ALOUETTE, INC.;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the developer of this parcel, on November 13, 2001, posted cash
;urety in the mount of $1,367.50 for the project known as Alouette, Inc.; and
WHEREAS, the required water system improvements for this project have
operated satisfactorily through the warranty period covered by this cash surety; and;
WItEREAS, the City Commission, upon recommendation of staff, deems it
appropriate to authorize a full release of cash surety in the amount of $1,367.50 to
Alouette, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the full release of the cash surety in the amount of $1,367.50 to Alouette,
Section 2. That this Resolution shall become effective immediately upon
passage.
S:\CA\RESO\Letters of Credit~Alouette - cash surety release.doc
PASSED AND ADOPTED this
day of May, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
~ Clerk
Corporate Seal)
:caLResokL\Credit - Boynton Commons - Cash Surety Release 062700
;:\CA\RESO\Letters of CreditXAlouette - cash surety release.doc
DIRECT PAYMENT REQUISITION
Please issue a check in the amount of $
1,367.50
To: Alouette, Inc.
517 NW 7~ Court
B.~.~'nton Beach, FL 33437
For:
Full release of cash sure~ect known as Alouette, Inc.
Commission._Ap..grovah
Requested by
Approvals:
Peter V. Mazzella, Deputy Utilities Director
Date April 14, 2003
Dept. Head
Finance Dept.
City Manager
401 0000 220 99 00 1,367.50
$1,367.5C
MEMORANDUM
UTILITIES DEPARTMENT
TO: Diane Reese, Finance Director
FRO1Vi:~,)john A'~. Guidry, Utilities Director
DATE:
LETrEK OF CREDIT:
Bank -
SUBJECT: Surety/Fee transmittal - ~
Amok_mt $~
CASH BOND
Check no. dl gq ~ ~o Pt. nn~'8~s $'me/¢,
~~.~SPEC~ON ~E:
Ch~k no.
Amount
Amount Water $ ~/a _
Amount Sewer $__~_~
Tot $
w
SEWER TELEVISING FEB:
(@ $1.75/L.F.)
Check no.
Bssed on "'- L.F.
A mount
COST DOCUMENTATION:
Engineer's Estimate
Copy of Contract
Other
Please refer any questions on this m~tter to Peter Mazzella of this office.
Attachment
/AG/PVM
be: Peter Mazzetla
xc: File
C.AOFFiC~,WI~NII~W~YJ~~
V.-CONSENT AGENDA
ITEl4 C.3.
CITY OF BOYNTON BEA
AGENDA ITEM REQUEST
Requested City Commission
Meeting Dates
[] April 1,2003
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
NATURE OF
AGENDA ITEM
Date Final Form Must be Turned
in to CiW Clerk's Office
Requested City Commission
Meetin2 Dates
Date Final Form Must be Turned
in to City Clerk's Office
March 17, 2003 (Noon.)
March 3 I, 2003 (Noon)
April 14, 2003 (Noon)
May 5, 2003 (Noon)
[] June 2, 2003
May 19, 2003 (Noon)
[] June 17, 2003 June 2, 2003 (Noon)
[] July I, 2003 June 16, 2003 (Noon)
[] July 15, 2003 June 30, 2003 (Noon)
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to approve and execute by Resolution Amendment No. 3 to the Industrial Avenue
Corridor Stormwater Improvements Project Consultant Agreement additional engineering
expenses for Kimley-Horn & Associates, Inc. (KHA) in an amount not to exceed $35,000.00.
EXPLANATION:
A Consultant Agreement was approved by City Commission on July 20, 2000, in the amount of
$390,390.00 and covered tasks for design, permitting, bidding services, and construction
management for the Industrial Avenue Project. We are NOT seeking additional funding for
Amendment No. 3, we are requesting the reallocation of previously approved funding and
approval to move this funding from the contractor's total funding allocation to that of the
engineer.
Amendment No. 1
During the early design phase of the project, it became necessary for the department to make
changes to the scope of the design services and physical design changes. These changes included:
· Water main redesign for (East) Industrial Avenue and relocation of certain water main
segments in Lake Boynton Estates;
· West Industrial Avenue right turn lane design and roadway widening;
· Gopher tortoise environmental investigation, reporting and permitting;
· Necessary utility easement at Foster Oil and;
· Additional design and analysis to meet FDOT and LWDD permit requirements.
S:~,BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Since these issues were not part of the original agreement, Amendment No. 1 was approved by
City Commission on November 20, 2001 for $108,820.00.
Lake Boynton Estates Water Main Change Order
Additionally, as the construction and installation work progressed, it was discovered that a second
water main in the Lake Boynton Estates area needed to be upgraded and replaced. KHA was
requested to perform the design and material take off for this new work and to negotiate for the
work with the City's contractor, Mora Engineering Contractors, Inc. (MEC). This resulted in a
Change Order for $172,146.95 which was approved by the City Commission on July 2, 2002 as an
add-on to the contracts with MEC and KHA. This add-on included all necessary engineering,
construction phase services and construction costs to replace existing water mains in the Lake
Boynton Estates area that were not part of the original construction plan. The breakdown of the
$172.146.95 is as follows:
Mora Engineering Contractor, Inc.
Kimiey-Horn & Associates
15% Contingency
Total Change Order
$127,165.00
$ 22,528.00
$ 22,453.95
$172,146.95
Procurement Services required that the Department allocate the contingency to either MEC or
KHA, and the department decided to place it where the risk was the highest and assigned the
entire contingency to the MEC Change Order.
Amendment No. 2
Amendment No. 2 was approved by the City Commission on September 17, 2002 for $134,218.15.
At the time Amendment No. 2 was approved, the anticipated remaining construction duration was
3.5 months. However, the increases in the scope of construction were accompanied by an increase
in contract duration. At time of the bid, the contract duration was established at 270 days (9
months). The City requested a KHA field representative be available on a full-time basis to
observe the contractor's progress largely due to concerns about the quality of the work and
compliance with the contract documents. The contractor frequently worked six days per week
therefore, a KHA inspector was required to worked more than the standard workweek. The
original budget considered that field observations would be performed by both City and KHA
personnel. The engineering and office support requirements were increased substantially.
S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Substantial Completion.
On February 5, 2003, Substantial Completion was achieved for this project. Utilizing the project
cost controls established by the Utilities' Project Management Team, it was determined that the
project was significantly under budget.
PROGRAM 1MPACT:
Approval of Amendment No. 3 will compensate KHA for work that has already been completed
under the direction of the Utilities Department. KHA provided quality engineering and
construction phase services throughout the project from its initial design phase through
construction, Substantial Completion, Final Acceptance and project closeout. Due to additions in
scope and design work along with time extensions, several increases to their original consultant
agreement were necessary.
FISCAL IMPACT:
During the course of construction, some differences in the estimated quantities were discovered
that resulted in a significant reduction in the project's cost. Basically, the original contingency
funding of $50,000.00 remains unused as does $18,158.00 of the $22,453.95 contingency funding
for the new Lake Boynton Estates water main.
In addition, the City has been reimbursed $10,049.49 by Florida Power & Light for costs incurred
resulting from unforeseen site conditions during installation of stormwater piping, catch basins
and manholes at the intersection of SW 6th Street and NWIst Avenue when a large underground
FPL electrical vault and duct bank was uncovered.
Available (previously approved) funding:
Unused original contingency funds
Unused Lake Boynton Estates contingency funds
Reimbursement from FP&L
Total unused contingency funds
Amendment No. 3 requested reallocation
Remaining unused balance
$50,000.00
$18,158.00
$10,049.49
$78,207.49
$35~000.00
$43,207.49
S:~BULLETiN~ORMSX, AGENDA FI'EM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Kimley-Horn Agreement Date Commission Approved Amount
Original Task Order 07/20/00 $ 390,390.00
Amendment #1 11/20/01 $108,820.00
Change Order (Lake Boynton Estates) 07/02/02 $ 22,528.00
Amendment #2 09/17/02 $134,218.15
Proposed Amendment #3 05/06/03 $ 35,000.00
Total Consultant Agreement $690,956.15
Amendment No. 3 brings the total consultant cost to $690,956.15 or 25.97% of the construction
contract price. However, current cost control tracking indicates that the project will finish at
approximately $106,434.20 or 4.00% under the approved funding total under the MEC purchase
order amount of $2,660,323.45.
ALTERNATIVES:
There is no alternative, KHA has provided services for the City in good faith and funds have been
identified for payment.
Dale S' Sug~rman'
Assistant City Manager
Kurt Bressner,
City Manager
Utilities Department
Department Name
City Attorney / Finance / Human
Resources
Dale Sugerman, Assistant City Manager
Mark Law, Deputy Utilities Director
Barb Conboy, Manager, Utilities Administration
Paul Fleming, Sr. Project Manager
File
S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOY-NTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF AMENDMENT NO 3 TO THE
INDUSTRIAL AVENUE CORRIDOR STORMWATER
IMPROVEMENTS PROJECT CONSULTANT
AGREEMENT IN AMOUNT NOT TO EXCEED $35,000.00;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 20, 2000, the City Commission approved a Consultant
Agreement for Kimley-Hom & Associates in the amount of $390,390.00, which Agreement
:overed tasks for design, permitting, bidding services, and construction management for the
trial Avenue Project; and
WHEREAS, this Amendment No. 3, is not seeking additional funding, but is seeking
a reallocation of previously approved funding and approval to move this funding from the
:ontractor's total allocation to that of the engineer; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the approval and execution of Amendment No. 3 to the Industrial
Corridor Stormwater Improvements Project Consultant Agreement.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of May, 2003.
S:\CA\RESO~Agreements\Task ' Change Ordem'~,tne~dment No. 3 - Kirnley-Hom.doc
CITY OF BOYNTON BEACH, FLORDA
Mawr
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
~:~CA\RESO~Agreements~Task - Change Or~ers~Ame~clment No. 3 - Kimley-Hom.doc
incomplete in several locations. As a result, several field modifications to the design
were required. Those modifications included:
· Alteration of the tie-in to the Vining's system
· Alteration of the tie-in to the existing 6" watermam at the north end of Pond B
· Alteration of the tie-Ms to existing watermam near Veterans Circle
In addition to the engineering revisions, construction of the new watermam and tie-
Ms lasted considerably longer than expected, resulting m additional field observation
and coordination with the City testing lab to test segments of the watermain.
Finally, obtaining releases from the Palm Beach County Health Depaxtment required
additional effort as the Contractor's record drawings were initially incomplete, and
some of the test data had expired before being submitted to the Health Department
with the request for release.
Extension of Construction Phase Services
The construction has continued into 2003 and it is likely that Final Completion will
be achieved m April. Kimley-Horn has continued to provide construction phase
engineering and construction observation at the request of the City. The specific
services provided to date are as follows:
· Review of MEC Pay Application Nos. 10, 11, 12, and 13.
· Conducting and preparing minutes of three (3) Weekly Progress Meetings.
· Construction observation by Field Representative during January 2003.
· Attending and documenting seven (7) field walk-throughs (including the
Substantial Completion walk-through).
· Development of punch list after Substantial Completion walk-through.
· Development of Field Change Directive Nos. 9, 10, and 11.
· Review of Project Record Drawings (including review meetings with City and
Contractor).
-2-
H:\044349002\contract amendmentXAddexA 04-01-03.doc
EXHIBIT A
SCOPE OF SERVICES
Kimtey-Hom and Associates, Inc. has been requested to provide the following
additional services by the City of Boynton Beach:
Lake Worth Drainage District Annexation Support Services
Kimlcy-Horn has previously provided a legal description of the project boundaries
for use by Lake Worth Drainage District (LWDD) in annexing thc project into their
service area. However, additional complications have arisen related to the annexation
prompting thc City to consider whether proceeding with the annexation is the best
course of action.
In support of the consideration of alternatives, thc City requested that Kimley-Horn
execute additional stormwater model simulations to evaluate alternatives to the
constructed outfall into the FDOT ditch. Kimley-Hom has evaluated the effects of
removing the piped connection from Pond B to the FDOT ditch and adding
emergency spillways to allow flow only during the most extreme events. Kimley-
Horn advised the City of our findings as requested.
Kimley-Horn also contacted FDOT and inquired about any permit or other agreement
between LWDD and FDOT authorizing the outfall from the FDOT ditch into the E-4
canal.
Lake Boynton Estates Water Main Upgrades - Field Engineering
Kimley-Horn was previously authorized to design replacement of 6" AC watermain
with an 8" DIP watermain through Lake Boynton Estates in order to facilitate future
branch watermain and water service improvements in thc area. Kimley-Horn
requested that thc Contractor perform detailed field locates of existing utilities for
usc in our design. However, thc information provided by thc Contractor was
-l-
H:\044349002~contract amendment~AddexA 044) 1 4)3.doc
· Clerical support for the services listed.
We will continue to provide construction phase through Final Completion of the
project in cooperation with the City.
The City previously authorized a contingency budget of $22,453.95 in order to
provide a source of additional funding to deal with field changes on the Lake
Boynton Estates water construction. Approximately $18,158.87 of the contingency
budget remains and could be applied toward our additional effort.
-3-
H:\044349002\contract arnendmentkAddexA 04-01-03.doc
EXHIBIT B
FEE AND BILLING
As shown in the attached Exhibit C, Kimley-Hom has expended approximately
$28,240.00 through March 31, 2003. We propose to complete our services for a total
additional fee (inclusive of all 2003 effort) of $35,000.00.
Fees will be invoiced monthly based upon the actual effort expended as of the
invoice date. Payment will be due within 25 days of the date of the invoice.
-4-
H:\044349002~contract amendment~.ddexA 04-01-03.doc
EXHIBIT C
Industrial Avenue-2003 Hours Expended
Activity MDS Sr. Prof. - Other Prof. Ballum Clerical
$120.00 $120.00 , $75.00 $50.00 $50~00
Pay App 10 review 4
Pay App 11 review 4
Pay App 12 review & mtgs. 25
Weekly Progress Meetings (3) 10 10
Field Observation/Inspection 26
Field reviews/walkthroughs (7) 25
inc. Sub. Com. Walkthrough
Punchlist development/distribution 12
Field Chg. Directive 9 4
Field Chg. Directive 10 4
Field Chg. Directive 11 (unofficial) 10i 12
inc. design of drainage fixes
LWDD annexation support 5! 24
meetings (2), modeling, FDOT
(Note $4,000 prelim KHA budget
to cover survey and eng.)
Record drawings (1st draft, 2nd 48 9 20
draft, letters, mtgs)
Clerical (in support of all the above) 50
Total hours 151 21 44 36 50
Fee $18,120.00 $2,520.00 $3,300.00 $1,800.00 $2,500.00
.... Note that Sr. Professional is calculated at the same rate as MDS
[Total $28,240.00~
H:\044349002\conb'act amendmentS2003 amendments\estimate.xls
V.-CONSENT AGENDA
ITEI I C.4.
CITY OF BOYNTON BEA
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting, Dates
[] April 1,2003
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in to City Clerk's Office Meetin~ Dates in to City Clerk's Office
March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Deanna K.
Bates as owner for the property located at 1103 James Road, Lantana, Florida (Lot 24 Hypoluxo Ridge).
EXPLANATION:
The parcel covered by this agreement is a single-family home located in the San Castle project area. Only potable
water is available for connection to the property at this time due to recent water main improvements constructed
during that project. (See location map)
PROGRAM IMPACT:
A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No
additional construction will be required by the City to serve this property.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None. This parcel is within the Utilities service area.
Department Head's S(~ature
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
XC:
Dale Sugerman (w/copy of attachments)
Peter Mazzella "
Michael Rumpf, Planning & Zoning. "
File "
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
1 in. = 303.9 feet
ERTY. 1
Location Map
RESOLUTION NO. R03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING EXECUTION OF AN AGREEMENT FOR
WATER SERVICE OUTSDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY
OF BOYNTON BEACH AND DEANNA K. BATES.; AND
PROVIDING AN EFFECTWE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
water and sewer service area, located at 1103 James Road, Lantana, Florida (Lot 24
Hypoluxo Ridge) in the San Castle project area; and
WHEREAS, the subject parcel currently contains a single-family residence, and only
de water is available for connection to the property at this time due to recent water main
constructed during that project;
WHEREAS, City policy requires annexation of the property to be serviced at the
earliest practicable time, as a condition of the granting of water services outside its
urisdictional limits; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
tree and con'ect and are hereby made a specific part of this Resolution upon adoption
Section 2. The Mayor and City Clerk are hereby authorized and directed to
a Water Service Agreement between the City of Boynton Beach, Florida and
K. Bates, said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
r Service~Bates Water Service Agreement.doc
PASSED AND ADOPTED this ~ day of May, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mawr
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
S:\CA\RESOXAgrecmcnts\Water Scrvic¢~Bates Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P~..
3099 East Commercial Blvd.
Suite 200
FL Lauderclate, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~ day of ,20 , by
and between ~r'~,~'/~' ,4~-~ hereinafter called
the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the
State of Flodda, hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of
the City of Boynton Beach, Flodda; and
WHEREAS, Customer has requested that the City of Boynton Beach, Flodda
provide water service to the property owned by Customer; and
WHEREAS, the City of Boynton beach has the ability to provide water service to
Customer's property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of
water services outside of its jurisdictional limits on annexation of the property to be
serviced into the City at the eadiest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water
service from the Municipal Water System and the mutual covenants expressed herein,
the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree
as follows:
1. The City agrees to provide Customer with water service from its Municipal
Water System to service the real property described as follows and which Customer
represents is owned by Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are ~
Residential Connections which City shall service.
Equivalent
3. The Customer agrees to pay all costs and fees of engineering, material,
labor, installation and inspection of the facilities as required by the City of Boynton
Beach Code of Ordinances or Land Development regulations to provide service to the
Customer's premises. The Customer shall be responsible for installation in
conformance with all codes, rules and regulations applicable to the installation and
maintenance of water service lines upon the Customer's premises. All such lines shall
be approved by the Director of Utilities and subject to inspection by the City Engineers.
The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of
the Customer, in which case the Customer will pay in advance all estimated costs
thereof. In the event the City has such work performed, the Customer will also advance
such additional funds as may be necessary to pay the total actual costs incurred by the'
city.
4. Any water main extension made pursuant to this Agreement shall be used
only by the Customer, unless wdtten consent is granted by the City of Boynton Beach
for other parties to connect. All connections shall be made in accordance with the
Codes and regulations of Boynton Beach.
5. Title to all mains, extensions and other facilities extended from the City
Water Distribution System to and including the metered service to Customer shall be
vested in the City exclusively unless otherwise conveyed or abandoned to the property
owner.
6. The Customer agrees to pay all charges, deposits and rates for service and
equipment in connection with water service outside the City limits applicable under City
Ordinances and rate schedules which are applicable which may be changed from time
to time.
7. Any rights-of-way or easements necessary to accommodate the
connections shall be provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City
an Irrevocable Special Power of Attorney granting to the City the power and authority to
execute and advance on behalf of the Customer a voluntary petition for annexation.
Customer covenants that it shall cooperate with the City and not raise opposition or
challenge to such annexation if and when annexation is initiated. The property shall be
subject to annexation at the option of the City at any time the property is eligible under
any available means or method for annexation. Customer will inform any and all
assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall
not constitute a defense or bar to the City's rights as set forth herein. The Customer
acknowledges that the consideration of initially connecting to the City's water supply is
sufficient to support the grant of the power of attorney any subsequent disconnection or
lack of service shall in no way impair the power of attorney nor constitute a diminution
or lack of consideration.
9. The Customer acknowledges that this covenant regarding annexation is
intended to be and is hereby made a covenant running with the land described in
paragraph 1 above. This Agreement and the power of attorney referenced, herein is to
be recorded in the Public Records of Palm Beach County, Flodda, and the Customer
and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding
on the Customer and all successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a
reduction, impairment or termination in water service to be provided under this
Agreement due to any prohibitions, restrictions, limitations or requirements of local,
regional, State or Federal agencies or other agencies having jurisdiction over such
matters. Also, the City shall have no liability in the event there is a reduction,
impairment or termination of water service due to acts of God, accidents, stdkes,
boycotts, blackouts, tire, earthquakes, other casualties or other circumstances beyond
the City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the
City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers,
employees and agents (Both in their individual and official capacities) from and against
all claims, damages, law suits and expenses including reasonable attorneys, fees
(whether or not incurred on appeal or in connection with post judgment collection) and
costs rising out of or resulting from the Customer's obligation under or performance
pursuant to this Agreement.
12. No additional agreements or representations shall be binding on any of
the parties hereto unless incorporated in this Agreement. No modifications or change
in this Agreement shall be valid upon the parties unless in writing executed by the
parties to be bound thereby.
IN WITNF_.~,,WHEREOF, the parties hereto have set their hands and seals this
dayof ~--t-~ I.-o '%'/" ."7[ ,2003
(As l
(As t.o ~_~')
(As to owner)
~ESS: ~
INDIVIDUAL(S) AS OWNER(S):
(Print name)
(Print name)
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County...afo_,res_ai~ to take acknowledgments, personally
appeared t~__.~ .~ ~ ~ ~'~ ~.~-.-~ to me known
to be the person(s) described in and who executed the foregoing instrument that
he/she acknowledged before me that he/she executed the same; that the individual was
p.~.~.mnnally k~nown to ~ or provided the following proof of identification:
WITNESS m.~ ha, pd and official seal in the County and State last aforesaid this
day of .l"~'_ ~ t- 0 ~ ~ ,200_~
(Notary Seal)
.......... Jeanette Mathias
~.~.~,.o..'.~.... Commission #DD146206
-~*..i--3,~_;.'-' Expires: Sep 20, 2006.
~-74~ .... ~? Bonded Thru
Nota ~°~l~libAtlantic Bonding Co., Inc.
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
City Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF PALM B .EACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared , Mayor and ,
City Clerk respectively, of the City named in the foregoing agreement and that they
severally acknowledged executing same in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in them by said City and that the City
seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of
said City.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,200_.
(Notary Seal)
Notary Public
Approved as to form:
Legal Description Approved:
City Attorney
JAC/Ims
900182
12/12/95. rev
WATERSRV. 1
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
I/We, i0e~.,.~. ~.~,1 , hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the day of
, 20 and the powers and authority shall be irrevocable by
Grantee.
day of
Sealed and delivered in the presence of
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
F'-J,~-,-~.,.7 , in the year two thousand and
~..
Print name
Witness Print name
Witness
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT :~.~.s acknowledged, before me this ~)/~- day
of --/~r~.r-~-- , 20~, by ~~n~ ~~ and
, who ~re known to me or who have produced
, as identificatio~ and who did/did n~ke an oath.
~OTARY P~IC
T~pe or Pdnt N~me ~ ~ _
Oommissien No. ~G ~ ~ ~D
My Commission ~xpires: ~c cm~ ~z ~ U
POA. IND
t~:.~[C~mmi~o, fl CC 982420
Mar,25, 2002 I]']2AM
io, 6373
OPINION OF TITLE OF EXAMINING ATTORNEYS
FIDELITY F~DERAL. BANK & TRUST
DATE: March 22, 2002
IN RE:
Deanna K. Bates, a single woman
DESCRIPTION OF PROPERTY:
LOT 24, HYPOLUXO RIDGE, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 22, PAGE 48, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
CERTIFIED TO AS OF: February 15, 2002
TITLE VESTED IN:
Deanna K. Bates, a single woman
THIS FINAL OPINION IS SUBJECT TO:
1. Marital status of Deanna K. Bates.
2. Satisfaction or subordination of Mortgage from Deanna K.
Bates, a single woman, in favor of Barnett Bank of Palm Beach
County, Florida, recorded July 29, 1994, in Official Record Book
8366, Page 44, public records of Palm Beach County, Florida, in the
original principal amount of $15,000.00.
ENCUMBPJ%NCES:
1. Mortgage from Deanna K. Bates, a single woman, in favor
of Fidelity Federal Savings Bank of Florida, dated May 24, 1993,
and recorded May 28, 1993, in Official Record Book 7730, Page 713,
public records of Palm Beach County, Florida, in the original
principal amount of $56,800.00.
Mar,25, 2002 ]l:12AM R.N, IS, PA & R,D'ANGIO, PA No.6378 P. 4/30
2. Mortgage from Deanna K. Bates, a single woman, in favor
of Barnett Bank of Palm Beach County, dated July 26, 1994, and
recorded July 29, 1994, in Official Record Book 8366, Page 44,
public records of Palm Beach County, Florida, in the original
principal amount of $15,000.00.
3. Judgments or Tax Liens: NONE
NOTE: 2001 Gross Real Estate Taxes in the amount of $955.00
are paid.
SUR'v'IiY CERTIFIED TO: Oearma K. Dotae; Fidelity Federal Sa¥1no$ Oank of
Florida; B~kett, Cook, et al.; Attome§s' Title msurence Fund, Inc.
,PROPERTY ADDRESS: t 103 James Road. Lantana. FI.
FLO00 ZONE; 'C'/rlaD~''120192 OICJSO/Oct' 15, 1982
DESCRIPTION;
Lot 24, HVPOLUXO RIDGE, according [o the Plat illereo[ on rile In tl~e
Office of the Cle~ of the Circuit court in and for Palm Beach County,
Florida, recorded In Plat Book 22, Page 48.
C.iI.j.'.MC~C~ITI Bl,Ocl sTiuc~Jel re. - fauna
HEREBY CERTII~ thai the plat shown hereon is a true and correCt representation el a survey of the properly described in the caplion thereol
I furlher certily this meets Ihe Minimum Technical Slandurds adoptud ny lite Florida Board el
Surveyors Pursuant to Sec. 472.027, F.S., and Rule 21 HH-G, F,A,C- Tl~is plal iS not valid unless
BOUNDARY SURVEY -"---'---'-
MILLER LAND SURVEYING
407-586-2669
P 0 BOX 3646
LANTANA. FLOrtI~IA 334G5
JOl NO
)~.~=_/~-o/
S.
V.-CONSENT AGENDA
ITEM C.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR vl
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Cofnmission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
[] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003
May 19, 2003 (Noon)
[] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003
June 2, 2003(Noon)
[] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003
June 16, 2003(Noon)
[] May 20, 2003 May 5, 2003(Noon) [] July 15, 2003
NATURE OF
AGENDAITEM
[] Admimstrative
[] Announcement
[] City Manager's Report
[] Consent Agenda
[] Code Compliance/Legal Settlements
June 30, 2003 (Noon)
[] Legal
[] New Business
[] Presentation ;:~:Z
[] Public Hearing ~,.
[] Unfinished Business
RECOMMENDATION: Renew the agreement between the City of Boynton Beach and Palm Beach Community
College.
EXPLANATION: Boynton Beach Fire Rescue has been a training site for EMT and Paramedic clinicals for many
years. This agreement formalizes a cooperative relationship between the City and the District Board of Trustees of the
Palm Beach Community College.
PROGRAM IMPACT: Boynton Beach Fire Rescue crews are well acclimated to teaching and mentoring EMT and
Paramedic students. Teaching others helps keeps our Fire Rescue personnel's skills at a high level.
FISCAL IMPACT: None
~ALTERNATIVES: Cease.to be a Palm Beach Community College training[sle~[/L~ {f'~'~"~f°r EMTs and Paramedics.
D~partment Head's Signature v ~ity ~I~n~ger's Sighature
Department Name d" City Att0~ff~/FLnance / Human Resources
S:kBULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE FIRST AMENDMENT TO THE AGREEMENT WITH
PALM BEACH COMMUNITY COLLEGE; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PALM BEACH
COMMUNITY COLLEGE; AND PROVIDING AN
EFFECTWE DATE.
WHEREAS, On August 14, 2000, the City Commission approved a three (3) year
Agreement with District Board of Trustees of the Palm Beach Community College, which
provides education and training of students in the Paramedic and EMT programs; and
WHEREAS, upon recommendation of Boynton Beach Fire Rescue, it is desired to
renew said Agreement for an additional three (3) year term.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct execution of the First Amendment to Agreement between the
City and The District Board of Trustees of the Palm Beach Community College, a copy of
said Agreement is attached hereto.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
day of May, 2003.
,:\CA\RESO~,greements\First Amended AGreement PBCC EMT training.doc
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
ATTEST:
City Clerk
Commissioner
Commissioner
Ca/res~aSreementl/Fi~t Amended A~ree~t PBCC - EMT traml~
S:\CA\RESO~Agreements\First Amended AGreement PBCC EMT training.doc
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY
COLLEGE AND THE CITY OF BOYNTON BEACH
THIS FIRST AMENDMENT entered into this ~ day of
,2003, by and between:
THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with a
business address at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, (hereinafter referred
to as "CITY")
and
DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE,
with a business address of 4200 Congress Avenue, Lake Worth, Florida 33461, (hereinafter referred
to as "BOARD").
WITNESSETH:
WHEREAS, the parties hereto entered into an Agreement on August 14, 2000 to provide for
the education and training of students in the Paramedic and EMT programs ("Agreement"); and,
WHEREAS, the Agreement will expire on August 14, 2003, and the parties desire to extend
the Agreement for an additional three (3) year term.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein, the City and Board agree as follows:
1. That the Agreement dated August 14, 2000 is extended for an additional three (3) year
term up to and including August 14, 2006.
2. In the event of a conflict between the Agreement and this First Amendment, this First
Amendment shall control.
3. All terms and conditions of the Agreement, First Amendment and Exhibits thereto
which are not inconsistent herewith remain in full force and effect.
WITNESSETH:
ATTEST:
By:
City Clerk
CITY OF BOYNTON BEACH
By:
City Manager
S:\CAL&GMTS'~Amendment to PBCC Agreement.doe
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
DISTRICT BOARD OF TRUSTEES OF
PALM BEACH COMMUNITY COLLEGE
By:
BY:
CHAIRMAN
PRESIDENT
DATE:
S:\CA~AGMTS~xn~dm~nt to PBCC Agreement. dim
PALM BEACH COMMUNITY COLLEGE
VICE PRESIDENT
~/'O R K F O R C E DEVELOPMENT
q. pbcr'
4200 CONGRESS AVE.
LAKE WORTH, FL 33461-4796
561-868-3633 te~
56!-868-3456 fax
March 25, 2003
Mr. Mike Landress
City of Boynton Beach
100 E. Boynton Beach Boulevard, Fire Rescue
Boynton Beach, FL 33435-0310
Dear Mr. Landress:
Enclosed are two (2) copies of the Paramedic/EMT clinical affiliation agreement between
Palm Beach Community College and your facility. After review, please sign both copies of
the agreement and return them to my office.
I will then forward you one executed original.
I would like to thank you for your generosity in providing valuable training experiences for
our students. Please contact me at 561-868-3455 if you have any questions regard'ing this
agreement.
Sincerely,
John M. Schmiederer
Vice President of Workforce Development .
enc.
BELLE GLADE BOCA RATON LAKE ~(/ORTk
Requested City Commission
Meeting Date~
[] April 1, 2003
[] April 15, 2003
1~ May 6, 2003
· May 20,2003
V.-CONSENT AGENDA
ITEM C.6.
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FORNI .........
03 30 31
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in to CiW Clerk's Office ~ in to City Clerk's Office
March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Motion to approve contract with JEG Associates to continue consulting services to the Heart
of Boynton Project.
EXPLANATION: The scope of services for a new agreement with the current consultant would be to provide the
following: 1) To provide updated status report for the Heart of Boynton Redevelopment Plan, 2) assist the city in the
coordination and implementation of community outreach activities related to the plan, and 3) conduct additional
planning and design work to include cost estimates, color schemes, etc., for specific projects related to neighborhood
improvement activities related to implementation of the Heart of Boynton Redevelopment Plan. See attached in
Exhibit "A'.
PROGRAM IMPACT: Success of the capacity building component of the implementation of the Heart of Boynton
Redevelopment Plan is important to ali the stakeholders. Neighborhood and church leaders, resident, connecting
organizations, city staff and other need a road map to follow. Putting everything into a project manager program
facilitated by JEG ensures everyone knows what the next step should be and who should do it...
FISCAL IMPACT: This additional contract will cost $7,000 and come from the Neighborhood Services existing
Other Contractual services line item 001-2417-559.49-17.
ALTERNATIVES: There is no current funding available for this program outside of the funds allocated by the city.
~ -~epartment Head's Si~natur? ' ' /- ' r'
Department Name
City Manager's Signature
City Attorney / Finance / Human Resources
S:x,BULLET[NXFORMSX, AGENDA ITEM REQUEST FORM.DOC
April 30, 2003
Attachment "A"
Joseph Gray, President
JEG Associates
5702 Normie Drive
Odando, FL 32839
Hereinafter referred to as JEG
AND
City of Boynton Beach
Neighborhood Services
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Hereinafter referred to as the Client
The Client desires to contract v~h JEG to provide consulting services related to the
implementation of the Heart of Boynton plan. Se~ces will be provided, consis~nt
with the following Scope of Sewices and payment schedule upon execution of ~his
agreement,.
SCOPE OF ADDITIOHAL SERVICES
The Scope of Services generally to be provided by JEG may include, but will nol be
limited to any of the following:
Task 1; Provide consultative technical assistance to the City, relative to the
development of implementation strategies related to the HOB plan.
Task 2- Assist the City in the coordination and implementation of commu ~ity
outreach activities designed to increase community awareness of the
HOB plan and mla~,:l redevelopment activities.
Task 3 - Assist the City in the development of collaborative partnerships ~h
, public and private community stakeholdem and potential resource
partners.
Task 4 - Conduct additional planning and design work to include cost estimates,
color schemes, etc.
COST PROPOSAL
The City will pay JEG for servic3s engaged directly on the project at a rate of $125.
per hour, not to exceed a maximum of $7,000. The contract shall commence up3n
execution of this agreement.
AGREED TO AND ACCEPTED BY:
~,~..
Its:
Date;,
JEG ASSOCIATES 5702 NORMIE DRIVE ORLANDO, FL 32839 (407) 351.9~20
V.-CONSENT AGENDA
ITEM C.7.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Comrmssion
Meetina Dates
[] April 1. 2003
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
Date Final Form Must be Turned Requested City comrmssion Date Final Form Must be Turned
in tO City Clerk's Office Meetin~ Dates in to City Clerk's Office
Match 17, 2003 (Noon.) [] June 3. 2003 May 19, 2003 (Noon)
March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July I. 2003 June 16. 2003 (Noon)
May 5, 2003 (Noon) [] July 15. 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Ratify the actions of the South Central Regional Wastewater Treatment & Disposal Board.
EXPLANATION:
On April 17, 2003, the South Central Regional Wastewater Treatment & Disposal Board
held its Regular Quarterly Annual meeting. At that time, the Board took action on various
items that are now before the City Commission for ratification. This City Commission
ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Not ratify their actions.
~" ~rity Manager's S~ignature
City Clerk's Office
City Attorney / Finance / Human Resources
S:XBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R03-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE ACTION TAKEN BY THE SOUTH CENTRAL
REGIONAL WASTEWATER TREATMENT A_ND
DISPOSAL BOARD AT THE QUARTERLY MEETING
OF APRIL 17, 2003, AS SET FORTH IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE
SAID RATIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the South Central Regional Wastewater Treatment & Disposal Board
RWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting
April 17, 2003, as set forth in the attached Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section l. The City Commission of the City of Boynton Beach, Florida, does
ratify the action taken by the South Central Regional Wastewater Treatment &
Board on April 17, 2003, as set forth in the attached Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this
day of May, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
;T:
Commissioner
Clerk
EXHIBIT "A"
Authorization to expend $7,746 from Repair & Replacement fund on an
emergency basis for (2) submersible pumps for the Plant's Lif~ Station.
Authorization to sign agreement with Widell, Inc., to provide contractor at risk
services for a two year period.
Authorization to expend $1,491,080 from Repair & Replacement funds for the
following task orders:
a. Repair Sanitaire Diffusers - Total $477,003
b. Repair Clarifier Bridge Total $474,010
c. Repair channel in Screening Bldg. - Total $298,685
d. Repair radiator & blower piping - Total $41,382
e. Contingency Total $200,000
TOTAL AMOUNT: $1,491,080.00
Authorization to enter into contractor at risk agreement with Widell, Inc., for
(4) Task Orders, as follows:
ao
No. I - not to exceed $399,033;
No. 2 - not to exceed $439,010;
No. 3 - not to exceed $223,685;
No. 4 - not to exceed $ 41,382
Authorization to enter into contract with R.J. Sullivan Corp., for construction
of 2 million gallon reclaimed storage tank in the amount of $835,010.
BOARD
City Council Members of
Boynton Beach & Delray Beach
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
i801 North Congress Avenue · Delray. Beach, Florida 33445
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
E-mail: scrwwtp@ ix.netcom.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
Janet Prainito
CITY OF BOYNTON BEACH
Mary Ann Shumilla
April 18, 2003
RATIFICATIONS FOR SIGNATURE
Attached are the Ratifications from the Quarterly Annual Meeting of April 17, 2003
which require signatures. Would you place these on the Agenda for your next
Commission meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 17, 2003
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board
did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO EXPEND
$7,746. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS FOR
(2) SUBMERSIBLE PUMPS FOR THE PLANT'S LIFT STATION.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Deiray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clark
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 17, 2003
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board
did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO SIGN
AGREEMENT WITH WlDELL, INC. TO PROVIDE CONTRACTOR AT RISK SERVCES
FOR A TWO YEAR PERIOD.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
~ day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 17, 2003
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board
did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO EXPEND
~1,491,080.00 FROM REPAIR & REPLACEMENT FUNDS FOR THE FOLLOWING
TASK ORDERS.
WIDELL BOARD H & $ TOTAL
1.Repair Sa~i=aire Diffusers $399,003 $68,000 $10,000 $ 477,003
2.Repair clarifier bridge $439,010 $20,000 $10,000 $ 474,010
3.Repair channel ia Screening Bldg. $223,685 $65,000 $10,000 $ 298,685
4.Repair radis=or & blower piping $ 41,382 ] $ 41,382
5.Contingency $200,000 I $ 200,000
TOTAL: $1,103,080 $358,000I $30,000 $i,491,080
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 17, 2003
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board
did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO
CONTRACTOR A T RISK AGREEMENT WITH WIDELL, /NC. FOR:
TASK ORDER #1 FOR A NOT TO EXCEED PRICE OF $ 399,033;
TASK ORDER #2 FOR A NOT TO EXCEED PRICE OF $ 439,010;
TASK ORDER #3 FOR A NOT TO EXCEED PRICE OF $ 223,685;
TASK ORDER #4 FOR A NOT TO EXCEED PRICE OF ~ 41,382;
AND AUTHORIZATION FOR EXECUTIVE DIRECTOR TO SIGN AND EXECUTE AT
TIME DETERMINED APPROPRIATE.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
~ day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 17, 2003
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board
did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO
CONTRACT WITH R. J. SULLIVAN CORP. FOR CONSTRUCTION OF 2 MILLION
GALLON RECLAIMED STORAGE TANK IN THE AMOUNT OF $835,010.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
~ day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City. Attorney
Requested City Commission
Meeting Dates
[] April 1,2003
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
V.-CONSENT AGENDA
ITEM D.1
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in tO Qity Clerk's Office Meeting Dates in to City Qlerk'~ Office
March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon)
March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) '
April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Adminis~'afive [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under
Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request
be approved. For further details pertaining to the request, see attached Department of Developrnent Memorandum
No. PZ 03-087.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Eckerd Drugs (~ Target (MSPM 03-003)
Erik Wilczek, P.E., Kimley-Hom & Associates, Inc.
Andrew Berger, American Development Corp.
1895 N. Congress Avenue, Target Shopping Center
Request for major site plan modification to recordigure parking spaces in Parcel "A" of
Target Corf, niercial Center.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
AL TE RN AT IVES .~/ N/A
City Manager'sk3ignature
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP~ROJECTS\Eckerd Drugs Projects~VlSPM 03403 (~ Targetka~genda Item RequestEckerd Drugs~Target MSPM 03-003 5-6-
03 .dot
S:~BULLETINLFORMS~kGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PRO.1ECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-087
Chairman and Members
Planning & Development Board
Eric Lee ]johnson, AICP
Planner
Michael Rumpf
Director of Planning and Zoning
April 17, 2003
Target Commercial Center (Eckerd) / MSPM 03-003
Major Site Plan Modification
Property Owner:
Applicant/Agent:
Location:
Existing Land Use/Zoning:
Proposed Land Use/Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
PRO3E(~TI' DE$CI~Pl'ZON
Andrew Berger / American Development Corporation
Edk ]j. Wilczek / Kimley-Horn and Associates, ;[nc.
1895 North Congress Avenue (see Exhibit "A' - Location Map)
Local Retail Commercial (LRC) / Community Commercial (C-3)
No changed proposed
Pharmacy with drive-thru facility
555,330 square feet (12.79 acres)
Right-of-way for Gateway Boulevard, farther north is developed residential,
zoned Planned Unit Development (PUD);
Catalina Shopping Center, zoned Community Commercial (C-3);
Right-of-way for Congress Avenue, then farther east is Motorola, zoned
Planned Industrial Development (P1;D);
West: Developed residential, zoned Planned Unit Development (PUD).
Target - MSPM 03-003
Page 2
Memorandum No. PZ 03-087
BACKGROUND
The Target Commercial Center is comprised of three (3) main parcels and one (1) subordinate parcel.
Parcel "A" is 2.27 acres and contains an existing 11,786 square foot stand-along building (which Eckerd
proposes to occupy) and 14,200 square feet of in-line commercial space. Erik .1. Wilczek, agent for
Eckerd is seeking conditional use / major site plan modification (COUS 03-001) approval for a pharmacy
with a drive-through facility to occupy the 11,786 square foot building. Parcel "B" contains the Target
store and a majority of the shopping center's parking area. Parcel "C" contains a stand-alone Carrabba's
restaurant. According to the site plan (sheet S-1), the subordinate fourth parcel, namely, Parcel "D" is
comprised of the buffer and swale area of the shopping center's perimeters along Gateway Boulevard
and Congress Avenue. The entire shopping center is 12.79 acres in area and contains 144,438 square
feet of building area.
The applicant proposes to occupy an existing one (1)-story 11,786 square foot building currently
occupied by Rack Room Shoes and previously occupied by Barnes & Noble and Bookstop. No change is
proposed to the total project square footage. The proposed pharmacy is a permitted use in the C-3
zoning district but the drive-through feature requires conditional use approval. The drive-through facility
would be located on the east portion of the existing stand-alone building on Parcel "A'; facing Congress
Avenue. The facility would have one drive-through lane, running much of the length of the eastern
fa(;ade. This drive-through lane would eliminate ten (10) parking spaces. Since the parking is shared
throughout the entire shopping center (all three (3) main parcels), the proposed drive-through lane
would eliminate all of the center's excess parking spaces. As a result, the shopping center would both
require and provide for 769 parking spaces. Unlike a Planned Commercial Development (PCD) such as
Grove Plaza or B.l's Wholesale Club, the Target Commercial Center is not a master plan. However, the
modifications proposed to Parcel "A" impact the entire shopping center. Therefore, this major site plan
modification (MSPM 03-003) to the Target site plan is required concurrent with Eckerd's request for
conditional use approval (COUS 03-001).
ANALYSZS
As previously mentioned, the proposed modifications would be made to Parcel "A" of the Target
Commercial Center. The changes proposed on this site plan submittal relative to the original site plan
approval include the elimination of ten (10) parking spaces for the construction of a drive-through lane
along the eastern facade of an existing stand-alone building on Parcel "A". Therefore, this site plan is
being amended to reflect the changes made to Parcel "A".- The requested modifications result in no
increase in impacts above those currently vested by the approved site plan. The City's Engineering
Division has reviewed and approved the configuration of the drive-through lane as it relates to the
localized traffic patterns throughout the entire shopping center. The Palm Beach County Traffic Division
has determined that the drive-through facility would have little or no impact to the site in terms of traffic
concurrency.
RECOf4 f4ENDATZON
The Technical Review Committee CI'RC) has reviewed this major site plan modification request. Staff
recommends approval, contingent upon the comments indicated in Exhibit "C" - Conditions of Approval.
Any additional conditions recommended by the Board or City Commission shall be documented
accordingly in the Conditions of Approval.
S:~lanning~Shared~Wp'~3jec~',,Ecke~l Drags I~oject~'~dSPM 03-003 (~ Tax~et',Staff Repott.d~¢
Location Map
Eckerd Drugstore @ Target Commercial Center MSPM 03-003
EXHIBIT "A"
/ ,/ / ~
NIC
iii
I II
CON~ A~UE
EXHBIIT "C"
Major Site Plan Modification
Project name: Target
File number: MSPM 03-003
Reference: 2nd review plans identified as Major Site Plan Modification with a April 1, 2003 Planning and
Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
ENGINEERING DIVISION
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
COA
04/21/03
2
DEPARTMENTS INCLUDE REJECT
1. The site plan (sheet S-l) tabular data is incorrect. The required parki~qg for X
the Eckerd store is based on gross floor area, not leasable area. Revise the
parking data on sheet S-1 to indicate that 124 parking spaces are required for
Parcel "A" and 769 parking spaces are required for the entire commercial
center.
2. Remove any storage containers or other objects currently kept on site that may X
obstruct any parking spaces due to impacts on surplus parking spaces
(elimination of 10 spaces).
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
3. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
4. To be determined.
MWR/elj
S:\Planning\Shared\Wp\Projects\Eckerd Drugs Projects\MSPM 03-003 @ TargetH ST REVIEW COMMENTS.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
Eckerd at Target Commercial Center
Erik J. Wilczek, P.E. - Kimley-Horn and Associates, Inc.
5100 Northwest 33rd Avenue, Suite 157 Fort Lauderdale, FL
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 6, 2003
TYPE OF RELIEF SOUGHT:
LOCATION OF PROPERTY:
DRAWING(S):
33309
Request major site plan modification approval for a pharmacy with drive-
through facility on Parcel "A"
1895 North Congress Avenue
SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WFAPROJECTS\Eckerd Drugs ProjectsgMSPM 03-003 @ Target~DO.doc
Requested City comrmssion
Meeting Dates
[] April 1, 2003
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
V.-CONSENT AGENDA
ZTEt4 F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned Requested City ComXmssion Date Final Form Must be Turned
in to City Clerk's Office Meeting Dates in to City Clerk's Office
March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Permit placement of memorial plaques.
EXPLANATION: The Boynton Beach Veterans Council has requested permission to place memorial plaques at the base of
selected trees in Intracoastal Park. The group is working with the Recreation & Parks Department on a design that will require
minimal maintenance and that will not impact the City's regular upkeep of the park. The Veterans Council will be responsible
for all the paperwork and accounting that is involved.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not permit placement of the plaques.
t~ Dep~rtn~Ynt HeadO~'Signature
City Manager's Signature
Public Affairs
Department Name
City Attorney / Finance / Human Resources
S:\BULLETI~FORMS\AGENDA ITEM REQUEST FORM.DOC
03/1 7t2~3 13:i3 5613695838 1TD~I'~I -~3~- ~1
Mayor Gerry Browning
City of Boynton Be.~h
At is r~gularly Constitme~ Conf~'~n,.~ of the Boynton B~agh vgt~mns Coungil th,
Concept of having Memorial Plaques placed at the bas~ of' selected trees on ~e drlveway
Coming into the park was discussed.
We are pleased to announce that the concept was unarn~mously accepted by all or,he
The Committee consisting of Mr. Robert Zimmerman~ and Mr. Torn Kaiser whz Igave had
extensive experienc~ in the area of Veteran Memorials and projects such a~ this, ale looking
forward to working with the City of Bo)~ton Beach.
There should 1~ no cost or enl~ns~ to the City of Boyulon B~h as all who wish I~ have
A Plaque Placed on this Memorial Walk will bear the 0%t of $150.00. We will ~ care
On behalf of the Boynton Beach Veterans Council I wish to thank all opf the Mmabers of
the City of Boynton Beagh governmcm and our great Mayor J~r~ Broenins.
CoC,
Roi~ gimm~
Thomas Kaiser
Sincerely
Rick Prino~. Cllnm
VETERANS MEMORIAL DRIVE
PLAQUES FOR PALM TREES ON ENTRY DRIVEWAY.
1 JOSEPH P. MILANO .................... BEIRUT LEBAN~ON OCTOBER 23, 1983
2 ROI~ERT W. KAISER ..................U.S.S. TROUT SSI202...FEBRUARY 29,194~.
3 KICK PKINCE FOR HIS BROTHER
4 JEWISH WAR VETERANS POST 440 BOYNTON',BEACH, FL.
5VETERANS OF FOREION WARS POST 10150 LF, iSURI~VLLLE
6 VETERANS OF FOREIGN WARS POST 5335...BOYNTON BEACH FL.
7 BOYNTON VETS COUNCIL....BOYNTON BEACH, FL
$ DISABLI~D AMERICAN VETERANS POST 152..DELRAY BEACH, FL
9 AMERICAN LEOION POST ! 64...BOYNTON BEACH, FL
10 AMERICAN LIiOION POS'F 2~IL.BOYNTON BiiACH, FL
11 SONS OF THE AMERICAN LEGION POST 164 BOYNTON BEACH
12 KOREAN WAR VETERANS CHAPTER 17
13
14
15
16
17
18
19
20
21
22
23
24
25
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEA£
AGENDA ITEM REQUEST FORN1
Requested City Commission
Meetinz Dates
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in to Cit~ Clerk's Office Meetimz Dates in tO City Qlerk's Office
March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon)
March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) ·
April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under
Public Hearing. The Planning and Development Board with a 6 to 1 vote, recotuaiended that the subject request be
approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-088.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Serrano ~ Boynton (ANNEX 03-001)
Paul Bach
Beth Peschl
West of Congress, North of the L-28 Canal
Request to annex a +9.74-acre parcel.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D ~l~len~~nt~u'ector ' C~O Manager's Signature
~'~ - '~Planninl~d ZoningDirector City ^ttomey / Finance / Human Resources
S:Wlanning~SI-IARED\WI~PROJECTSXS*nano~ BB~,NEX~$~da Item Request Serrano~Bo~ton ANNEX 03-001 5-6-03.dot
S:~BULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANN]'NG & ZONI'NG DZVZSZON
MEMORANDUM NO. PZ 03-088
Chairman and Members
Planning and Development Board and
Mayor and City Commission
Dick Hudson, AICP
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
April 17, 2003
Serrano at Boynton Beach Annexation (ANEX 03-001) and Land
Use Amendment/Rezoning (LUAR 03-002)
To annex the subject property; reclassify from MR-5 Medium
Density Residential (Palm Beach County) to Medium Density
Residential (City), and rezone from AR-Agricultural Residential to
PUD Planned Unit Development
Property Owner:
Applicant/Agent:
Location:
Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PROJECT OE$CRZP'rZON
Beth Peschl
Paul Bach
(Exhibit "A'~
_+9.74 acres
MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac])
AR-USA, Agricultural-Residential in the Urban Services Area (Palm
Beach County)
Medium Density Residential (9.68 du/ac)
PUD Planned Unit Development
92 fee-simple townhouses
To the northeast, three single family homes in Silverlake Estates
Page 2
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
designated Low Density Residential (LDR) at 4.84 du/ac and
zoned PUD Planned Unit Development. Actual built density of the
PUD is 2.04 du/ac. To the northWest, unincorporated property
developed with one two story single family residence designated
MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA,
Agricultural Residential in the Urban Services Area.
South:
Immediately south are the rights-of-way of the Lake Worth
Drainage District L-28 Lateral Canal and Palmland Drive, then
developed residential (Chanteclair Villas Condominiums)
designated HDR (High Density Residential at 10.8 du/ac) and
zoned R-3 Multi-family Residential (10.8 du/ac). Actual built
density of the duplex unit development is 7.42 du/ac. To the
west of Chateclair Villas is the Palmland Villas development with a
built density of 8.57 du/ac.
East:
Developed Elementary (Crosspointe) School designated PPGI
(Public & Private Governmental/Institutional) and zoned PU Public
Use.
West:
Village of Golf lands designated single family residential and built
at a density of 1.31 du/ac. The property immediately adjacent to
the subject site consists of one single family home on a 1.6 acre
parcel and a portion of a vacant parcel of 4.5 acres.
t4A~FrER/SI'I'E PLAN ANALYS:ZS
All. applications for a rezoning to a PUD Planned Unit Development must be accompanied by a
master/site plan. In this instance, the applicant has provided a master plan. The applicant is
proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the
properly will be provided from Paimland Drive across the L-28 canal, replacing the existing 10
foot wide ingress/egress easement, and a 40 foot road continues north, providing access to the
adjacent single family home to the north. This road also forms a loop approximately 120 feet
inside _the property boundaries. A one-acre lake occupies the center of the property and a one-
quarter acre recreation site is at the southwest corner of the loop road. A 15 foot landscape
buffer completely surrounding the property is also proposed.
Design standards proposed with the master plan call for a maximum of six (6) attached units in
each building and a maximum height of 35 feet. Lot sizes are to be limited to the home
footprint, with yard areas held in common. Building setbacks are as follows:
Front: 20 feet to road/drive edge
Side (Interior): 7.5 feet
Side (Corner): 20 feet to road/drive edge
Rear to Buffer or water management tract: 10 feet (25 foot separation)
The maximum density allowed by the Medium Density Residential land use classification is 9.58
du/ac, which would provide the developer a maximum of 92 units. Haximum height in all
residential zoning districts except R-3 HulU-family Residential is 30 feet. In addition, PUD
Page 3 '
File Number: LUAR 03-002/ANEX 03-001
Serrano at 8oynton Beach
regulations require that perimeter buffers within PUDs must mirror those in abutting
development. With the proposed 15 foot landscape buffer and the proposed rear setback of l0
feet, the buffer of the Silverlake development is mirrored. The rights,of-way of Palmland Drive
and the L-28 Canal, along with the proposed :1.5 foot landscape buffer provide a setback
(separation) from the Chateclair development property line of 170 feet. Similarly, the landscape
buffer and interior road of the development provide a 75 foot distance from property within the
Village of Golf.
PROJECT ANALYSIS
This property is less than 10 acres in size, and therefore this proposed amendment to the
comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance
review" by the Florida Department of Community Affairs (DCA). This means that the proposed
amendment, if approved by the city, will be adopted, then forwarded to the DCA for their
records ("large-scale" amendments cannot be adopted until reviewed for consistency by the
DCA).
State annexation law allows the annexation of enclaves that are less than 10 acres without the
consent of property owners; however, in this instance, the annexation is at the request of the
property owner. Currently, objectives of the annexation program include annexing all enclaves
less than 10 acres in all areas of the City that meet adopted level-of-services standards, and
incrementally annexing enclave properties with the intent to reducing them below the 10-acre
threshold. Normally, when an annexation is consistent with the comprehensive plan policies
addressing annexaUon and will further the efforts of the city's annexation program through
reduction in the number of enclave properties, a full review of the application is not required.
Zn this case, however, staff has prepared a full review.
The criteria used to review Comprehensive Plan amendments and re. zonings are listed in the
Land Development Regulations, Chapter 2, Section 9, ,4dm/n/.~J'al~'on and Enforcement, ]~tem C.
Comprehensive P/an ~Imendments: £ezon/ngs. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Hap.
Whether the proposed rezoning would be cons/stent w/th applicable comprehensive
plan po/lc/es including but not//m/ted to, a prohibi~bn against any increase in
dwelling unit density exceeding 50 in the hurricane evacuatYon zone without wrftten
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning deparbnent shall also recommend #mitations or
requirement~, which would have to be imposed on subsequent development of the
property, in order to comply w/th policies contained in the comprehensive plan.
Sec'don VIII Land Use Problems and OpportuniU¢~; found in the support documents for the
1989 City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states:
"These parcels should be annexed and placed in the Low Density Residentz'a/ land use
category. Development of these properS'es should generally be limited to single-family
detached dwellings, so as to be compatible with the one-story condominiums which lie
to the south and the single-family subdivision lying to the north."
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File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
The recommendations of the Land Use Problems and Opportunities are referenced in the
Comprehensive Plan in the following policy in the Future Land Use Element:
"Policy 1.16.3
The City shall conUnue to enforce the land development regulations to
enforce and implement the po#des that regulate the use and intensity, and
other charactedsUcs for the development of specific areas, as set forth/n the
Land Use Problems and Opportunib'es secO'on of the support documents for
this element. Those recommendat/ens contained/n the Land Use Problems
and OpportuniUes secUon shall apply, regardless of the status of the City's
development regu/aUons, and are hereby incorporated by reference into the
Goals, ObjecO'ves, and Policies of this P/an."
In 2001, one of the parcels making up this enclave, the 18.56 acres of property fronting on
South Congress Avenue, was annexed into the City. At that time, the land use was changed
from the Palm Beach County land use designation of MR-5 (5 du/ac) to Public and Private
Governmental/Institutional (PPGI) and the zoning was changed from AG/USA to PU Public Use.
Since that time, the Palm Beach County School District has constructed Crosspointe Elementary
School on the property. The school, which opened for the current school year, has a capadty
of 970 students. No changes were made to the Problems and Opportunities section to
acknowledge this change; however, public schools are allowed in all residential zoning districts.
~[n 1993, a request was submitted for annexation of the present school site with a land use
amendment from MR-5 (5 du/ac) to Moderate Density Residential (7.26 du/ac) and rezoning
from AR to R-! Single Family Residential to construct 136 dwelling units. A companion text
amendment was submitted to change the language of Sub-seCtion 8.d (cited above) to exclude
the subject parcel from the section. The City Commission unanimously denied the requests.
"ObjecO've 1.19
The City shall evaluate and allow a range of land uses for which the area,
/ocaUon, and intensity of these uses provide a full range of housing
cho/ces...for both exi~'n9 and projected popu/aUons... '; and,
"Policy i. 19.1
The City shall conUnue efforts to encourage a full range of housing
choices, by allow/n9 dens/Ues which can accommodate the approximate
number and type of dwellings for which the demand has been
projected... ~
Proposed development plans for single family attached units on the subject property are
generally consistent with current development trends in the City, although the proposed density
is almost one-half that requested for those other developments.
According to The Development Atlas of Boynton Beach, Florida, releases in May 2002, there are
only four (4) parcels of land remaining within the City that are either designated or have
potential for residential development and that contain more than 1_0 acres. The three other
vacant residential properties designated for residential development, like the subject site, are
less than 10 acres and would be considered infill development.
Page 5
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
Objeddve 1.17
Minimize nu/sance~, hazards, and other adverse /mpact~ to the general
pub//~, to property va/ue~, and to res/denUa/ env/ronment~ by prevenlTh9 or
minimizing/and use con#lcd,, and,
Po/icy 1.17.5
The City shall conUnue to maintain and improve the character of exisUn9
single-family and lower-density neighborhoods, by prevenUn9 conversions
to higher densiUe~, except when cons/stent with adjacent/and uses..."
The master plan provided with the rezoning application, and discussed above, shows that
adequate buffering, which equals that required in the adjacent PUD, will be provided along the
north property line where three single family residences in Silverlake Estates are located.
addition, a 75 foot separation is provided on the west from the corporate limits of the Village of
Golf. With respect to density, the requested density of 9.58 du/ac is considerable higher than
the built densities of the adjacent single family neighborhoods. This circumstance is assumed to
be the main premise behind the Comprehensive Plan recommendation for LDR and single family
homes on this parcel (see items "b" and "e" below.)
Finally, the annexation of this parcel is consistent with policies within the comprehensive plan
dealing with annexation. ];n addiUon, the annexation of the subject property will further the
efforts of the annexation program through reduction in the number or size of enclave
properties. Currently, objectives of the annexation program include annexing all enclaves less
than l0 acres, and to incrementally annex enclave properties with the intent to reducing them
below the 10-acre threshold.
be
Whether the proposed rezonin9 would be contrary to the established land use
pattern, or would create an isolated distn'ct unrelated to adjacent and nearby
distn'c~, or would constitute a grant of special pdvilege to an individual property
owner as contrasted with the proteddon of the public we/fare, and,
Whether the proposed rezoning would be compaUble w/th the current and future
use of adjacent and nearby properUes, or would affect the property values of
adjacent or nearby properUes.
The land use designations and zoning districts surrounding this property, while predominately
residential, have a wide range of densities both assigned and built. Designated densities for
lands within the City of Boynton Beach near this property range from 4.84 du/ac to 10.8 du/ac,
while actual built densities range 2.04 du/ac to 8.57. The request for a designation of Medium
Density Residential, at a density of 9.86 du/ac is arguably a transition between the Iow density
to the north and the high density to the south. Generally the R-2 Duplex Residential zoning
district corresponds with the Medium Density Residential land use designation. Staff, however,
sees a land use designation of Moderate Density Residential, with a density of 7.26 du/ac as
being more of a transition between the existing developments. This would permit the
development of 70 single family homes (22 fewer than are possible with the requested land
use). Development regulations for the zoning districts corresponding to both land use
designations have a height limit of 30 feet, whereas in the R-3 Hulti-Family Residential zoning
district, which corresponds with the High Density Residential land use, the maximum height is
Page 6
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
45 feet. Other design measures may still be appropriate such as adding to the borders against
the single family neighborhoods depending on the final proposed design.
c. Whether changed or changing conditions make the proposed rezoning desirable.
Even though public schools are a permitted use in all residential districts, the development of
the adjacent parcel with a two-story facility with an ultimate capacity of 970 students is a
changing condition that does impact all of the adjacent properties. As stated above (Ztem a),
since public schools are allowed in all residential land .use designations, this change was not
recognized in the Support Documents at the time of the property's annexation, even though it
does impact surrounding existing properties.
d. Whether the proposed use would be compaUb/e w/th uOl/ty systems, roadways, and
other pub/lc f~ci/ilies.
In connection with previous annexation studies, departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues 'related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1)
2)
3)
The enclaves are all immediately adjacent to areas within the city that currently
receive urban services;
Ample service capacity exists to serve unincorporated properties within the
subject enclave; and
Most enclaves currenUy receive service from the city via the mutual aid
agreement (Police and Fire/EMS only).
The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic
study and verified that capacity exists on Congress Avenue to accommodate this proposed
amendment. ]:n addition, the City's Director of Public Works has determined that no
improvements to Palmland Drive will be necessary due to the proposed development.
With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid
Waste Authority has stated that adequate capacity exists to accommodate the county's
municipalities throughout the 10-year planning period. The School District of Palm Beach County
has reviewed the applicaUon and has determined that adequate capacity exists to accommodate
the resident populaUon. Lastly, drainage will also be reviewed in detail as part of the review of
the conditional use applicaUon, and must satisfy all requirements of the city and local drainage
permitting authorities.
f. Whether the property is physically and economically developable under the exisUn9
zoning.
Physically, the property is developable for residential development. At the current designated
density, however, the small size of the property, its location, adjacent uses and zoning districts,
and its physical characteristics may make it infeasible to develop for single family detached
Page 7
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
housing, even as a zero lot line development. :[t would also run counter to the current
development and market trends in single Family housing.
The property is currently located in unincorporated Palm Beach County and has a land use
designation of MR-S, which will allow up to Sdu/ac if developed as a Planned Unit Development.
The property could also be eligible for the County's Bonus Density Program for Affordable
Housing, which could allow a density increase of up to 50%, without a plan amendment il: a
percentage of the un/ts are set aside for affordable housing. However, following the 1993
denial by the City for annexation and land use amendment on the adjacent property, the
owners of that property applied for this density bonus program in the County and were denied.
Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate
development in Boynton Beach.
Whether the proposed re. zoning is ora scale which is reasonably related to the
needs o£ the neighborhood and the city as a whole.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, density, use, value and consistency with
Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum
potential service needs generated by the proposed project. The proposed density is consistent
with that allowed by the requested land use designation, and while it is higher than that of the
single-family residential property to the north, it is similar to that of the adjacent developed
property to the south. However, it is staff's opinion that if built at 7.26 du/ac, the project would
more reasonably relate to the needs of the neighborhood and the City.
h. Whether there are adequate sites elsewhere in the city for the proposed use,/n
distric~ where such use is already allowed.
There are only three parcels in the City classified for residential development at densities
greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to
Palmland Villas, which has a land use designation of High Density Residential (10.8 du/ac). A
second 2 acre parcel with a designation of High Density Residential (10.8 du/ac) is a remnant, in
Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a
court settlement in 1989. Originally limited to development as a Congregate Uving Facility, the
courts have recently agreed that they will consider other b/pes of residential development on
the site. The land use designaUon is High Density Residential (10.8 du/ac). Aside from these
parcels, a similar land use amendment and rezoning would be required for any project of this
type to develop in Boynton Beach.
~ZNTERGOVERNMENTAL cOORD];NAT'ZON
Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally
established to review interjurisdictional land use issues, the ]:ntergovernmental Plan Amendment
Review Committee (]:PARC) was established to continue some minimum coordination among
participating local governments in the county. This organization includes a conflict resolution
program to facilitate the eady discussion and resolution of land use disputes. :[t is anticipated
that the Village of Golf will submit a formal objection to the proposed land use amendment
through the :[PARC. ]:f the objection is filed, prior to ordinance adoption by the City
Page 8
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
Commission, ;[PARC would assemble a "fact-finding panel" to review ~he facts and generate a
position on the proposed amendment. This position would be forwarded to the city for
consideration during its review. Staff: understands the principal object[0ns to be the proposed
density and potential heights, as being incompatible with the Iow density development within
the Village of Golf. The existence of this adjacent land use and how the two properties relate is
described in this report.
CONCLUSTONS / RECOM M ENDA33:ON$
As indicated herein, this request is not consistent with .the recommendation of the Problems and
Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan.
:In addition, a land use amendment request for single family detached residential development
at a lower density was previously denied by the City Commission for property immediately east
of the subject property based on the Comprehensive Plan recommendations and adjacent land
use characteristics compared to the proposed project.
While the amendment will not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan; may be compatible with adjacent land uses and will
contribute to the overall economic development of the City, staff cannot recommend that the
subject request be approved. ~[f the request is approved, there should be a requirement that
staff: initiate an amendment to the cited Sub-section 8.d of the support documents for the 1989
City of Boynton Beach Comprehensive Plan. This additional application, if filed concurrent with
this review, would be transmitted to the state as a large scale amendment and likely be
adopted in December. ];n addition, any conditions of approval recommended by the Planning
and Development Board or the City Commission will be included as Exhibit "B".
J:~,SHRDATA~PIan~Ing~.qHAR~O\Wi~PRO~~ BSV. L,LAR~TAFF RP. PORT
Location' Map
Serrano at Boynton Beach
Exhibit "A"
U
PU
PU
PU
REC
800
800 Feet
Requested City Commission
Meeting Da~s
[] April 1,2003
[] ApfillS, 2003
[] May 6, 2003
[] May20,2003
VIII.-PUBLIC HEARING
ITEM B. I
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
March 17, 2003 (Noon.)
March 31,2003 (Noon)
April 14, 2003 (Noon)
May 5, 2003 (Noon)
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Off~ce
[] June 2, 2003 May 19, 2003 (Noon)
[] June 17, 2003 June 2, 2003 (Noon)
[] July 1, 2003 June 16, 2003 (Noon)
[] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under
Public Hearing. The Planning and Development Board with a 4 to 3 vote recommended that the subject request be denied.
For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-088.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Serrano ~ Boynton (LUAR 03-002)
Paul Bach
Beth Peschl
West of Congress, North of the L-28 Canal
Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm
Beach County) to Medium Density Residential (MeDR).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES.~ ~/~ N/A
Devel<~mem De~a-rtr~e~t ~ir~ctor
City Manager's Signature
~ v -- Pl~rthing and Zon~g'Dh:ect& . City Attorney / Finance / Human Resources
S:XPlanningXSHARED\WPXPROJECTS~Serrano~ BBXLUAR~Agenda Item Request Serrano~Boynton LUAR 03-002 Land Use 5-6-03.dot
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PRO.1ECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANN1'NG & ZON?NG DZVZSTON
MEMORANDUM NO. PZ 03-088
Chairman and Members
Planning and Development Board and
Mayor and City Commission
Dick Hudson, AICP
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
April 17, 2003
Serrano at Boynton Beach Annexation (ANEX 03-001) and Land
Use Amendment/Rezoning (LUAR 03-002)
To annex the subject property; reclassify from MR-5 Medium
Density Residential (Palm Beach County) to Medium Density
Residential (City), and rezone from AR-Agricultural Residential to
PUD Planned Unit Development
Property Owner:
Applicant/Agent:
Location:
Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PRO3ECT DESCR]'PTZON
Beth Peschl
Paul Bach
(Exhibit "A")
+9.74 acres
MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac])
AR-USA, Agricultural-Residential in the Urban Services Area (Palm
Beach County)
Medium Density Residential (9.68 du/ac)
PUD Planned Unit Development
92 fee-simple townhouses
To the northeast, three single family homes in Silverlake Estates
Page 2
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
designated Low Density Residential (LDR) at 4.84 du/ac and
zoned PUD Planned Unit Development. Actual built density of the
PUD is 2.04 du/ac. To the northwest, unincorporated property
developed with one two story single family residence designated
MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA,
Agricultural Residential in the Urban Services Area.
South:
Immediately south are the rights-of-way of the Lake Worth
Drainage District L-28 Lateral Canal and Palmland Drive, then
developed residential (Chanteclair Villas Condominiums)
designated HDR (High Density Residential at 10.8 du/ac) and
zoned R-3 I~lulti-family Residential (10.8 du/ac). Actual built
density of the duplex unit development is 7.42 du/ac. To the
west of Chateclair Villas is the Palmland Villas development with a
built density of 8.57 du/ac.
East:
Developed Elementary (Crosspointe) School designated PPG]:
(Public & Private Governmental/]:nstitutional) and zoned PU Public
Use.
West:
Village of Golf lands designated single family residential and built
at a density of 1.31 du/ac. The property immediately adjacent to
the subject site consists of one single family home on a 1.6 acre
parcel and a portion of a vacant parcel of 4.5 acres.
t4ASTER/$1TE PLAN ANALYS]:S
All applications for a rezoning to a PUD Planned Unit Development must be accompanied by a
master/site plan. ]:n this instance, the applicant has provided a master plan. The applicant is
proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the
property will be provided from Palmland Drive across the L-28 canal, replacing the existing 10
foot wide ingress/egress easement, and a 40 foot road continues north, providing access to the
adjacent single family home to the north. This road also forms a loop approximately 120 feet
inside.the property boundaries. A one-acre lake occupies the center of the property and a one-
quarter acre recreation site is at the southwest corner of the loop road. A 15 foot landscape
buffer completely surrounding the property is also proposed.
Design standards proposed with the master plan call for a maximum of six (6) attached units in
each building and a maximum height of 35 feet. Lot sizes are to be limited to the home
footprint, with yard areas held in common. Building setbacks are as follows:
Front: 20 feet to road/drive edge
Side (]~nterior): 7.5 feet
Side (Corner): 20 feet to road/drive edge
Rear to Buffer or water management tract: 10 feet (25 foot separation)
The maximum density allowed by the Medium Density Residential land use classification is 9.58
du/ac, which would provide the developer a maximum of 92 units. Maximum height in all
residential zoning districts except R-3 Multi-family Residential is 30 feet. ]:n addition, PUD
Page 3 ~"
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
regulations require that perimeter buffers within PUDs must mirror those in abutting
development. With the proposed 15 foot landscape buffer and the proposed rear setback of 10
feet, the buffer of the Silverlake development is mirrored. The rights-of-way of Palmland Drive
and the L-28 Canal, along with the proposed 15 foot landscape buffer provide a setback
(separation) from the Chateclair development property line of 170 feet. Similarly, the landscape
buffer and interior road of the development provide a 75 foot distance from property within the
Village of Golf.
P RO3 ECT ANALYSIS
This property is less than 10 acres in size, and therefore this proposed amendment to the
comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance
review" by the Florida Department of Community Affairs (DCA). This means that the proposed
amendment, if approved by the city, will be adopted, then forwarded to the DCA for their
records ("large-scale" amendments cannot be adopted until reviewed for consistency by the
DCA).
State annexation law allows the annexation of enclaves that are less than 10 acres without the
consent of property owners; however, in this instance, the annexation is at the request of the
property owner. CurrenUy, objectives of the annexation program include annexing all enclaves
less than 10 acres in all areas of the City that meet adopted level-of-services standards, and
incrementally annexing enclave properties with the intent to reducing them below the 10-acre
threshold. Normally, when an annexation is consistent with the comprehensive plan policies
addressing annexation and will further the efforts ofthe city's annexation program through
reduction in the number of enclave properties, a full review of the application is not required.
In this case, however, staff has prepared a full review.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Adm/n/strafion and Enforcement, Item C.
Comprehens/ve P/an Amendments: Rezon/ngs. These criteda are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
Whether the proposed rezoning would be cons/stent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall a/so recommend Iimita~'ons or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with po/ides contained in the comprehensive plan.
Section V~:I:I Land Use Problems and Opportunities; found in the support documents for the
1989 City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states:
"These parcels should be annexed and p/aced /n the Low Density Res/dent/a/land use
category. Development of these properb'es should generally be/irn/ted to sing/e-fam//y
detached dwellings, so as to be compatible w/th the one-story condominiums which lie
to the south and the single-family subdivision lying to the north."
Page 4
File Number: LUAR 03-002/ANEX 03-001
Serrano at 8oynton Beach
The recommendations of the Land Use Problems and Opportunities are referenced in the
Comprehensive Plan in the following policy in the Future Land Use Element:
Poi~o/1.16. 3
The City shall continue to enforce the land development regulations to
enforce and implement the po#des that regulate the use and intensity, and
other character/st/cs for the development of specific areas, as set forth/n the
Land Use Problems and Opportunities section of the support documents for
this element. Those recommendations contained in the Land Use Problems
and Opportunities section shall apply, regard/ess of the status of the City's
development regu/a~bns, and are hereby incorporated by reference into. the
Gods, Objectives, and Po#c/es of this Plan."
In 2001, one of the parcels making up this enclave, the 18.56 acres of property fronting on
South Congress Avenue, was annexed into the City. At that time, the land use was changed
from the Palm Beach County land use designation of MR-5 (5 du/ac) to Public and Private
Governmental/Institutional (PPG]:) and the zoning was changed from AG/USA to PU Public Use.
Since that time, the Palm Beach County School District has constructed Crosspointe Elementary
School on the property. The school, which opened for the current school year, has a capacity
of 970 students. No changes were made to the Problems and Opportunities section to
acknowledge this change; however, public schools are allowed in all residential zoning districts.
In 1993, a request was submitted for annexation of the present school site with a land use
amendment from MR-5 (5 du/ac) to Moderate Density Residential (7.26 du/ac) and rezoning
from AR to R-1 Single Family Residential to construct 136 dwelling units. A companion text
amendment was submitted to change the language of Sub-section 8.d (cited above) to exclude
the subject parcel from the section. The City Commission unanimously denied the requests.
"Objective 1.19
The City shall evaluate and allow a range of land uses for which the area,
location, and intensity of these uses provide a full range of housing
choices...for both ex/sting and projected populations... '<, and,
"Policy 1.19.1
The City shall continue efforts to encourage a full range of housing
choices, by a/lowing densities which can accommodate the approximate
number and type of dwd#ngs for which the demand has been
projected..."
Proposed development plans for single family attached units on the subject property are
generally consistent with current development trends in the City, although the proposed density
is almost one-half that requested for those other developments.
According to The Development Atlas of Boynton Beach, Florida, releases in May 2002, there are
only four (4) parcels of land remaining within the City that are either designated or have
potential for residential development and that contain more than 10 acres. The three other
vacant residential properties designated for residential development, like the subject site, are
less than 10 acres and would be considered infill development.
Page 5
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
Object'ye 1.17
Minimize nuisances, hazards, and other adverse impacts to the genera/
pub#c, to property values, and to res/denLT'a/ environments by preventing or
minimizing/and use conrT/cts;, and,
Polio/1.17.5
The City shall continue to maintain and improve the character of ex/sOng
single-family and lower-density neighborhoods, by preventing conversions
to higher densities, except when cons/stent with adjacent/and uses..."
The master plan provided with the rezoning application, and discussed above, shows that
adequate buffering, which equals that required in the adjacent PUD, will be provided along the
north property line where three single family residences in Silverlake Estates are located.
addition, a 75 foot separation is provided on the west from the corporate limits of the Village of
Golf. With respect to density, the requested density of 9.58 du/ac is considerable higher than
the built densities of the adjacent single family neighborhoods. This circumstance is assumed to
be the main premise behind the Comprehensive Plan recommendation for LDR and single family
homes on this parcel (see items "b" and "e" below.)
Finally, the annexation of this parcel is consistent with policies within the comprehensive plan
dealing with annexation. ]:n addition, the annexation of the subject property will further the
efforts of the annexation program through reduction in the number or size of enclave
properties. Currently, objectives of the annexation program include annexing all enclaves less
than 10 acres, and to incrementally annex enclave properties with the intent to reducing them
below the 10-acre threshold.
Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated d/stn'ct unrelated to adjacent and nearby
districts, or would consb'tute a grant of spec/al pr/v/lege to an individual property
owner as contrasted with the protect/on of the public we/fare, and,
Whether the proposed rezoning would be compatible w/th the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby proper~'es.
The land use designations and zoning districts surrounding this property, while predominately
residential, have a wide range of densities both assigned and built. Designated densities for
lands within the City of Boynton Beach near this property range from 4.84 du/ac to 10.8 du/ac,
while actual built densities range 2.04 du/ac to 8.57. The request for a designation of Medium
Density Residential, at a density of 9.86 du/ac is arguably a transition between the Iow density
to the north and the high density to the south. Generally the R-2 Duplex Residential zoning
district corresponds with the Medium Density Residential land use designation. Staff, however,
sees a land use designation of Moderate Density Residential, with a density of 7.26 du/ac as
being more of a transiUon between the existing developments. This would permit the
development of 70 single family homes (22 fewer than are possible with the requested land
use). Development regulations for the zoning districts corresponding to both land use
designations have a height limit of 30 feet, whereas in the R-3 Multi-Family Residential zoning
district, which corresponds with the High Density Residential land use, the maximum height is
Page 6
File Number: LUAR 03-002JANEX 03-001
Serrano at 8oynton Beach
45 feet. Other design measures may still be appropriate such as adding to the borders against
the single family neighborhoods depending on the final proposed design.
c. Whether changed or changing condit/ons make the proposed rezon/ng des/rab/e.
Even though public schools are a permitted use in all residential districts, the development of
the adjacent parcel with a two-story facility with an ultimate capacity of 970 students is a
changing condition that does impact all of the adjacent properties. As stated above (Item a),
since public schools are allowed in all residential land use designations, this change was not
recognized in the Support Documents at the time of the property's annexation, even though it
does impact surrounding existing properties.
d. Whether the proposed use would be compatib/e w/th ut//ity systems, roadways, and
other pub//¢ fa¢///~'es.
]:n connection with previous annexation studies, departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues 'related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
2)
3)
The enclaves are all immediately adjacent to areas within the city that currently
receive urban services;
Ample service capacity exists to serve unincorporated properties within the
subject enclave; and
Host enclaves currently receive service from the city via the mutual aid
agreement (Police and Fire/EHS only).
The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic
study and verified that capacity exists on Congress Avenue to accommodate this proposed
amendment. In addition, the City's Director of Public Works has determined that no
improvements to Palmland Drive will be necessary due to the proposed development.
With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid
Waste Authority has stated that adequate capacity exists to accommodate the county's
municipalities throughout the 10-year planning period. The School District of Palm Beach County
has reviewed the application and has determined that adequate capacity exists to accommodate
the resident population. Lastly, drainage will also be reviewed in detail as part of the review of
the conditional use application, and must satisfy all requirements of the city and local drainage
permitting authorities.
f. Whether the property is physica//y and econorn/cally deve/opab/e under the exis~'ng
zoning.
Physically, the property is developable for residential development. At the current designated
density, however, the small size of the property, its location, adjacent uses and zoning districts,
and its physical characteristics may make it infeasible to develop for single family detached
Page 7
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
housing, even as a zero lot line development. It would also run counter to the current
development and market trends in single family housing.
The property is currently located in unincorporated Palm Beach County and has a land use
designation of MR-5, which will allow up to 5du/ac if developed as a Planned Unit Development.
The property could also be eligible for the County's Bonus Density Program for Affordable
Housing, which could allow a density increase of up to 50%, without a plan amendment if a
percentage of the units are set aside for affordable housing. However, following the 1993
denial by the City for annexation and land use amendment on the adjacent property, the
owners of that property applied for this density bonus program in the County and were denied.
Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate
development in Boynton Beach.
Whether the proposed rezoning is ora scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, density, use, value and consistency with
Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum
potential service needs generated by the proposed project. The proposed density is consistent
with that allowed by the requested land use designation, and while it is higher than that of the
single-family residential property to the north, it is similar to that of the adjacent developed
property to the south. However, it is staff's opinion that if built at 7.26 du/ac, the project would
more reasonably relate to the needs of the neighborhood and the City.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are only three parcels in the City classified for residential development at densities
greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to
Palmland Villas, which has a land use designation of High Density Residential (10.8 du/ac). A
second 2 acre parcel with a designation of High Density Residential (10.8 du/ac) is a remnant, in
Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a
court settlement in 1989. Originally limited to development as a Congregate Uving Facility, the
courts have recently agreed that they will consider other types of residential development on
the site. The land use designation is High Density Residential (10.8 du/ac). Aside from these
parcels, a similar land use amendment and rezoning would be required for any project of this
type to develop in Boynton Beach.
ZNTERGOVERNMENTAL ¢00RDZNA'i-'ZQ~u
Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally
established to review interjurisdictional land use issues, the ]~ntergovernmental Plan Amendment
Review Committee (]:PARC) was established to continue some minimum coordination among
participating local governments in the county. This organization includes a conflict resolution
program to facilitate the early discussion and resolution of land use disputes. ]:t is anticipated
that the Village of Golf will submit a formal objection to the proposed land use amendment
through the ]:PARC. ]:f the objection is filed, prior to ordinance adoption by the City
Page 8
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
Commission, ][PARC would assemble a "fact-finding panel" to review the facts and generate a
position on the proposed amendment. This position would be forwarded to the city for
consideration during its review. Staff understands the principal objections to be the proposed
density and potential heights, as being incompatible with the Iow density development within
the Village of Golf. The existence of this adjacent land use and how the two properties relate is
described in this report.
CONCLUS1~ONS/RECOHMENDA'FIONS
As indicated herein, this request is not consistent with -the recommendation of the Problems and
Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan.
][n addition, a land use amendment request for single family detached residential development
at a lower density was previously denied by the City Commission for property immediately east
of the subject property based on the Comprehensive Plan recommendations and adjacent land
use characteristics compared to the proposed project.
While the amendment will not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan; may be compatible with adjacent land uses and will
contribute to the overall economic development of the City, staff cannot recommend that the
subject request be approved. ][f the request is approved, there should be a requirement that
staff initiate an amendment to the cited Sub-section 8.d of the support documents for the 1989
City of Boynton Beach Comprehensive Plan. This additional application, if filed concurrent with
this review, would be transmitted to the state as a large scale amendment and likely be
adopted in December. ][n addition, any conditions of approval recommended by the Planning
and Development Board or the City Commission will be included as Exhibit "B".
.i:\SHRDATA\P~nnlng\$HARED\WI~PRO.1EC~ BB\LUAR'~rAF'F REPORT NEW.doc
Location' Map
Serrano at Boynton Beach
Exhibit "A"
PU
PU
PU
REC
800
800 FNt
Requested City Commission
Meeting Dates
[] April 1,2003
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEA(
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
March 17, 2003 (Noon.)
March 3 l, 2003 (Noon)
April 14, 2003 (Noon)
May 5, 2003 (Noon)
Requested City Commission
Meeting Dates
[] June 2, 2003
[] June 17, 2003
[] July l, 2003
[] July 15,2003
Date Final Form Must be Turned
in to City Clerk's Office
May 19, 2003 (Noon)
June 2, 2003 (Noon)
June 16, 2003 (Noon)
June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Busmess
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under
Public Hearing. The Planning and Development Board with a 4 to 3 vote recommended that the subject requests be
denied. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-088.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Serrano ~ Boynton (LUAR 03-002)
Paul Bach
Beth Peschl
West of Congress, North of the L-28 Canal
Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit
Development (PUD).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: .~! N/A
D evel61~enfD epa*rtm~ni-ISire~or
Planning and Zot~g lJi~ector City Attorney / Finance / Human Resources
J:XSHRDATAXPlanningXSHARED\WPXPROJECTSXSerrano~ BBXLUARXAgenda Item Request Serrano~Boynton LUAR 03-002 Rezone 5-6-03.dot
S:~BULLETINXFORMSX~AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PRO.,1ECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNTNG & ZONZNG DI'V'~SZON
MEMORANDUM NO. PZ 03-088
Chairman and Members
Planning and Development Board and
Mayor and City Commission
Dick Hudson, A[CP
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
April 17, 2003
Serrano at Boynton Beach Annexation (ANEX 03-001) and Land
Use Amendment/Rezoning (LUAR 03-002)
To annex the subject property; reclassify from MR-5 Medium
Density Residential (Palm Beach County) to Medium Density
Residential (City), and rezone from AR-Agricultural Residential to
PUD Planned Unit Development
Property Owner:
Applicant/Agent:
Location:
Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PRO3ECT DE$¢RZPTZON
Beth Peschl
Paul Bach ~
(Exhibit "A'9
_+9.74 acres
MR-$ (Palm Beach County) (3-5 dwelling units per acre [du/ac])
AR-USA, Agricultural-Residential in the Urban Services Area (Palm
Beach County)
Medium Density Residential (9.68 du/ac)
PUD Planned Unit Development
92 fee-simple townhouses
To the northeast, three single family homes in Silvedake Estates
Page 2 C;
File Number: LUAR 03-002/ANEX 03-001
Serrano at 8oynton Beach
designated Low Density Residential (LDR) at 4.84 du/ac and
zoned PUD Planned Unit Development. Actual built density of the
PUD is 2.04 du/ac. To the northwest, unincorporated property
developed with one two story single family residence designated
MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA,
Agricultural Residential in the Urban Services Area.
South:
Immediately south are the rights-of-way of the Lake Worth,
Drainage District L-28 Lateral Canal and Palmland Drive, then
developed residential (Chanteclair Villas Condominiums)
designated HDR (High Density Residential at 10.8 du/ac) and
zoned R-3 Multi-family Residential (10.8 du/ac). Actual built
density of the duplex unit development is 7.42 du/ac. To the
west of Chateclair Villas is the Palmland Villas development with a
built density of 8.57 du/ac.
East:
Developed Elementary (Crosspointe) School designated PPGI
(Public &Pdvate Governmental/Institutional) and zoned PU Public
Use.
Village of Golf lands designated single family residential and built
at a density of 1.31 du/ac. The property immediately adjacent to
the subject site consists of one single family home on a 1.6 acre
parcel and a portion of a vacant parcel of 4.5 acres.
I~IASTER/$1'I'E PLAN ANALY$!_~
All-applications for a rezoning to a PUD Planned Unit Development must be accompanied by a
master/site plan. In this instance, the applica?it has provided a master plan. The applicant is
proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the
property will be provided from Paimland Drive across the L-28 canal, repladng the existing 10
foot wide ingress/egress easement, and a 40 foot road continues north, providing access to the
adjacent single family home to the north. This road also forms a loop approximately 120 feet
inside the property boundaries. A one-acre lake occupies the center of the property and a one-
quarter acre recreation site is at the southwest comer of the loop road. A 15 foot landscape
buffer completely surrounding the property is also proposed.
Design standards proposed with the master plan call for a maximum of six (6) attached units in
each building and a maximum height of 35 feet. Lot sizes are to be limited to the home
footprint, with yard areas held in common. Building setbacks are as follows:
Front: 20 feet to road/drive edge
Side (Interior): 7.5 feet
Side (Comer): 20 feet to road/drive edge
Rear to Buffer or water management tract: 10 feet (25 foot separation)
The maximum density allowed by the Medium Density Residential land use classification is 9.58
du/ac, which would provide the developer a maximum of 92 units. Maximum height in all
residential zoning distrfcts except; R-3 Multi-family Residential is 30 feet. In addition, PUD
Page 3
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
regulations require that perimeter buffers within PUDs must mirror those in abutting
development. With the proposed 15 foot landscape buffer and the proposed rear setback of l0
feet, the buffer of the Siivertake development is mirrored. The rights:of-way of Palmland Drive
and the L-28 Canal, along with the proposed 15 foot landscape buffer provide a setback
(separation) from the Chatedair development property line of 170 feet. Similarly, the laodscape
buffer and interfor road of the development provide a 75 foot distance from property within the
Village of Golf.
!
PRO3ECT ANALYSZS
This property is less than 10 acres in size, and therefore this proposed amendment to the
comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance
review" by the Florida Department of Community Affairs (DCA). This means that the proposed
amendment, if approved by the city, will be adopted, then forwarded to the DCA for their
records C'large-scale" amendments cannot be adopted until reviewed for consistency by the
DCA).
State annexation law allows the annexation of enclaves that are less than 10 acres without the
consent of property owners; however, in this instance, the annexation is at the request of the
property owner. Currently, objectives of the annexation program include annexing all enclaves
less than 10 acres in all areas of the City that meet adopted level-of-services standards, and
incrementally annexing enclave properties with the intent to reducing them below the lO-acre
threshold. Normally, when an annexation is consistent with the comprehensive plan policies
addressing annexation and will further the efforts of the city's annexation program through
reduction in the number of enclave properties, a full review of the application is not required.
In this case, however, staff has prepared a full review.
The criteria used to review Comprehensive Plan amendments and re. zonings are listed in the
Land Development Regulations, Chapter 2, Se~'~don 9, Adm/n/5~'ab'on and En£orcemen¢ item C.
Comprehensive Plan Amendments: £ezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Hap.
Whe~er the proposed rezon/ng would be cons/stent w/th applicable comprehensive
p/an po//de~ including but not//m/ted to, a proh/b/b'on against any/no'ease/n
dwelling unit dens/b/exceeding SO/n the hurrfcane evacuat]'on zone without wrftten
approval of the Palm 8each County EmerFency Planning D/~s/on and the O~y~s ?fs/c
manager. The planning depar~nent shall a/so recommend//m/tat]'ons or
requ/rement:~? which would have to be imposed on subsequent development of the
prope.r~y, /n or, er to comply w/th po/lc/es contained/n the comprehensive p/an.
Section VIII Land Use Problems and OoportunitiPq; found in the support documents for the
lg8g City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states:
"These parcels should be annexed and p/aced in the Low Density Residential land use
category. Development o£ these properties should generally be//m/ted to single-family
detached dwellings, so as to be compab'b/e w/th the one-story condomn/ums which lie
to the south and the s/ng/e-Pami/y subdivision lying to the north. ~
Page 4
File Number: LUAR 03-002/ANEX 03-001
Serrano at 8oynton Beach
The recommendations of the Land Use Problems and Opportunities are referenced in ~he
Comprehensive Plan in the following policy in the Future Land Use Element:
"Po~icy 1.1G.3
The Ob/shall conUnue to enforce the land development regulatzbns to
enforce and implement the po/ides that regulate the use and intensity, and
other charactedsUcs for the development of spedtfc areas, as set forth in the
Land Use Problems and OpportuniUes sec~bn of the support documen~ for
this element. Those recommendatzbns contained in the Land Use Problems
and OpportuniUes secUon shall apply, regard/ess of the status of the City's
development regu/atzbns, and are hereby incorporated by reference into the
Goals, Object'yes, and Po/ides of this Plan."
"Policy !.I9. I
In 2001, one of the parcels maldng up this enclave, the 18.56 acres of property fronting on
South Congress Avenue, was annexed into the Ob/. At that time, the land use was changed
from the Palm Beach Counb/land use designation of MR-S (5 du/ac) to Public and Private
Governmental/Institutional (PPGI) and the zoning was changed from AG/USA to PU Public Use,
Since that time, the Palm Beach Counb/School Disbic~ has constructed Crosspointe Elementary
School on the property. The school, which oPened for the current school year, has a capadb/
of 970 students. No changes were made to the Problems and Opportunities sectio~ to
acknowledge this change; however, public schools are allowed in all residential zoning districts.
In 1993, a request was submitted for annexation of the present school site with a land use
amendmenl: from MR-5 (5 du/ac) to Moderate Dens/b/Residential (7.26 du/ac) and rezoning
from AR to R-1 Single Family Residential to cons~ct 136 dwelling units. A companion text
amendment was submitted to change the language of Sub-section 8.d (cited above) to exclude
the subject parcel from the section. The Cib/Commission unanimously denied the requests.
"ObjecUve I. I9 The Ob/shall evaluate and allow a range of/and uses for which the area,
Iocatzbn, and/ntendb/of these uses prowde a full range of houdn9
cho/ces...for both exim'n9 and projected popu/abbns... ", and,
The Ob/shall cenUnue effort~ to encourage a full range of houdn9
choices, by allow/n9 dendUes which can accommodate the approximate
number and type of dwel#ngs for which the demand has been
proiected, oo '
Proposed development plans for single family a~tached units on the subject property are
generally consistent with current development b'ends in the Cib/, although the proposed densib/
is almo~ one-half that requested for those other developments.
According to The Development Al~as of Boynton Beach, Florida, releases in May 2002, there are
only four (~,) parcels of land remaining within the Cib/that are either designated or have
pof:enlJal for residential development and that contain more than 10 acres. The three other
vacant residential properties designated for residential development, like the subject site, are
less than 10 acres and would be considered infill development.
Page 5
File Number: LUAR 03-002/ANEX 03-00!
Serrano at Boynton Beach
Objeda've 1.17 Minimize nuisances, hazards, and other adverse impacts to the general
public, to property values, and to reddential environments by prevent~'n9 or
minimi~'ng /and use con#icrc, and,
Po/icy 1.17.5 The Oty shall condnue to maintain and improve the character of ex/sOng
tingle-family and lower-density neighborhoods, by preventing conversions
to higher dens/Des, except when cons/stent with adjacent land us~e... "
The master plan provided with the rezoning application, and discussed above, shows that
adequate buffering, which equals that required in the adjacent PUD, will be provided along the
north property line where three single family residences in Silverlake Estates are located. In
addition, a 75 foot separation is provided on the west fi-om the corporate limits of the Village of
Golf. With respect ~o density, the requested density of 9.58 du/ac is considerable higher than
~he built densities of the adjacent single family neighborhoods. This drcumstance is assumed to
be the main premise behind the Comprehensive Plan recommendation for LDR and single family
homes on this parcel (see items "b" and "e" below.)
Finally, the annexation of this parcel is consistent with polides within the comprehensive plan
dealing with annexation. ]:n addition, the annexation of the subject property will further the
efforts of the annexation program through reduCdon in the number or size of enclave
properties. Currently, objectives of the annexation program include annex/ng all enclaves less
than 10 acres, and 133 incrementally annex enclave properties with the intent to reducing them
below the ].O-acre threshold.
Whether the proposed rezoning would be conb-ary to the established land use
pattern, or would create an/so/ated dis~n'ct unrelated to adjacent and nearby
disLn'cts, or would conso'tute a gr~nt of special privilege to an individual property
owner as contrasted with the protecb'on of the pub#c welfare, and,
Whether the proposed rezoning would be compaO'b/e with the current and future
use of adjacent and nearby properb'e$, or would affect the property values of
adjacent or nearby properties.
The land use designations and zoning districts surrounding this properLy, while predominately
residential, have a wide range of densities both assigned and built. Designated densities for
lands within the Cib/of Boynton Beach near this property range from ~,.84 du/ac to Z0.8 du/ac,
while actual built densities range 2.04 du/ac to 8.57. The request for a designation of Hedium
Density Residential, at a density of 9.86 du/ac is arguably a transition between the Iow density
to the north and the high density to the south. Generally the R-2 Duplex Residential zoning
district corresponds with the Hedium Density Residential land use designation. SL-aff, however,
sees a land use designation of Moderate Density Residential, with a dens/b/of 7.26 du/ac as
being more of a transition beb~een the existing developments. This would permit the
development of 70 single family homes (22 fewer than are possible with the requested land
use). Development regulations for the zoning dist~cts corresponding to both land use
designations have a height limit of 30 feet, whereas in the R-3 Multi-Family Residential zoning
district, which corresponds with the High Density Residential land use, the maximum height is
Page 6 ..
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
45 feet. Other design measures may still be appropriate such as adding to the borders against
the single family neighborhoods depending on the final proposed design.
c. Whether changed or changing condibbn$ make the proposed rezoning desirable.
Even though public schools are a permitted use in all residential districts, the development of
the adjacent parcel with a ~wo-story facility with an ultimate capadty of, 970 students is a
changing condition that does impact all of the adjacent properties. As stated above (]:ter~ a),
since public schools are allowed in all residential land use designations, this change was not
recognized in the Support Documents at the time of the property's annexation, even though it
does impact surrounding existing properties.
d. Whether the proposed use would be compaO'b/e w/th uO'/ity 5ystem~, roadways, and
other public i~d//Ee~.
In conneddon with previous annexaUon studies, departments most affected by annexaUons
(e.g. Police, Fire, and Public Works), have been surveyed for issues 'related to servfce capability
and costs. All opinions previously collected from these departments supported the incremental
annexaUon of' enclaves. These opinions have been based on the following:
2)
The enclaves are all immediately adjacent to areas within the city that currently
receive urban services;
Ample service capacity exists to serve unincorporated properties within the
subject endave; and
Host endaves currently receive service from the db/via the mutual aid
agreement (Police and Fire/EMS only).
The Palm Beach County Traffic Engineering D~artment has reviewed the applicant's traffic
study and verified that capadty exists on Congress Avenue to accommodate this proposed
amendment. ]:n addition, the City's Director of, Public Works has determined that no
improvements to Palmland Ddve will be necessary due to the proposed development.
With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid
Waste Authority has stated that adequate capadty exists to accommodate the county's
munidpalities throughout the 10-year planning period. The School District of' Palm Beach County
has reviewed the application and has determined that adequate capadty exists to accommodate
the resident population. Lastly, drainage will also be reviewed in detail as part of, the review of
the conditional use application, and must satisfi/all requirements of, the city and local drainage
permitting authorities.
f. Whether the property/sphysically and economically developable under the exi~'dng
zoning.
Physically, the property is developable for residential development At the current designated
density, however, the small size of the property, its location, adjacent uses and zoning districts,
and its physical characteristics may make it inf,easible to develop for single family detached
Page 7
File Number: LUAR 03-002/ANEX 03-00!
Serrano at Boynton Beach
housing, even as a zero lot line development. [t would also run counter to the current
development and market trends in single family housing.
The property is currently located in unincorporated Palm Beach County and has a land use
designation of MR-5, which will allow up to 5du/ac if developed as a Planned Unit Development.
The property could also be eligible for the County's Bonus Density Program for Affordable
Housing, which could allow a density increase of up to 50%, without a plan amendment if a
percentage of the units are set aside for affordable housing. However, following the I99B
denial by the City for annexation and land use amendment on the adjacent property, the
owners of that property applied for this density bonus program in the County and were denied.
Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate
development in Boynton Beach.
g. Whether the proposed rezoning /s o£ a scale which/s reasonably related to the
needs o£ the ne/ghborhood and the c/b/ as a whole.
Crfteda for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, density, use, value and consistency with
Comprehensive Plan polities. As indicated above, ample capadty exists to serve the maxfmum
potential service needs generated by the proposed project. The proposed density is consistent
with that allowed by the requested land use designation, and while it is higher than that of the
single-family residential property to the north, it is similar to that of the adjacent developed
property to the south. However, it is staff's opinion that if built at 7.26 du/ac, the project would
more reasonably relate to the needs of the neighborhood and the Qty.
h. Whether there are adequate site~ elsewhere in the c/b/ for the proposed use, in
dis~7'c~ w~ere such use is a/ready a/lowed.
There are only three parcels in the' City classified for resid~i~tiai development at densities
greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to
Palmland Villas, which has a land use designation of High Density Residential (:~0.8 du/ac). A
second 2 acre parcel with a designation of High Density Residential (:[0.8 du/ac) is a remnant, in
Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a
court settlement in ~.989. Originally limited to development as a Congregate Uving Facility, the
courts have recently agreed that they will consider other types of residential development on
the site. The land use designation is High Density Residential (:[0.8 du/ac). Aside from these
parcels, a similar land use amendment and rezoning would be required for any project of this
type to develop in Boynton Beach.
INTERGOVERNMENTAL COORDINATIO!u
Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally
established to review interjudsdictional land use issues, the Intergovernmental Plan Amendment
Review. Committee ([PARC) was established to continue some minimum coordination among
participating local governments in the county. This organization includes a conflict resolution
program to fadlitate the eady discussion and resolution of land use disputes. It is antidpated
that the Village of Golf will submit a formal objection to the proposed land use amendment
through the [PARC. If the objection is filed, prior to ordinance adoption by the City
Page 8 .....
File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
Commission, IPARC wOuld assemble a "fact-finding panel" to review the facts and generate a
posiUon on the proposed amendment. This position would be forwarded to the db/for
consideration during its review. Staff understands the prindpal objections to be the proposed
densib/and potenUal heights, as being incompaUble with the Iow density development within
the Village of Golf. The existence of this adjacent land use and how the two properties relate is
described in this report.
CONCLUS:[ONS / RECOMMENDA'rZON~ ,,
As indicated herein, this request is not consistent witi~.the recommendation of the Problems and
Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan.
In addition, a land use amendment request for single family detached residential development
at a lower density was previously denied by the City Commission for property immediately east
of the subject property based on the Comprehensive Plan recommendations and adjacent land
use characteristics compared to the proposed project.
While the amendment will not create additional impacts on infrastructure that have not been
antidpated in the Comprehensive Plan; may be compatible with adjacent land uses and will
contribute to the overall economic development of the City, staff cannot recommend that the
subject request be approved. ];f the request is approved, there should be a requirement that
staff initiate an amendment to the cited Sub-seddon 8.d of the support documents for the 1989
City of Boynton Beach Comprehensive Plan. This additional application, if filed concurrent wfth
this review, would be transmitted to the state as a large scale amendment and likely be
adopted in December. In addition, any conditions of approval recommended by the Planning
and Development Board or the Cib/Commission will be included as Exhibit "B".
CITY OF BOYNTON BEAC} VIII.-PUBLIC HEARING
AGENDA ITEM REQUEST FO] ITEM C.
Requested City Commission
Meeting Dates
[] April 1, 2003
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
Date Final Form Must be Turned
in to City Clerk's Office
March 17, 2003 (Noon.)
March 31,2003 (Noon)
April 14, 2003 (Noon)
May 5, 2003 (Noon)
Requested City Commission
Meeting Dates
[] June2,2003
[] June 17, 2003
[] July 1,2003
[] July 15, 2003
Date Final Form Must be Turned
in to City Clerk's Office
May 19, 2003 (Noon)
June 2, 2003 (Noon)
June 16, 2003 (Noon)
June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consem Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under
Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request
be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-086.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Eckerd Drugs ~ Target (COUS 03-001)
Erik Wilczek, P.E., Kimley-Hom & Associates, Inc.
Andrew Berger, American Development Corp.
1895 N. Congress Avenue, Target Shopping Center
Request for conditional use approval for a drive-through facility in an existing 11,786
square foot building on a 2.27-acre parcel.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D eve 1 o~n~ n~ 'D e~-taTnin~ Director
Planmng ~d Zo~g Dkector
City Attorney / Finance / Human Resources
S:WlanningXSHARED\WPLPROJECTSWva:kerd Drugs Projects\COUS 03-001 ~ Target~Agenda Item RequestEckerd Drugs~Target COUS 03-001 5-6-
03 .dot
S:XBULLETIN~ORMS~,GENDA ITEM REQUEST FORM.DOC
TO:
TH RU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-086
Chairman and Members
Planning & Development Board
Eric Lee Johnson, AICP
Planner
Michael Rumpf
Director of Planning and Zoning
April 17, 2003
Eckerd @ Target Commercial Center / COUS 03-001
Conditional Use approval for a drive-through facility
Property Owner:
Applicant/Agent:
Location:
Existing Land Use/Zoning:
Proposed Land Use/Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
PRO.,1ECT DE~;CRZPTLON
Andrew Berger / American Development Corporation
Erik J. Wilczek/Kimley-Horn and Associates, Inc.
1895 North Congress Avenue (see Exhibit "A'- Location Map)
Local Retail Commercial (LRC) / Community Commercial (C-3)
No change proposed
Pharmacy with drive-through facility
98,745 square feet / 2.27 acres
Remainder of Target shopping plaza, zoned Community Commercial (C-3),
farther north is right-of-way for Gateway Boulevard;
Catalina Shopping Center, zoned Community Commercial (C-3);
Right-of-way for Congress Avenue, then farther east is Motorola, zoned
Planned Industrial Development (PID);
West: Remainder of Target shopping plaza, zoned Community Commercial (C-3).
Eckerd at Target Shopping Center - COUS 03-001
Page 2
Memorandum No. PZ 03-086
BACKGROUND
Erik J. Wilczek, agent for Eckerd is seeking conditional use / major site plan modification approval for
pharmacy with a drive-through facility.
The applicant proposes to occupy an existing one (1) story 11,786 square foot building currently
occupied by Rack Room Shoes and previously occupied by Barnes & Noble, and Bookstop. The existing
building is located on Parcel "A" of the Target Commercial Center. Parcel "A", which is 2.27 acres, is
comprised of the subject stand-alone building as well as a number of smaller in-line bays (14,200 square
feet). The Target Commercial Center is comprised of three (3) main parcels, namely Parcel "A" which
was already described, Parcel "B", which is the Target store, and Parcel "C", a stand-alone Carrabba's
restaurant. The fourth parcel (Parcel "D") is subordinate and is comprised of the buffer and swale area
of the shopping center's perimeters along Gateway Boulevard and Congress Avenue.
The proposed pharmacy is a permitted use in the C-3 zoning district but the drive-through feature
requires conditional use approval (see Exhibit '~D" - Justification). The drive-through facility would be
located on the east portion of the existing stand-alone building on Parcel "A'; facing Congress Avenue.
The facility would have one drive-through lane, running much of the length of the eastern fa(;ade. This
drive-through lane would eliminate ten (10) parking spaces. The parking is shared throughout the entire
shopping center (all three (3) main parcels). Unlike a Planned Commercial Development (PCD) such as
Grove Plaza or BJ's Wholesale Club, the Target Commercial Center is not a master plan. However, the
modifications proposed to Parcel "A" impact the entire shopping center. Therefore, a major site plan
modification (MSPM 03-003) to the Target site plan is being processed concurrently with this conditional
use application. If approved, the construction of the drive-through facility, the proposed building fa(;ade
enhancements, and the installation of plant matedal would occur in one (1) phase.
:~;'I'ANDARD~; FOR EVALUA'rZNG CONDTr]:ONAL USES AND ANALYS?S
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to standards.
The Planning and Development Board and City Commission shall consider only such conditional uses as
are authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
Eckerd at Target Shopping Center - COUS 03-001
Page 3
Memorandum No. PZ 03-086
Comparable to outparcels located/n Planned Commercial Development Distr/cS, this project would
utilize existing access drives of the Target Commercial Center. Current/y, the shopping plaza has two
(2) main po/nS of ingress / egress. One of the two po/nS/s an access drive that/s shared w/th the
Catalina Shopping Center to the south. The other point of access/s located on Parcel "B" along
Gateway Boulevard. None of these access points would be altered as a result of the proposed site
/mprovemenS.
Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Required parking for pharmacies is one (1) space per 200 square feet of gross floor area. The
existing bu#d/ng that Eckerd would occupy is 11,786 square feet in area. No building additions are
proposed to the existing structure. However, the proposed drive-through lane, proposed along the
eastern fagade would e#minate ten (10) existing parking spaces. The existing building, coupled w/th
the other commercial po~'on of Parcel ",4 "totals 2~,986 square feet. Therefore, Parcel "A" requires
124 parking spaces and 130 parking spaces are provided. However, the e//minaO'on of 10 parking
spaces (due to the drive-through facility) would eliminate ail of the shopping center's excess parking
spaces. The shopping center would require and provide 769 parking spaces.
3. Refuse and service areas, with particular reference to the items in subsection ! and 2 above.
The dumpster enclosure would remain in iS current location at the rear (south) of the building.
According to the demo/lO'on p/an (sheet C-3), the existing enclosure wa/Is, pavement and concrete
walk would be removed and rep/aced w/th a new dumpster enclosure and loading zone area. This
refuse and service area would be enhanced and is currently located in an area that is unobtrusive to
pedestn'an and vehicular trafftc and unnoticeable from Congress Avenue. The durnpster location is
positioned in such a way to facilitate e~c/ent removal of trash.
4. Utilities, with reference to locations, availability, and compatibility.
Cons/stent w/th Comprehensive Plan policies and city regulations, ail ut#it/es, including potable water
and san/tap/sewer are ava#able for this project.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
Much of the landscaping of Parcel "A" would remain unaltered except for the elimination of 222
square feet of pervious area due to the drive-through lane and other site/mprovemenS. This loss of
pervious area represents an ins/gniftcant change to the total amount of pervious area in the entire
shopping plaza.
The landscape plan (sheet LA-J) proposes the addiO'on of four (4) Live Oak trees, nine (9) $abal
palm trees, five ($) Crape Myrtle trees, and two (2) Cat pa/ms. Additional hedges and groundcover
would be provided as needed. Additional landscaping would be required along the east property line
to screen the drive-through facility. The intent of Chapter 9, Community Design P/an, Sect/on lJ.H.
is to screen the drive-through feature as much as possible from the adjacent right-of-way (Congress
Avenue). This chapter requires that drive-through windows that face righS-of-way be screened or
hidden through architectural design and spec/ftc landscaped areas (such as a berm). The landscape
Eckerd at Target Shopping Center - COUS 03-001
Page 4
Memorandum No, PZ 03-086
p/an (sheet LA-J) shows the proposed landscape material and cross-section of the drive-through
facility in re/at/on to the eastern port/on of the site. Staff has determined that the cross-sec,'on is
inadequate and the intent of Chapter 9 is not fully met. As a result, the app#cant would be required
to provide addiEona/ landscape mater/a/or substitute p/ant spec/es as a condition of approval This
would be required w/thin the proposed landscape/s/and directly east of the drive-through as we//as
along the eastern perimeter buffer. At the t/me of permitting, these buffer areas shall be enhanced
to the satisfaction of the City Forester / Environmental/st to ensure compliance w/th intent of Chapter
9 - Community Design (see Exhibit "C"- Conditions of Approval).
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
This conditional use application proposes three (3) wa//signs for the Eckerd drug store. Two (2) of
these wa//signs are proposed on the front (north) facade wh#e the third is proposed on the east
building facade. The "Eckerd" wa//sign proposed on the front facade would be 30.47 square feet in
area. The second wa//sign on the north facade C'Drive-Thru Pharmacy'~ is 32.29 square feet in
area. The "Eckerd" wa//sign proposed on the east facade would be the same as the one in the front
(30.47 square feet in area). Collective/y, ail wall signs would be 93.25 square feet in area. This
would comply with Chapter 21, Art/de ZV, Sect/on 3. C.
7. Required setbacks and other open spaces.
The proposed canopies and drive-through lane would meet ali setback requirements of the C-3
zoning district. No open spaces are being diminished as a result of the drive-through lane.
8. General compatibility with adjacent property and other property in the zoning district.
£n genera/, the proposed use is compatible with the commercial uses of the existing shopping center
and the C-3 zoning d/strict. There would be minima/on-site impact and no adverse effects would
occur from the pharmacy use. The construction of the drive-through lane would e#minate ten (~0)
parking spaces but would not cause the shopping center to fa//be/ow the development standards.
The drive-through facility would have little or no impact on the adjacent properties or the
surrounding area. The proposed building alterations, co/ors and roof material are compatible with
the existing buildings in the shopping center.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The max/mum allowable height for the C-3 zoning district is 45 feet. The building was originally
designed and would remain as a one-story structure. The top of the parapet wall would be 20 feet
tall and the peak of the large parapet, when scaled,/s nearly 28 feet ta#. These bu#d/ng heights are
proposed we//be/ow the max/mum height allowed by the C-3 zoning d/strict. The building height/s
compaq'hie/n comparison with the neighboring commercial properties.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The proposed pharmacy and drive-through would constitute addiEonal convenience and choice for
the City residents. The exist'rig building currently fronts on a major arterial (Congress Avenue) and
Eckerd at Target Shopping Center - COUS 03-001
Page 5
Memorandum No. PZ 03-086
is in dose proximity to 'Interstate 95. This, with its dose proximity to neighboring residential
development makes the proposed site an idea/location for this type of use. The closest stand-a/one
pharmacy is located at the southeast corner of Hypo/uxo Road and Congress Avenue.
11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with ail requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach noise Control Ordinance.
With incorporation of ail conditions and staff recommendations contained here/n, the proposed
pharmacy with dffve-through facility would operate in a manner that is in compliance w/th the above-
referenced codes and ordinances of the City of Boynton Beach.
RECOMMENDATION
It should be noted that the preferred location of the drive-through window is at the west side of the
building. However, staff acknowledges that the elimination of parking spaces west of the building would
have greater impact to the in-line stores, opposite the project, due to the limited number of parking
spaces at this location. Therefore, based on the discussions contained herein, compliance with
development regulations, and consistency with the Comprehensive Plan, staff recommends that this
request for conditional use be approved subject to satisfying all conditions of approval as contained in
Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is
to be set within which the proposed project is to be developed. Staff recommends that a period of one
(1) year be allowed to initiate this project.
LG/elj
S:~Planning~hared~Wp\Projects~Eckevd Drags Projects\COUS 03-001 (~ Targe~talT Report.doc
Location Map
Eckerd Drugstore
EXHIBIT "A"
C3
MOTOROLA
EXHIBIT "B"
CONGRESS AVENUE
(OR.8. 1200/510.
ECKERD
EXHIBIT "B"
EXHIBIT "B"
EXHIBIT "B"
CONGRESS AVENUE
(O.R.B. 1290/$19. P.13.C.R,)
B#
I I ~,i
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EXHIBIT "B"
CONGRESS AVENUE
(O.R.B. 1290/519, P.B.C.R.)
F
:ii:; I
{ ::: ti;
EXHIBIT "B"
EEl ~i
KENT D. HAMILTON, A.I.A., ARCHITECT
EXHIBIT "B"
STORE NO. 396
1895 N. CONGR£S~ AVE., BOYNTON BEACH, FLORIDA
CON(3R~:SS AVENUE
EXHIBIT "B"
li,,,~,!ll,!t, '!,
ilili:i 'J' ~'
EXHIBIT "B"
EXHIBIT "C"
Conditions of Aoproval
Project name: Eckerd ~ Target Commercial Center
File number: COUS 03-001
Reference: 2ad review plans identified as a Conditional Use with an April 1, 2003 Planning and Zoning Department
date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Prior to permit application contact the Public Works Department (561-742-6200) X
regarding the storage and handling of refuse. The dumpster will be supplied by
Public Works.
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
ENGINEERING DIVISION
2. Add a general note to the site plan that all plans submitted for specific permits X
shall meet the City's Code requirements at time of application. These permits
include, but are not limited to, the following: paving, drainage, curbing, site
lighting, landscaping and irrigation. Permits required from other permitting
agencies such as Florida Depmhnent of Transportation (FDOT), South Florida
Water Management District (SFWMD), Lake Worth Drainage District (LWDD),
Florida Department of Environmental Protection (FDEP), Palm Beach County
Health Department (PBCHD), Palm Beach County Engineering Department
(PBCED), Palm Beach County Department of Environmental Resource
Management (PBCDERlVD and any others, shall be included with the permit
request.
3. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.).
4. Provide a lighting plan showing that the site meets the minimum site lighting X
requirements of the LDR, Chapter 23, Article II, Section A.
5. On the site and civil plans, show and identify all necessary traffic control devices X
(including existing traffic control) such as stop bars, stop signs, double yellow
lane separators striping, directional arrows and "Do Not Enter" signage, etc.
Delineate and stripe the "Loading Area" (where applicable - LDR, Chapter 2,
Section 11.J); include a pavement message in yellow indicating "No Parking -
Loading Zone". See City Standard Drawings B-98001 and B-90013 for striping
details.
FIRE
COA
04/21/03
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
6. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of Chapter 6 of ASCE 7, and the
provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida
Building Code. Calculations that are signed and sealed by a design professional
registered in the state of Florida shall be submitted for review at the time of
permit application.
7. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
8. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of construction proposed with the subject
request.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
9. The cross-section representing the two (2) landscape berms is inadequate to X
screen the drive-through feature. At the time of permitting, provide a more
detailed cross-section of the two (2) proposed landscape berms, accurately
showing their dimensions. The cross-section shall also include the following:
plant species, plant spacing, plant specifications, and plant quantities.
I0. At the time of permitting, on the landscape plan (sheet LA-l), show the health X
condition of all of the existing trees and vegetation along the perimeter of the
site. All missing, dead or poor health condition trees / vegetation must be
replaced throug~hout the site.
11. The existing landscape plantings along Congress Avenue should be increased in X
number or substituted with alternate plant species in order to visually buffer the
drive through facility from the public right-of-way (Congress Avenue). At the
time of permitting, submit a revised landscape plan that meets the intent of
Chapter 9 - Community Design Plan.
COA
04/21/03
3
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
12. This project requires conditional use approval for the drive-through facility. X
13. The site plan (sheet C-2) tabular data is incorrect. The required parking for the X
Eckerd store is based on gross floor area, not gross leasable area. For
consistency, revise the parking data on sheet C-2 to indicate that 124 parking
spaces are required for Parcel "A" and 769 parking spaces are required for the
entire commercial center.
14. The east landscape buffer (along Congress Avenue) shall contain sufficient X
landscaping to meet the intent of Chapter 9, Section 11.H.4 through 11.H.7. At
the time of permitting, the City Forester / Environmentalist shall review and
approve the additional landscape material to ensure compliance with the above
referenced code citations.
15. The newly created drive through landscape island shall contain sufficient X
landscaping to meet the intent of Chapter 9, Section 11.H.4 through 11.H.7. At
the time of permitting, the City Forester / Environmentalist shall review and
approve the additional landscape material to ensure compliance with the above
referenced code citations.
16. Pursuant to Chapter 2-Zoning, Section 11.2 Conditional Uses, a time limit is to X
be set within which the proposed project is to be developed. Staff recommends
that a period of one (1) year be allowed to obtain a building permit for this
project.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
17. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
18. To be determined.
MWtVelj
S:\Planning\Shared\Wp\Projects\Eckerd Drugs Projects\COUS 03-001 @ Target\COA.doc
EXHIBIT "D"
Memorandum
To:
Planning and Zoning Department
City of Boynton Beach
From: Erik Jon Wilczek, P.E.
Date: March 28, 2003
Subject: Eckerd Conditional Use Justification for Approval
File Number MPMD 03-002
The following is a justification memo for the approval of the Conditional Use
for Eckerd Drug Store from Chapter 2, Section 11.2.D. of the City of Boynton
Beach Land Development Regulations. The bold text following each item from
the code is provided by the applicant in response to the code.
D. STANDARDS FOR EVALUATING CONDITIONAL USES. The
planning and development board and City Commission shall consider only such
conditional uses as are authorized under the terms of these zoning regulations
and, in connection therewith, may grant conditional uses absolutely or
conditioned upon the faithful adherence to and fulfillment of such restrictions
and conditions including, but not limited to, the dedication of property for
streets, alleys, recreation space and sidewalks, as shall be determined necessary
for the protection of the surrounding area and the citizens' general welfare, or
deny conditional uses when not in harmony with the intent and purpose of this
section. In evaluating an application for conditional use, the board and
commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that
satisfactory provision has been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures
thereon, with particular reference to automobile and pedeslrian safety and
convenience, traffic flow and control, and access in case of fire or catastrophe.
The existing building will be utilized, and there will be no changes to the
ingress and egress. Per staff comment and to enhance the project, a
handicap accessible connection from the building to the sidewalk in the
COngress Avenue R/~V is proposed. ,4
2. Off-street parking and loading areas where required, with particular
attention to the items in subsection D. 1. above, and the economic, glare, noise,
i EXHIBIT "D"
and odor effects the conditional use will have on adjacent and nearby properties,
and the city as a whole.
No additional parking will be added as part of this submittal. Loading area
will be in the same area as previously approved. It will be brought to code
in dimension, improving the interface with traffic flow. Additional
landscaping has been added to the site to reduce effects of loading area.
3. Refuse and service areas, with particular reference to the items in
subsection D. 1. and D.2. above.
The dumpster enclosure will be screened per code with wall and
landscaping.
4. Utilities, with reference to locations, availability, and compatibility.
NA, existing utilities will be used.
5. Screening, buffering and landscaping with reference to type,
dimensions, and character.
The existing landscaping will be increased to buffer the drive-thru and
enhance the character of the building. Native species will be the majority of
plant material. Ali trees will be greater than 12' in height at planting.
6. Signs, and proposed exterior lighting, with reference to glare, traffic
safety, economic effect, and compatibility and harmony with adjacent and
nearby properties.
The only additional lighting will be recessed lighting under the 4'
pedestrian canopy that is directed down. Therefore, there should be
negligible impact to the roadway or neighboring properties.
7. Required setbacks and other open spaces.
NA, the project will occupy the existing building and the reduction in
pavement basically equals the new pavement.
8. General compatibility with adjacent properties, and other property in
the zoning district.
The architectural elements of the adjacent buildings have been
incorporated into the building facade. Specifically the 'western' roof
element from the adjacent Target store has been incorporated, as well as
the replacement of the fabric canopies to barrel tile roof canopies.
9. Height of buildings and structures, with reference to compatibility
and harmony to adjacent and nearby properties, and the city as a whole, t~
The exast]ng one-story strneture will be used. All additional fa~:ade features
will be consistent with adjacent buildings.
EXHIBIT "D"
10. Economic effects on adjacent and nearby properties, and the city as
a whole.
The impact should be negliable; the existing use is commercial, the
proposed use is commercial.
11. Conformance to the standards and requirements which apply to site
plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development
Regulations.
The plans have been reviewed by City staff and will conform to the City.
stantards.
12. Compliance with} and abatement of nuisances and hazards in
accordance with the performance standards, Section 4.N of Chapter 2; also,
conformance to the City of Boynton Beach Noise Control Ordinance, Chapter
15, Section 15.8 of the Boynton Beach Code of Ordinances.
The proposed will comply with City noise ordinances.
13. Required analysis. All conditional use applications for bars,
nightclubs and similar establishments shall include the following analysis:
NA
a. Data on the sound emitting devices/equipment and the methods
and materials to be used to assure that the acoustic level of the City Code will be
met.
b. The analysis shall specify the authority and/or basis for
determination of the acoustic level of the sound emitting devices/equipment.
c. The analysis of any sound retention, reduction or reflection shall
include information such as the nature, types and coefficients of sound
absorbent and sound-reflecting mater/als to be used, coatings of the .surfaces of
ceilings, walls, windows, and floors and insulation to be used.
d. It shall also verify that sound standards shall be met during the
normal opening of doors for people entering and exiting the establishment.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Eckerd at Target Commercial Center
APPLICANT'S AGENT: Erik J. Wilczek, P.E. - Kimley-Horn and Associates, Inc.
APPLICANT'S ADDRESS: 5100 Northwest 33rd Avenue, Suite 157 Fort Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 6, 2003
TYPE OF RELIEF SOUGHT: Request Conditional Use approval for a pharmacy with drive-through
facility.
LOCATION OF PROPERTY: 1895 North Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Flodda on the date of headng stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WFSPROJECTS\Eckerd Drugs Projects\COUS 03-001 @ Target~DO,doc
VIII.-PUBLIC HEARING
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOl v
Requested City Commission
Meeting Dates
[] Ap, il 2003
[] April IS, 2003
[] May 6, 20O3
[] May 20,2003
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in to City Clerk's Office Meeting Dates in to City Clerk's Office
March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon)
March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Admimstrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under
Public Hearing and Legal Ordinances - First Reading. The Planning and Development Board with a 6 to 1 vote,
recommended that the subject request be approved. The Community Redevelopment Agency Board on April 8, 2003 gave
an approval vote. For further details pertaining to the request, see attached Department of Development Memorandum No.
PZ 03-078.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Indoor Recreation Facilities/Athletic Competitions (CDRV 03-002)
City Initiated
C-3, Community Commercial and C-4 General Commercial Districts
Request to amend the Land Development Regulations:
1. Chapter 1. Definitions, by adding definitions for: "Athletic Competitions",
"Amusement Arcade", "Billiard Hall", "Bowling Alley", "Gynmasium/Health
Rink , and
Club", "Shooting Range, Indoor", "Skating ....
2. Chapter 2. Zoning, Section 6.C.l.m, by adding "Athletic Competitions" as a
conditional use and creating separate use groups for indoor recreation uses and
outdoor recreation uses.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNAi~/~ff~ ~A ~
~;,41~_~DeP2ent~ Ci~-Manager's Signature
-'~ Pluming .7_,~ungand ' g l~irecto; City~esources
S:XPlanning~SHARED\W~SPEC~RO~ODE REVIEW'dndoor Recreation Facilities-Athletic CompetitionsXAgenda Item Request Indoor Rec Fac.Athletic
Comp CDRV 03-002).dot
S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 1, GENERAL PROVISIONS, ARTICLE II, OF
THE LAND DEVELOPMENT REGULATIONS PROVIDING
FOR ADDITIONAL DEFINITIONS; AMENDING CHAPTER
2, ZONING, SECTION 6.C.l.m TO DISTINGUISH
BETWEEN [N'DOOR AND OUTDOOR RECREATIONAL
FACILITIES USES WITHIN THE C-3 DISTRICT;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTWE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has determined
that it is necessary to clarify the Code of Ordinances to include additional definitions of
certain uses in connection with recreational facilities and to set forth more specific criteria for
such recreational facilities to be included as permitted uses in the C-3 Community
Commercial District;
WHEREAS, at its meeting o£ April 8, 2003, the Community Redevelopment Agency
of the City of Boynton Beach, Florida, recommended that the City Commission amend these
sections of the Code in the City's Land Development Regulations for purposes of clarification
and uniformity; and
WHEREAS, at its meeting of April 22, 2003, the City of Boynton Beach Planning
and Development Board recommended that the City Commission amend these sections of the
Code in the City's Land Development Regulations for purposes of clarification and
uniformity; and
WHEREAS, the City Commission of the City of Boynton Beach concurs with the
Planning and Development Board and finds that these code revisions are necessary and will
inure to the benefit of the citizens of Boynton Beach; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S \CA\OrdinanccsLLDR ChangesLRecreational Facilities doc
Section 1. The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. That Chapter 1, General Provisions, Article II, Definitions, of the Land
Development Regulations of the City of Boynton Beach is hereby amended by adding the
words and figures in underlined type and by deleting the words and figures in struck-through
type, as follows:
ARTICLE 11. DEFINITIONS.
ATHLETIC COMPETITIONS - Amateur and professional events
including but not limited to boxing, cheerleading, dance, gymnastics,
martial arts, and wrestling.
AMUSEMENT ARCADE - A commercial establishment containing four (4) or more
video gaming, pinball, or similar player-operated amusement devices, in any,
combination.
BILLIARD HALL - A commercial establishment containing more than two pool or
billiard tables for the use of patrons.
BOWLING ALLEY - A commercial establishment that devotes more than fifty_
percent (50%) of its gross floor area to bowling lanes, equipment and ancillary public
areas.
GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the
conduct of sports, exercise, leisure time activities, or other customary and usual
recreational activities and operated either for profit or not-for-profit.
SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets
with rifles, pistols, arrow, or shotguns, and which is completely enclosed within a
building or structure.
SKATING RINK - A commercial establishment that provides facilities for
participant ice or roller skating which is completely enclosed within a building or
structure.
Section 3. That Chapter 2, Zoning, Section 6.C.l.m of the Land Development
flations of the City of Boynton Beach is deleted in its entirety and ~eplaced with the
g:
:\CA\OrflinancesLLDR Chanses~.ecteational Facilities,floc
Sec. 6. Commercial district regulations and use provisions.
C. C-3 COMMUNITY COMMERCIAL DISTRICT.
These district regulations are to encourage development of appropriate
intensive retail commercial facilities providing a wide range of goods and
services, located centrally and accommodating three (3) or four (4)
neighborhoods and located adjacent to at least one major thoroughfare.
1. Uses permitted. Within any C-3 community
commercial district, no building, structure, land or water shall e
used except for one (1) or more of the following uses:
a. Any use permitted in C-1 or C-2 districts, without
specific limitation on floor area.
m. Recreational facilities:
i. Indoor recreational facilities, including
nightclubs*, bowling alleys, billiard halls, health
clubs/gymnasiums, shooting ranges (indoor only), skating
rinks, and amusement arcades. Bars/lounges and musical
entertainment and athletic competitions* shall also be
accessory to the principal uses described in this section.
Indoor recreational facilities other than those which are
listed above shall be conditional uses(*).
ii. Outdoor recreational I'acilities, including, but not
limited to, golf courses, miniature golf courses, tennis clubs
and the like. Racetracks, go-cart tracks, and water slides
shall be prohibited.
Section 4. Each and every other provision of the Land Development Regulations
herein specifically amended, shall remain in full force and effect as originally adopted.
Section 5. All laws and ordinances applying to the City of Boynton Beach in
aflict with any provisions of this ordinance are hereby repealed.
Section 6. Should any section or provision of this Ordinance or any portion
be declared by a court of competent jurisdiction to be invalid, such decision shall not
\CAXOrdmances\LDR Changes~Recreat~onal Facilities doc
~.003.
the remainder of this Ordinance.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
Section 72
Section 8.
FIRST READING this ~ day of
SECOND, FINAL READING AND PASSAGE this __
,2003.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mawr
Vice Mayor
Commissioner
Commissioner
Commissioner
;T:
Clerk
\CA',Ordinanc.~\LDR Changes\Recreational Facilities.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-078
TO:
FROM:
DATE:
SUB]ECl':
REQUEST
Chairman and Members
Community Redevelopment Agency Board, and
Planning and Development Board
Director of Planning and Zoning
April 2, 2003
CODE REVIEW (CDRV) 03-002
Indoor Recreation Facilities
To amend the Land Development Regulations:
1. Chapter 1. Definitions, by adding
definitions for: "Athletic
Competitions", "Amusement Arcade", "Billiard Hall", "Bowling Alley",
"Gymnasium/Health Club", "Shooting Range, Indoor", "Skating Rink";
and,
Chapter 2. Zoning, Section 6.C.l.m, by adding "Athletic Competitions"
as a conditional use and creating separate use groups for indoor
recreation uses and outdoor recreation uses.
NATURE OF REQUEST
This request is staff-generated in response to a Commission directive. The proposed
amendment to the Land Development Regulations, Chapter i and Chapter 2 is intended
to add a definition, including a list of uses, for "Athletic Competitions", and to insert
"Athletic Competitions" as a conditional use into the list of permitted uses within the C-
3, Community Commercial Zoning district (Chapter 2, Section 6.C.l.m). The effect of
the subject code amendment would be to allow amateur and professional competitions,
such as boxing, martial arts, and wrestling, subject to conditional use approval, within
the C-3, Community Commercial Zoning District. By virtue of standard zoning structure,
such uses would also be construed as conditional uses within the C-4, General
Commercial Zoning District (see Exhibit "A"- Locations for all C-3 and C-4 Zoning
Districts with the City of Boynton Beach).
BACKGROUND
In .]anuary of this year, the City was requested to allow/permit professional boxing
events at the Club Ovation nightclub located at the Gulfstream Plaza Shopping Center
Page 2
CDRV 03-002
]:ndoor Recreation Facilities
(3637 S. Federal Highway). The original nightclub approval, under the name of The
Grand (a.k.a. Ozone), was granted by the City on October 17, 2000. The conditional
use approval, however, was only for a nightclub, and since the City's Land Development
Regulations do not currently allow professional boxing as a permitted use, the request
was denied, l~n presenting this request to the City, it was claimed that the Cities of
Delray Beach and West Palm Beach both allow the subject boxing use. This report
includes suggested code language if the Commission desires to accommodate such
uses, as well as information collected on these two other cities.
Since the Boynton Beach zoning code currently does not specifically allow boxing as an
allowed use, and taking into consideration the zoning of the proposed location, staff
reviewed the C-3, Community Commercial Zoning District for possible changes. Chapter
2. Zoning, Section 6. Commercial d/strict regulations and use provisions. Section C.1.
(Uses permitted), item "m" currently reads as follows:
m. Recreational facilities, including bowling lanes, billiard halls, health clubs,
gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges
(indoor only), skating rinks, and amusement halls. Recreation facilities other
than those which are listed above shall be conditional uses(*). Racetracks, go-
cart tracks, and water slides shall be prohibited.
For clarity and simplicity, paragraph "m" is rewritten below to: 1) create a separate
group of uses to differentiate between indoor recreation facilities and outdoor facilities;
2) insert the new use called "athletic competitions"; 3) add provisions for bars, lounges
and musical entertainment and 3) add the conditional use mark represented by the
asterisk ("*'~.
me
Recreational facilities:
i. l~ndoor recreational facilities, including nightclubs*, bowling alleys, billiard halls,
health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and
amusement arcades. Bars/lounges, musical entertainment and athletic
competitions* shall also be accessory to the principal uses described in this
section, l~ndoor recreation facilities other than those which are listed above shall
be conditional uses(*).
ii. Outdoor recreational facilities, including golf courses, miniature golf courses,
tennis clubs and the like. Racetracks, go-cart tracks, and water slides shall be
prohibited.
The use "athletic competitions" is new to the City's zoning code, and therefore must be
defined, l~n addition, Staff has found that other terms used in this amendment are not
Page 3
CDRV 03-002
~[ndoor Recreation Facilities
included in the zoning code and therefore, would also recommend that the following
definitions be added to the Land Development Regulations, Chapter 1, Article ];L
Definition~.
ATHLETIC COMPETITIONS - Amateur and professional events to include but not
be limited to boxing, cheerleading, dance, gymnastics, martial arts, and
wrestling.
AMUSEMENT ARCADE - A commercial establishment containing four (4) or more
video, pinball, or similar player-operated amusement devices, in any
combination.
BILLTARD HALL - A commercial establishment containing more than two pool or
billiard tables for the use of patrons.
BOWLI:NG ALLEY - A commercial establishment that devotes more than fifty
percent (50 %) of its gross floor area to bowling lanes, equipment and playing
area.
GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the
conduct of sports, exercise, leisure time activities, or other customary and usual
recreational activities and operated either for profit or not-for-profit.
SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets
with rifles, pistols, or shotguns, and which is completely enclosed within a
building or structure.
SKA'I'ZNG RTNK - A commercial establishment that provides facilities for
participant skating which is completely enclosed within a building or structure.
ANALY$~S
Entertainment-type uses are currently limited to "nightclubs" and "theaters and
auditoriums" within the C-3, Community Commercial Zoning District, and "Arenas,
stadiums, frontons, convention and exhibitions halls, and racetracks provided that all
such uses have a minimum frontage of two hundred (200) feet on a collector or arterial
road.." within the M-l, Industrial District. Except for "theaters and auditoriums" within
the C-3 district, all other uses listed above require conditional use approval. Chapter 2.
Zoning, Section 11.2 Conditional uses, defines a conditional use as:
"...a use that would not be appropriate generally, or without restriction, throughout a
zoning classification or district. Such uses however, if controlled as to area, location,
number, or relation to the neighborhood, would promote public appearance, comfort,
convenience, general welfare, good order, health morals, prosperity, and safety of the
Page 4
CDRV O3-0O2
l~ndoor Recreation Facilities
Conditional uses are reviewed against the twelve criteria listed in this same section, and
facilitate the application of special conditions or requirements to ensure that any
external impacts from the proposed use are considered and ameliorated.
For comparison, staff surveyed local governments to obtain their respective regulations.
Delray Beach
The City allows boxing events in privately operated stadiums
and arenas, which are permitted as a conditional use in the
Community Facilities (CF) zoning district. This district also
allows governmental facilities and buildings, civic centers,
cultural facilities, tennis centers, museum and swimming
centers. (City staff could recall one boxing match being held
at the City's Tennis Center.)
West Palm Beach
Occasional competitions require a "Special Events" permit.
Permanent structures housing those competitions are
classified as Recreation, Indoor, which is not defined in the
code. The use is "permitted with extra requirements (PXP)'
in the Professional Office/ Residential zoning district, and
"permitted" in the Airport Commercial, Neighborhood
Commercial, General Commercial and Industrial zoning
districts.
Neither of the cities cited by the applicant and contacted by staff, specifically address
boxing as a permitted or conditional use. Each considers the permitted facilities, which
would be expected to host a variety of events that may include boxing, to be sufficient.
RECOMMENDAT'~ON
Staff recommends the adoption of the proposed amendments to the land development
regulations as the minimum changes necessary to allow amateur and professional
competitions, such as boxing, martial arts, and wrestling, subject to conditional use
approval, within the C-3, Community Commercial Zoning District. By virtue of standard
zoning structure, such uses would also be construed as conditional uses within the C-4,
General Commercial Zoning District.
Exhibits
S:\PlannJng\SHARED\WP\SPECPRO.I\CODE REV~EW~Indoor Recreation Fadlities-Athletic Compefitions\CDgV Staff Report. doc
Location Map
C3 and C4 Zoning Districts
CDRV 03-002
EXHIBIT "A"
80YNTON
WOOLBRIGHT RD
GOLF RD
EXHIBIT "B"
Chapter 1. Article II.-Definitions.
Regulations
ATHLETIC COMPETITIONS - Amateur and rofessional events to include but
not be limited to boxin cheerleadin dance mnastics martial arts and
wrestling..
AMUSEMENT ARCADE - A commercial establishment containinq four (4) or more video~
~s in an combination.
BILLTARD HALL - A commercial establishment containing more than t~vo pool or billiard
tables for the use of patrons;
BOWl TNG ALLEY - A commercial establishment that devotes more than fifty percent (50.
~e i ment and la in area.
GYMNASIUM/HEALTH CLUB - An establishment desiqned and equipped for the conduct
of sports, exercise, leisure time activities, or other customary and usual recreational
activities and operated either for profit or not-for-profit..
SHOOTING RANGE, INDOOR - A facility desiqned or used for shootinq at targets with
rifles, pistols, or shotguns, and which is completely enclosed within a buildinq or
structure.
SKATING RINK - A commercial establishment that provides facilities for participant,
skatinq which is completely enclosed within a buildinq or structure.
Section 3. That Chapter 2, Zoning, Section 6.C.l.m of the Land Development
of the City of Boynton Beach is deleted in its entirety and replaced with the
following:
Sec. 6. Commercial district regulations and use provisions.
o.o
C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district
regulations are to encourage development of appropriate intensive retail
commercial facilities providing a wide range of goods and services, located
centrally and accommodating three (3) or four (4) neighborhoods and
located adjacent to at least one major thoroughfare.
1. Uses permitted. Within any C-3 community
commercial district, no building, structure, land or water shall e used
except for one (1) or more of the following uses:
a. Any use permitted in C-]. or C-2 districts, without
specific limitation on floor area.
m. Recreational facilities:
i. :Indoor recreational facilities, including niqhtclubs*,
bowlinq lanes, billiard halls, health clubs, gymnasiums,
shooting ranqes ('indoor only), skatinq rinks, and arcades and
amusement halls. Bars/Iounqes, musical entertainment and
athletic competitions*shall also be accessory to the principal
uses described in this section. :Indoor recreation facilitie~
other than those which are listed above shall be conditional
uses(*).
ii. Outdoor recreational facilities, including golf
courses, miniature golf courses, tennis clubs and the like.
Racetracks, go-cart tracks, and water slides shall b~
prohibited.
J:\SH RDATA\PLANNING~SHARED\WP~PRO.1ECT'S~MAR~NA\CDRV 03-~01\CD RVS'TAFFRE P'I'. DOC
ZX. - CZTY MANAGER'S
REPORT
CITY OF BOYNTON BEAC ITEr4 A
AGENDA ITEM REQUEST FO v,
Requested City Commission
Meeting Dates
] April 1,2003
] May 6, 2003
[] May 20, 2003
Date Final Form Must be Turned
in to City Clerk's Office
March 17, 2003 (Noon.)
March 3 i, 2003 (Noon)
April 14, 2003 (Noon)
May 5, 2003 (Noon)
Requested City Commission
Meeting Dates
[] June 3, 2003
[] June 17, 2003
[] July 1, 2003
[] July 15,2003
Date Final Form Must be Turned in
to City Clerk's Office
May 19, 2003 (Noon)
June 2, 2003 (Noon)
Jun~ 16, 2003 (Noon)
June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to consider the recision of the revocation of the Limited License Agreement for Jordan
Wrecker Service for the use of an alleyway behind 905 North Railroad Avenue.
EXPLANATION:
On January 7, 2003 the City Commission voted to provide Jordan Wrecker Service with a 90
day notice of revocation of their Limited License Agreement for the use of the alleyway behind
their property at 905 N. Railroad Avenue. During the 90 day notice period, periodic
inspections were to be conducted at the property to see if Jordan Wrecker Service made
attempts to keep the alleyway clear of vehicles and equipment as is called for in the
agreement. A total of 8 inspections of the alleyway were made during the past 90 days and a
copy of that report is attached as part of this agenda packet.
PROGRAM IMPACT:
During the 8 inspections over the past 90 days, the alleyway was found to have equipment
and vehicles stored on it twice. One time the owner was made aware of that finding, one time
the owner was not.
Virtually none. If the Commission decides to continue the Limited License Agreement, the
owner has submitted a $9.00 money order to cover the next 9 years of annual license fees.
S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
The two alternatives are to either allow the revocation to stand or to rescind the revocation.
Department Head's Sig~ture
City Manager's Signature
City Manager's Office
Department Name
City Attorney / Finance / Human Resources
S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
OFFICE OF THE ASSISTANT CITY MANAGER
INTER-DEPARTMENTAL CORRESPONDENCE
DATE: April 14, 2003
TO:
Kurt Bressner, City Manager
FROM:
Dale S. Sugerman, Assistant City Manager
SUBJECT: Compliance Report- Jordan Wrecker Service
On January 7, 2003, the City Commission approved a 90-day notice to revoke the Limited
License Agreement for the use of a public alleyway by Jordan Wrecker Service. The
revocation notice was served on January 27, 2003 and will run until April 27, 2003. At the
City Commission meeting of Apdl Ist, the notice pedod was extended by the City
Commission until their meeting of May 6, 2003.
Since the 90-day revocation notice was delivered, we have made a number of inspections
of this property. I can report to you the following:
Date of Inspection
Findin.qs
February 3, 2003
Everything was clear.
February 10, 2003
A damaged vehicle was parked on the easement.
Discussed issue with owner. Vehicle was moved.
February 18, 2003
Everything was clear.
February 26, 2003
Everything was clear.
March 11, 2003
Everything was clear.
March 18, 2003
Found the damaged Homewood Residence
Assisted Living Van (license no V82 KEH) in the
easement. Did not discuss with owner.
March 28, 2003
Everything clear.
April 10, 2003
Everything clear.
On March 27, 2003, I received a Western Union Money Order in the amount of $9.00. This
$9.00 money order is to cover the $1.00 annual license fee (for the next 9 years from
November 26, 2002 until November 25, 2011), subject to the approval of the City
Commission to rescind the revocation of the license agreement which they did at their
January 7th City Commission meeting. To this point, I have not deposited that money order
to any City account, I am holding it, pending a final determination by the City Commission. I
hope that this has given you and the City Commission the information that you need to
make a determination on the recision of the revocation (or to let the revocation stand).
Please let me know if you need any additional information on this matter.
I will be in attendance at the May 6th City Commission meeting to answer any questions
that you have.
Dale S. Sugerman
Assistant City Manager
cc: Mr. Bobby Robinson, Jordan Wrecker Service
,:iii, 0 8 I, OOL, O0~: L,O
January 27, 2003
Mr. Bobby Robinson
Jordan Wrecker Service
905 N. Railroad Avenue
Boynton Beach, FL. 33435
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
RE: Revocation of License Agreement
Dear Mr. Robinson:
Please be advised that the City Commission, at their regularly scheduled meeting
of January 7, 2003, voted to revoke the License Agreement between the City of
Boynton Beach and Bobby Robinson, D/B/A Jordan Wrecker Service originally
approved on November 26, 2001. The reason for this revocation was your
continuous violation of the 'Agreement (Section 7e.), by parking and stodng
equipment or vehicles on the licensed portion of the licensed property. As you
have been made aware, you continued to park vehicles and equipment on the
licensed alleyway containing the public utilities, despite a prohibition against your
doing so. There were repeated verbal and written warnings provided to you, yet
you continued to park and store vehicles and equipment over this right-of-way.
This letter shall serve as your 90-day notice of the license revocation as provided
for in Section 16 of the License Agreement. At the urging of the City Commission,
I will cause inspections of the licensed portion of the property dudng the next 90
days. In the event that you are able to keep the licensed property free and clear
of any vehicles or equipment, I will be prepared to recommend that the City
Commission rescind this revocation at their April 1, 2003 regularly scheduled
meeting. If you fail to keep the alleyway free and clear of equipment or vehicles,
the revocation of this License Agreement shall stand and the alleyway will need
Mr. Bobby Robinson
Jordan Wrecker Service
905 N. Railroad Avenue
pg. 2
to be cleared of anything placed on the licensed property as provided for in
Section 14 of the Agreement.
Please be advised that on January 13th, I inspected the prOperty at approximately
5:30 pm, finding the following vehicles parked and stored immediately over the
licensed property:
Blue Dodge pickup truck- Florida Tag #D36HBW
Red Ford Explorer Sport SUV- Florida Tag #DU54U
· er of vehicles parked on the edge of the licensed
ddition there were a numb ........ .~ .,~,~ v off the licensed property.
In a __,...~'.,'-h that they were paraa,y on u,,~ vo,,,all,
proper~y,
Based upon what I saw on that date, I would have to recommend to the City
Commission at their April 1, 2003 meeting that you continue to violate the terms
and conditions of the License Agreement.
Thank you for your attention to this matter. Should you have any questions about
the City Commission decision to revoke this License Agreement, or the contents
of this letter, please be sure to contact me directly at the telephone number
above.
Very truly yours,
CITY OF BOYNTON BEACH
Dale S. Sugerman
Assistant City Manager
CC:
Kurt Bressner, City Manager
James A. Cherof, City Attorney
Scott Blasie, Code Compliance Administrator
XII. - LEGAL
ITEM A.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
[] April 1,2003
[] April 15, 2003
[] May 6, 2003
[] May 20,2003
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in to City Clerk's Office Meeting Dates in to City Clerk's Office
March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon)
March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under
Legal, Ordinances - Second Reading. The City Commission approved this item under Public Hearing, Legal, Ordinances -
First Reading on April 15, 2003. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 03-074.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
The Marina (Boynton Beach) (CDRV 03-001)
Lawrence Justiz, TRB-Boynton Beach, Ltd.
TRG-Boynton Beach, Ltd.
743 NE 1st Avenue
Request to amend the Land Development Regulations Chapter 2, Zoning, Section 6.F.
MIXED USE ZONING DISTRICTS, TABLE 6F-l, schedule of permitted principal,
accessory and conditional uses TO INCLUDE residential, Single-Family, attached use as
a conditional use in the Mixed Use-High Intensity (MU-H) zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: ~/ N/A
' ~ ' xsr~2it~ Manager's Signature
e- - - - Planning and/Zon/ng Dtrector City Attorney / Finance / Human Resources
S:kPlanningKSHARED\WPKSPECPROJ~CODE REVIEW~CDRV MARINA 03Latgenda Item Request Boyuton Beach Marina CDRV 03-001 2nd reading 5-
3-03 .dot
SSBULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 03- ~)/~-'
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOY'NTON BEACH, FLORIDA AMENDING LAND
DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING,
SECTION 6.f. 1, TO INCLUDE RESIDENTIAL, SINGLE-
FAMILY, ATTACHED USE AS A CONDITIONAL USE IN
THE MIXED USE-HIGH INTENSITY. (MU-H) ZONING
DISTRICT; PROVIDING FOR CONFLICTS, SEVER. ABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WI-IEREAS, the City's Land Development Regulations were amended on June 18,
to adopt zoning regulations for the Mixed Use zoning districts, which include Mixed
Intensity (MU-L) and Mixed Use-High Intensity (MU-H); and
WHEREAS, this amendment will include residential, Single-Family, attached use as
conditional use in the Mixed Use-High Intensity (MU-H) zoning district;
W~IEREAS, the City Commission deems the adoption of this Ordinance to be in the
est interests of the citizens and residents of the City of Boynton Beach, Florida;
NOW TI{EREFORE, BE IT ORDAINED BY TI{E CITY COMMISSION OF
CITY OF BOYNTON BEACI-I, FLORIDA, TI{AT:
',ection 1. The foregoing whereas clauses are true and correct and are now ratified and
by the City Commission.
',ection 2. That Chapter 2. Zoning Section 6.F. Mixed Use Zoning Districts, Table 6f-1,
s hereby amended to include residential, Single-Family, attached use as a conditional use in
.. Mixed Use-High Intensity (MU-H) zoning district. See attached Exhibit "A".
;ection 3. Each and every other provision of the Land Development Regulations not
specifically amended, shall remain in full force and effect as originally adopted.
;ection 4.. All laws and ordinances applying to the City of Boynton Beach in conflict
provisions of this ordinance are hereby repealed.
,ection 5. Should any section or provision of this Ordinance or any portion thereof be
by a court of competent jurisdiction to be invalid, such decision shall not affect the
;:\CA\Ordinances~LDR Changes~mending LDR - Section 2 - MUH.doe
remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this/--~ day of April, 2003.
SECOND, FINAL READING AND PASSAGE this ~ day of
May, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
S:\CA\Ordinances~DR Changes~,mending LDR - Section 2 - MUH.doc
TABLE 6F-1
ISCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES I
USE GROUP/USE MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
Bed and Breakfast C N
Hotel C P
Home Occupation P P
Mobile Home N N
Motel N N
Residential, Single Family Detached P N
Residential, Single Family Attached P N-C
Residential, Multi-Family p p2
Boarding and Rooming House N N
(except where provided by state law)
Accessory Unit P N
Communi~ Facilities Use Group MU-L ZONE MU-H ZONE
Government Office/Civic Center/Library C N
Recreation (outdoor) P N
Museum P P
House of Worship pa N
Police or Fire-Rescue Station P4 p
Postal Center (retail sales only) C C
Post Office P P
Public Park P P
Public Parking Lot or Garage P P
Office Use Group* MU-L ZONE MU-H ZONE
* Not encouraged as a first floor use in the MU-H Zone
Banks, Financial Institutions C~ C~
Medical or Dental Clinic P P
Medical or Dental Office P P
Physical Therapy Clinic P P
Professional Business Office P P
Veterinary Office or Clinic pO N
Sales and General Commercial Use MU-L ZONE MU-H ZONE
Group*
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Alcoholic Beverage Package Store pO pO
Ammunition or Firearm Sale or Rental N N
Animal Boarding or Kennel C N
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-074
TO:
THROUGH:
FROM:
DATE:
SUB.1ECT:
Chairman and Members
Planning and Devel°p~'t'~B°ardc,q
Michael W. Rumpf ~ 'LV~"~'
Directo~g and Zoning
Dick Hullo'n; AICP
Senior Planner
March 27, 2003
CODE REVIEW (CDRV) 03-001
Amend Mixed Use-High Intensity (MU-H) zoning district regulations to
allow Residential Single Family Attached Uses
NATURE OF REQUEST
Mr. Lawrence 3ustiz, agent for TRG-Boynton Beach, Ltd. is requesting an amendment to
the Land Development Regulations, Chapter 2, Zoning, Section 6.F. MD(ED USE
ZONING DISTR~CTS, TABLE 6F-1, SCHEDULE OF PERMITTED PRJ:NCIPAL, ACCESSORY
AND CONDITIONAL USES to include Residential, Single-Family, Attached use as a
permitted use in the Mixed Use-High Intensity (MU-H) zoning district (see Exhibit "A" -
statement of request). The specific location where this would first be applied is the
area that was rezoned to the Mixed Use-High Intensity (MU-H) zoning district on
September 17, 2002, and encompasses the site of the proposed Marina Village at
Boynton Beach (see Exhibit "B"-Location).
BACKGROUND
The City's Land Development Regulations were amended on June 18, 2002 to adopt
zdnin, g regulations for the Mixed Use zoning districts, which include Mixed Use-Low
Intensity (MU-L) and Mixed Use-High Intensity (MU-H). The major purpose of the
amendments was to enable redevelopment efforts in the urban core of the Federal
Highway Corridor Redevelopment Area. The urban core extends along Federal Highway
from Woolbright Road on the south to the Boynton (C-16) Canal on the north. While
the MU-L district allows both single-family attached units and single-family detached
units, as well as multi-family residential development, the MU-H district allows only
multi-family residential development.
The site plan for the proposed Marina Village shows a row of twelve (12) three-story
Page 2
CDRV 03-001
Townhouses in MU-H
townhouses along the south side of the North Marina; since the Marina Village is zoned
Mixed Use-High Intensity (MU-H), this code amendment will be necessary for the
approval of the site plan as presented.
ANALYS]:S
The development of the Mixed Use (Mixed Use-Low :Intensity (MU-L) and Mixed Use-
High :Intensity (MU-H) zoning districts was an implementation measure of the Federal
H/_qhway Corridor Redeve/oprnent P/an. The Mixed Use-High ]Intensity zoning district
encourages development that is the most intense allowed in the City with residential
densities at a maximum of 80 dwelling units per acre, 85% lot coverage, and a
maximum height of 150 feet. The district is restricted to a very small area that has
been the traditional downtown of Boynton Beach. The intent behind allowing the high
density and intensity of development in this area is "to establish a compactness and
critical mass of development and population to establish the downtown as a destination
area, and to ensure its success and long term viability."
In order to create this critical mass, one of the stated strategies outlined in the Federal
Hi_qhway Corridor Redevelopment P/an was to: "Create development standards in the
downtown that require intensity, bulk and building massing to establish the downtown
area as a focal point. Building height at heights greater than that allowed in the
surrounding areas should be encouraged." The area where the Mixed Use-High
Intensity zoning district may be applied contains only approximately 75 acres in the
center of the area of the Federal Highway Corridor. This is a very small portion of the
area, and townhouse developments are permitted throughout the remainder of the
corridor, through either the Mixed Use-Low Intensity (MU-L) zoning district or the Infill
Planned Unit Development (IPUD) district.
Generally, densities for townhouse developments range bet~veen 12 and 16 units per
acre, depending on the amenities being provided to the residents. Average height is
three-stories, with some developments reaching four-stories, or approximately 45 feet.
If single-family attached dwellings, or townhouses, become a permitted use in the high-
density and intensity area, the Mixed. Use-High Intensity zoning district will no longer
serve to establish the critical mass of population so necessary to underpin the success
of the downtown. This change may also combine a residential use that is less
compatible than multi-family uses in an activity center.
RECOI~I~IENDAT]:ON
]:t is staff's opinion that the existing regulations are established to achieve a specific
purpose: "to establish a compactness and critical mass of development and population
to establish the downtown as a destination area, and to ensure its success and long
term viability." The requested amendment to the zoning regulations for this district will
serve to weaken the code's ability to achieve that purpose. ]:n addition, there are
Page 3
CDRV 03-001_
Townhouses in HU-H
sufficient areas elsewhere in the Federal Corridor Redevelopment Area, where
townhouse developments are both permitted and encouraged, that the requested
amendment is not necessary in order to provide a variety of housing types and price
ranges to serve the existing and future population of the City of Boynton Beach. Lastly,
placing townhouses between the marina facilities, which typically attract people, and
the main traffic route further lowers the potential of the proposed Marina proiect as a
pedestrian-friendly destination. Therefore, staff recommends that the request for code
amendment be denied.
If the CRA or the City Commission approves the request, staff recommends that a
condition be added to limit single family attached units to no more than five percent
(5%) of the total residential units in any single development.
Exhibits
.I:\SHRDATA\PLANN[NG\SHARED\WP\SPECPRO]\CODE REV[EW\CDRV I~IAR3NA 03\CDRVSTAFFRF. PT. DOC
(
The Related Group of Florida
2828 Coral Way. Penthouse Suite
Miami. Florida 33145
Tel. (305) 460-9900, Fax (305) 460-9911
Exhibit "A"
March 4, 2003
Mr. Mike Rumph
Director of Planning and Zoning
City of Boynton Beach
I00 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
RE: Marina Village at Bovnton Beach Request for a Zoning Use Amendment to the
lVILxed Use High Intensity Zoning District
Dear Mr. Rumph:
As you know, the site plan we submitted on February 5, 2003 for Marina Village at
Boynton Beach includes twelve (12) townhouse'units on the South side of the marina.
Ordinance 02-024, which created the Mixed Use High Intensity Zoning District, does not
permit "Residential, Single Family Attached," or townhouses, within this District.
This letter will serve as our request to the City to amend the Mixed Use High Intensity
Zoning District to allow for the development of "Residential, Single Family Attached"
units. This will allow for our townhouse units, as shown in our current site plan, to be
considered by the CRA and the City Commission as a permitted use.
The only amendment necessary to accomplish this is to change the "N" to "P" in Table
6F-I (row entitled "Residential, Single Family Attached," column entitled "MU-H
Zone."
Thanks for your assistance, and please call me if you have any questions. My cell phone
is: (786) 236-5328.
Sincerely,
THE RELATED GROUP OF FLOR. DA
LBJ':eb
Location Map
Marina
Exhibit "B"
WOETH
~cww/
i'
Xzz. - LEGAL
ri'EM B.1
CITY OF BOYNTON BEA
AGENDA ITEM REQUEST FURtv
Requested City Commission
Meeting Dates
[] April 1,2OO3
[] April 15, 2003
[] May 6, 2003
[] May 20, 2003
Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
in to City Clerk's Office Meeting Dates in to Cit3' Clerk's Office
March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon)
March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)
r
April 14,2003 (Noon) · ~ July 1, 2003 June 16, 2003 (Noon)
May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Approve amendment to Code of Ordinances, Chapter 9, "Fire Protection and Prevention" adding
language specific to the prohibition of pyrotechnic and similar devices in buildings and other enclosed areas.
EXPLANATION: This ordinance enhances the "Fireworks" provision in the code and addresses a need highlighted by recent
tragedies involving pyrotechnic use in non-regulated settings.
PROGRAM IMPACT: Program impact is limited to enforcement criteria that is already in place.
FISCAL IMPACT: None
ALTETTIVES: Do not approve this request.
- DepartVmeni He~d~ignature
~i~amre
Department Name
~" City Attorr~3//Finance / Human Resources
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, "FIRE
PROTECTION AND PREVENTION" OF THE CODE OF
ORDINANCES OF THE CITY OF BOY'NTON BEACH, BY
AMENDING SECTION 9-18, "FIREWORKS" TO PROVIDE FOR
PROHIBITION OF THE USE OF PYROTECHNIC SPECIAL
EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES INSIDE
BUILDINGS OR OTHER ENCLOSED SPACES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE..
WHEREAS, the Fire and Life Safety Division of the Fire Rescue Department
md the City Commission has determined that the prohibition of pyrotechnic special
fffects, flame effects or similar devices inside buildings, tents or other enclosed spaces
~romotes the health, safety, and welfare of the residents of Boynton Beach; and
WHEREAS, the City Commission has also determined that it is in the best
nterests of the citizens and residents of the City of Boynton Beach to amend the Code of
Ordinances to prohibit the use of pyrotechnic special effects, flame effects or similar
devices inside buildings, tents or other enclosed spaces.
NOW THEREFORE, BE IT ORDAINED BY TI-IE CITY COMMISSION
OF THE CITY OF BOYNTON BEACI-I, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now
ratified and confirmed by the City Commission.
Section 2. That Chapter 9. Article II, Fire Codes and Fees. is hereby
maended by creating a new subsection (k) by adding the words and figures in underlined
:ype as follows, and renumberingdrelettering the existing subsection (k) to subsection (1):
;:\CA\Ordinances\Fire - Chapter 9'ffircworks -pyrotech prohibition.cfi
(k} The use of rotechnic s ecial effects flame effects and/or similar
devices inside buildin s tents structures and/or other enclosed s aces is
rohibited. Flame effects include but are not limited to batons and/or
torches fueled b ii uid solid or aseous fuels' flame ro'ectors which
roduce heat effects and/or flames' flash owders corn osed of fuel s and
oxidizer s' flares and similar devices, rotechnic s eciai effects include
but are not limited to chemical mixtures used in the entertainment indust
to roduce visible audible or thermal effects b combustion defla ration or
detonation.
(-k--) l__(J)_ Any violation of this section shall subject an offender to arrest...
Section 3. Each and every other provision of Chapter 9. Fire Protection and
not herein specifically amended, shall remain in full force and effect as
adopted.
Section 4_. All laws and ordinances applying to the City of Boynton Beach in
:onflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion
,f be declared by a court of competent jurisdiction to be invalid, such decision shall
Section 6.
Section 7.
FIRST READING this
affect the remainder of this Ordinance.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
2003.
day of -,
:\CA\OrdinancesXFire - Chapter 9~reworl~ .pyrotech prohibition.rtl
SECOND, FINAL READING AND PASSAGE this _ day of
CITY OF BOYNTON BEACH, FLORIDA
Mawr
Vice Mayor
Commissioner
Commissioner
Commissioner
Clerk
:\CA\OrdinanceskFire - Chapter 9Lfireworks -pyrotech prohibition.rtf
XIZI-UNFZNISHED BUSINESS
ZTEM A.
CITY OF BOYNTON BEA£
AGENDA ITEM REQUEST FO v,
Requested City Commission
Meeting Dates
] April 1,2003
[] ~i ~s, 2003
[] May 6, 2003
[] May 20, 2003
Date Final Form Must be Turned
in to City Clerk's Office
March 17, 2003 (Noon.)
March 31, 2003 (Noon)
April 14, 2003 (Noon)
May 5, 2003 (Noon)
Requested CiVy Co ,remission
Meeting Dates
] June 3,2003
] Jun~ 17, 2003
[] luly I, 2003
[] July 15. 2003
Date Final Form Must be Turned in
to Ciw Clerk's Office
May 19.2003 (Noon)
June 2, 2003 (Noon)
June 16, 2003 (Noon)
June 30, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code Compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to remove from the table and discuss the Agenda Item -Authorize eminent domain
proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to
construct a stormwater retention pond associated with the NE 7~ to 10~ Avenue Stormwater
Improvement Project (INCA Project).
EXPLANATION:
We have not been able to get all of the parties together to attempt to work out a settlement of
this property acquisition. Therefore, this item has been tabled at least twice. However, we
must get on with the project, and therefore, we are asking that the City Commission take the
action to authorize the staff to move forward with eminent domain proceedings.
PROGRAM IMPACT:
Authorizing the process will allow the project to move forward at this time. Approving the
motion to authorize beginning the eminent domain proceedings as was originally
recommended will not preclude the parties from talking further or negotiating either with the
individual property owners or with the collective group of the 4 owners. In fact, authorizing the
eminent domain proceedings will give the City staff the authority to order up-to-date appraisals
and environmental analyses which would have to be done anyway if eminent domain
proceedings were to get formally started. Adopting this motion does not mean that the City
would be "taking" any property. Adopting this motion only authorizes the staff to take the next
step (of many) toward possible eminent domain (which can be avoided if we can come to an
agreement with the 4 property owners).
S:~BULLETiN~ORMS~,AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
None
ALTERNATIVES:
To keep the item on the table.
UTILITIES DEPARTMENT
Department Name
City Manager's Signature
City Attorney / Finance / Human Resources
S:~BULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC
THE URBAN GROUP, INC.
1424 South Andrews Avenue, Suite 200
Fort Lauderdale, Florida 33316
CITY OF BOYNTON BEACH
Storm-Water Site Acquisition Status
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NEGOTIATION SUMMARY
Seller's Position:
Seller: Degen, Gerhard
Subject Property Location: Block 3, Lot 1
County records inadvertently missed the quit claim of lot 1, an Assessed Value is not available.
In June 2000, the subject property was acquired for a reported sum of $17,500.
This property is not currently listed for sale.
Through our negotiations, Mr. Degen has determined that his asking pdce is $100,000. Mr. Degen
believes the justification in support his figure is due to the loss of profit he would realize if he, as a
investor, developed the site with a single-family improvement. In addition, Mr. Degen is of the opinion
that a replacement of such a property is not available and therefore increases the value of his
property.
Buyer's Position:
The City has hired an independent State Certified General Real Estate Appraiser, to determine the
fair market value. Based on an appraisal dated July 31, 2002, Real Property Analysts valued the :
property at $50,000. The issue over loss of potential revenue is one not compensable in an emine~
domain case. This issue over potential use is weighed and considered in the appraisal under the [
concept of highest and best use. Loss potential revenue should not be considered in the assessment
of fair market value in acquiring vacant land. It is also not the buyer's responsibility to provide a
replacement site in Eminent Domain involving vacant land. The appraisal considers recent sales and
available properties in determining fair market value. If the supply is Iow and the demand is high then
the fair market value is adjusted upward.
Comments/Recommendations:
Based on research of vacant land in the area, I believe it is fair to say that the subject property value
is in excess of the June 2000, purchase pdce. As the seller has pointed out, there is a diminishing
supply of vacant land in the area and a increase in demand. This has been weighed and considered
by the appraiser. Without the ability to compensate the seller for potential loss revenue, we can not
substantiate the asking pdce.
A meeting has been set for December 26m, with the property owner to discuss a $60,000 settlement
figure. This figure is comprised of the recent appraised value of $50,000, and $10,000 in cost
avoidance. If we are able to reach this settlement figure without initiating eminent domain
proceedings, the City will realize a cost savings from not having to formally take the property. The
cost avoidance is based on not incurring the expected expenses in a lawsuit, such as legal fees,
appraisal fees, engineering fees and other expert witness fees.
In the event this settlement figure, is not reached, it is recommended to pursue formal proceedings to
acquire the property.
February 3, 2003
NEGOTIATION SUMMARY
Seller's Position:
Seller. Robert P. Brown
Subject Property Location: Block 5, Lot 2
2001 Assessed Value $5,508.
In February 2000, the subject property was acquired for a reported sum of $4,500.
Originally the property was listed for $30,000.
On June 20, 2001, the property listing was increased to $60,000.
Then in May of 2002 the property listing increased to $90,000.
Currently the property is no longer listed for sale on Multiple Listing Service.
Based on our negotiations, Mr. Brown has increased his asking pdce of the subject property to
$250,000, stating he may take $125,000 as a settlement. Mr. Brown has not demonstrated a valid
justification to support his figure.
Buyer's Position:
The City has hired an independent State Certified General Real Estate Appraiser, to determine a
market value. Based on an appraisal dated July 31, 2002, Real Property Analysts valued the property
at $40,000.
Comments/Recommendations:
Based on research of vacant land in the area, I believe it is fair to say that be subject property
value is in excess of the February 2000, purchase pdce. There is a diminishing supply of vacant
land in the area and an increase in demand. There is however no supporting sales or listings,
whether current or historically for this area, to substantiate the asking pdce.
More than reasonable efforts have been extended to purchase the subject property. All land
surrounding the subject is now owned by the City. It is my recommendation, that the City proceed
with eminent domain to acquire the land.
February 3, 2003